# trust-fund-commission — 13 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 : 2026-01-08-agenda-7596.txt
BOARD    : trust-fund-commission
DATE     : 2026-01-08
KIND     : agenda
OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/trust-fund-commission/2026-01-08-agenda-7596.txt
TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_01082026-7596
========================================================================================

===PAGE 1===
BOARD OF TRUST FUND COMMISSIONERS 
Thursday January 8, 2025  
5:00 PM 
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 Facebook Live on the Public Access Facebook page 
(https://www.facebook.com/Lunenburg-Public-Access-Cable-157427270975305/) and will be uploaded to the Lunenburg Access 
YouTube after the meeting.  Additionally, please be advised that the Town of Lunenburg utilizes the Zoom platform as host for its 
hybrid and remote meetings; that the Zoom platform utilizes AI technology, known as "AI Companion," to create audio transcriptions 
of meetings to aid in the subsequent preparation of meeting minutes; and that AI Companion is activated immediately upon launching 
the Zoom application.  You are hereby notified that this AI technology may capture audio prior to the start of the meeting and/or 
following the conclusion of 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/3020039690 
 
 
 or from a telephone, dial the toll free number (888) 475-4499 and enter Webinar ID: 302 003 9690  # If you have not registered with 
Zoom you will be asked for your name and 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. Votes may be taken as a 
result of these discussions. Not all the items listed may in fact be discussed and other items not listed may a lso be brought up for discussion to 
the extent permitted by Open Meeting Law.  
 5:00 PM CALL TO ORDER  
I. OPEN•PLEDGE OF ALLEGIANCE 
II. PUBLIC COMMENT***  
COMMISSION • PUBLIC  
III. ANNOUNCEMENTS AND 
COMMUNICATIONS FROM 
TRUST REPRESENTATIVES 
IV. SCHEDULED MEETINGS 
(every 2nd and 4th Thursday) 
V. TREASURER AND FINANCE 
 DIRECTOR REPORTS  
None 
VI. NEW BUSINESS 
1. Overview of Meeting with Town 
manager and Treasurer 
VII. OLD BUSINESS 
1. Discuss Proposed written operating 
policy 
2. Meeting Minutes Ratification 
3. By-Law to allow the select board to 
vote to release money from the trust 
funds in the absence of a quorum or 
an appointed or elected board 
4. Update to Application For Funds 
5. Vacancy 
6. Goals of the Commission 
7. Update on interns 
8. Real estate investigations 
9. Review rewritten risk management 
policy ratify with corrections 
10. Rewrite trusts AG office of Public 
Charity cy pres filing updates 
VIII. BENEFICIARY/COMMENT 
IX. UPCOMING MEETING/EVENTS  
1. January 22, 2026 
X. PUBLIC COMMENT**  
PUBLIC•TREASURER/FINANCE 
DIRECTOR • COMMISSION 
XI. ADJOURN 
 ** Per Policy, Public comment will be decided at 
the discretion of the Chair- please Note that 
Public comment is not required by law and may at 
times not be permitted for any reason.

========================================================================================
DOCUMENT : 2026-01-08-minutes-7596.txt
BOARD    : trust-fund-commission
DATE     : 2026-01-08
KIND     : minutes
OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/trust-fund-commission/2026-01-08-minutes-7596.txt
TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_01082026-7596
========================================================================================

===PAGE 1===
Lunenburg  Trust  Fund  Commission  
Bilotta  Meeting  Room/PACC  
Lunenburg  Town  Hall  
January  8,  2026  
 Due  to  technical  issues,  the  meeting  was  not  called  to  order  until  5:25pm.  Members  recited  the  
Pledge
 
of
 
Allegiance.
 
Chairman
 
Bowen
 
proceeded
 
to
 
read
 
the
 
posted
 
open
 
meeting
 
notice
 
from
 
the
 
Agenda
 
with
 
the
 
clarification
 
that
 
it
 
is
 
not
 
being
 
broadcast
 
on
 
the
 
Zoom
 
platform
 
but
 
only
 
recorded.
  No  public  was  present.  There  was  no  comment  from  either  Mr  Howard  or  Chairman  Bowen.   No  Finance  Direct  or  Treasurer  reports  were  presented  -  as  those  are  published  by  the  Private  
Trust
 
Company
 
on
 
a
 
quarterly
 
basis,
 
we
 
expect
 
to
 
receive
 
a
 
Treasurer
 
update
 
in
 
February
 
2026.
  
  Chairman  Bowen  provided  a  brief  update  on  the  meeting  with  Town  Mgr.   Essentially,  during  this  
meeting
 
there
 
was
 
a
 
review
 
of
 
records
 
and
 
transaction
 
logs
 
related
 
to
 
the
 
Trusts
 
held
 
under
 
control
 
of
 
the
 
Trust
 
Fund
 
Commission.
  Chairman  Bowen  again  mentioned  the  vacancy  on  the  Trust  Fund  Commission  and  the  means  
to
 
apply.
  
Mr
 
Howard
 
mentioned
 
that
 
anyone
 
interested
 
would
 
need
 
to
 
take
 
State
 
Ethics
 
Training
 
as
 
a
 
prerequisite
 
to
 
sitting
 
on
 
the
 
Trust
 
Fund
 
Commission.
 
  Chairman  Bowen  discussed  the  need  to  submit  a  warrant  article  to  allow  the  Select  Board  to  
release
 
money
 
in
 
the
 
absence
 
of
 
a
 
quorum
 
on
 
the
 
board
 
of
 
Trust
 
Fund
 
Commissioners.
  
The
 
Intent
 
is
 
to
 
allow
 
the
 
Select
 
Board
 
and
 
the
 
existing
 
member
 
of
 
Trust
 
Fund
 
Commission,
 
in
 
the
 
absence
 
of
 
majority
 
or
 
quorum,
 
they
 
would
 
be
 
able
 
to
 
serve
 
in
 
the
 
capacity
 
to
 
fulfill
 
the
 
obligations
 
of
 
the
 
Trust
 
Fund
 
Commission
 
for
 
the
 
purposes
 
of
 
making
 
distributions
 
from
 
the
 
funds
 
under
 
control
 
of
 
the
 
Trust
 
Fund
 
Commission.
   
Mr
 
Howard
 
felt
 
that
 
this
 
is
 
a
 
good
 
example
 
of
 
a
 
“business
 
continuity
 
plan”
 
to
 
ensure
 
uninterrupted
 
operations
 
in
 
the
 
event
 
of
 
unforeseen
 
circumstances
 
impacting
 
the
 
timely
 
operation
 
of
 
the
 
Trust
 
Fund
 
Commission.
  
One
 
possible
 
scenario
 
discussed
 
is
 
the
 
possibility
 
that
 
the
 
Trust
 
Fund
 
Commission
 
could
 
possibly
 
be
 
composed
 
entirely
 
of
 
members
 
of
 
the
 
Select
 
Board
 
or
 
be
 
entirely
 
appointed
 
by
 
the
 
Select
 
Board.
  
Mr
 
Howard
 
has
 
concerns
 
about
 
the
 
structure
 
of
 
a
 
fully
 
appointed
 
Trust
 
Fund
 
Commission.
  
Chairman
 
Bowen
 
reiterated
 
his
 
concern
 
that
 
some
 
prior
 
appointments
 
made
 
by
 
the
 
Select
 
Board
 
were
 
made
 
without
 
consideration
 
of
 
past
 
experience
 
or
 
the
 
actual
 
qualifications
 
of
 
volunteers,
 
relevant
 
experience
 
is
 
important.
  Chairman  Bowen  and  Mr  Howard  discussed  the  loan  of  approximately  $2,700  given  by  the  Trust  
Fund
 
Commission
 
back
 
in
 
2017.
  
With
 
turnover
 
on
 
the
 
Trust
 
Fund
 
Commission,
 
the
 
provisions
 
===PAGE 2===
and  obligations  of  the  recipient   of  the  loan  were  not  followed  up  on,  causing  the  enforcement  to  
fall
 
through
 
the
 
cracks.
  Chairman  Bowen  requested  that  by  the  next  meeting  we  each  take  some  time  to  brainstorm  
voting
 
structures
 
for
 
appointed
 
structures
 
or
 
hybrid
 
elected/Select
 
Board
 
compositions..
 
  Chairman  Bowen  would  begin  to  draft  the  potential  wording  for  the  proposed  Warrant  article  by  
our
 
next
 
meeting,
 
the
 
exact
 
mechanics
 
are
 
not
 
entirely
 
known
 
at
 
this
 
time.
  The  Trust  Fund  Commission's  application  for  rewriting  the  provisions  and  declarations  of  the  
American
 
Legion
 
283
 
are
 
still
 
with
 
the
 
Town
 
Attorney.
  
In
 
the
 
process
 
of
 
updating
 
the
 
declaration
 
there
 
is
 
the
 
need
 
to
 
add
 
some
 
info
 
for
 
Veterans
 
in
 
good
 
standing,
 
for
 
example.
  Real  estate  investigations  are  going  slowly  as  work  is  being  performed  solely  by  Chairman  
Bowen.
  
The
 
Issue
 
is
 
any
 
sales,
 
or
 
transfers
 
of
 
land
 
where
 
the
 
donor
 
had
 
specific
 
intent
 
but
 
the
 
Town
 
subsequently
  
sold
 
the
 
property
 
that
 
ended
 
up
 
being
 
used
 
for
 
other
 
purposes
 
outside
 
of
 
the
 
donor’s
 
intent.
  
Chairman
 
Bowen’s
 
assertion
 
is
 
that
 
during
 
conversion
 
the
 
proceeds
 
should
 
have
 
been
 
put
 
into
 
Trust
 
in
 
the
 
donor's
 
name,
 
not
 
taken
 
by
 
the
 
Town.
  Chairman  Bowen  updated  Mr  Howard  and  the  viewing  public  on  the  Intern  situation  which  has  
been
 
discussed
 
at
 
prior
 
meetings
 
of
 
the
 
Trust
 
Fund
 
Commission.
   
Due
 
to
 
the
 
prerequisites
 
involved
 
in
 
setting
 
up
 
a
 
formal
 
internship
 
program,
 
Interns
 
won't
 
be
 
used
 
for
 
2026.
   
The
 
issue
 
will
 
be
 
revisited
 
next
 
year.
  There  were  no  Beneficiary  comments  nor  comments  from  members  of  the  Trust  Fund  
Commission.
  
There
 
was
 
no
 
public
 
comment
 
as
 
there
 
were
 
no
 
members
 
of
 
the
 
public
 
present
 
either
 
in
 
person
 
and
 
there
 
were
 
no
 
remote
 
viewers
 
due
 
to
 
issues
 
with
 
the
 
Zoom
 
platform..
  Both  members  discussed  the  date  for  the  next  Trust  Fund  Commission  meeting.   The  next  
meeting
 
will
 
be
 
held
 
on
 
Jan
 
22,
 
2026.
  Motion  to  adjourn  made  by  Mr  Howard,  seconded  by  Chairman  Bowen.   Motion  approved  
unanimously
 
and
 
the
 
meeting
 
was
 
adjourned
 
at
 
6:31
 
pm.

========================================================================================
DOCUMENT : 2026-01-29-agenda-7627.txt
BOARD    : trust-fund-commission
DATE     : 2026-01-29
KIND     : agenda
OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/trust-fund-commission/2026-01-29-agenda-7627.txt
TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_01292026-7627
========================================================================================

===PAGE 1===
BOARD OF TRUST FUND COMMISSIONERS 
Thursday January 29, 2026  
5:30 PM 
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 Facebook Live on the Public Access Facebook page 
(https://www.facebook.com/Lunenburg-Public-Access-Cable-157427270975305/) and will be uploaded to the Lunenburg Access 
YouTube after the meeting.  Additionally, please be advised that the Town of Lunenburg utilizes the Zoom platform as host for its 
hybrid and remote meetings; that the Zoom platform utilizes AI technology, known as "AI Companion," to create audio transcriptions 
of meetings to aid in the subsequent preparation of meeting minutes; and that AI Companion is activated immediately upon launching 
the Zoom application.  You are hereby notified that this AI technology may capture audio prior to the start of the meeting and/or 
following the conclusion of 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/7663167607 
 or from a telephone, dial the toll-free number (888) 475-4499 and enter Webinar ID: 766 316 7607  # If you have not registered with 
Zoom you will be asked for your name and 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. Votes may be taken as a 
result of these discussions. Not all the items listed may in fact be discussed and other items not listed may a lso be brought up for discussion to 
the extent permitted by Open Meeting Law.  
 5:30 PM CALL TO ORDER  
I. OPEN•PLEDGE OF ALLEGIANCE 
II. PUBLIC COMMENT***  
COMMISSION • PUBLIC  
III. ANNOUNCEMENTS AND 
COMMUNICATIONS FROM 
TRUST REPRESENTATIVES 
IV. SCHEDULED MEETINGS 
(every 2nd and 4th Thursday) 
V. TREASURER AND FINANCE 
 DIRECTOR REPORTS  
None 
VI. NEW BUSINESS 
1. Warrant Article finalize and vote 
For request of monies for Cy pres 
filing for the distribution of 
American Legion Funds 
2. By Law finalize and Vote regarding 
the absence of a quorum of the 
Commission leaving for another 
body to assume the distribution of 
trust money until a full commission 
can be appointed or elected. 
3. ATM Presentation of the state of  
trust Funds 
VII. OLD BUSINESS 
1. Discuss Proposed written operating 
policy 
2. Meeting Minutes Ratification 
3. Updates to Application For Funds 
4. Vacancy 
5. Goals of the Commission 
6. Update on interns 
7. Real estate investigations 
8. Review rewritten risk management 
policy ratify with corrections 
9. Rewrite trusts with AG office of 
Public Charity PC-15 Form 
VIII. BENEFICIARY/COMMENT 
IX. UPCOMING MEETING/EVENTS  
1. February 12, 2026 
X. PUBLIC COMMENT**  
PUBLIC•TREASURER/FINANCE 
DIRECTOR • COMMISSION 
XI. ADJOURN 
 ** Per Policy, Public comment will be decided at 
the discretion of the Chair- please Note that 
Public comment is not required by law and may at 
times not be permitted for any reason.

========================================================================================
DOCUMENT : 2026-01-29-minutes-7627.txt
BOARD    : trust-fund-commission
DATE     : 2026-01-29
KIND     : minutes
OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/trust-fund-commission/2026-01-29-minutes-7627.txt
TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_01292026-7627
========================================================================================

===PAGE 1===
Lunenburg  Trust  Fund  Commission  
Bilotta  Meeting  Room/PACC  
Lunenburg  Town  Hall  
January  29,  2026  
 
Due  to  a  scheduling  conflict  with  one  of  the  Trust  Fund  Commission  members  the  meeting  was  
rescheduled
 
to
 
start
 
at
 
5:30pm.
 
Members
 
recited
 
the
 
Pledge
 
of
 
Allegiance.
 
Chairman
 
Bowen
 
proceeded
 
to
 
read
 
the
 
posted
 
open
 
meeting
 
notice
 
from
 
the
 
Agenda.
  No  public  was  present.  There  were  no  opening  comments  from  either  Mr  Howard  or  Chairman  
Bowen.
  Chairman  Bowen  reminded  the  public  that  our  normal  meeting  schedule  is  to  meet  on  the  2nd  
and
 
4th
 
Thursday
 
of
 
the
 
month,
 
this
 
meeting
 
was
 
rescheduled
 
from
 
Jan
 
22nd
 
due
 
to
 
a
 
scheduling
 
conflict
 
with
 
one
 
of
 
the
 
members
 
of
 
the
 
Trust
 
Fund
 
Commission.
  No  Finance  Direct  or  Treasurer  reports  were  presented  -  as  those  are  published  by  the  Private  
Trust
 
Company
 
on
 
a
 
quarterly
 
basis,
 
we
 
expect
 
to
 
receive
 
a
 
Treasurer
 
update
 
in
 
February
 
2026.
  The  main  topics  to  be  discussed  during  the  meeting  are  two  warrant  articles  drafted  by  
Chairman
 
Bowen
 
in
 
regards
 
to
 
the
 
appropriation
 
of
 
funds
 
to
 
pay
 
for
 
cy
 
pres
 
filings
 
for
 
the
 
American
 
Legion
 
Trusts
 
and
 
a
 
warrant
 
article
 
on
 
vacancies
 
on
 
the
 
Trust
 
Fund
 
Commission.
  The  first  warrant  discussed  was  the  Appropriation  for  Legal  Expenses  related  trust  fund  Cy  Pres  
proceedings,
 
the
 
text
 
was
 
read
 
as
 
follows:
  
Town  of  Lunenburg,  Massachusetts  
Annual
 
Town
 
Meeting
 
–
 
May
 
2,
 
2026
 
Warrant
 
Article
 
 
 
ARTICLE  __:  APPROPRIATION  FOR  LEGAL  EXPENSES  RELATED  TO  TRUST  FUND  CY  
PRES
 
PROCEEDINGS
 
 
To
 
see
 
if
 
the
 
Town
 
will
 
vote
 
to
 
appropriate
 
the
 
sum
 
of
 
Fourteen
 
Thousand
 
Two
 
Hundred
 
Fifty
‑
Two
 
Dollars
 
and
 
Thirty
‑
Nine
 
Cents
 
($14,252.39)
 
from
 
the
 
General
 
Fund
 
for
 
the
 
payment
 
of
 
legal
 
expenses,
 
as
 
advised
 
by
 
Town
 
Counsel,
 
necessary
 
for
 
the
 
research,
 
analysis,
 
legal
 
drafting,
 
and
 
filing
 
of
 
cy
 
pres
 
petitions
 
in
 
the
 
Massachusetts
 
Probate
 
and
 
Family
 
Court,
 
===PAGE 2===
Worcester  Division,  for  the  purpose  of  correcting  and  updating  the  terms  of  certain  
municipal
 
trust
 
funds
 
so
 
that
 
they
 
may
 
lawfully
 
and
 
effectively
 
serve
 
their
 
intended
 
charitable
 
purposes,
 
including
 
but
 
not
 
limited
 
to:
 
 
1.
 
