It's funny because we interviewed somebody named Victoria. I just watched your presentation today. I'm all confused. Okay, I believe we are now live. Okay, it is 7 o'clock on Tuesday, September 9th, and I am calling the select board
meeting to order. Uh, please stand for the pledge of allegiance. I pledge algiance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and
justice for all. >> Okay. Our first item tonight is executive session. I move to enter into executive session pursuant to mass general law chapter 30 section 21 A2 to conduct strategy sessions in preparation for negotiations
with non-union personnel or contract negotiations with non-union personnel and this is related to the executive assistant to the town manager and select board. >> I'll second that motion. >> Okay, any further discussion and it'll
be a roll call vote. Glenn >> I. Brian >> I >> and an I for myself. We are in executive session. [Music] >> Recording stopped. Recording in progress, >> folks in the booth, we are back.
>> Are we good? >> Okay. Okay. Welcome back. We are now back in open session. Um, next item on the agenda is any announcements. I have none. >> No. >> Um, I guess mine can in the committee
reports. >> Okay. Uh, public comment. Any public comment from the board? >> Glenn? >> Yeah, I would just make the comment that I would um encourage residents to watch the most recent school committee meeting that was held on September 3rd. Um it
was a source of a lot of ongoing discussions in town, important discussions. Uh the school committee revealed that they had a approximately $582,000 surplus. So there's just a lot of pertinent information in that meeting.
>> Okay. Thank you, Brian. >> No. >> Any public comment from the public? We have no public in the room. Seeing none on Zoom. Okay. Okay. Appointments, ratifications, and resignations. We have three ratifications of town manager
appointments. Do you want to >> Sure. I'll >> I'll run through all of them. So, the first is uh Melissa Richard who will be joining us as executive assistant uh to the town manager and select board. Um Melissa is joining us from the city of
Fitchburg where she has served um as administrative assistant for community development and planning for the past two years. Um she enjoys taking on new projects and she one of her projects that she did take on in Fitsburg was uh developing welcome kits for new
residents. Uh her references spoke very highly of her noting both her customer service skills and her welcoming personality. Uh that is Melissa and I am personally thrilled that she will be joining the t team. Uh Susan Begley will
be joining us as payroll and benefits um administrator. While she does not have um any municipal experience, Susan does have over 20 years of experience in finance and off office management and has extensive payroll and benefit administration processing. Um we are
going to overlap um Miss Begley and the person who's presently in the position, Nancy Aor, for a couple weeks so that there's a good transition there. And last but certainly not least is Jane Pasco who is joining us as a
videographer. Um she also has substantial experience uh in public access. Um and has a degree from Fitchburg State in communications and media. Um she is a self-proclaimed storyteller and is looking forward to providing that storytelling expertise
through video um and pack. And those are the three folks tonight. Good. Glad to see positions getting filled. Um any questions, comments. Okay. Can we do these in the single motion or should we do um Melissa
separate? Maybe >> you can do them in a single motion just with that caveat for Melissa. >> Um anyone want to make the motion? >> I could try. >> Okay. >> So, I'll make a motion that we ratify the town manager appointment of Melissa Richard as executive assistant to the
town manager and select board pending legal review. uh as well as the ratification of the town manager's appointment of Susan Begley as payroll and benefits coordinator and ratification of the town manager's appointment of Jane Pasco as videographer.
>> Second. >> Okay. Motion and second. Any further discussion? All those in favor? I >> opposed. Okay. They are all ratified. Uh 30. Excellent.
