# trust-fund-commission — 7 documents, concatenated for reading and search # # This is a CONVENIENCE BUNDLE, not a source. Every document below is # published separately and byte-identically; cite the individual file, # whose path is given in each header, rather than this bundle. # Index of all boards: https://lunenburgbudgetproject.org/minutes/INDEX.txt # The town's own scanned original is linked per document. ======================================================================================== DOCUMENT : 2026-04-23-minutes-7780.txt BOARD : trust-fund-commission DATE : 2026-04-23 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/trust-fund-commission/2026-04-23-minutes-7780.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_04232026-7780 ======================================================================================== ===PAGE 1=== Lunenburg Trust Fund Commission Bilotta Meeting Room/PACC Lunenburg Town Hall April 23, 2026 The meeting was called to order at 5:04 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. There were no members of the public present on Zoom. There was a member of the public present at the meeting. Chairman Bowen discussed the upcoming Annual TownMeeting, and mentioned the upcoming FY27 Budget Presentation and Override discussion. This is the public's opportunity to ask questions and engage with Town and School leadership about this important vote. Chairman Bowen discussed the role and responsibilities of the Trust Fund Commission. Per MA GL 203e there are specifically defined duties and responsibilities, if we don’t act there is a personal liability aspect (individual duty). From Chairman Bowen’s investigations he feels that over the past 50 years, $62,000 of money has been amassed in interest that has not been dispersed to veterans, to the poor, to care for sidewalks and other things within a mile of the town. has not been given out to be able to fix or repair a gazebo which I think 25 years ago. They gave it to a selectman who used to own the house down here on the corner of Oak and Main when there was money that was put aside from what I see. But because there's missing paperwork, it's kind of hard to tell when these things have occurred. So all I'm saying is that there is an individual duty, but there is also a collective duty as commissioners. When it comes to scholarships in the school, the school for any gifts, okay, or or um uh or trusts that are given to them that follow a very very tight uh rule. That rule is chapter 55 and chapter 71 in Mass General Laws. They are not allowed to use the town's EIN number. They do not have permission to use the town's EIN number, that EIN number belongs to, in to, the care and custody of the Treasurer. Chairman Bowen’s position is that we have a duty to hand out funds, but we cannot pursue our duties due to Select Board positions and inactions. Chairman Bowen made comments in defense to the Trust Fund Commission being labeled as being adversarial with the Town Manager and Select Board. Even after breach, they declined to approve moving forward on a bylaw for action in the absence of quorum. ===PAGE 2=== There was a brief update by Chairman Bowen on the response from both the Select Board and School Department on the breach letters that were sent in March. Chairman Bowen did receive an email from the Attorney General’s office who did acknowledge receipt of the documentation and is being reviewed for further action. Agenda item 5 was a discussion on “preservation of continuity”. Chairman Bowen drafted a document that was read during the meeting, the text is below: BOARD OF COMMISSIONERS OF TRUST FUNDS COMPREHENSIVE MOTION AND STATEMENT OF FINDINGS Continuation of Fiduciary Oversight; Delegation of Ministerial, Administrative, and Individual Trustee Authority; Mandatory Executive and Town Counsel Cooperation; and Preservation of Charitable Trust Assets Upon Loss of Quorum MOTION I move that the Board of Commissioners of Trust Funds, acting pursuant to its sole management and control authority under M.G.L. c. 41, §§ 45–47, and in furtherance of its fiduciary obligations under the Massachusetts Uniform Trust Code (M.G.L. c. 203E), the Massachusetts Prudent Investor Act (M.G.L. c. 203C), applicable Attorney General regulations governing public charities, and controlling Supreme Judicial Court precedent, hereby adopts this Comprehensive Motion and Statement of Findings. This action is taken to preserve trust assets, enforce trustee obligations, ensure continuity of lawful trust administration and enforcement activity, and prevent irreparable harm in the event the Board’s membership falls below the legally required quorum under M.G.L. c. 4, § 6. I. FINDINGS AND LEGAL FRAMEWORK 1. Quorum Limitation Under Massachusetts Law The Board finds that under Massachusetts law a three-member public body requires two members to constitute a quorum. Vacancies do not alter that requirement. In the event the Board is reduced to one member, it may not deliberate, vote, or take new collective action on behalf of the Board. The loss of quorum does not invalidate prior lawful votes, does not suspend existing trustee obligations, and does not extinguish the independent fiduciary duties imposed by law on each individual trustee. 