The
 
American
 
Legion
 
Poor
 
Trust
 
Fund
 
(Ledger
 
Name:
 
American
 
Legion
 
Poor)
 
and
 
the
 
Post
 
283
 
American
 
Legion
 
Trust
 
Fund
 
(Ledger
 
Name:
 
Lunenburg
 
Post
 
#283),
 
which
 
presently
 
restrict
 
use
 
of
 
funds
 
to
 
members
 
of
 
American
 
Legion
 
Post
 
#283,
 
an
 
organization
 
that
 
is
 
no
 
longer
 
an
 
active
 
or
 
recognized
 
National
 
or
 
State
 
post
 
of
 
the
 
American
 
Legion,
 
thereby
 
preventing
 
the
 
funds
 
from
 
being
 
used
 
for
 
the
 
benefit
 
of
 
Lunenburg
 
resident
 
veterans;
 
and
 
 
2.
 
The
 
Worthy
 
Poor
 
Fund
 
(Ledger
 
Name:
 
Worthy
 
Poor
 
Income),
 
whose
 
existing
 
terms
 
require
 
modification
 
to
 
conform
 
with
 
the
 
modern
 
structure
 
of
 
public
 
assistance,
 
as
 
the
 
responsibility
 
for
 
the
 
care
 
of
 
the
 
poor
 
is
 
no
 
longer
 
a
 
municipal
 
function
 
and
 
was
 
assumed
 
by
 
the
 
Commonwealth
 
of
 
Massachusetts
 
in
 
the
 
early
 
twentieth
 
century
 
under
 
statewide
 
public
 
welfare
 
laws;
 
 
said
 
appropriation
 
being
 
for
 
the
 
purpose
 
of
 
restoring
 
lawful,
 
practical,
 
and
 
charitable
 
use
 
of
 
these
 
trust
 
funds
 
through
 
judicial
 
approval
 
consistent
 
with
 
donor
 
intent,
 
or
 
take
 
any
 
other
 
action
 
relative
 
thereto.
 
 
 
Submitted
 
by:
 
Board  of  Commissioners  of  Trust  Funds  
Prepared:  January  29,  2026  
After  review  there  was  identified  the  need  to  strike  the  word  municipal  from  the  6th  line  of  the  
first
 
paragraph.
  
In
 
order
 
to
 
provide
 
the
 
public
 
with
 
further
 
information
 
on
 
the
 
need
 
to
 
expend
 
these
 
funds,
 
Chairman
 
Bowen
 
drafted
 
a
 
Legal
 
Research
 
Memorandum,
 
the
 
text
 
of
 
which
 
follows:
  Town  of  Lunenburg,  Massachusetts  Legal  Research  Memorandum  Prepared:  January  29,  2026   LEGAL  RESEARCH  MEMORANDUM  Re:  Warrant  Article  –  Appropriation  for  Cy  Pres  
Proceedings
 
Affecting
 Certain  Trust  Funds  Town  of  Lunenburg,  Massachusetts  I.  Purpose  This  memorandum  explains  
the
 legal  authority  supporting  the  Warrant  Article  requesting  an  appropriation  of  $14,252.39  from  the  General  Fund  to  fund  legal  services  required  to  pursue  cy  pres  relief  in  the  Massachusetts  Probate  and  Family  Court.  The  purpose  of  the  cy  pres  proceedings  is  to  restore  certain  charitable  trust  funds  to  lawful  and  effective  use  where  their  current  terms  are  impossible  or  
===PAGE 3===
impracticable  to  carry  out  as  written.  II.  Massachusetts  Uniform  Trust  Code  and  Cy  Pres  Massachusetts  General  Laws  Chapter  203E,  the  Massachusetts  Uniform  Trust  Code,  governs  
the
 administration  and  modification  of  charitable  trusts.  Under  Section  413  of  that  chapter,  a  court  may  modify  the  terms  of  a  charitable  trust  when  the  original  charitable  purpose  has  become  unlawful,  impracticable,  impossible  to  achieve,  or  wasteful.  The  doctrine  of  cy  pres  allows  the  court  to  redirect  the  trust  property  to  a  purpose  as  near  as  possible  to  the  donor’s  original  charitable  intent.  This  authority  is  judicial  in  nature  and  must  be  exercised  by  the  Probate  and  Family  Court.  III.  Powers  and  Duties  of  the  Board  of  Commissioners  of  Trust  Funds  Under  M.G.L.  Chapter  41,  Section  45,  the  Board  of  Commissioners  of  Trust  Funds  is  charged  
with
 the  custody  and  management  of  trust  funds  given  or  bequeathed  for  the  benefit  of  the  Town  or  its  inhabitants.  The  Board  acts  as  a  fiduciary  and  is  required  to  administer  each  trust  strictly  in  accordance  with  donor  intent.  The  Board  does  not  have  authority  to  unilaterally  alter  or  modernize  trust  purposes;  when  trust  terms  can  no  longer  be  fulfilled,  judicial  approval  through  cy  pres  is  required.  IV.  Role  of  the  Attorney  General  The  Attorney  General  of  the  Commonwealth  has  supervisory  authority  over  charitable  trusts  and  is  a  necessary  party  to  any  court  proceeding  seeking  cy  pres  relief  or  other  modification  affecting  a  charitable  interest.  Probate  and  Family  Court  rules  require  that  the  Attorney  General  receive  notice  and  an  opportunity  to  be  heard  before  relief  may  be  granted.  V.  Limitations  of  Attorney  General  Administrative  Filings  Administrative  filings  with  the  Attorney  General’s  Non-Profit  Organizations  and  Public  Charities  Division,  including  annual  charity  filings  and  related  forms,  do  not  authorize  changes  to  donor-restricted  purposes.  Such  filings  are  regulatory  and  reporting  mechanisms  only.  They  cannot  substitute  for  a  court  decree  modifying  a  charitable  trust.  Where  a  trust’s  purpose  must  be  altered,  Probate  and  Family  Court  approval  is  required.  VI.  Application  to  the  Affected  Trust  Funds  The  American  Legion  Poor  Trust  Fund  and  the  Post  283  American  Legion  Trust  Fund  restrict  benefits  to  members  of  American  Legion  Post  #283.  Because  that  post  no  longer  exists  as  an  active  or  recognized  organization,  the  trusts  cannot  be  administered  as  written,  even  though  the  underlying  charitable  intent  to  benefit  veterans  remains  clear.  The  Worthy  Poor  Fund  was  created  at  a  time  when  towns  were  responsible  for  operating  poorhouses  and  providing  direct  relief  to  the  indigent.  Over  time,  Massachusetts  shifted  responsibility  for  public  assistance  from  municipalities  to  statewide  public  welfare  systems.  As  a  result,  the  original  method  of  administering  the  Worthy  Poor  Fund  is  no  longer  practicable  under  modern  law.  VII.  Need  for  General  Fund  Appropriation  The  individual  donor  trust  accounts  affected  by  this  warrant  article  do  not  contain  sufficient  funds  to  cover  the  legal  costs  associated  with  pursuing  cy  pres  relief.  In  addition,  using  restricted  trust  assets  to  finance  litigation  intended  to  alter  the  governing  terms  of  those  same  trusts  would  raise  fiduciary  concerns.  Because  the  cy  pres  proceedings  are  undertaken  to  restore  lawful  usability  and  preserve  donor  intent,  the  associated  legal  costs  must  be  borne  by  the  Town  through  an   appropriation  from  the  General  Fund.  VIII.  Conclusion  Approval  of  the  Warrant  Article  will  allow  the  Town  to  seek  necessary  judicial  relief  to  restore  long-standing  charitable  trust  funds  to  lawful  and  effective  use,  consistent  with  donor  intent  and  modern  legal  requirements,  while  avoiding  fiduciary  risk  and  ensuring  proper  oversight  by  the  Probate  Court  and  the  
===PAGE 4===
Attorney  General.  No  discussion  on  wording  as  written  and  no  changes.   Mr  Howard  made  a  motion  to  approve  the  warrant  article  for  APPROPRIATION  FOR  LEGAL  
EXPENSES
 
RELATED
 
TO
 
TRUST
 
FUND
 
CY
 
PRES
 
PROCEEDINGS
 
with
 
the
 
aforementioned
 
removal
 
of
 
the
 
word
 
municipal
 
from
 
the
 
first
 
paragraph.
  
The
 
Motion
 
was
 
seconded
 
by
 
Chairman
 
Bowen.
  
Vote
 
on
 
the
 
motion
 
was
 
Mr
 
Howard
 
=
 
Aye,
 
Chairman
 
Bowen
 
=
 
Aye.
  The  next  item  on  the  agenda  was  to  discuss  the  warrant/bylaw  to  address  the  Distribution  of  
Trust
 
Funds
 
in
 
the
 
Absence
 
of
 
a
 
Quorum
,
 
the
 
amended
 
text
 
of
 
which
 
is
 
as
 
follows:
  
Town  of  Lunenburg,  Massachusetts  
Annual
 
Town
 
Meeting
 
–
 
May
 
2,
 
2026
 
Warrant
 
Article
 
 
 
ARTICLE  __:  DISTRIBUTION  OF  TRUST  FUNDS  IN  THE  ABSENCE  OF  A  QUORUM  
 
To
 
see
 
if
 
the
 
Town
 
will
 
vote
 
to
 
amend
 
the
 
General
 
Bylaws
 
of
 
the
 
Town
 
of
 
Lunenburg
 
by
 
adding
 
a
 
new
 
section
 
to
 
Chapter
 
12,
 
Boards,
 
Commissions
 
and
 
Committees,
 
designated
 
as
 
§
 
12-9,
 
entitled
 
‘Distribution
 
of
 
Trust
 
Funds
 
in
 
the
 
Absence
 
of
 
a
 
Quorum,’
 
to
 
authorize
 
the
 
Select
 
Board,
 
on
 
a
 
limited
 
and
 
conditional
 
basis,
 
to
 
approve
 
distributions
 
from
 
trust
 
funds
 
only
 
when
 
the
 
Board
 
of
 
Commissioners
 
of
 
Trust
 
Funds
 
lacks
 
a
 
lawful
 
quorum,
 
and
 
further
 
to
 
establish
 
specific
 
voting
 
requirements
 
and
 
safeguards
 
applicable
 
to
 
such
 
action,
 
including:
 
(i)
 
a
 
unanimous
 
vote
 
of
 
all
 
five
 
Select
 
Board
 
members
 
when
 
only
 
one
 
elected
 
member
 
of
 
the
 
Board
 
of
 
Commissioners
 
of
 
Trust
 
Funds
 
remains
 
in
 
office;
 
(ii)
 
in
 
the
 
event
 
of
 
an
 
emergency
 
where
 
unanimity
 
is
 
not
 
possible,
 
the
 
temporary
 
inclusion
 
of
 
that
 
sole
 
elected
 
member
 
of
 
the
 
Board
 
of
 
Commissioners
 
of
 
Trust
 
Funds
 
as
 
a
 
voting
 
participant,
 
with
 
approval
 
by
 
a
 
majority
 
of
 
the
 
Select
 
Board
 
members
 
present;
 
and
 
(iii)
 
conflict-of-interest
 
and
 
emergency
 
fallback
 
procedures,
 
including
 
reliance
 
on
 
the
 
Rule
 
of
 
Necessity
 
when
 
legally
 
required;
 
all
 
subject
 
to
 
strict
 
compliance
 
with
 
donor
 
intent,
 
the
 
governing
 
trust
 
instruments,
 
existing
 
policies
 
of
 
the
 
Board
 
of
 
Commissioners
 
of
 
Trust
 
Funds,
 
and
 
all
 
applicable
 
laws,
 
or
 
take
 
any
 
other
 
action
 
relative
 
thereto.
 
 
Submitted  by:  
Board
 
of
 
Commissioners
 
of
 
Trust
 
Funds
 
Prepared:  January  29,  2026  
Chairman  Bowen  proceeded  to  read  the  detailed  wording  of  the  proposed  warrant  article/bylaw  
the
 
text
 
of
 
which
 
follows:
 
===PAGE 5===
Distribution  of  Trust  Funds  in  the  Absence  of  a  Quorum  —  Delegated  Authority  
to
 
the
 
Select
 
Board
 Prepared:  January  29,  2026  
 
Draft
 
Warrant
 
Article
 
Article  __:  Distribution  of  Trust  Funds  in  the  Absence  of  a  Quorum  —  Delegated  Authority  to  
the
 
Select
 
Board
 
To  see  if  the  Town  will  vote  to  amend  the  Town’s  General  Bylaws  by  adding  a  new  chapter  
and
 
section
 
entitled
 
“Distribution
 
of
 
Trust
 
Funds
 
in
 
the
 
Absence
 
of
 
a
 
Quorum,”
 
authorizing
 
the
 
Select
 
Board,
 
on
 
a
 
limited
 
and
 
conditional
 
basis,
 
to
 
act
 
in
 
place
 
of
 
the
 
Board
 
of
 
Commissioners
 
of
 
Trust
 
Funds
 
solely
 
when
 
the
 
Board
 
of
 
Commissioners
 
of
 
Trust
 
Funds
 
lacks
 
a
 
quorum,
 
or
 
take
 
any
 
other
 
action
 
relative
 
thereto.
 
Submitted  by:  Select  Board  Chapter  __.  Financial  Administration  
§
 
__
‑
__.
 
Distribution
 
of
 
Trust
 
Funds
 
by
 
the
 
Select
 
Board
 
in
 
the
 
Absence
 
of
 
a
 
Quorum
 
of
 
the
 
Board
 
of
 
Commissioners
 
of
 
Trust
 
Funds
 §  1.  Purpose  and  Findings.  
(a)
 
The
 
Town
 
maintains
 
multiple
 
trust
 
funds
 
“given
 
or
 
bequeathed
 
for
 
the
 
benefit
 
of
 
the
 
Town
 
or
 
the
 
inhabitants
 
thereof,”
 
which
 
are
 
managed
 
by
 
the
 
Board
 
of
 
Commissioners
 
of
 
Trust
 
Funds
 
(BCTF)
 
pursuant
 
to
 
M.G.L.
 
c.41,
 
§
 
45
 
and
 
Lunenburg
 
Charter
 
§
 
3
‑
11.
 
This
 
bylaw
 
ensures
 
timely
 
distributions
 
when
 
the
 
BCTF
 
is
 
unable
 
to
 
attain
 
a
 
legal
 
quorum,
 
without
 
altering
 
donor
 
restrictions
 
or
 
the
 
BCTF’s
 
statutory
 
and
 
chartered
 
management
 
role.
 §  2.  Definitions.  
(a)
 
“Absence
 
of
 
a
 
quorum”
 
means
 
fewer
 
than
 
the
 
number
 
of
 
BCTF
 
members
 
required
 
to
 
constitute
 
a
 
quorum
 
under
 
applicable
 
law
 
and
 
the
 
Town’s
 
governing
 
rules,
 
present
 
and
 
eligible
 
to
 
act
 
at
 
a
 
duly
 
posted
 
meeting.
 