Thank you. >> Next item is town manager report. >> I have a very brief report this evening, Madam Chair. Um but I do have two kind of critical points um that I want to raise tonight through that report. Um, first is that on September 3rd, um,
through town council, the town of Lunenberg sent notification to Ken Corporation, which was our vendor, um, who had been working on the Flatill Road project, um, terminating the agreement for cause. I do know that there is substantial interest in this, and I
think that I would like to just take a minute and read that termination notice into the record. This was drafted by town council um our our lead attorney Adam Costa and Matthew Preventure of Me Tyler Costa and was sent to Barry McCabe, president of
Kenneth Corporation. Dear Mr. McCabe, we write in further to follow up on our letter of August 13, 2025, in which we provided notice to the town of Lun of the Town of Lunberg's reservation of rights to terminate and cancel the above reference contract for failure to
proceed and KCO KFX Corporation's default on its obligations under the contract. As we noted in our previous correspondence, the time for contract completion has long since passed without an appropriate effort to provide a good faith estimate of the completion time
and adequate assurances as discussed between the town and Kipffect Corporation. Additionally, as stated previously, KC has maintained equipment on town property in a fashion that resulted in damage to the town's roadway. Kenffect's abrupt efforts to remove that equipment along with its
inadequate effort to reopen the roadway, including but not not limited to the placement of insufficient coverage, covering of signage in the area, and failure to communicate its efforts have caused the town to determine that it will exercise its rights under sections 9 and 11 of the agreement and section 16
of the supplemental C of the agreement to terminate the agreement for cause due to Ken Corporation's breaches of the agreement. I do want to say publicly that since um Kenneck first had asked for an extension in the spring due to the what they said
were unanticipated water levels um the town initially worked very hard to get them to adjust their um water plan um so that they could perform initially. Um and then since that time when when that
was not coming together, we worked really hard uh to try to get Ken effect to come in and perform under this contract. Um some folks are going to be critical of that decision of working with them. Uh the reality is is that this project was bid a long time ago. Um
this is a mass uh Department of Transportation pre-qualified contractor which we would need to select for a job like this. um and they were the lowest bidder by several hundred,000. Um and the notice to proceed was issued
to them substantially long ago. Um so what that means in reality is that if we are to rebid this project, it's likely to be most likely it's likely to be substantially higher, which is why we were trying to really hold the four
corners of this agreement together. And also because in rebidding it um it's not like somebody can just walk in tomorrow and take over. They will have to get their own design team to design and construct whatever is going to be
constructed for the culvert um and all that. So there's a substantial delay. Um nonetheless um we have decided to terminate that agreement. So that is where we are. So that is what is known. Um, I know that there's going to be questions about whether and when we can
reopen the bridge. Um, as folks recall, um, Massachusetts Department of Transportation after their bridge inspection, they said that they would not reopen the bridge. So, we are trying to make the determination of whether or not to reopen the bridge. Um, I know
folks are going to call and ask whether when that decision is going to be made. When that decision is made, it will be publicly announced. Um, so this is the only public announcement that I have on this at this time, but we have terminated the agreement uh with Ken effect, but I'm happy to answer any questions of the board on this.
>> Does this now mean you can go back out to bid now that it's terminated or >> Yeah. Yes. But so there's also grant funds um Okay. >> that are here and so we're going to need to first work with the state to make sure that we can >> get an extension on those grant funds.