2. Trustee Status Under Massachusetts Law The Board expressly finds and declares as a matter of law that the Town of Lunenburg, by accepting charitable gifts, legacies, bequests, and restricted funds, assumed the role of trustee automatically and by operation of law. The Board of Commissioners of Trust Funds is the statutorily designated authority charged with management and control of trust funds ===PAGE 3=== pursuant to M.G.L. c. 41 § 45. The Town Manager, Select Board, and Town Treasurer, when exercising authority over trust assets, trust accounting, investment, administration, recordkeeping, or disbursement, act as fiduciaries and co-trustees with non-delegable duties. Those fiduciary obligations arise independently under M.G.L. c. 203E, M.G.L. c. 203C, the supervisory and enforcement authority of the Attorney General – Public Charities Division, and controlling Supreme Judicial Court precedent, including Woodward School for Girls, Inc. v. City of Quincy, 469 Mass. 151 (2014), and DeGiacomo v. City of Quincy, 476 Mass. 38 (2016). These fiduciary obligations cannot be declined, delayed, suspended, or avoided on the basis of quorum loss, administrative inconvenience, or executive inaction. 3. Duty of Executive Officers and Town Counsel to Cooperate With an Individual Trustee The Board further finds and declares that the Town Manager, Select Board, Town Treasurer, and Town Counsel, as officers, agents, and advisors of the municipal trustee, owe affirmative duties of cooperation to the Board and to any Commissioner acting in a lawful trustee capacity. When a Commissioner is acting as an individual trustee under M.G.L. c. 203E, including during periods in which the Board lacks a quorum, those officers must continue to cooperate fully. Such cooperation includes providing records, trust instruments, historical accounting, donor documentation, and necessary factual and administrative support. Cooperation may not be conditioned on the presence of a quorum or a collective Board vote. Refusal, delay, or obstruction of cooperation with an individual trustee interferes with lawful trust administration and constitutes an independent fiduciary failure. Town Counsel, in particular, shall continue to advise and communicate with a Commissioner acting as an individual trustee when required to meet statutory obligations. II. FINDINGS OF FACT – SYSTEMIC TRUST FAILURES 4. Longstanding Municipal Breaches Based on historical trust ledgers, Town Meeting votes, Treasurer memoranda, financial statements, trust summaries, and related municipal records, the Board finds that for more than fifty years the Town has failed to administer charitable trust funds in accordance with law. These failures include the failure to distribute trust income according to donor intent, failure to reconstruct or preserve donor declarations, failure to initiate mandatory cy pres proceedings where purposes became impossible or impracticable, unauthorized trust disbursements in the 1970s, 2005, and 2017, and refusal or failure to fund administrative and legal resources necessary for compliance. ===PAGE 4=== 5. Accumulated Undistributed Income and Representative Trust Funds The Board specifically finds that there has been a longstanding accumulation of unlawfully undistributed charitable trust income exceeding $62,518.43 as of December 31, 2025, together with additional missing or unquantified amounts, arising from multiple restricted trusts that cannot lawfully be administered under their existing terms. Representative examples, cited for illustration and not as an exhaustive list, include the American Legion Post #283 Fund; the American Legion Poor Fund; the Nathaniel Day Worthy Poor Income Fund; the J. & M. Howard Sidewalk and Grounds Fund; the Gazebo Restoration Fund; and the Susan Howard Poor Fund, which is documented historically but missing from current accounting. 6. School Scholarships and Educational Gifts The Board further finds longstanding deficiencies involving school scholarships, prizes, and educational gifts, including missing donor declarations, undefined custodial authority among municipal bodies, accumulation or distribution without documented compliance with trust law, and treatment of such funds as ordinary accounts rather than legally administered charitable trusts. These assets require investigation, reconstruction of donor intent, and corrective action under M.G.L. c. 203E and Attorney General guidance. III. BREACH NOTICES AS EXEMPLARS, NOT LIMITATIONS The Board has issued a Formal Breach Notice and 30-Day Compliance Notice, hand delivered on March 31, 2026. The Board declares that breach notices are exemplary enforcement tools and do not limit the scope of ministerial, administrative, or trustee required actions necessary to preserve the status quo, enforce trust law, and prevent waiver of rights. IV. DELEGATION OF AUTHORITY UPON LOSS OF QUORUM In the event the Board lacks a legal quorum, the remaining Commissioner is authorized to continue all ministerial and administrative actions necessary to effectuate prior lawful Board decisions, preserve trust