(Under
 
general
 
Massachusetts
 
practice,
 
when
 
a
 
quorum
 
is
 
present,
 
a
 
majority
 
of
 
that
 
quorum
 
may
 
act
 
unless
 
a
 
statute
 
provides
 
otherwise.)
 §  3.  Triggering  Conditions.  
The
 
Select
 
Board
 
may
 
act
 
under
 
this
 
section
 
only
 
if
 
both
 
of
 
the
 
following
 
are
 
true:
 
(a)
 
The
 
BCTF
 
fails
 
to
 
attain
 
a
 
quorum
 
at
 
two
 
(2)
 
duly
 
posted
 
meetings
 
noticed
 
at
 
least
 
seven
 
(7)
 
days
 
in
 
advance,
 
scheduled
 
within
 
forty
‑
five
 
(45)
 
days
 
prior
 
to
 
the
 
requested
 
action;
 
or
 
there
 
exists
 
a
 
vacancy
 
or
 
recusals
 
that
 
make
 
a
 
quorum
 
impracticable
 
for
 
at
 
least
 
thirty
 
(30)
 
days;
 
and
 
(b)
 
The
 
Town
 
Manager
 
or
 
Town
 
Clerk
 
provides
 
a
 
written
 
certification
 
to
 
the
 
Select
 
Board
 
that
 
a
 
quorum
 
could
 
not
 
be
 
obtained
 
despite
 
reasonable
 
scheduling
 
efforts
 
(to
 
be
 
filed
 
with
 
the
 
Town
 
Clerk).
 
(Posting
 
and
 
meeting
 
conduct
 
shall
 
comply
 
with
 
the
 
Open
 
Meeting
 
Law
 
and
 
standard
 
Select
 
Board
 
practice.)
 §  4.  Scope  of  Delegated  Authority.  
(a)
 
Distributions
 
Authorized.
 
When
 
the
 
conditions
 
of
 
§
 
3
 
are
 
satisfied,
 
the
 
Select
 
Board
 
may
 
===PAGE 6===
approve  the  expenditure  of  trust  interest,  trust  income,  and,  where  permitted,  trust  
principal,
 
provided
 
that
 
such
 
expenditures
 
are
 
authorized
 
or
 
required
 
by
 
the
 
governing
 
trust
 
instrument
 
and
 
would
 
otherwise
 
fall
 
within
 
the
 
lawful
 
authority
 
of
 
the
 
BCTF
 
under
 
M.G.L.
 
c.41,
 
§
 
45
 
and
 
Charter
 
§
 
3
‑
11.
 
(b)
 
Expenditure
 
of
 
Interest
 
(Non
‑
Depletion).
 
Interest
 
earnings
 
generated
 
by
 
trust
 
assets
 
may
 
be
 
expended
 
in
 
addition
 
to
 
trust
 
income
 
and
 
principal,
 
where
 
allowed
 
by
 
the
 
terms
 
of
 
the
 
trust,
 
provided
 
that
 
such
 
expenditures
 
(1)
 
are
 
consistent
 
with
 
the
 
stated
 
purposes
 
of
 
the
 
trust;
 
(2)
 
do
 
not
 
deplete
 
all
 
monies
 
held
 
in
 
the
 
trust
 
fund;
 
and
 
(3)
 
maintain
 
a
 
reasonable
 
continuing
 
balance
 
in
 
accordance
 
with
 
the
 
trust
 
instrument
 
and
 
applicable
 
fiduciary
 
standards.
 
(c)
 
Preservation
 
of
 
Fund
 
Balance.
 
No
 
action
 
taken
 
pursuant
 
to
 
this
 
section
 
shall
 
result
 
in
 
the
 
exhaustion
 
of
 
a
 
trust
 
fund
 
or
 
materially
 
impair
 
the
 
long
‑
term
 
viability
 
of
 
the
 
trust.
 
All
 
distributions
 
shall
 
preserve
 
the
 
corpus
 
or
 
minimum
 
balances
 
required
 
by:
 
(1)
 
the
 
express
 
terms
 
of
 
the
 
trust;
 
and
 
(2)
 
any
 
policies
 
duly
 
adopted
 
by
 
the
 
Board
 
of
 
Commissioners
 
of
 
Trust
 
Funds,
 
including
 
spending
‑
rate,
 
reserve,
 
or
 
preservation
 
policies;
 
and
 
(3)
 
any
 
applicable
 
distribution,
 
preservation,
 
reserve,
 
or
 
spending
 
standards
 
imposed
 
by
 
a
 
professional
 
trust
 
management
 
company,
 
investment
 
manager,
 
or
 
fiduciary
 
engaged
 
by
 
the
 
Town
 
for
 
the
 
management
 
of
 
trust
 
assets,
 
and
 
all
 
current
 
policies
 
duly
 
adopted
 
by
 
the
 
Board
 
of
 
Commissioners
 
of
 
Trust
 
Funds,
 
which
 
policies
 
shall
 
remain
 
in
 
full
 
force
 
and
 
effect.
 
(d)
 
No
 
Expansion
 
of
 
Select
 
Board
 
Authority.
 
Nothing
 
in
 
this
 
section
 
shall
 
be
 
construed
 
to
 
expand
 
the
 
Select
 
Board’s
 
authority
 
beyond
 
the
 
temporary
 
approval
 
of
 
distributions
 
during
 
an
 
absence
 
of
 
a
 
quorum.
 
The
 
investment,
 
management,
 
allocation,
 
and
 
preservation
 
of
 
trust
 
assets
 
remain
 
the
 
exclusive
 
responsibility
 
of
 
the
 
BCTF,
 
subject
 
to
 
law,
 
the
 
Town
 
Charter,
 
and
 
the
 
governing
 
trust
 
instruments.
 §  5.  Application  and  Review  Process.  
(a)
 
Who
 
may
 
apply.
 
Any
 
resident
 
of
 
Lunenburg
 
or
 
Town
 
department
 
eligible
 
under
 
a
 
particular
 
trust
 
may
 
file
 
a
 
written
 
application
 
with
 
the
 
Town
 
Manager’s
 
Office
 
on
 
a
 
form
 
approved
 
by
 
the
 
Select
 
Board,
 
identifying
 
the
 
trust,
 
requested
 
amount,
 
purpose,
 
legal
 
basis,
 
and
 
how
 
the
 
request
 
complies
 
with
 
donor
 
terms.
 
(General
 
information
 
about
 
the
 
Trust
 
Fund
 
Commission
 
and
 
contacts
 
shall
 
be
 
posted
 
on
 
the
 
Town
 
website.)
 
(b)
 
Financial/legal
 
review.
 
Prior
 
to
 
Select
 
Board
 
action,
 
the
 
Treasurer/Collector
 
shall
 
verify
 
fund
 
balance,
 
available
 
income/interest/principal,
 
and
 
any
 
restricted
 
conditions;
 
Town
 
Counsel
 
shall
 
review
 
for
 
legal
 
sufficiency
 
and
 
donor
 
compliance.
 
Written
 
reviews
 
shall
 
be
 
included
 
in
 
the
 
Select
 
Board
 
packet.
 
(c)
 
Public
 
meeting
 
and
 
vote.
 
The
 
Select
 
Board
 
shall
 
deliberate
 
and
 
vote
 
at
 
a
 
posted
 
public
 
meeting.
 
Approval
 
requires
 
a
 
majority
 
of
 
the
 
members
 
present
 
when
 
a
 
quorum
 
is
 
present,
 
unless
 
a
 
higher
 
threshold
 
applies
 
by
 
law
 
or
 
by
 
this
 
bylaw.
 
(d)
 
Notice
 
to
 
BCTF.
 
Agenda
 
and
 
materials
 
shall
 
be
 
transmitted
 
to
 
all
 
sitting
 
BCTF
 
members
 
at
 
least
 
forty
‑
eight
 
(48)
 
hours
 
before
 
the
 
meeting.
 §  6.  Voting  Procedures  When  the  BCTF  Lacks  a  Quorum.  
(a)
 
Nature
 
of
 
the
 
BCTF.
 
The
 
BCTF
 
is
 
a
 
three
‑
member
 
board,
 
elected
 
to
 
staggered
 
three
‑
year
 
terms,
 
with
 
vacancies
 
filled
 
as
 
provided
 
by
 
law
 
and
 
the
 
Charter.
 
(b)
 
Inclusion
 
of
 
Any
 
Sole
 
Elected
 
BCTF
 
Member.
 
If,
 
at
 
the
 
time
 
the
 
Select
 
Board
 
acts
 
under
 
===PAGE 7===
this  bylaw,  only  one  (1)  elected  BCTF  member  remains  in  office  (with  the  other  seats  vacant  
or
 
ineligible),
 
the
 
Select
 
Board
 
shall
 
include
 
that
 
elected
 
BCTF
 
member
 
in
 
its
 
deliberations
 
on
 
any
 
application
 
for
 
distribution,
 
with
 
the
 
right
 
to
 
speak,
 
present
 
facts,
 
and
 
respond
 
to
 
questions.
 
(c)
 
Default
 
Voting
 
Standard
 
(Unanimous
 
Five
‑
Member
 
Vote).
 
In
 
the
 
circumstance
 
described
 
in
 
§
 
6(b),
 
the
 
Select
 
Board’s
 
vote
 
to
 
approve
 
any
 
distribution
 
shall
 
require
 
a
 
unanimous
 
vote
 
of
 
all
 
five
 
(5)
 
Select
 
Board
 
members
 
(i.e.,
 
5
‑
0),
 
taken
 
at
 
a
 
meeting
 
where
 
all
 
five
 
members
 
are
 
present.
 
(d)
 
Emergency
 
Fallback
 
with
 
Sole
 
Elected
 
BCTF
 
Member
 
as
 
a
 
Voting
 
Participant.
 
(1)
 
If
 
an
 
emergency
 
exists
 
and
 
a
 
unanimous
 
five
‑
member
 
vote
 
cannot
 
be
 
taken
 
because
 
one
 
or
 
more
 
Select
 
Board
 
members
 
are
 
absent
 
or
 
must
 
abstain,
 
the
 
sole
 
elected
 
BCTF
 
member
 
referenced
 
in
 
§
 
6(b)
 
shall
 
be
 
seated
 
as
 
a
 
voting
 
participant
 
for
 
that
 
agenda
 
item
 
only.
 
“Emergency”
 
shall
 
have
 
the
 
meaning
 
used
 
in
 
the
 
Lunenburg
 
Charter
 
(“a
 
sudden,
 
unexpected,
 
unforeseen
 
happening
 
…
 
necessitating
 
immediate
 
action
 
or
 
response”).
 
(2)
 
In
 
that
 
emergency
 
circumstance,
 
the
 
voting
 
standard
 
defaults
 
from
 
unanimity
 
to
 
a
 
majority
 
vote
 
of
 
the
 
Select
 
Board
 
members
 
present,
 
with
 
the
 
seated
 
elected
 
BCTF
 
member
 
counted
 
as
 
a
 
qualifying
 
vote
 
for
 
that
 
item.
 
(A
 
quorum
 
of
 
the
 
Select
 
Board
 
must
 
still
 
be
 
present.)
 
(e)
 
Appointed
‑
Only
 
BCTF
 
Member
 
Not
 
a
 
Voting
 
Participant.
 
If
 
the
 
Select
 
Board
 
has
 
appointed
 
(rather
 
than
 
the
 
voters
 
electing)
 
one
 
(1)
 
individual
 
to
 
the
 
BCTF
 
and
 
a
 
BCTF
 
quorum
 
still
 
does
 
not
 
exist,
 
that
 
appointed
 
individual
 
may
 
attend
 
and
 
advise
 
but
 
shall
 
not
 
participate
 
as
 
a
 
voting
 
member
 
under
 
§
 
6(d).
 
In
 
such
 
case,
 
the
 
Select
 
Board
 
shall
 
proceed
 
to
 
a
 
unanimous
 
five
‑
member
 
vote
 
under
 
§
 
6(c);
 
alternatively,
 
in
 
an
 
emergency,
 
the
 
Select
 
Board
 
may
 
defer
 
to
 
a
 
date
 
when
 
all
 
five
 
members
 
are
 
present
 
and
 
able
 
to
 
vote.
 
(f)
 
Conflicts,
 
Abstentions,
 
and
 
Emergency
 
Continuity
 
(Legal
 
Safeguard).
 
(1)
 
In
 
an
 
emergency
 
where
 
multiple
 
Select
 
Board
 
members
 
must
 
abstain
 
for
 
conflicts,
 
the
 
Select
 
Board
 
may
 
designate
 
two
 
(2)
 
Finance
 
Committee
 
members
 
to
 
sit
 
and
 
vote
 
solely
 
for
 
that
 
agenda
 
item,
 
only
 
to
 
the
 
extent
 
such
 
temporary
 
designation
 
is
 
lawful
 
under
 
state
 
law.
 
(2)
 
Prior
 
to
 
any
 
temporary
 
designation
 
under
 
§
 
6(f)(1),
 
Town
 
Counsel
 
must
 
confirm
 
in
 
writing
 
that
 
such
 
temporary
 
voting
 
substitution
 
is
 
legally
 
permissible.
 
If
 
not
 
permissible,
 
the
 
Select
 
Board
 
shall
 
instead
 
proceed
 
under
 
the
 
Rule
 
of
 
Necessity,
 
allowing
 
otherwise
 
disqualified
 
Select
 
Board
 
members
 
to
 
participate
 
to
 
the
 
extent
 
necessary
 
to
 
take
 
legally
 
required
 
action,
 
with
 
written
 
advice
 
from
 
Town
 
Counsel
 
or
 
the
 
State
 
Ethics
 
Commission.
 
(3)
 
The
 
meeting
 
minutes
 
shall
 
reflect:
 
the
 
nature
 
of
 
the
 
emergency;
 
the
 
reason(s)
 
for
 
abstentions;
 
counsel’s
 
written
 
opinion;
 
and
 
whether
 
the
 
Select
 
Board
 
proceeded
 
with
 
temporary
 
designation
 
under
 
§
 
6(f)(1)
 
or
 
under
 
the
 
Rule
 
of
 
Necessity
 
per
 
State
 
Ethics
 
Commission
 
Advisory
 
05
‑
05.
 
(g)
 
Open
 
Meeting
 
Law
 
and
 
Voting
 
Mechanics.
 
All
 
votes
 
under
 
this
 
section
 
shall
 
occur
 
in
 
an
 
open
 
session
 
duly
 
posted
 
under
 
the
 
Open
 
Meeting
 
Law.
 
When
 
a
 
quorum
 
is
 
present,
 
a
 
majority
 
of
 
that
 
quorum
 
may
 
act
 
unless
 
a
 
higher
 
threshold
 
is
 
imposed
 
by
 
this
 
bylaw
 
or
 
general
 
law.
 §  7.  Transition  and  Pending  Matters.  
(a)
 
Transition
 
of
 
pending
 
requests.
 
Any
 
application,
 
request,
 
or
 
matter
 
relating
 
to
 
the
 
distribution
 
of
 
trust
 
funds
 
pending
 
before
 
the
 
BCTF
 
at
 
the
 
time
 
a
 
quorum
 
cannot
 
be
 
achieved
 
shall
 
not
 
lapse
 
or
 
be
 
deemed
 
denied
 
solely
 
due
 
to
 
the
 
absence
 
of
 
a
 
quorum.
 
Upon
 
a
 
===PAGE 8===
formal  Select  Board  finding  under  §  3,  such  pending  matters  may,  at  the  Select  Board’s  
discretion,
 
be
 
temporarily
 
assumed
 
and
 
acted
 
upon
 
under
 
this
 
bylaw,
 
provided
 
all
 
actions
 
strictly
 
comply
 
with
 
the
 
governing
 
trust
 
terms.
 
(b)
 
Preservation
 
of
 
prior
 
actions.
 
Any
 
advisory
 
vote,
 
recommendation,
 
or
 
preliminary
 
determination
 
made
 
by
 
the
 
BCTF
 
prior
 
to
 
the
 
loss
 
of
 
a
 
quorum
 
may
 
be
 
considered
 
but
 
is
 
not
 
binding
 
on
 
the
 
Select
 
Board,
 
which
 
shall
 
make
 
an
 
independent
 
determination
 
based
 
on
 
the
 
trust
 
instrument,
 
applicable
 
law,
 
and
 
the
 
record.
 
(c)
 
Return
 
of
 
authority.
 
Upon
 
re
‑
establishment
 
of
 
a
 
BCTF
 
quorum,
 
all
 
pending
 
and
 
future
 
matters
 
concerning
 
trust
 
management
 
and
 
distributions
 
shall
 
immediately
 
revert
 
to
 
the
 
BCTF.
 
The
 
Select
 
Board
 
shall
 
take
 
no
 
further
 
action
 
under
 
this
 
section
 
except
 
for
 
ministerial
 
acts
 
necessary
 
to
 
effectuate
 
an
 
already
‑
approved
 
distribution.
 §  8.  Fiscal  Handling  and  Records.  
(a)
 
Upon
 
Select
 
Board
 
approval,
 
the
 
Treasurer/Collector
 
shall
 
disburse
 
funds,
 
maintain
 
accounting
 
entries
 
by
 
trust
 
(preserving
 
corpus
 
and
 
earnings
 
distinctions),
 
and
 
include
 
such
 
disbursements
 
in
 
the
 
annual
 
trust
 
fund
 
report
 
to
 
Town
 
Meeting,
 
consistent
 
with
 
Charter
 
reporting.
 
(b)
 
The
 
Select
 
Board
 
shall
 
issue
 
a
 
written
 
determination
 
for
 
each
 
action
 
documenting:
 
(1)
 
the
 
absence
‑
of
‑
quorum
 
finding;
 
(2)
 
the
 
trust’s
 
governing
 
terms;
 
(3)
 
the
 
approved
 
distribution
 
and
 
purpose;
 
and
 
(4)
 
references
 
to
 
legal
 
and
 
financial
 
review.
 
The
 
determination
 
shall
 
be
 
filed
 
with
 
the
 
Town
 
Clerk.
 §  9.  Emergencies.  
If
 
an
 
application
 
demonstrates
 
a
 
time
‑
sensitive
 
need
 
such
 
that
 
delay
 
would
 
frustrate
 
donor
 
intent
 
or
 
materially
 
harm
 
an
 
intended
 
beneficiary,
 
the
 
Select
 
Board
 
may
 
call
 
a
 
special
 
meeting
 
to
 
act
 
under
 
this
 
section,
 
provided
 
the
 
conditions
 
in
 
§
 
3
 
are
 
met
 
and
 
all
 
Open
 
Meeting
 
Law
 
requirements
 
are
 
satisfied.
 
(Use
 
the
 
Charter
 
definition
 
of
 
“emergency”
 
for
 
consistency.)
 §  10.  Construction;  Severability.  
This
 
section
 
shall
 
be
 
construed
 
liberally
 
to
 
effectuate
 
donor
 
intent
 
and
 
continuity
 
of
 
municipal
 
operations
 
while
 
preserving
 
the
 
BCTF’s
 
statutory
 
and
 
chartered
 
role.
 
If
 
any
 
provision
 
is
 
held
 
invalid,
 
the
 
remainder
 
shall
 
continue
 
in
 
effect.
 
(The
 
Town’s
 
Charter
 
delineates
 
roles
 
for
 
elected
 
boards,
 
including
 
the
 
BCTF;
 
this
 
bylaw
 
supplements,
 
not
 
supplants,
 
those
 
provisions.)
 §  11.  Effective  Date.  
This
 
bylaw
 
shall
 
take
 
effect
 
upon
 
approval
 
by
 
the
 
Attorney
 
General
 
or
 
the
 
lapse
 
of
 
ninety
 
(90)
 
days
 
without
 
action
 
after
 
submission
 
by
 
the
 
Town
 
Clerk,
 
and
 
after
 
posting/publishing
 
as
 
required
 
by
 
M.G.L.
 
c.40,
 
§
 
32.
 (Non ‑ binding  Explanatory  Note)  
This
 
bylaw
 
does
 
not
 
transfer
 
management
 
of
 
Lunenburg’s
 
trust
 
funds
 
away
 
from
 
the
 
BCTF.
 
Under
 
M.G.L.
 
c.41,
 
§
 
45
 
and
 
Charter
 
§
 
3
‑
11,
 
the
 
BCTF
 
manages
 
and
 
controls
 
trust
 
funds
 
for
 
the
 
Town’s
 
benefit,
 
consistent
 
with
 
donor
 
terms.
 
The
 
bylaw
 
only
 
provides
 
a
 
narrow,
 
temporary
 
pathway
 
for
 
the
 
Select
 
Board
 
to
 
approve
 
distributions
 
when
 
the
 
BCTF
 
lacks
 
a
 
===PAGE 9===
quorum,  maintaining  donor  restrictions  and  fiduciary  protections,  requiring  
Treasurer/Collector
 
accounting,
 
and
 
leaving
 
all
 
investment
 
and
 
management
 
to
 
the
 
BCTF.
 
 Chairman  Bowen  proceeded  to  read  a  section-by-section  analysis  of  the  document.   Mr  Howard  and  Chairman  Bowen  had  a  brief  discussion  on  the  proposed  organizing  structure  of  
this
 
Board
 
tasked
 
with
 
fulfilling
 
the
 
fund
 
distribution
 
authority
 
of
 
the
 
Trust
 
Fund
 
Commission.
  
Mr
 
Howard
 
felt
 
that
 
having
 
members
 
of
 
the
 
Select
 
Board
 
fill
 
the
 
necessary
 
gap
 
to
 
achieve
 
a
 
quorum
 
would
 
be
 
a
 
sufficient
 
approach,
 
but
 
Chairman
 
Bowen
 
felt
 
that
 
since
 
this
 
is
 
an
 
unusual
 
arrangement
 
that
 
the
 
5-0
 
requirement
 
is
 
a
 
necessary
 
higher
 
standard
 
since
 
these
 
activities
 
do
 
not
 
fall
 
in
 
the
 
normal
 
roles/responsibilities
 
of
 
members
 
of
 
the
 
Select
 
Board.
 Mr  Howard  made  a  motion  to  approve  the  DISTRIBUTION  OF  TRUST  FUNDS  IN  THE  ABSENCE  
OF
 
A
 
QUORUM
 
warrant.
  
The
 
Motion
 
was
 
seconded
 
by
 
Chairman
 
Bowen.
  
The
 
vote
 
on
 
the
 
motion
 
was
 
Mr
 
Howard
 
=
 
Aye,
 
Chairman
 
Bowen
 
=
 
Aye.
  Chairman  Bowen  advised  that  Real  Estate  investigations  are  on  “Hold”   The  next  meeting  is  scheduled  to  be  held  on  February  12,  2026  at  our  normal  time  of  5:00pm.   There  was  no  public  comment,  nor  any  comment  from  Mr  Howard  or  Chairman  Bowen.   Mr  Howard  made  a  motion  to  adjourn.   Chairman  Bowen  seconded  the  motion.   The  vote  on  the  
motion
 
was
 
Mr
 
Howard
 
=
 
Aye,
 
Chairman
 
Bowen
 
=
 
Aye.
  
The
 
Meeting
 
was
 
adjourned
 
at
 
6:34pm.

========================================================================================
DOCUMENT : 2026-02-12-agenda-7649.txt
BOARD    : trust-fund-commission
DATE     : 2026-02-12
KIND     : agenda
OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/trust-fund-commission/2026-02-12-agenda-7649.txt
TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_02122026-7649
========================================================================================

===PAGE 1===
BOARD OF TRUST FUND COMMISSIONERS 
Thursday February 12, 2026  
5:00 PM 
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 Facebook Live on the Public Access Facebook page 
(https://www.facebook.com/Lunenburg-Public-Access-Cable-157427270975305/) and will be uploaded to the Lunenburg Access 
YouTube after the meeting.  Additionally, please be advised that the Town of Lunenburg utilizes the Zoom platform as host for its 
hybrid and remote meetings; that the Zoom platform utilizes AI technology, known as "AI Companion," to create audio transcriptions 
of meetings to aid in the subsequent preparation of meeting minutes; and that AI Companion is activated immediately upon launching 
the Zoom application.  You are hereby notified that this AI technology may capture audio prior to the start of the meeting and/or 
following the conclusion of 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/ 3020039690 
 or from a telephone, dial the toll free number (888) 475-4499 and enter Webinar ID: 302 003 9690 # If you have not registered with 
Zoom you will be asked for your name and 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. Votes may be taken as a 
result of these discussions. Not all the items listed may in fact be discussed and other items not listed may a lso be brought up for discussion to 
the extent permitted by Open Meeting Law.  
 5:00 PM CALL TO ORDER  
I. OPEN•PLEDGE OF ALLEGIANCE 
II. PUBLIC COMMENT***  
COMMISSION • PUBLIC  
III. ANNOUNCEMENTS AND 
COMMUNICATIONS FROM 
TRUST REPRESENTATIVES 
IV. SCHEDULED MEETINGS 
(every 2nd and 4th Thursday) 
V. TREASURER AND FINANCE 
 DIRECTOR REPORTS  
None 
VI. NEW BUSINESS 
1. Follow up warrant article, By Law 
submissions and responses from 
Selectboard and Town Manager and 
Finance Committee and By law 
Review Committee. 
2. Review Written Operating policy 
3. Review Presentation of Trust Funds 
for ATM 
4. Final research of existing funds 
document review update 
VII. OLD BUSINESS 
1. Meeting Minutes Ratification 
2. Updates to Application For Funds 
3. Vacancy 
4. Goals of the Commission 
5. Update on interns (ongoing) 
6. Real estate investigations (ongoing) 
7. Review rewritten risk management 
policy ratify with corrections 
8. Rewrite trusts with AG office of 
Public Charity PC-15 Form (on hold 
ATM) 
VIII. BENEFICIARY/COMMENT 
IX. UPCOMING MEETING/EVENTS  
1. February 26, 2026 
X. PUBLIC COMMENT**  
PUBLIC•TREASURER/FINANCE 
DIRECTOR • COMMISSION 
XI. ADJOURN 
 ** Per Policy, Public comment will be decided at 
the discretion of the Chair- please Note that 
Public comment is not required by law and may at 
times not be permitted for any reason.

========================================================================================
DOCUMENT : 2026-02-12-minutes-7649.txt
BOARD    : trust-fund-commission
DATE     : 2026-02-12
KIND     : minutes
OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/trust-fund-commission/2026-02-12-minutes-7649.txt
TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_02122026-7649
========================================================================================

===PAGE 1===
Lunenburg  Trust  Fund  Commission  
Bilotta  Meeting  Room/PACC  
Lunenburg  Town  Hall  
February  12,  2026  
 The  meeting  was  called  to  order  at  5:01  pm  by  Chairman  Bowen.  Present  were  Mr  Howard  and  
Chairman
 
Bowen.
  Members  recited  the  Pledge  of  Allegiance.  Chairman  Bowen  proceeded  to  read  the  posted  
Agenda.
  No  public  present.    No  public  comment.   No  public  on  Zoom.   No  comment  from  members  of  
the
 
Trust
 
Fund
 
Commission.
  
No
 
Treasurer
 
or
 
Finance
 
Director
 
reports.
  There  were  no  representatives  from  any  Trust  Funds.     Follow  up  on  need  for  warrant  article.   Chairman  Bowen  has  new  information  and  updated  his  
document,a
  
Warrant
 
article
 
will
 
be
 
submitted
 
to
 
the
 
Board
 
of
 
Selectmen
 
and
 
the
 
Town
 
Manager,
  
a
 
bylaw
 
will
 
be
 
presented
 
to
 
the
 
bylaw
 
review
 
committee.
  
On
 
March
 
3rd
 
Chairman
 
Bowen
 
is
 
scheduled
 
to
 
make
 
a
 
presentation
 
to
 
the
 
Select
 
Board.
  
Chairman
 
Bowen
 
will
 
be
 
meeting
 
with
 
Town
 
Counsel
 
on
 
the
 
cy
 
pres
 
filing,
 
which
 
will
 
be
 
tied
 
to
 
a
 
warrant
 
article.
  The  Board  reviewed  a  draft  of  the  Guide  for  Military  distributed  through  the  American  Legion  
funds
 
that
 
was
 
prepared
 
by
 
Chairman
 
Bowen.
  
This
 
draft
 
wording
 
defines
 
the
 
eligibility
 
determination
 
process
 
as
 
soon
 
as
 
cy
 
pres
 
filing
 
is
 
done.
    
Text
 
is
 
as
 
follows:
  Trust  Fund  disbursement  Eligibility  Instruction  Manual
 
For  the  Trustees  of  the  Lunenburg,  Massachusetts  Board  of  Trust  Fund  Commissioners  
Table  of  Contents   
1.  Purpose  &  Scope  This  manual  guides  Trustees  through  a  consistent,  auditable  process  to  determine  eligibility  for  
disbursements
 
from
 
Military
 
Personnel–Related
 
Trust
 
Funds.
 
It
 
focuses
 
on
 
discharge
 
types
 
(punitive
 
and
 
misconduct
‑
based
 
administrative)
 
and
 
the
 
DD
‑
214
 
fields
 
required
 
to
 
make
 
determinations.
 
===PAGE 2===
2.  Definitions  Punitive  discharges:  Dishonorable  Discharge,  Bad  Conduct  Discharge  (BCD),  and  Dismissal  
(officers)
 
imposed
 
only
 
by
 
court
‑
martial.
 
Administrative  discharges:  Honorable,  General  (Under  Honorable  Conditions),  Other  Than  
Honorable
 
(OTH),
 
and
 
Entry
‑
Level
 
(Uncharacterized).
 
DD ‑ 214  Blocks:  Key  fields:  #24  Character  of  Service;  #25  Separation  Authority;  #26  SPD  Code;  #28  
Narrative
 
Reason.
 
3.  Step ‑ by ‑ Step  Eligibility  Determination  Process  1.  Obtain  the  applicant’s  DD ‑ 214  (long  form).  
2.  Record  the  Character  of  Service  (Block  24).  
3.  Record  the  Narrative  Reason  (Block  28).  
4.  Record  the  Separation  Authority  (Block  25).  
5.  Record  the  SPD  Code  (Block  26).  
6.  Screen  for  restrictive  categories:  any  Dishonorable,  BCD,  Dismissal,  and  most  OTH  tied  to  
misconduct;
 
flag
 
for
 
verification.
 
7.  If  flagged,  verify  the  SPD  code  with  the  Service  authority  (Army  S ‑ 1/Transition;  Navy  
PSD/PERS
‑
832;
 
Air
 
Force/Space
 
Force
 
MPF;
 
Marine
 
Corps
 
IPAC;
 
Coast
 
Guard
 
SPO/PPC).
 
8.  Document  the  verification  (email  or  memo  to  file)  and  attach  to  the  case.  
9.  Apply  Board  policy  and  make  a  final  determination;  record  the  decision  and  rationale.  
4.  Documentation  &  Recordkeeping  Maintain  the  DD ‑ 214  copy,  SPD  verification  proof,  and  the  Board’s  written  decision  in  the  case  file.  
5.  Appeals  &  Exceptions  Applicants  may  request  reconsideration  with  new  documentation;  Trustees  may  refer  complex  
cases
 
for
 
legal
 
counsel
 
review.
 
===PAGE 3===
Appendices  
Appendix  A  —  Discharge  &  SPD  Overview  by  Branch  Note:  SPD  codes  are  controlled  by  DoD/Services  and  are  not  fully  published.  Public  SPD  lists  are  
provided
 
as
 
screening
 
cues
 
only.
 
Always
 
verify
 
the
 
actual
 
code
 
on
 
the
 
DD
‑
214
 
with
 
the
 
Service
 
personnel
 
office
 
before
 
making
 
a
 
determination.
 