assets, and prevent waiver of rights. The remaining Commissioner may act in an individual trustee capacity under M.G.L. c. 203E, including filing or communicating breach notices or referrals without quorum approval where legally required. Executive officers and Town Counsel shall continue to cooperate fully with such actions. EXPLICIT LIMITATIONS Nothing in this Motion authorizes approval of new trust distributions, modification of investment policies, execution of new binding contracts, initiation or settlement of litigation on behalf of the Board, filing of final cy pres petitions requiring a collective vote, or deliberation as defined by M.G.L. c. 30A § 18. SAFEGUARDS, DURATION, AND EFFECT All actions taken under this Motion shall be documented in writing. The authority granted applies only during loss of quorum, expires automatically upon restoration of a quorum, preserves all prior independent delegations, and remains subject to later Board review, ratification, modification, or rescission. PURPOSE AND EFFECT This Motion preserves fiduciary oversight, enforces charitable trust law, protects donors ===PAGE 5=== and beneficiaries, prevents waiver of statutory rights, ensures continued executive and legal cooperation, protects individual Commissioners from personal liability through clarity of authority, and establishes a durable public fiduciary record during any period of quorum loss. END OF COMPREHENSIVE MOTION AND STATEMENT OF FINDINGS A motion to approve the language as written was put forth by Mr Howard, the motion was seconded by Chairman Bowen. The motion was passed with Mr Howard voting = aye, Chairman Bowen voting =aye. The motion passed unanimously. During further discussion Chairman Bowen mentioned his concern about the missing Susan Howard poor fund trust. There was a discussion on the reports and presentation for the Annual Town Meeting, but the fund balances and the accomplishments over the past year. There was no public comment on Zoom or from the public present. Mr Howard read some comments from a constituent regarding the upcoming vote at Town Meeting on a 2 ½ override and the tiers proposed. A Motion to adjourn was put forth by Mr Howard at 6:36pm. The Motion was seconded by Chairman Bowen. The vote to adjourn was unanimous. ======================================================================================== DOCUMENT : 2026-05-07-agenda-7801.txt BOARD : trust-fund-commission DATE : 2026-05-07 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/trust-fund-commission/2026-05-07-agenda-7801.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_05072026-7801 ======================================================================================== ===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 May 7, 2026 5:00 PM REVISED AGENDA Bilotta Meeting Room, Town Hall In accordance with the requirements of the Open Meeting Law, please be advised that this meeting is being recorded and broadcast live over the Lunenburg Public Access channel, on 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/766 316 7607 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 VI. NEW BUSINESS 1. Recent Communication Response from Town Counsel regarding the Attorney General Notice of Breach for town failure to meet their legal obligations that triggers specific rights, duties, or consequences for the commission. 2. School Department Trust Funds and charitable gifts issues letter titled “Supplemental Compliance Complaint and Request for Investigative Action" Draft Letter Review. 3. Town Meeting Review 4. Meeting Minutes Ratification VII. OLD BUSINESS 1. Communications Regarding school department and letter to the school regarding gifts and scholarships not 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 21, 2026 X. PUBLIC COMMENT** PUBLIC•TREASURER/FINANCE DIRECTOR • COMMISSION XI. ADJOURN ======================================================================================== DOCUMENT : 2026-05-07-minutes-7801.txt BOARD : trust-fund-commission DATE : 2026-05-07 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/trust-fund-commission/2026-05-07-minutes-7801.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_05072026-7801 ======================================================================================== ===PAGE 1=== Lunenburg Trust Fund Commission Bilotta Meeting Room/PACC Lunenburg Town Hall May 7, 2026 The meeting was called to order at 5:04 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: none. Zoom none. Chairman Bowen made a comment that if people go to Lunenburgma.gov and to the agenda center to review the 11 page report that outlines everything the board has done and ratified and see that as a board has operated in a professional manner. The lack of cooperation from the Select Board to enable the distribution of $62,000 to underserved populations, including veterans and poor people. The Town Manager and Select Board are neglecting the Donor's wishes. Secondly, the School is in possession of scholarships that belong to the Treasurer. scholarships that belong to the care and custody of the treasurer, which they're utilizing the EIN number that belongs to the town. This