A.1  U.S.  Army  Category Discharge  Type 
Characterization 
Narrative  Reason  (examples) 
Separation  Authority  on  DD ‑ 214  (Block  25) 
SPD  Code(s)  &  Source 
Notes 
Punitive  Bad  Conduct  /  Dishonorable  /  Dismissal  (officers)  
Punitive  Court ‑ martial  sentence  
AR  635 ‑ 200,  ch.  3  
GJB  (Court ‑ Martial)  —  Public;  verify  with  S ‑ 1/Transition  
AR  635 ‑ 5 ‑ 1  SPD  list  is  FOUO;  confirm  official  code  
Administrative—Misconduct  
Pattern  of  Misconduct  
Often  OTH  or  General  
Pattern  of  Misconduct  
AR  635 ‑ 200,  chap.  14  
BKA  —  Public;  verify  
Screening  cue  only  
Administrative—Misconduct  
Serious  Offense  Often  OTH  or  General  
Commission  of  a  Serious  Offense  
AR  635 ‑ 200,  chap.  14  
BKQ  —  Public;  verify  
Screening  cue  only  
Administrative—Misconduct  
Drug  Abuse  Often  OTH  or  General  
Drug  Abuse/Drug  Use  
AR  635 ‑ 200,  chap.  14  
BKK  —  Public;  verify  
Screening  cue  only  
Administrative—Misconduct  
Civil  Conviction  Often  OTH  or  General  
Civilian  Conviction  
AR  635 ‑ 200,  chap.  14  
BKB  —  Public;  verify  
Screening  cue  only  
A.2  U.S.  Navy  Category Discharge  Type 
Characterization 
Narrative  Reason  (examples) 
Separation  Authority  on  DD ‑ 214  (Block  25) 
SPD  Code(s)  &  Source 
Notes 
Punitive/Quasi ‑ punitive  
Separation  in  Lieu  of  Trial  by  Court ‑ Martial  (SILTBCM)  
Usually  OTH  (case ‑ dependent)  
In  lieu  of  trial  by  court ‑ martial  
MILPERSMAN  1910 ‑ 106  
SPD  per  BUPERSINST  1900.8D  —  verify  with  PSD  
Honorable  not  authorized  under  1910 ‑ 106  
Administrative—Misconduct  
Commission  of  a  Serious  Offense  
Often  OTH  or  General  
Serious  Offense  
MILPERSMAN  1910 ‑ 142  
Verify  with  PSD  Admin  board  if  OTH  contemplated  
===PAGE 4===
Administrative—Misconduct  
Drug  Abuse  Often  OTH  or  General  
Drug  Abuse/Misuse  
MILPERSMAN  1910 ‑ 146  
Verify  with  PSD  Notification  vs  Board  affects  least ‑ favorable  characterization  
Administrative—Misconduct  
Pattern  of  Misconduct  
Often  OTH  or  General  
Pattern  of  Misconduct  
MILPERSMAN  1910 ‑ 140  
Verify  with  PSD  Admin  board  if  OTH  
Administrative—Misconduct  
Civilian  Conviction  
Often  OTH  or  General  
Civilian  Conviction  
MILPERSMAN  1910 ‑ 144  
Verify  with  PSD   
Reference  Example  (not  restrictive)  
EAOS  /  Completion  of  Active  Service  
Honorable/General  
EAOS  MILPERSMAN  1910 ‑ 104  
JBK/KBK/LBK/MBK  (published  in  article)  
Published  Navy  SPD  example  
A.3  U.S.  Air  Force  /  U.S.  Space  Force  Category Discharge  Type 
Characterization 
Narrative  Reason  (examples) 
Separation  Authority  on  DD ‑ 214  (Block  25) 
SPD  Code(s)  &  Source 
Notes 
Punitive  Bad  Conduct  /  Dishonorable  /  Dismissal  (officers)  
Punitive  Court ‑ martial  sentence  
DAFI  36 ‑ 3202  (DD ‑ 214  procedures);  UCMJ  
Controlled  SPD  list  —  verify  with  MPF  
Confirm  SPD/narrative  with  MPF  
Administrative—Misconduct  
Misconduct  (various)  
Often  OTH  or  General  
Serious  Offense  /  Pattern  /  Drug  Abuse  
DAFI  36 ‑ 3211  &  DoDI  1332.14;  DAFI  36 ‑ 3202  
Controlled  SPD  list  —  verify  with  MPF  
Public  codes  are  cues  only  
A.4  U.S.  Marine  Corps  Category Discharge  Type 
Characterization 
Narrative  Reason  (examples) 
Separation  Authority  on  DD ‑ 214  (Block  25) 
SPD  Code(s)  &  Source 
Notes 
Punitive  Bad  Conduct  /  Dishonorable  /  Dismissal  (officers)  
Punitive  Court ‑ martial  sentence  
MCO  1900.16  (MARCORSEPMAN)  
SPD  tables  removed  from  public  manual  —  verify  with  IPAC  
Confirm  via  unit  IPAC/Manpower  
===PAGE 5===
Administrative—Misconduct  
Serious  Offense  /  Drug  Abuse  /  Pattern  
Often  OTH  or  General  
Serious  Offense  /  Drug  Abuse  /  Pattern  
MCO  1900.16  (MARCORSEPMAN)  
Use  public  SPD  codes  (e.g.,  BKA/BKQ/BKK)  as  cues;  verify  
 
 
A.5  U.S.  Coast  Guard  Category Discharge  Type 
Characterization 
Narrative  Reason  (examples) 
Separation  Authority  on  DD ‑ 214  (Block  25) 
SPD  Code(s)  &  Source 
Notes 
Punitive/Admin  
Court ‑ martial  /  Misconduct  (various)  
Punitive  or  OTH/General  
Court ‑ martial;  Serious  Offense;  etc.  
COMDTINST  1900.4F  (DD ‑ 214);  COMDTINST  1000.4C  (Separations)  
Aligned  to  DoD  SPD  codes  —  verify  with  SPO/PPC  
ALCOAST  027/26  confirms  alignment  update  
 
 
Appendix  B  —  SPD  Verification  Workflow  &  Contacts  1.  Confirm  DD ‑ 214  is  the  long  form;  ensure  Blocks  24–28  are  present.  
2.  If  discharge  is  Dishonorable/BCD/Dismissal  or  OTH  tied  to  misconduct,  initiate  SPD  verification.  
3.  Contact  the  appropriate  Service  office:  Army  S ‑ 1/Transition;  Navy  PSD/PERS ‑ 832;  Air  
Force/Space
 
Force
 
MPF;
 
Marine
 
Corps
 
IPAC/Manpower;
 
Coast
 
Guard
 
SPO/PPC.
 
4.  Request  written/email  confirmation  of  the  SPD  meaning  and  the  narrative  reason.  
5.  Attach  the  confirmation  to  the  case  file  and  proceed  with  determination.  
Appendix  C  —  Sample  DD ‑ 214  Reference  (Key  Blocks)  Use  this  table  to  locate  information  for  screening.  (This  is  a  simplified  reference  layout;  official  
DD
‑
214
 
formatting
 
may
 
differ.)
 
Block Field  Name What  Appears How  the  Board  Uses  It 
23  Type  of  Separation  e.g.,  Discharge/Release  Context  only  
24  Character  of  Service  Honorable  /  General  (UHC)  /  OTH  /  BCD  /  Dishonorable  /  Dismissal  
Primary  screening:  restrictive  if  Dishonorable,  BCD,  Dismissal;  OTH  flagged  
===PAGE 6===
25  Separation  Authority  Governing  reg  (e.g.,  AR  635 ‑ 200  ch.  3;  MILPERSMAN  1910 ‑ 142)  
Corroborates  reason/branch  guidance  
26  Separation  Code  (SPD)  3 ‑ letter  code  (controlled  by  Service)  
Verify  with  Service  office  if  restrictive  
27  Reentry  Code  RE ‑ code  Informational  
28  Narrative  Reason  Plain ‑ language  reason  (e.g.,  “Misconduct—Serious  Offense”)  
Secondary  screening,  aligns  with  authority  &  SPD  
29  Dates  of  Time  Lost  If  any  Informational  
 
 
Notice:  This  manual  and  appendices  are  an  overview  to  assist  the  Trustees  of  the  Lunenburg,  
Massachusetts
 
Board
 
of
 
Trust
 
Fund
 
Commissioners.
 
Final
 
eligibility
 
decisions
 
rest
 
with
 
the
 
Board’s
 
policy
 
and
 
the
 
official
 
DD
‑
214
 
on
 
file.
 
Always
 
verify
 
SPD
 
codes
 
with
 
the
 
issuing
 
Service.
 
Since  members  of  the  Board  of  Trust  Fund  Commissioners  do  not  have  access  to  the  systems  
required
 
to
 
validate
 
eligibility,
 
verification
 
of
 
DD-214
 
information
 
will
 
need
 
to
 
be
 
performed
 
by
 Michelle  Durkey,  Veteran's  Service  Agent  mdurkey@lunenburgma.gov.  DD214  long  form.     

===PAGE 7===
We  will  only  disclose  when  we  deny  the  application  without  the  specific  reasons.   Chairman  Bowen  made  a  motion  to  approve  the  Trust  Fund  disbursement  eligibility  instruction  
manual
 
for
 
Veteran’s
 
Trust
 
Funds
 
that
 
the
 
Town
 
may
 
come
 
in
 
control,
 
that
 
if
 
the
 
fund
 
does
 
not
 
specifically
 
state
 
that
 
these
 
circumstances
 
are
 
not
 
a
 
disqualifier
 
then  they  shall  be  applied  to  all  
veteran
 
trust
 
funds
 
given
 
or
 
bequeathed
 
in
 
the
 
benefit
 
of
 
the
 
town
 
and
 
its
 
residents.
  
Mr
 
Howard
 
seconded
 
the
 
motion
 
as
 
worded.
  
Motion
 
was
 
passed
 
with
 
Chairman
 
Bowen
 
voting
 
‘aye’
 
and
 
Mr
 
Howard
 
voting
 
‘aye’ 
 Chairman  Bowen  made  a  motion  to  adopt  the  policy  for  the  management  and  distribution  of  
donated
 
Trust
 
Funds,
 
written
 
by
 
the
 
board
 
of
 
Trust
 
Fund
 
Commissioners
 
with
 
the
 
exception
 
of
 
section
 
14
 
unless
 
and
 
until
 
it
 
is
 
ratified
 
at
 
annual
 
Town
 
Meeting.
  
If
 
ratified
 
at
 
Town
 
Meeting,
 
it
 
shall
 
be
 
incorporated
 
into
 
this
 
document
 
by
 
order
 
and
 
directive
 
of
 
Town
 
Meeting.
  
Mr
 
Howard
 
seconded
 
the
 
motion.
 
Vote
 
on
 
motion
 
was
 
Mr
 
Howard
 
=
 
aye,
 
Chairman
 
Bowen
 
=
 
aye.
  The  next  document  that  was  reviewed  during  the  meeting  was  the  Income  eligibility  policy  for  
Poor
 
Funds.
  
Text
 
is
 
as
 
follows.
  
Trust  Fund  Disbursement  Eligibility  Instruction  Manual
 
For  the  Trustees  of  the  Lunenburg,  Massachusetts  Board  of  Trust  Fund  Commissioners  
Table  of  Contents   
Purpose  &  Scope  This  manual  establishes  uniform  criteria  and  procedures  for  Trust  Fund  eligibility  determinations  
including
 
income,
 
residency,
 
FPL
 
application,
 
documentation,
 
and
 
appeals.
 
Definitions  %FPL :  income  divided  by  100%  FPL  monthly  
Federal  Poverty  Level :  HHS  guideline  
Gross  Monthly  Income :  income  before  taxes  
Household  Size :  all  persons  sharing  income  
Step-by-Step  Eligibility  Determination  •Finalize  decision  
===PAGE 8===
•  Check  duplication  
•  Determine  loan  terms  
•  Apply  sliding-scale  policy  
•  Calculate  %FPL  
•  Find  100%  FPL  
•  Collect  gross  income  
•  Determine  household  size  
•  Verify  United  States  Residency  (Residency  Requirement)  
•  Intake  
Documentation  &  Recordkeeping  Retain  application,  proofs,  income  docs,  FPL  worksheet,  decision,  notes  for  6  years  per  MA  law.  
Appeals  &  Exceptions  Applicant,  may  appeal  in  30  days;  board  reviews  evidence  and  issues  decision;  exceptions  for  hardship.  
1.  Commissioners’  Instructional  Process  —  Determining  Eligibility  Across  All  
Criteria
 1.  Residency  &  Identity:  Verify  Massachusetts  and  Lunenburg  and  United  States  residency  and  identity  
for
 
all
 
adult
 
household
 
members.
 
2.  Household  Size:  Confirm  all  persons  sharing  income/expenses;  document  dependents.  
3.  Income:  Capture  **gross  monthly  income**  from  all  sources  (wages,  unemployment,  Social  Security,  
child
 
support).
 
4.  Federal  Poverty  Level:  Use  **2026  HHS  FPG**  for  the  48  states  to  compute  **%FPL**;  monthly  =  
annual
 
÷
 
12.
 
(See
 
Appendices
 
B/C.)
 
5.  Assets/Resources  (if  program  requires):  Record  liquid  assets  if  relevant  to  a  specific  fund  rule.  
6.  Urgency/Use  of  Funds:  Assess  purpose  (e.g.,  housing,  utilities,  medical,  transportation)  and  whether  
other
 
benefits
 
are
 
available.
 
7.  Duplication  of  Benefits:  Ensure  Trust  funds  do  not  duplicate  aid  already  provided  for  the  same  need.  
===PAGE 9===
8.  Conflict  Check:  Commissioners  with  conflicts  must  recuse;  note  in  minutes.  
9.  Decision  &  Documentation:  Apply  the  Sliding ‑ Scale  schedule;  set  loan  terms  if  applicable;  record  
determination,
 
amount,
 
%FPL,
 
and
 
rationale.
 
Appendix  B  —  MassHealth ‑ Specific  Poverty  Percentage  Charts  (2026)   
Family  Size  
133%  Annual  
138%  Annual  
200%  Annual  
250%  Annual  
300%  Annual  
400%  Annual  
133%  Monthly  
138%  Monthly  
200%  Monthly  
250%  Monthly  
300%  Monthly  
400%  Monthly  
1  $21,227  $22,025  $31,920  $39,900  $47,880  $63,840  $1,769  $1,835  $2,660  $3,325  $3,990  $5,320  
2  $28,781  $29,863  $43,280  $54,100  $64,920  $86,560  $2,398  $2,489  $3,607  $4,508  $5,410  $7,213  
3  $36,336  $37,702  $54,640  $68,300  $81,960  $109,280  $3,028  $3,142  $4,553  $5,692  $6,830  $9,107  
4  $43,890  $45,540  $66,000  $82,500  $99,000  $132,000  $3,658  $3,795  $5,500  $6,875  $8,250  $11,000  
5  $51,444  $53,378  $77,360  $96,700  $116,040  $154,720  $4,287  $4,448  $6,447  $8,058  $9,670  $12,893  
6  $58,999  $61,217  $88,720  $110,900  $133,080  $177,440  $4,917  $5,101  $7,393  $9,242  $11,090  $14,787  
7  $66,553  $69,055  $100,080  $125,100  $150,120  $200,160  $5,546  $5,755  $8,340  $10,425  $12,510  $16,680  
8  $74,108  $76,894  $111,440  $139,300  $167,160  $222,880  $6,176  $6,408  $9,287  $11,608  $13,930  $18,573  
Each  Add  Person  
$7,554  $7,838  $11,360  $14,200  $17,040  $22,720  $629  $653  $946  $1,182  $1,419  $1,892  
 
Appendix  C  —  Fillable  Worksheet  for  %FPL  and  Award  Determination  Applicant  Name:   
Address  &  Municipality:   
Phone  /  Email:   
Household  Size:   
Gross  Monthly  Income  (total):   
100%  FPL  (Monthly)  for  household  size  (see  Appendix  B):  
 
%FPL  =  Gross  Income  ÷  100%  FPL:   
Sliding ‑ Scale  Tier  (see  Section  4):   
===PAGE 10===
Award  Type  &  Amount  (Grant/Loan  split):   
Commissioner  Notes  /  Conditions:   
Appendix  D  —  Applicant  Instructions  (Detailed  Guidance)  Applicants  must  follow  all  instructions  carefully  before  submitting  their  packet.  
Attach  required  proof  of  ID,  residency,  and  income.  
Incomplete  applications  may  delay  processing.  
1.  Complete  all  sections.  
2.  Attach  MA  town  and  United  States  residency  proof.  
3.  Provide  last  30  days  income.  
4.  Provide  documentation  of  need.  
5.  Sign  and  date  the  certification.  
Appendix  E  —  Applicant  Packet  (Form  +  Instructions)  **Instructions  for  Applicants**  (attach  proof):  
1)  Complete  all  fields.  
2)  Attach  ID  and  residency  proof.  
3)  Attach  last  30  days  of  income  proof.  
4)  State  purpose  and  amount.  
5)  Sign  and  date.  
6)  Submit  to  Board  Clerk.  
Applicant  Full  Name   
Address  (Street,  City/Town,  ZIP)   
Phone  /  Email   
Household  Members  (list  names,  DOB,  relationship)  
 
Employer  /  Income  Sources   
===PAGE 11===
Gross  Monthly  Income  (total)   
Purpose  of  Request  (describe  need)   
Amount  Requested   
Other  Assistance  Received/Applied  For  (program  &  amount)  
 
Preferred  Disbursement  (vendor/landlord  pay,  etc.)  
 
Applicant  Signature  /  Date   
Intake  Reviewer  (Board/Clerk)  /  Date   
 Mr  Howard  requested  that  we  add  Citizenship/Residency  to  the  requirements.   Verify  US  legal  
residency.
  A  Motion  was  put  forth  by  Chairman  Bowen  to   adopt  the  trust  fund  disbursement  eligibility  
instruction
 
manual
 
based
 
on
 
income
 
for
 
any
 
fund
 
for
 
which
 
the
 
town
 
holds
 
of
 
which
 
income
 
is
 
the
 
basis
 
for
 
the
 
trust
 
fund
 
to
 
utilize
 
this
 
particular
 
format
 
for
 
determining
 
eligibility.
 
Motion
 
was
 
second
 
by
 
Mr
 
Howard.
 