is fiduciarily irresponsible of the school to continue to drag their feet on this matter. The other dragging of their feet is that I don't think that the school can provide to this commission which we have asked and they have ignored for more than six months as well as the school committee for 6 months acquiring the declarations of all trusts and gifts held within their custody for us to be able to make a determination as to whether or not under chapter 55 and chapter 71 those belong under the purview of the school committee. and they have refused to give that to us. Chairman Bowen and Mr Howard had a discussion on the irony of spending legal fees to have lawyers read and respond to our concerns rather than just take that money and fix the problem. It appears that the Town Manager and Select Board are taking actions to prevent the Trust Fund Commission from securing the funds to do the proper investigations and filings to help the public. Mr Howard made a comment that the Town’s treatment of its Trusts, its breach of duty, sends a bad message to potential donors. Why make a gift to the Town if the money at some future date won’t be distributed to those in need due to lack of management/administration of the funds? ===PAGE 2=== Mr Howard then read the response Chairman Bowen received from the Town’s Lawyer, the text is below: April 27, 2026 Via Email Only Mr. John Bowen, Chair Lunenburg Trust Fund Commission jbowen@lunenburgma.gov Re: March 27, 2026 30-Day Compliance Notice Dear Mr. Bowen: As you know, this firm is Town Counsel to the Town of Lunenburg (the “Town”). I am in receipt of various items of correspondence sent to the Town’s Select Board and hand-delivered on March 27, 2026 (56 pages in total, including attachments). This correspondence endeavors to provide a comprehensive response within 30 days as requested, although notably, neither G.L. c. 203C, G.L. c. 203E, nor G.L. c. 41, § 45 requires a response within such time. As is discussed more fully below, your correspondence effectively requests town counsel support, access to documents, and acknowledgement of receipt of your correspondence, all of which is being provided. Accordingly, there are no legal breaches to be addressed and there is no need for the Attorney General’s office to be involved other than to facilitate administrative cy pres where appropriate. However, in order to provide a complete and thorough response, I have addressed each of the matters set forth in your correspondence below. As an initial matter, your March 27, 2026 correspondence makes the following four (4) numbered requests: 1. “Authorizing administrative and legal funding requires to support compliance” 2. “Cooperating fully in the preparation and filing of mandatory cy pres petitions” 3. “Providing administrative infrastructure, historical documentation, and Town Counsel support”; and 4. “Acknowledging require of this breach notice.” As is self-evident, this correspondence acknowledges your March 27, 2026 correspondence. Similarly, with respect to accessing documents, the Town Manager’s Office has provided and will continue to provide access to all known records concerning funds within the jurisdiction of the Trust Fund Commission. Regarding administrative and legal funding to support compliance and pursue legally-required cy pres actions, this office has been made available to assist with legal inquiries and necessary cy pres (it having been determined that only the 1901 Nathaniel Day Worthy Poor fund presently requires the same) and you have had conversations with my colleague Adam Costa as part of the legal assistance being made available to the Trust Fund Commission. In furtherance of past discussions, I have prepared a cy pres petition with respect to the aforementioned Worthy Poor devise, and hereby request ===PAGE 3=== that you advise as to how best to proceed to secure the necessary vote(s) of the Trust Fund Commission to file and pursue the petition. In brief, the Town has satisfied each of the four (4) requests set forth in your March 27, 2026 correspondence. 730 Main Street, Suite 1F Millis, MA 02054 Phone 978.752-2192 www.mtclawyers.com Newburyport Office 30 Green Street Newburyport, MA 01950 _____________________ New Bedford Office 227 Union Street, Suite 606 New Bedford, MA 02740 Mr. John Bowen, Chair Lunenburg Trust Fund Commission April 27, 2026 Page 2 of 3 As stated previously, in an effort to provide a full and complete response to your March 27, 2026 correspondence, I am addressing each of the substantive matters you have raised. First, your correspondence repeatedly states, in conclusory terms, that the Town has committed alleged breaches of Massachusetts law concerning prudent investment and trust administration. Notably, claims for breach of fiduciary duty against a trustee generally take the form of (1) claims for self-dealing, (2) claims for lack of prudent investment, or (3) claims for failure to exercise sound business judgment. I have not seen any evidence of self-dealing and you do not state there is any self-dealing. While you reference the chapter of the General Laws of Massachusetts concerning prudent investment and trust administration, you do not provide examples of how you believe funds should have been more prudently invested or disbursed in accordance with sound business judgment, 1 other than a suspicion of possible improper distributions some 50 or more years ago and stating that you believe disbursements should have been made at various intervals and were not, meaning the funds in question have arguably accumulated additional interest and principal beyond that which you are suggesting they should have accumulated. Stated differently, if we assume that you are correct that the funds in question have greater value than they otherwise would have, there is a lack of monetary damages on account of any alleged breach, meaning there is a failure of an essential element of the tort of breach of fiduciary duty, and accordingly, the Town cannot be held liable for breach of fiduciary duty. With that said, your point as to trust reformation has been carefully considered, and as explained below, in the identified instance where such reformation is appropriate, I have prepared a cy pres petition for review and vote by the Trust Fund Commission. ===PAGE 4=== Second, regarding the American Legion Post #283 Fund, while it is true that “Members of Post #283” are identified as possible devisees, and that that particular language is obsolete following the dissolution of Post #283, the devise provides an alternative class of devisees that is not obsolete. As your correspondence states, “Lunenburg veterans eligible for membership in the American Legion” may also be recipients of the funds. There is a local veteran’s agent and other nearby legion posts who can assist with determining membership eligibility for potentially eligible veterans (even if this may technically be outside the scope of their statutory obligations, as you state in your letter). Accordingly, the American Legion Post #283 Fund is not obsolete and does not require cy pres at this time. Third, regarding the American Legion Poor Fund, as you point out, there is no devise. Accordingly, the fund appears to be ineligible for administrative cy pres pursuant to Supreme Judicial Court Rule 1:232 and will require significant legal resources to address. Given the amount of the fund in comparison to the resources that will be required to pursue judicial cy pres, such litigation is not authorized at this time. Fourth, with respect to the Nathaniel Day 1901 Worthy Poor Fund, as stated previously, a cy pres petition has been prepared and I now await your instruction as to when the Trust Fund Commission may review and approve the petition for filing. 1 Also of note, litigation concerning prudent trust investment and the like requires the use of accounting experts, the cost for which would very likely exceed the amount of funds here at issue. For example, in the case of The Woodward School for Girls, Inc. v. City of Quincy, 469 Mass. 151 (2014), the result was predicated upon expert testimony opining that the funds at issue had underperformed. See id., 168-69. Having participated in litigation of this magnitude prior to entering municipal practice, I can tell you that the total fees for this type of expert can well exceed $100,000 over the lifetime of a case. Accordingly, litigation over the manner in which the Town’s trust funds have been invested would greatly reduce or exhaust the funds on account of the amount of such funds and the unavoidable expert fees required in the course and conduct of such litigation. 2 See also “Question 4” on the Attorney General’s Instructions for Institutional Fund Form PC dated December 2010. Mr. John Bowen, Chair Lunenburg Trust Fund Commission April 27, 2026 Fifth¸ with respect to the J&M Howard Sidewalk/Grounds Fund, the Town Meeting Warrant and Motion from 1931 annexed as an exhibit to your correspondence demonstrate that there was a devise set forth in the Will of Luther G. Howard, presumably “to be spent on the public grounds and sidewalks within one mile of the center of town….” Notably, there are public grounds within one mile of the center of the Town, and therefore, the language of the devise is not obsolete, and accordingly, cy pres is not currently required. Sixth, with respect to the Gazebo Restoration Fund, you did not include any supporting documentation. However, I note there is a gazebo on land owned by the Town. Accordingly, the purpose of the fund is not obsolete, and therefore, cy pres is not required at this time. ===PAGE 5=== Seventh, with respect to the Susan Howard Poor Fund, the June 5, 1972 correspondence you provided from the then Town Treasurer demonstrates there may have been some questions as to recordkeeping or the propriety of disbursements in or around 1972. However, as you state, the Town is not currently in possession of any such funds. Accordingly, any legal issue existing in 1972 is now moot, as the applicable three- year statute of limitations for breach of fiduciary duty expired long ago. Moreover, there are no funds currently in the Town’s possession requiring further determination, analysis, or action in the nature of cy pres. Thank you for your anticipated attention to this matter. I look forward to hearing from you regarding