Mr
 
Howard
 
vote =  aye,  Chairman  Bowen  =aye.   Chairman  Bower  reviewed  the  warrant  article  for  the  appropriation  of  funds  for  cy  pres  filings.  The  text  of  the  proposed  article  is  as  follows:   
Town  of  Lunenburg,  Massachusetts  
Annual
 
Town
 
Meeting
 
–
 
May
 
2,
 
2026
 
Warrant
 
Article
 
 
 
ARTICLE  __:  APPROPRIATION  FOR  LEGAL  EXPENSES  RELATED  TO  TRUST  FUND  
CY
 
PRES
 
PROCEEDINGS
 
 
To
 
see
 
if
 
the
 
Town
 
will
 
vote
 
to
 
appropriate
 
the
 
sum
 
of
 
Fourteen
 
Thousand
 
Two
 
Hundred
 
Fifty
‑
Two
 
Dollars
 
and
 
Thirty
‑
Nine
 
Cents
 
($14,252.39)
 
from
 
the
 
General
 
Fund
 
for
 
the
 
payment
 
of
 
legal
 
expenses,
 
as
 
advised
 
by
 
Town
 
Counsel,
 
necessary
 
for
 
the
 
research,
 
analysis,
 
legal
 
drafting,
 
and
 
filing
 
of
 
cy
 
pres
 
petitions
 
in
 
the
 
Massachusetts
 
Probate
 
and
 
Family
 
Court,
 
Worcester
 
Division,
 
for
 
the
 
purpose
 
of
 
correcting
 
and
 
updating
 
the
 
terms
 
of
 
certain
 
trust
 
funds
 
so
 
that
 
they
 
may
 
lawfully
 
and
 
effectively
 
serve
 
their
 
intended
 
charitable
 
purposes,
 
including
 
but
 
not
 
limited
 
to:
 
 
===PAGE 12===
1.  The  American  Legion  Poor  Trust  Fund  (Ledger  Name:  American  Legion  Poor)  and  the  
Post
 
283
 
American
 
Legion
 
Trust
 
Fund
 
(Ledger
 
Name:
 
Lunenburg
 
Post
 
#283),
 
which
 
presently
 
restrict
 
use
 
of
 
funds
 
to
 
members
 
of
 
American
 
Legion
 
Post
 
#283,
 
an
 
organization
 
that
 
is
 
no
 
longer
 
an
 
active
 
or
 
recognized
 
National
 
or
 
State
 
post
 
of
 
the
 
American
 
Legion,
 
thereby
 
preventing
 
the
 
funds
 
from
 
being
 
used
 
for
 
the
 
benefit
 
of
 
Lunenburg
 
resident
 
veterans;
 
and
 
 
2.
 
The
 
Worthy
 
Poor
 
Fund
 
(Ledger
 
Name:
 
Worthy
 
Poor
 
Income),
 
whose
 
existing
 
terms
 
require
 
modification
 
to
 
conform
 
with
 
the
 
modern
 
structure
 
of
 
public
 
assistance,
 
as
 
the
 
responsibility
 
for
 
the
 
care
 
of
 
the
 
poor
 
is
 
no
 
longer
 
a
 
municipal
 
function
 
and
 
was
 
assumed
 
by
 
the
 
Commonwealth
 
of
 
Massachusetts
 
in
 
the
 
early
 
twentieth
 
century
 
under
 
statewide
 
public
 
welfare
 
laws;
 
 
said
 
appropriation
 
being
 
for
 
the
 
purpose
 
of
 
restoring
 
lawful,
 
practical,
 
and
 
charitable
 
use
 
of
 
these
 
trust
 
funds
 
through
 
judicial
 
approval
 
consistent
 
with
 
donor
 
intent,
 
or
 
take
 
any
 
other
 
action
 
relative
 
thereto.
 
 
Submitted
 
by:
 
Board
 
of
 
Commissioners
 
of
 
Trust
 
Funds
 
Prepared:
 
January
 
29,
 
2026
 
 Chairman  Bowen  read  the  text  on  the  proposed  warrant  article  that  addresses  the  distribution  of  
Trust
 
Funds
 
in
 
the
 
absence
 
of
 
a
 
quorum.
  
This
 
will
 
be
 
presented
 
to
 
the
 
Bylaw
 
review
 
committee.
  
Town  of  Lunenburg,  Massachusetts  
Annual
 
Town
 
Meeting
 
–
 
May
 
2,
 
2026
 
Warrant
 
Article
 
 
 
ARTICLE  __:  DISTRIBUTION  OF  TRUST  FUNDS  IN  THE  ABSENCE  OF  A  QUORUM  
 
To
 
see
 
if
 
the
 
Town
 
will
 
vote
 
to
 
amend
 
the
 
General
 
Bylaws
 
of
 
the
 
Town
 
of
 
Lunenburg
 
by
 
adding
 
a
 
new
 
section
 
to
 
Chapter
 
12,
 
Boards,
 
Commissions
 
and
 
Committees,
 
designated
 
as
 
§
 
12-9,
 
entitled
 
‘Distribution
 
of
 
Trust
 
Funds
 
in
 
the
 
Absence
 
of
 
a
 
Quorum,’
 
to
 
authorize
 
the
 
Select
 
Board,
 
on
 
a
 
limited
 
and
 
conditional
 
basis,
 
to
 
approve
 
distributions
 
from
 
trust
 
funds
 
only
 
when
 
the
 
Board
 
of
 
Commissioners
 
of
 
Trust
 
Funds
 
lacks
 
a
 
lawful
 
quorum,
 
and
 
further
 
to
 
establish
 
specific
 
voting
 
requirements
 
and
 
safeguards
 
applicable
 
to
 
such
 
action,
 
including:
 
(i)
 
a
 
unanimous
 
vote
 
of
 
all
 
five
 
Select
 
Board
 
members
 
when
 
only
 
one
 
elected
 
member
 
of
 
the
 
Board
 
of
 
Commissioners
 
of
 
Trust
 
Funds
 
remains
 
in
 
office;
 
(ii)
 
in
 
the
 
event
 
of
 
an
 
emergency
 
where
 
unanimity
 
is
 
not
 
possible,
 
the
 
temporary
 
inclusion
 
of
 
that
 
sole
 
elected
 
member
 
of
 
the
 
===PAGE 13===
Board  of  Commissioners  of  Trust  Funds  as  a  voting  participant,  with  approval  by  a  majority  
of
 
the
 
Select
 
Board
 
members
 
present;
 
and
 
(iii)
 
conflict-of-interest
 
and
 
emergency
 
fallback
 
procedures,
 
including
 
reliance
 
on
 
the
 
Rule
 
of
 
Necessity
 
when
 
legally
 
required;
 
all
 
subject
 
to
 
strict
 
compliance
 
with
 
donor
 
intent,
 
the
 
governing
 
trust
 
instruments,
 
existing
 
policies
 
of
 
the
 
Board
 
of
 
Commissioners
 
of
 
Trust
 
Funds,
 
and
 
all
 
applicable
 
laws,
 
or
 
take
 
any
 
other
 
action
 
relative
 
thereto.
 
Submitted  by:  
Board
 
of
 
Commissioners
 
of
 
Trust
 
Funds
 
  Discussed  the  document  on  the  process  for  disbursement.   Mr  Howard  felt  this  is  an  important  
provision
 
to
 
put
 
in
 
place
 
as
 
a
 
safeguard
 
to
 
ensure
 
continuity.
   Chairman  Bowen  met  with  Myleen  and  went  through  records.    Will  plan  to  review  and  approve  past  meeting  minutes  at  the  next  meeting.   Chairman  Bowen  again  discussed  the  vacancy  on  the  Trust  Fund  Commission,  urging  viewers  
to
 
join
 
if
 
they
 
have
 
the
 
expertise
 
to
 
contribute.
  Goals  -  no  update  on  interns  or  real  estate  investigations.   No  beneficiary  comments.   The  next  scheduled  meeting  is  for  2/26/26.   No  comments  from  members  of  the  Trust  Fund  Commissioners   Mr  Howard  put  forth  a  motion  to  adjourn  the  meeting  at  6:35pm,   Chairman  Bowen  seconded  
the
 
motion.
  
The
 
Motion
 
was
 
passed
 
unanimously.

========================================================================================
DOCUMENT : 2026-03-12-agenda-7707.txt
BOARD    : trust-fund-commission
DATE     : 2026-03-12
KIND     : agenda
OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/trust-fund-commission/2026-03-12-agenda-7707.txt
TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_03122026-7707
========================================================================================

===PAGE 1===
** Per Policy, Public comment will be decided at the discretion of the Chair - please Note that Public comment 
is not required by law and may at times not be permitted for any reason. 
 
BOARD OF TRUST FUND COMMISSIONERS 
Thursday March 12, 2026  
5:00 PM 
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 Facebook Live on the Public Access Facebook page 
(https://www.facebook.com/Lunenburg-Public-Access-Cable-157427270975305/) and will be uploaded to the Lunenburg Access 
YouTube after the meeting.  Additionally, please be advised that the Town of Lunenburg utilizes the Zoom platform as host for its 
hybrid and remote meetings; that the Zoom platform utilizes AI technology, known as "AI Companion," to create audio transcriptions 
of meetings to aid in the subsequent preparation of meeting minutes; and that AI Companion is activated immediately upon launching 
the Zoom application.  You are hereby notified that this AI technology may capture audio prior to the start of the meeting and/or 
following the conclusion of 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/7663167607 or 
from a telephone, dial the toll free number (888) 475-4499 and enter Webinar ID: 766 316 7607 # If you have not registered with 
Zoom you will be asked for your name and 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. Votes may be taken as a 
result of these discussions. Not all the items listed may in fact be discussed and other items not listed may a lso be brought up for discussion to 
the extent permitted by Open Meeting Law.  
 5:00 PM CALL TO ORDER  
I. OPEN•PLEDGE OF ALLEGIANCE 
II. PUBLIC COMMENT***  
COMMISSION • PUBLIC  
III. ANNOUNCEMENTS AND 
COMMUNICATIONS FROM 
TRUST REPRESENTATIVES 
IV. SCHEDULED MEETINGS 
(every 2nd and 4th Thursday) 
V. TREASURER AND FINANCE 
 DIRECTOR REPORTS  
None 
VI. NEW BUSINESS 
1. Select board presentation and 
Follow up on warrant article and By 
Law submissions for finance 
committee presentation March 12, 
2025 
2. Amend eligibility criteria for 2 
legion funds to align with American 
Legion Eligibility requirements in 
Written Operating policy 
(verification) 
3. Overview of new research of funds 
documentation and PC-15 form 
filing (discussion) 
4. Meeting Minutes Ratification 
VII. OLD BUSINESS 
1. Updates to website posting of 
Application and manual For Funds 
2. Vacancy 
3. Goals of the Commission 
4. Update on interns (ongoing) 
5. Real estate investigations (ongoing) 
6. Review rewritten risk management 
policy ratify with corrections 
7. Rewrite trusts with AG office of 
Public Charity PC-15 Form (on hold 
ATM) 
VIII. BENEFICIARY/COMMENT 
IX. UPCOMING MEETING/EVENTS  
1. March 26, 2026 
X. PUBLIC COMMENT**  
PUBLIC•TREASURER/FINANCE 
DIRECTOR • COMMISSION 
XI. ADJOURN

========================================================================================
DOCUMENT : 2026-03-12-minutes-7707.txt
BOARD    : trust-fund-commission
DATE     : 2026-03-12
KIND     : minutes
OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/trust-fund-commission/2026-03-12-minutes-7707.txt
TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_03122026-7707
========================================================================================

===PAGE 1===
Lunenburg  Trust  Fund  Commission  
Bilotta  Meeting  Room/PACC  
Lunenburg  Town  Hall  
March  12,  2026  
 
The  meeting  was  called  to  order  at  5:01  pm  by  Chairman  Bowen.  Present  were  Mr  Howard  and  
Chairman
 
Bowen.
  Members  recited  the  Pledge  of  Allegiance.  Chairman  Bowen  proceeded  to  read  the  posted  
Agenda
 
and
 
open
 
meeting
 
law
 
provisions.
  No  public  present,  no  Zoom  participants.  No  public  comment  from  Chairman  Bowen  nor  Mr  
Howard.
  No  Trust  representatives  present   No  Treasurer  or  Finance  Director  reports.   The  last  report  on  fund  performance  was  in  December  2025  from  our  Private  Trust  Company.  
Increase
 
of
 
approx
 
$3,000
 
in
 
value
 
on
 
approx
 
$87,000
 
of
 
invested
 
funds.
  The  presentation  made  to  the  Board  of  Selectmen  can  be  viewed  on  the  LunenburgAccess  
YouTube
 
or
 
Facebook
 
pages.
  
Issue
 
raised
 
for
 
cy
 
pres
 
investigation.
  
Unless
 
the
 
donor
 
gave
 
provision
 
on
 
the
 
management
 
of
 
the
 
fund,
 
the
 
responsibility
 
lies
 
with
 
the
 
Town.
 
  Chairman  Bowen  is  scheduled  to  make  a  presentation  to  the  Finance  Committee  at  7pm  to  
advise
 
them
 
of
 
the
 
need
 
to
 
make
 
this
 
expenditure.
  Chairman  Bowen  recited  some  components  of   the  warrant  article.   He  is  requesting  40  hours  of  
professional
 
legal
 
investigation.
  
Most
 
handled
 
under
 
the
 
retainer
 
except
 
the
 
investigation
 
piece.
  
As
 
trustees
 
of
 
these
 
funds
 
we
 
have
 
a
 
duty
 
to
 
keep
 
accurate
 
records,
 
ensure
 
lawful
 
administration
 
and
 
act
 
prudently
 
-
 
which
 
includes
 
the
 
delegation
 
of
 
special
 
requirements
 
to
 
qualified
 
experts
 
.
  
Chairman
 
Bowen
 
stressed
 
the
 
need
 
for
 
a
 
qualified
 
opinion,
 
and
 
the
 
Trust
 
Fund
 
Commission
 
is
 
charted
 
to
 
make
 
sure
 
rules
 
are
 
being
 
followed.
  Chairman  Bowen  expressed  concern  over  a  lack  of  response  from  the  School  on  scholarship  
funds,
 
questions
 
raised
 
in
 
October
 
2025
 
have
 
still
 
not
 
been
 
addressed.
  Chairman  Bowen  stated  his  concern  regarding  the  Susan  Howard  Poor  Fund  which  appears  to  
be
 
missing,
 
last
 
noted
 
in
 
1977.
  
We
 
have
 
more
 
established
 
funds
 
than
 
we
 
have
 
declarations,
 
so
 
housekeeping
 
is
 
necessary
 
which
 
will
 
require
 
funds
 
for
 
investigations.
 
===PAGE 2===
 Bylaw  presented  on  the  Select  Board  participating  in  the  Trust  Fund  Commission  on  a  
temporary/as
 
needed
 
basis.
  
The
 
Policy
 
defined
 
as
 
the
 
administration
 
of
 
Trust
 
Funds
 
in
 
the
 
absence
 
of
 
a
 
quorum.
  
Chairman
 
Bowen
 
requested
 
people
 
support
 
this
 
bylaw
 
at
 
the
 
annual
 
Town
 
Meeting.
  
Please
 
vote
 
Yes
 
on
 
both
 
matters.
  Mr  Howard  made  a  motion  that  we  approve  the  Lunenburg  Board  of  Trust  Fund  Commissioners  
policy
 
and
 
verification
 
of
 
US
 
citizenship
 
and
 
municipal
 
residency.
  
Chairman
 
Bowen
 
seconded
 
the
 
motion.
  
The
 
vote
 
was
 
Mr
 
Howard
 
=
 
‘aye’,
 
Chairman
 
Bowen=
 
‘aye’.
  
The
 
motion
 
passed
 
unanimously.  Reviewed  AmLegion  constitution  for  eligibility  and  discussed  the  complexities  and  cumbersome  
nature
 
of
 
enforcement.
  There  was  much  discussion  on  the  determination  of  whether  members  of  the  Trust  Fund  
Commissioners,
 
Town
 
Manager
 
and
 
Board
 
of
 
Selectmen
 
have
 
the
 
requisite
 
level
 
of
 
expertise
 
to
 
make
 
determinations
 
on
 
cy
 
pres
 
filings
 
that
 
may
 
be
 
needed.
  
Mr
 
Howard
 
made
 
a
 
motion
 
of
 
no
 
confidence
 
that
 
the
 
trust
 
fund
 
commission
 
or
 
the
 
select
 
board
 
has
 
any
 
ability
 
to
 
make
 
a
 
determination
 
of
 
any
 
matters
 
with
 
regard
 
to
 
the
 
trust
 
funds
 
without
 
proper
 
professional
 
investigation.
 
The
 
motion
 
was
 
seconded
 
by
 
Chairman
 
Bowen.
  
The
 
vote
 
on
 
the
 
motion
 
was
 
Mr
 
Howard
 
=
 
‘aye’,
 
Chairman
 
Bowen
 
=
 
‘aye’.
  
Post
 
meeting,
 
Chairman
 
Bowen
 
provided
 
a
 
more
 
descriptive
 
narrative
 
of
 
our
 
vote
 
on
 
this
 
issue
  The  Board  voted  no  confidence  as  a  formal  board  action,  finding  that  systemic  
governance
 
failures
 
prevent
 
the
 
Board
 
of
 
Commissioners
 
of
 
Trust
 
Funds
 
from
 
discharging
 
its
 
fiduciary
 
duties
 
under
 
MGL
 
c.
 
41
 
§45.
 
The
 
Board
 
determined
 
that
 
required
 
legal
 
actions
 
necessary
 
to
 
investigate,
 
correct,
 
and
 
seek
 
cy
 
pres
 
relief
 
for
 
trusts
 
held
 
under
 
the
 
Board’s
 
custody
 
and
 
management
 
are
 
dependent
 
upon
 
authorization
 
and
 
funding
 
controlled
 
by
 
the
 
Town
 
Manager
 
and
 
Select
 
Board.
 
Acting
 
on
 
advice
 
of
 
counsel,
 
the
 
Town
 
Manager
 
and
 
Select
 
Board
 
have
 
declined
 
to
 
initiate
 
or
 
fund
 
such
 
investigations
 
or
 
to
 
pursue
 
required
 
filings
 
with
 
the
 
courts
 
or
 
the
 
Attorney
 
General,
 
citing
 
the
 
insufficiency
 
of
 
trust
 
fund
 
assets
 
and
 
declining
 
to
 
authorize
 
municipal
 
funding
 
for
 
those
 
purposes.
 
The
 
Board
 
found
 
that,
 
absent
 
such
 
authorization
 
and
 
resources,
 
it
 
lacks
 
the
 
practical
 
ability
 
to
 
carry
 
out
 
its
 
statutory
 
obligations
 
to
 
protect,
 
administer,
 
and
 
enforce
 
the
 
charitable
 
purposes
 
of
 
the
 
trusts,
 
resulting
 
in
 
an
 
ongoing
 
inability
 
to
 
fulfill
 
its
 
fiduciary
 
responsibilities.
  Business  for  the  next  meeting  will  include  approving  meeting  minutes.   March  26  is  the  next  meeting  starting  at  5pm.    No  public  present  or  on  Zoom.   No  additional  public  comment  from  members  of  the  Board  of  
Trust
 
Fund
 
Commissioners.
  
===PAGE 3===
Mr  Howard  made  a  motion  to  adjourn  at  6:33pm,  Chairman  Bowen  seconded  the  motion.   The   
motion
 
passed
 
unanimously.
  <end>

========================================================================================
DOCUMENT : 2026-03-26-agenda-7740.txt
BOARD    : trust-fund-commission
DATE     : 2026-03-26
KIND     : agenda
OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/trust-fund-commission/2026-03-26-agenda-7740.txt
TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_03262026-7740
========================================================================================

===PAGE 1===
** Per Policy, Public comment will be decided at the discretion of the Chair - please Note that Public comment 
is not required by law and may at times not be permitted for any reason. 
 
BOARD OF TRUST FUND COMMISSIONERS 
Thursday March 26, 2026  
5:00 PM 
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 Facebook Live on the Public Access Facebook page 
(https://www.facebook.com/Lunenburg-Public-Access-Cable-157427270975305/) and will be uploaded to the Lunenburg Access 
YouTube after the meeting.  Additionally, please be advised that the Town of Lunenburg utilizes the Zoom platform as host for its 
hybrid and remote meetings; that the Zoom platform utilizes AI technology, known as "AI Companion," to create audio transcriptions 
of meetings to aid in the subsequent preparation of meeting minutes; and that AI Companion is activated immediately upon launching 
the Zoom application.  You are hereby notified that this AI technology may capture audio prior to the start of the meeting and/or 
following the conclusion of 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/7927370353 
 or from a telephone, dial the toll free number (888) 475-4499 and enter Webinar ID: 792 737 0353 # If you have not registered with 
Zoom you will be asked for your name and 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. Votes may be taken as a 
result of these discussions. Not all the items listed may in fact be discussed and other items not listed may a lso be brought up for discussion to 
the extent permitted by Open Meeting Law.  
 5:00 PM CALL TO ORDER  
I. OPEN•PLEDGE OF ALLEGIANCE 
II. PUBLIC COMMENT***  
COMMISSION • PUBLIC  
III. ANNOUNCEMENTS AND 
COMMUNICATIONS FROM 
TRUST REPRESENTATIVES 
IV. SCHEDULED MEETINGS 
(every 2nd and 4th Thursday) 
V. TREASURER AND FINANCE 
 DIRECTOR REPORTS  
None 
VI. NEW BUSINESS 
1. Notice of Breach Letter to town 
manager and selectboard for town 
failure to meet their legal 
obligations that triggers specific 
rights, duties, or consequences for 
the commission. 
2. Amend eligibility criteria for 2 
legion funds to align with American 
Legion Eligibility requirements per 
constitution in Written Operating 
policy (verification) 
3. Update on Overview of new 
research of funds documentation 
and PC-15 form filing (discussion) 
4. Meeting Minutes Ratification 
VII. OLD BUSINESS 
1. Updates to website posting of 
Application and manual For Funds 
2. Vacancy 
3. Goals of the Commission 
4. Update on interns (ongoing) 
5. Real estate investigations (ongoing) 
6. Review rewritten risk management 
policy ratify with corrections 
VIII. BENEFICIARY/COMMENT 
IX. UPCOMING MEETING/EVENTS  
1. April 9, 2026 
X. PUBLIC COMMENT**  
PUBLIC•TREASURER/FINANCE 
DIRECTOR • COMMISSION 
XI. ADJOURN

========================================================================================
DOCUMENT : 2026-03-26-minutes-7740.txt
BOARD    : trust-fund-commission
DATE     : 2026-03-26
KIND     : minutes
OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/trust-fund-commission/2026-03-26-minutes-7740.txt
TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_03262026-7740
========================================================================================

===PAGE 1===
 Lunenburg  Trust  Fund  Commission 
 Bilotta  Meeting  Room/PACC 
 Lunenburg  Town  Hall 
 March  26,  2026 
 The  meeting  was  called  to  order  at  5:01  pm  by  Chairman  Bowen.  Present  were  Mr 
 Howard  and  Chairman  Bowen.  Members  recited  the  Pledge  of  Allegiance.  Chairman 
 Bowen  proceeded  to  read  the  posted  Agenda  and  open  meeting  law  provisions. 
 Public  comment.  Chairman  Bowen  advised  the  public  that  it  was  the  last  day  to  get 
 papers  in  for  the  ballot  and  encouraged  participation,  in  his  opinion  we  have  a  very  low 
 rate  for  the  number  of  residents.  The  Chairman  admonished  the  public  for  showing  up 
 just  to  vote  on  one  issue.  This  year  we  have  the  override  being  voted  on.  Chairman 
 Bowen  advocated  increasing  the  rate  by  $1.66/1,000  increase  which  he  felt  was 
 necessary,  now  it  is  $1.89/1,000  due  to  inaction.  Chairman  Bowen  stated  his  position 
 on  the  override  and  is  voting  no. 
 Chairman  Bowen  made  a  request  that  people  should  consider  making  a  Trust  as  part  of 
 their  estate  planning,  and  he  promised  to  ensure  their  legacy  is  preserved  as  long  as  he 
 is  on  the  Trust  Fund  Commission. 
 Chairman  Bowen  reminded  the  public  that  our  regular  meetings  are  scheduled  to  be 
 held  the  2nd  and  4th  Thursday  of  the  month. 
 There  are  no  Treasurer  or  Finance  Director  reports. 
 New  Business 
 Chairman  Bowen  brought  up  his  prior  meeting  with  School  Committee  Chair  and  School 
 Superintendent  Fortuna  about  the  scholarships  held  and  their  use  of  the  Town’s  EIN 
 number  and  has  not  received  the  information  requested  in  October  2025. 
 Notice  of  Breach  Letter  drafted 
 Chairman  Bowen  then  discussed  a  Breach  Letter  that  he  prepared.  This  notice  of 
 breach  letter  will  be  presented  to  the  Town  Manager  and  Select  Board  for  the  Town's  failure 
 to  meet  their  legal  obligation  that  triggers  specific  rights,  duties,  or  consequences  for  the 
 commission.  Chairman  Bowen  then  shared  the  Submission  Packet  for  the  Town  of 
 Lunenburg  over  Zoom  and  read  the  document. 
===PAGE 2===
 This  goes  to  the  select  board  and  to  the  town  manager.  The  date  of  this  was  March 
 23rd,  2026,  which  is  the  date  Chairman  Bowen  put  it  together.  This  formal  notice  of 
 fiduciary  breach  and  a  required  referral  to  the  attorney  general,  division  of  public 
 charities.  This  is  regarding  longstanding  municipal  failure  to  administer,  distribute,  and 
 support  legally.  The  purpose  of  this  notice  is  issued  pursuant  to  the  fiduciary  obligations 
 imposed  by  Mass  General  Laws  chapter  203E  which  is  the  Massachusetts  Uniform 
 Trust  Code,  Massachusetts  General  Law  203C,  the  Massachusetts  Prudent  Investor 
 Act,  and  Mass  General  Laws  Chapter  41section  45,  which  is  the  Board  of  Trust  Funds 
 Commission  statute.  Our  charter  reflects  the  same  language. 
 Also  inclusive  is  the  case  law  establishing  municipal  liability  for  charitable  trust 
 management  and  is  intended  to  formally  notify  the  town  of  Lunberg  that  is  presently  in 
 breach  of  its  legal  obligations  regarding  the  administration,  management  and 
 distribution  of  multiple  charitable  trust  funds  accepted  by  the  town.  These  breaches 
 have  persisted  for  more  than  50  years,  resulting  in  improper  withholding  of  charitable 
 trust  distributions,  failure  to  modernize  obsolete  donor  purposes  through  cy  pres,  and 
 failure  to  provide  administrative  support  necessary  for  the  board,  this  board,  to  legally 
 execute  its  duties. 
 Chairman  Bowen  provided  evidence  on  why  the  Town  should  be  responsible  for  the  monies 
 necessary  to  ‘modernize’  the  original  donor  declarations.  Legally,  the  town  has  a  fiduciary 
 responsibility  to  make  sure  that  this  is  managed  and  maintained.  The  money  does  not  come 
 out  of  the  uh  value  of  the  fund. 
 Feedback  received  is  that  the  cost  exceeds  the  value.  And  unfortunately,  the  answers 
 that  I've  been  getting  have  been,  "Oh,  well,  the  fund,  the  amount  of  money  that  would  be 
 involved  to  be  able  to  accomplish  the  investigation,  everything  else  will  exceed  the  fund 
 balance."  Well,  that's 
 too  bad  because  the  Supreme  Judicial  Court  in  Massachusetts  told  you  you  have  to.  This 
 money  goes  to  benefit  people  and  it  hasn't  operated  properly  in  over  50  years. 
 There  was  a  discussion  on  the  American  Legion  Post  283  eligibility  and  the  complexities 
 involved  and  interpretation  thereof. 
 Chairman  Bowen  reminded  the  public  that  as  Trustees  we  are  personally  culpable  and 
 liable,  when  you  misallocate  funds  like  what  was  done  in  2017  when  a  loan  was  given  out 
 and  never  recovered. 
 Chairman  Bowen  described  his  efforts  to  locate  paperwork  on  the  Susan  Howard  Poor 
 Fund,  no  declaration  can  be  located  and  the  funds  cannot  be  located.  This  is  a  serious 
===PAGE 3===
 breach.  It's  missing  principal,  earnings,  documentation,  and  the  law  says  that  the  attorney 
 general  must  be  notified  immediately. 
 The  notification  to  the  Attorney  General's  office  was  read. 
 Chairman  Bowen  made  a  motion  to  accept  the  Letter  to  the  Attorney  General’s  office  as 
 written  with  regard  to  the  Towns.  The  motion  was  seconded  by  Mr  Howard.  The  motion 
 was  passed  unanimously  with  Mr  Howard  voting  ‘Aye’  and  Chairman  Bowen  voting 
 ‘Aye’. 
 Chairman  Bowen  then  made  a  motion  to  submit  the  information  packet  to  be  submitted 
 to  the  Attorney  General,  the  Town  Manager  and  the  Select  Board,  to  be  submitted 
 forthwith  to  start  the  tolling  time  for  the  30  days  response  window.  The  motion  was 
 seconded  by  Mr  Howard.  The  motion  passed  unanimously  with  Mr  Howard  voting  ‘aye’ 
 and  Chairman  Bowen  voting  ‘aye’. 
 Chairman  Bowen  put  forth  a  motion  to  accept  the  signature  page  as  written,  Mr  Howard 
 seconded  the  motion.  The  members  signed  a  signature  page  for  the  information  packet 
 to  be  sent  to  the  Town. 
 Chairman  Bowen  created  a  blank  signature  form.  Chairman  Bowen  made  a  motion  to 
 approve  the  standard  blank  signature  form.  Motion  passes  unanimously  with  Mr 
 Howard  voting  ‘aye’  and  Chairman  Bowen  voting  ‘aye’. 
 Chairman  Bowen  read  some  communication  with  and  from  the  Division  of  Local 
 Services,  the  advice  was  to  contact  the  Attorney  General’s  office. 
 Chairman  Bowen  asked  for  a  motion  to  align  the  American  Legion  283  and  American 
 Legion  Poor  fund  eligibility  requirement  to  align  with  the  American  Legion  constitution 
 within  their  written  operating  policy  Motion  seconded  by  Mr  Howard.  The  vote  was 
 unanimous  with  Mr  Howard  voting  ‘aye’  and  Chairman  Bowen  voting  ‘aye’. 
 There  were  no  beneficiary  comments,  no  comments  from  the  public. 
 The  next  meeting  is  scheduled  for  April  9,2026. 
 There  was  a  motion  to  adjourn  the  meeting  at  6:32pm  by  Mr  Howard,  the  motion  was 
 seconded  by  Chairman  Bowen.  The  vote  was  unanimous  with  Mr  Howard  voting  ‘aye’ 
 and  Chairman  Bowen  voting  ‘aye’.

========================================================================================
DOCUMENT : 2026-04-09-agenda-7761.txt
BOARD    : trust-fund-commission
DATE     : 2026-04-09
KIND     : agenda
OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/trust-fund-commission/2026-04-09-agenda-7761.txt
TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_04092026-7761
========================================================================================

===PAGE 1===
** Per Policy, Public comment will be decided at the discretion of the Chair - please Note that Public comment 
is not required by law and may at times not be permitted for any reason. 
 
BOARD OF TRUST FUND COMMISSIONERS 
Thursday April 9, 2026  
5:00 PM 
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 Facebook Live on the Public Access Facebook page 
(https://www.facebook.com/Lunenburg-Public-Access-Cable-157427270975305/) and will be uploaded to the Lunenburg Access 
YouTube after the meeting.  Additionally, please be advised that the Town of Lunenburg utilizes the Zoom platform as host for its 
hybrid and remote meetings; that the Zoom platform utilizes AI technology, known as "AI Companion," to create audio transcriptions 
of meetings to aid in the subsequent preparation of meeting minutes; and that AI Companion is activated immediately upon launching 
the Zoom application.  You are hereby notified that this AI technology may capture audio prior to the start of the meeting and/or 
following the conclusion of 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/7663167607 
 or from a telephone, dial the toll free number (888) 475-4499 and enter Webinar ID: 766 316 7607 # If you have not registered with 
Zoom you will be asked for your name and 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. Votes may be taken as a 
result of these discussions. Not all the items listed may in fact be discussed and other items not listed may a lso be brought up for discussion to 
the extent permitted by Open Meeting Law.  
 5:00 PM CALL TO ORDER  
I. OPEN•PLEDGE OF ALLEGIANCE 
II. PUBLIC COMMENT**COMMISSION 
III. TRUST REP COMMUNICATION  
IV. MEETINGS (every 2nd and 4th Thursday) 
V. TREASURER AND FINANCE 
 DIRECTOR REPORTS  
None 
VI. NEW BUSINESS 
1. Update regarding recent 
Communication with the Attorney 
General office on the Notice of Breach 
Letter to town manager and selectboard 
for town failure to meet their legal 
obligations that triggers specific rights, 
duties, or consequences for the 
commission. 
2. Update the Breach Notice Filing with 
an Addendum to be sent to the Attorney 
General as further Notice of Breach for 
the Town of Lunenburg after the 
Selectboard inaction of March 31 
denying the inclusion of the By law 
Article and Cy Pres Article without 
consulting the commission on legal 
Trustee responsibilities MGLA 203E  
3. Communications with the school 
superintendent and letter to the school 
regarding gifts and scholarships no 
within exempted authority under 
MGLA chapter 71 
4. Meeting Minutes Ratification 
VII. OLD BUSINESS 
1. Updates to website posting of 
Application and manual For Funds 
2. Vacancy 
3. Goals of the Commission (Cunningham 
will of 1875) 
4. Update on interns (ongoing) 
5. Real estate investigations (ongoing) 
6. Review rewritten risk management 
policy ratify with corrections (finalize 
and vote) 
VIII. BENEFICIARY/COMMENT 
IX. UPCOMING MEETING/EVENTS  
1. April 9, 2026 
X. PUBLIC COMMENT**  
PUBLIC•TREASURER/FINANCE 
DIRECTOR • COMMISSION 
XI. ADJOURN

========================================================================================
DOCUMENT : 2026-04-09-minutes-7761.txt
BOARD    : trust-fund-commission
DATE     : 2026-04-09
KIND     : minutes
OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/trust-fund-commission/2026-04-09-minutes-7761.txt
TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_04092026-7761
========================================================================================