the Trust Commission’s consideration of the cy pres petition regarding the Nathaniel Day 1901 Worthy Poor Fund. Please contact me directly at your earliest convenience to discuss this matter, either by telephone at 978-572- 2193, or via email at steve@mtclawyers.com. Very truly yours, Stephen J. Chaplin, Esq. During the course of reading the response, Chairman Bowen responded to several points brought up in the body of the letter, specifically the contents of the footnotes that were quite important, but never made it to the body of the response ( specifically, Woodward School for Girls, Inc. v. City of Quincy) Chairman Bowen updated the commission that the School is still not responding to our requests for information. Chairman Bowen made a motion to approve the minutes of March 26, 2026 and April 9, 2026 as written. The motion was seconded by Mr Howard. Motion passed unanimously. The next meeting will be held on May 21, 2026. There was no public comment, no additional comments from board members.. Chairman Bowen made a motion to adjourn at 6:34pm, Mr Howard seconded the motion, the motion was approved unanimously. ======================================================================================== DOCUMENT : 2026-07-21-agenda-7916.txt BOARD : trust-fund-commission DATE : 2026-07-21 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/trust-fund-commission/2026-07-21-agenda-7916.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_07212026-7916 ======================================================================================== ===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. JOINT MEETING OF THE BOARD OF TRUST FUND COMMISSIONERS AND SELECTBOARD Tuesday July 21, 2026 7:00 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: see selectboard meeting agenda or from a telephone, dial the toll free number (888) 475-4499 and enter Webinar ID: see selectbboard meeting agenda # 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. 7:00 PM CALL TO ORDER I. Interview and vote on Appointment of Richard Howard as Trust Fund Commissioner Term to End June 2027 II. Adjourn ======================================================================================== DOCUMENT : 2026-07-24-agenda-7923.txt BOARD : trust-fund-commission DATE : 2026-07-24 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/trust-fund-commission/2026-07-24-agenda-7923.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_07242026-7923 ======================================================================================== ===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 Friday July 24, 2026 5:00 PM-6:00PM Sudolnik Meeting Room, Lunenburg Public library 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/86144009272 or from a telephone, dial the toll free number (888) 475-4499 and enter Webinar ID: 86144009272 # 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 1. American Legion Post 283 Fund Devise Ernie Sund IV. MEETINGS (every 2nd and 4th Thursday) V. TREASURER AND FINANCE DIRECTOR REPORTS VI. NEW BUSINESS 1. Ernie Sund Past American Legion Commandant Post 283 Former Trust Fund Chairman Clarification of Trust Declarations for the American Legion Post 283 Fund and the American legion Poor Fund 2. Town Attorney meeting and Report regarding answer to breach Notice filed with the Attorney General 3. School Department Trust Funds and charitable gifts issues letter titled “Supplemental Compliance Complaint and Request for Investigative Action" Draft Letter Review.(follow up) 4. Meeting Minutes Ratification VII. OLD BUSINESS 1. (Status update) Attorney General Notice of Breach for town failure to meet their legal obligations that triggers specific rights, duties, or consequences for the commission. 2. (Status Update) Regarding school department and letter to the school regarding gifts and scholarships not within exempted authority under MGLA chapter 71 and Chapter 55 1. Updates to website postings 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 (finalize and vote) VIII. BENEFICIARY/COMMENT IX. UPCOMING MEETING/EVENTS 1. August 13, 2026 X. PUBLIC COMMENT** PUBLIC•TREASURER/FINANCE DIRECTOR • COMMISSION XI. ADJOURN ======================================================================================== DOCUMENT : 2026-07-24-minutes-7923.txt BOARD : trust-fund-commission DATE : 2026-07-24 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/trust-fund-commission/2026-07-24-minutes-7923.