===PAGE 1===
 Lunenburg  Trust  Fund  Commission 
 Bilotta  Meeting  Room/PACC 
 Lunenburg  Town  Hall 
 April  9,  2026 
 The  meeting  was  called  to  order  at  5:01  pm  by  Chairman  Bowen.  Present  were  Mr 
 Howard  and  Chairman  Bowen. 
 Members  recited  the  Pledge  of  Allegiance.  Chairman  Bowen  proceeded  to  read  the 
 posted  Agenda  and  open  meeting  law  provisions. 
 No  public  present,  no  Zoom  participants.  Mr  Howard  took  the  opportunity  to  recognize 
 Chairman  Bowen  for  all  his  effort  to  remedy  the  deficiencies  and  other  issues  that 
 currently  exist  regarding  the  declarations,  the  processes,  and  procedures  of  the 
 Commission.  Mr  Howard  made  this  statement  to  make  the  public  aware  of  the 
 countless  hours  Chairman  Bowne  has  put  towards  remedying  the  situation.  Chairman 
 Bowen  stressed  the  importance  of  the  public  participating  on  the  many  boards  and 
 committees  that  exist  and  have  vacancies, 
 There  were  no  Trust  representatives  present  and  no  Finance  Director  or  Treasurer 
 reports. 
 Chairman  Bowen  made  a  motion  to  approve  the  meeting  minutes  from  March  12,  2026. 
 The  motion  was  seconded  by  Mr  Howard,  the  motion  was  passed  unanimously. 
 Chairman  Bowen  provided  an  update  on  the  breach  notice  delivered  to  the  Town 
 Manager,  Select  Board  and  Attorney  General’s  office  which  was  discussed  at  length 
 during  the  March  26,2026  meeting. 
 Chairman  Bowen  updated  the  public  on  our  efforts  to  have  two  warrant  articles  up  for 
 vote  during  the  May  2nd  Annual  Town  Meeting.  The  first  article  was  to  add  a  bylaw  that 
 would  allow  the  Trust  Fund  Commission  to  function  in  the  absence  of  a  quorum  and  the 
 second  was  seeking  approximately  $14,000  for  investigations  necessary  to  prepare  cy 
 pres  filings  to  modernize  some  of  the  existing  fund  declarations.  Neither  of  the  two 
 proposed  warrant  articles  were  supported  by  the  Board  of  Selectmen.  Chairman  Bowen 
 proceeded  to  document  why  the  Town  is  obligated  to  pay  for  the  management  and 
 administration  of  Trusts  that  it  accepts. 
===PAGE 2===
 Chairman  Bowen  then  discussed  the  Addendum  to  the  Formal  Breach  Notice  and 
 Referral.  The  addendum  provided  new  material  and  dispositive  facts  arising  from 
 actions  taken  by  the  Lunenburg  Select  Board,  Town  Consul  and  the  Town  Manager  at 
 the  publicly  noticed  Select  Board  meeting  held  on  March  31,  2026.  Chairman  Bowen 
 has  provided  a  copy  to  State  Senator  John  Cronin  regarding  this  matter. 
 Chairman  Bowen  put  forth  a  motion  to  submit  all  information  as  written  as  an  addendum 
 to  the  formal  breach  notice  and  submission  packet  we  send  March  26  to  26th  2026. 
 The  vote  on  the  motion  was  Mr  Howard  ‘aye’  and  Chairman  Bowen  ‘aye’.  The  motion 
 passed  unanimously. 
 Chairman  Bowen  put  forth  a  motion  to  be  able  to  accept  the  letter  to  the  office  of  the 
 Attorney  General  Public  Charities  division  with  regard  to  our  submission  or  transmittal  of 
 the  addendum  to  formal  breach  notice  affirmative  municipal  refusal  to  cure  and  further 
 obstruction  by  the  school  department.  Mr  Howard  seconded  the  motion.  The  vote  was 
 Mr  Howard  ‘aye’,  Chairman  Bowen  ‘aye’.  The  motion  passes  unanimously  and  this 
 letter  shall  be  sent  out  according  to  the  dates  that  are  on  here  which  will  be  tomorrow  by 
 mail  to  the  Attorney  General. 
 Chairman  Bowen  then  discussed  the  issue  of  Scholarships  under  control  of  the  school 
 department  and  their  lack  of  responsiveness  to  request  for  information.  The  trust  fund 
 commission  has  also  engaged  in  recent  communication  with  the  town  treasury  regarding  this 
 Chapter  71  governing  school  committees,  chapter  55,  gifts  and  trust  funds  given  to 
 municipalities  and  the  town  shadow  vest  trust  administration  oversight  responsibilities  in 
 the  trust  fund  commission.  This  review  is  required  to  distinguish  funds  that  may  properly 
 fall  within  school  committee  authority  from  those  held  in  trust  by  the  town  and  subject  to 
 trust  fund  commission  oversight.  The  trust  fund  commission  further  notes  they 
 continuously  received  repeated  statements  by  town  council  disclaiming  responsibility  for 
 matters  involving  the  school  department.  It  is  legally  understood  by  the  commission  that 
 the  town  is  the  legal  trustee.  Town  council  has  a  duty  to  act  on  behalf  of  the  town  in 
 matters  involving  trust  compliance,  fiduciary  administration,  cy  pres  review  and 
 enforcement.  The  refusal  of  town  counsel  to  do  so  combined  with  the  superintendent  in 
 action  constitutes  a  deflection  of  fiduciary  responsibility.  And  as  of  the  date  of  this  letter, 
 no  corrective  action  has  been  taken  by  the  superintendent  with  respect  to  the 
 commission's  request  concerning  scholarships,  gifts,  or  other  funds  held  under  the 
 town's  EIN  or  otherwise  any  and  all  accounts  held  by  the  school  department  and  school 
 committee.  A  7-day  notice  requesting  compliance  was  previously  issued  via  email  to  the 
 superintendent.  That  notice  period  has  now  expired  without  compliance.  This  letter 
 therefore  constitutes  a  formal  demand  for  compliance  issued  by  the  trust  fund 
 commission.  This  is  the  superintendent's  October  2025  public  statement.  At  a  public 
 meeting  in  October  2025,  Superintendent  Jodie  Fortuna  stated  that  she  intended  to 
===PAGE 3===
 consult  legal  counsel  and  then  report  back  to  the  school  committee  regarding  what 
 actions  she  would  take  so  that  the  school  committee  could  decide  how  to  proceed.  This 
 position  reflects  an  erroneous  attempt  to  deflect  responsibility.  Approval  or  permission  of 
 the  school  committee  is  not  required  for  the  trust  fund  commission  to  exercise  lawful 
 access  and  oversight  over  scholarships,  gifts,  or  trust  funds  given  to  the  town.  School 
 committee  does  not  possess  authority  to  restrict  access  to  information  concerning  such 
 funds  unless  the  school  department  affirmally  demonstrates  through  donor  declarations 
 in  applicable  law  that  the  funds  fall  exclusively  within  the  school  committee  authority 
 pursuant  to  master  laws  chapter  55  and  chapter  71  statutory  and  charter  authority.  The 
 trust  fund  commission  is  legally  required  to  review  all  scholarship  gifts  and  trust  funds 
 held  for  school  purposes  to  determine  the  proper  allocation  of  authority  under  Mass 
 General  Laws  203E.  The  continued  refusal  to  provide  information  violates  trustee 
 duties  under  general  laws  203e  inhibits  required  cy  pres  and  compliance  review. 
 prevents  the  Trust  Front  Commission  from  performing  its  statutory  and  chartered  duties 
 and  exposes  the  town  to  ongoing  fiduciary  and  legal  risk.  And  this  will  be  a  document 
 that  we  will  sign  and  send  out  if  it  is  approved  on  a  vote.  These  are  just  our  signature 
 pages  . 
 Chairman  Bowen  put  forth  a  motion  to  accept  and  send  the  letter,  as  summarized 
 above,  to  the  Town  Manager,  Select  Board,  Supt,  Fortuna  and  members  of  the 
 Lunenburg  School  Committee  in  its  entirety  as  written.  Mr  Howard  seconded  the  motion 
 with  the  correction  of  October  2024  referenced  on  page  1  of  the  document  being 
 changed  to  October  2025..  The  motion  passed  unanimously  with  Mr  Howard  voting 
 ‘aye’  and  Chairman  Bowen  voting  ‘aye’. 
 Chairman  Bowen  read  a  letter  to  be  sent  to  Senator  Cronin  requesting  his  support  in 
 addressing  the  breach  filing  via  legislative  inquiry  and  expedited  coordination  with  the 
 Attorney  General’s  office.  Mr  Howard  questioned  whether  this  communication  was 
 necessary  and  Chairman  Bowen  advised  that  it  was  not,  but  Senator  Cronin  may  be 
 able  to  champion  this  issue  once  he  is  made  aware  of  it. 
 Chairman  Bowen  put  forth  a  motion  to  send  the  letter  to  Senator  Cronin,  the  motion  was 
 seconded  by  Mr  Howard.  The  motion  passed  unanimously  with  Mr  Howard  voting  ‘aye’ 
 and  Chairman  Bowen  voting  ‘aye’. 
 The  Trust  Fund  Commission  reviewed  the  Annual  Report. 
 TOWN  OF  LUNENBURG,  MASSACHUSETTS 
 TRUST  FUND  COMMISSION  –  ANNUAL  REPORT  FOR  FISCAL  YEAR  2025 
 (Reporting  period:  July  1,  2024  –  June  30,  2025) 
===PAGE 4===
 INTRODUCTION 
 The  Lunenburg  Trust  Fund  Commission,  established  under  Massachusetts  General  Law  c.41  §45, 
 submits  this  Annual  Report  for  Fiscal  Year  2025.  This  report  is  provided  for  inclusion  in  the 
 Annual  Town  Report  pursuant  to  M.G.L.  c.40  §49. 
 OVERVIEW  OF  TRUST  FUNDS 
 The  Commission  oversees  donor‑restricted  municipal  trust  funds  in  coordination  with  the  Town 
 Treasurer.  Funds  are  generally  pooled  for  investment  to  promote  stability,  efficiency,  and 
 preservation  of  donor  intent. 
 FINANCIAL  SUMMARY  FOR  FY2025 
 All  available  FY25  financial  data  originates  from  the  Town  of  Lunenburg  Trust  Funds  quarterly 
 report  for  the  period  ending  March  31,  2025. 
 CATEGORY  ENDING  MARKET  VALUES  (3/31/2025) 
 •  Miscellaneous  Funds:  $77,003.93 
 •  GRAND  TOTAL:  $1,454,369.67 
 INTEREST  INVESTMENT  TOTALS  (NET  INCOME  FOR  FY25) 
 (Only  available  quarter  for  FY25:  quarter  ending  3/31/2025) 
 •  Miscellaneous  Funds:  $427.93 
 •  TOTAL  INTEREST  INVESTMENT  (FY25):  $427.93 
 NAMED  MISCELLANEOUS  TRUST  FUNDS  –  ENDING  VALUES  (3/31/2025) 
 •  American  Legion  Poor:  $12,489.53 
 •  J  &  M  Howard  SDWLK  /  GRDS:  $22,211.58 
 •  Worthy  Poor  Income:  $22,887.22 
 •  Gazebo  Restoration:  $10,725.46 
===PAGE 5===
 •  Lunenburg  Post  #283:  $8,690.14 
 QUARTERLY  PERFORMANCE  MATRIX  (AVAILABLE  QUARTER  ONLY) 
 Only  one  quarter  (ending  3/31/2025)  was  available  for  FY25. 
 COMMISSION  ACTIVITIES  FOR  FY25 
 No  FY25  meeting  minutes  or  activity  records  were  included  in  the  provided  files.  Therefore, 
 only  statutory  obligations  and  financial  stewardship  responsibilities  are  reported. 
 INVESTMENT  RANGE  &  PORTFOLIO  COMPOSITION  (FY25) 
 No  FY25  portfolio  holdings  document  was  included;  therefore,  investment  range  data  cannot  be 
 reported. 
 DISCLAIMER 
 This  report  includes  all  FY25  information  available  in  the  submitted  documents.  Future 
 discovery  of  additional  quarters  or  minutes  should  be  appended  as  an  addendum. 
 ACKNOWLEDGMENTS 
 The  Commission  thanks  the  Treasurer,  Accountant,  Town  Manager,  and  donors  supporting  the 
 Town’s  dedicated  trust  funds. 
 Respectfully  Submitted, 
 Lunenburg  Trust  Fund  Commission 
 (Chair  and  Vice‑Chair  as  seated  during  FY25) 
 Chairman  Bowen  then  read  a  more  detailed  document  outlining  the  Trust  Fund 
 Commission's  accomplishments  and  activities  during  the  past  yea  r. 
 Chairman  Bowen  put  forth  a  motion  to  allow  the  Chairman  of  the  Board  of  Trust  Fund 
 Commissioners  to  write  a  report  and  submit  to  the  Town  Moderator  or  other  party  that 
===PAGE 6===
 would  be  privy  to  that  information.  The  motion  was  seconded  by  Mr  Howard.  The  vote 
 was  unanimous  with  Mr  Howard  voting  ‘aye’  and  Chairman  Bowen  voting  ‘aye’. 
 Chairman  Bowen  reminded  the  public  that  our  meetings  are  usually  held  on  the  2nd  and 
 4th  Thursday  of  the  month  and  mentioned  the  vacancy  on  the  board. 
 There  were  no  comments  from  the  board  or  the  public. 
 Chairman  Bowen  made  a  motion  to  adjourn  at  6:30pm.  The  motion  was  seconded  by 
 Mr  Howard,  motion  passed  unanimously.

========================================================================================
DOCUMENT : 2026-04-23-agenda-7780.txt
BOARD    : trust-fund-commission
DATE     : 2026-04-23
KIND     : agenda
OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/trust-fund-commission/2026-04-23-agenda-7780.txt
TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_04232026-7780
========================================================================================

===PAGE 1===
** Per Policy, Public comment will be decided at the discretion of the Chair - please Note that Public comment 
is not required by law and may at times not be permitted for any reason. 
 
BOARD OF TRUST FUND COMMISSIONERS 
Thursday April 23, 2026  
5:00 PM REVISED 
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 Facebook Live on the Public Access Facebook page 
(https://www.facebook.com/Lunenburg-Public-Access-Cable-157427270975305/) and will be uploaded to the Lunenburg Access 
YouTube after the meeting.  Additionally, please be advised that the Town of Lunenburg utilizes the Zoom platform as host for its 
hybrid and remote meetings; that the Zoom platform utilizes AI technology, known as "AI Companion," to create audio transcriptions 
of meetings to aid in the subsequent preparation of meeting minutes; and that AI Companion is activated immediately upon launching 
the Zoom application.  You are hereby notified that this AI technology may capture audio prior to the start of the meeting and/or 
following the conclusion of 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/7927370353 
 or from a telephone, dial the toll-free number (888) 475-4499 and enter Webinar ID: 792 737 0353 # If you have not registered with 
Zoom you will be asked for your name and 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. Votes may be taken as a 
result of these discussions. Not all the items listed may in fact be discussed and other items not listed may a lso be brought up for discussion to 
the extent permitted by Open Meeting Law.  
 5:00 PM CALL TO ORDER  
I. OPEN•PLEDGE OF ALLEGIANCE 
II. PUBLIC COMMENT**COMMISSION 
III. TRUST REP COMMUNICATION  
IV. MEETINGS (every 2nd and 4th Thursday) 
V. TREASURER AND FINANCE 
 DIRECTOR REPORTS  
VI. NEW BUSINESS 
1. Update regarding recent 
Communication with the Town  
regarding the Attorney General office 
on the Notice of Breach Letter to town 
manager and selectboard for town 
failure to meet their legal obligations 
that triggers specific rights, duties, or 
consequences for the commission. 
2. Update delivery addendum to breach 
3. Review/Approve ATM Report. 
4.  Further discussion of the Massachusetts 
Trust code MGLA Ch. 203E and duty 
to act is an onus on the individual 
trustees 
5. Motion for continuation of Fiduciary 
oversight; delegation of Ministerial 
Administration mandatory cooperation 
preservation of assets upon loss of 
quorum 
6. Meeting Minutes Ratification 
VII. OLD BUSINESS 
1. Communications Regarding school 
department and letter to the school 
regarding gifts and scholarships no 
within exempted authority under 
MGLA chapter 71 and Chapter 55 
2. Updates to website postings 
3. Vacancy 
4. Goals of the Commission (Cunningham 
will of 1875) 
5. Update on interns (ongoing) 
6. Real estate investigations (ongoing) 
7. Review rewritten risk management 
policy ratify with corrections (finalize 
and vote) 
VIII. BENEFICIARY/COMMENT 
IX. UPCOMING MEETING/EVENTS  
1. May 7, 2026 
X. PUBLIC COMMENT**  
PUBLIC•TREASURER/FINANCE 
DIRECTOR • COMMISSION 
XI. ADJOURN