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_07242026-7923 ======================================================================================== ===PAGE 1=== Lunenburg Trust Fund Commission Sudolnik Conference Room Lunenburg Public Library July 24, 2026 Commissioners present were Mr. Richard Howard and Chairman John Bowen. The meeting was called to order at 5:03 pm by Chairman Bowen. Members recited the Pledge of Allegiance. Chairman Bowen proceeded to read the posted Agenda and open meeting law provisions. There was no Public comment either in person nor over the Zoom platform. With the recent appointment by the Selectboard of Mr. Howard to the vacancy on the Trust Fund Commission, Chairman Bowen made a motion to elect Mr. Howard as the Vice-Chairman of the Lunenburg Board of Trust Fund Commissioners. Mr. Howard seconded the motion. The result of the vote was Chairman Bowen = aye, Mr. Howard = aye. Chairman Bowen introduced a special guest, Mr. Ernie Sund, who was one of the original devisees for the American Legion 283 Fund. Mr. Sund of 13 Menorca Way Palm Coast FL lived in Lunenburg for 35-40 years and served in both the military and as a Lunenburg Selectman. Mr. Sund provided the Trust Fund Commission with a detailed history of the Post 283 fund and what the founding members intended to achieve and realize from the fund. At some point the membership realized they did not have membership to sustain a Post in Lunenburg, but wanted the funds to remain in the Town and benefit the residents. The members of the Post created a Trust Fund with the treasurer and with the Trust Fund Commission empowered to dispense said funds. The eligibility to receive a disbursement from the American Legion is determined by eligibility to join the American Legion, 3 years verified residency in Lunenburg, and only those that served during a period of conflict. Eligibility (military discharge status) can be determined by the Lunenburg Veteran Service Officer and residency can be determined by the Town Clerk. There was a bit of discussion on the amount of funds that can be disbursed annually, which at the current account balance would be equal to 75% of the interest earned. Chairman Bowen also clarified that there are provisions when the account balance exceeds $25,000 when different amounts can be disbursed. Mr Howard asked a clarifying question on previously unexpended funds, and Mr. Sund clarified that previous year unspent funds do not carry forward. ===PAGE 2=== Mr. Sund stated that the intent was to have funds also available to start a new Post in Town if people wanted. This specific item Mr Sund noted is currently not written into the declaration. Chairman Bowen advised Mr Sund that if he and other devisee wish to have that included, that should be done in coordination with the other founding members who signed the original declaration. Unfortunately, 2 of the 4 founding members of the Post have passed away. Chairman Bowen prepared a briefing on Post 283. We now have more clarity on the eligibility standard, which does not require membership in the American Legion, but applicants must meet the eligibility to join the American Legion. Chairman Bowen, along with Town Counsel, feel that a cy pres filing is not necessary for the American Legion Post 283 fund. Chairman Bowen read the attestation of the original declaration which Mr Sund signed. Chairman Bowen presented the document as signed and requested Mr. Sund read and approve it as written. Chairman Bowen put forward a motion to accept Mr. Ernie Sund’s signature on the attestation. The vote on the motion was Chairman Bowen=aye, Mr. Howard=aye, Mr. Ernie Sund=aye. Due to scheduling conflicts, the next meeting of the Trust Fund Commission will be held on Thursday, August 27,2026. There was no public comment from attendees present in person nor on the Zoom platform. Chairman Bowen made some public comment on process improvements that should be implemented on the handling of appointees. Chairman Bowen requested a motion to adjourn at 6:07pm. Motion seconded by Mr Howard, motion passed unanimously. End ======================================================================================== DOCUMENT : 2026-08-27-agenda-7982.txt BOARD : trust-fund-commission DATE : 2026-08-27 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/trust-fund-commission/2026-08-27-agenda-7982.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_08272026-7982 ======================================================================================== ===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 August 27, 2026 5:00 PM-6:30PM 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/82696128600 or from a telephone, dial the toll free number (888) 475-4499 and enter Webinar ID: 82696128600 # 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. Day Fund Cypres Filing communication 2. School Department Trust Funds and charitable gifts issues letter titled “Supplemental Compliance Complaint and Request for Investigative Action" Draft Letter Review.(follow up) 3. Meeting Minutes Ratification 4. Next Steps For the Commission public awareness, writing the declaration for American Legion Poor Fund and Howard Sidewalk Fund as from notes in public records 5. By Law Warrant Article Special Town Meeting VII. OLD BUSINESS 1. (Status update) Attorney General Notice of Breach for town failure to meet their legal obligations that triggers specific rights, duties, or consequences for the commission. 2. (Status Update) Regarding school department and letter to the school regarding gifts and scholarships not within exempted authority under MGLA chapter 71 and Chapter 55 1. Updates to website postings 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 (finalize and vote) VIII. BENEFICIARY/COMMENT IX. UPCOMING MEETING/EVENTS 1. September 9, 2026 2. X. PUBLIC COMMENT** PUBLIC•TREASURER/FINANCE DIRECTOR • COMMISSION XI. ADJOURN