>> Okay. Um it I'm thankful for the additional chapter 90 funds that we're seeing this year because otherwise would it potentially if we didn't have enough other funds available would also be going to town
meeting for more funds for the project because it's likely not going to be in the same ballpark. >> Anything else on this one? Okay. Um, also on September 3rd, um, I received a memorandum from Dr. Jodie Fortuna, school superintendent,
regarding a budget surplus of approximately $582,1144. This information was formally shared with the community on the September 4th, 2025 meeting of the school committee. Naturally, there have been many questions asked, opinion raised, and a
lot of reactions to this information. at this question. At this juncture, more questions remain than we have answers to. But I did meet with the school superintendent and school business manager this morning. The superintendent and her team have received a lot of um
questions that I think are on point are valid. She agrees and they're going to be digging in to answer those questions open and honestly. Um but they're going to need some time to arrive at the answers that they are seeking. Um this is not simple as running reports and
seeing what happened. They really need to drill down. Uh the superintendent is planning on hosting a Q&A session um or the school committee rather is planning on hosting a Q&A session at the next school committee meeting. So, in that conversation, one of the things that we
discussed is of that $582,000 surplus, we're showing right now on the books, we're showing $114,000 incumbrance. What that means is that, and for folks
who are watching who don't know what a an incumbrance is, I'm going to go through a very 101 version of this for you. So, um, our fiscal year closes on June 30th of each year, and we don't always have all the bills in that are
due, uh, to our vendors by June 30th, but we're anticipating the bills are coming in for services and supplies that were rendered before June 30th. Um, that is an incumbrance when you set aside that money for the bills that are coming
in. So it is possible that some of those incumbrances are real and that there is outstanding bills which would up to the the greatest amount that that would be would be the 114,000. That's unlikely to be the case but somewhere between $0 and
$114,000. What that would do would shrink up that surplus. So, those are funds that really would be expended from the FY25. Because that's still an outstanding question mark. I would be hesitant at
this point to say that the school has a $582,000 surplus with a level of certainty until we get to drill that down. I it may be south of that. Um, the other things that I just wanted to publicly address
is that with any operating budget, whether it's the library, the DPW, or the school department, any operating budget, when June 30th um comes, whatever is left over in that operating budget, unless the service was delivered
or or the unless the supply was delivered or the service rendered prior to June 30th, that clo that closes the books on that state and all, no matter what department it is, all of those funds go back and
and balancing happens and we we do all of that and certified free cash is what comes out on the other side. So, um there have been some folks who said, can we just hold on to this next year? Can we can we use this as a buffer? I wish
it were that simple, but that's simply not the case. So, all of the money must be returned and then any excess in the general fund becomes free cash. All free cash needs to be appropriated at town meeting.
The same with any transfers into a department need to occur at town meeting. So I'm saying that because there's folks that are saying, can we do something now in this space? Is there is there a way that we can move some of this money? Can we do something with this money? The answer is no. So the
whatever surplus there is will become free cash and whatever happens with free cash after certification happens at town meeting. So November 18th 2025 is the earliest that any monies can be moved
around in relation to this other than monies that are already sitting in departmental budgets because I know that there was some talk of can we use some of this for x can we use some of this money for an audit? Can we use some of this money? Sure, you can do all sorts of things after the free cash is
certified and after an action at special town meeting. Um, I think that the reality is is it's going to take the school some time. Um, I think it's going to take them some time to get to the bottom of of what
exactly happened here. Are there any questions about this one? >> Yes. So my initial thought was if it if the school funds get sent back to the town that this would have been flagged by the town's finance director saying, "Oh, we just got this large amount of
money from the school budget." >> They're still reconciling. You're still in that process right now of year end. >> Okay. >> And so it is not the finance director's job or responsibility to watch that departmental budget throughout the fiscal year. But when when those funds
get sent back to the the town >> that's they haven't done they haven't done that >> later on though there'd be a date that he would get notified. >> So yeah so that hasn't even happened yet because you still have outstanding encumbrances. The school has not closed out their books. >> So this would have also been caught by
the town finance director say at a certain date. >> Not yet but yes. >> Okay. Thank you. So, the outstanding encumbrances of the approximately $100,000, is that a normal amount to not know about this late in
like September? >> I would be surprised if there is truly $114,000 of outstanding bills this late. I would be very surprised. Um, but there could be some.
But to think that the full $114,000 gap is going to I don't think it's going to shrink that much, but it'll shrink by it. Just my point being is the superintendent was very open and transparent in delivering this information very early. Um so point
being twofold is that there's a lot of we don't know yet and there's a lot of we don't know yet. >> Yeah. Um, but I don't think it's likely to be 114,000. >> All right. >> Just one other comment. I mean, we've been focusing on, you know, the surplus
from FY25, but I think it's worth mentioning that they're also looking at the FY the current budget FY26 to see how that's tracking. >> Right. So um so we did talk about the FY26 budget because
we need to understand what happened in FY25 to see if that same math or assumptions are being baked into FY26.
Um, in addition, uh, so they need to do work to see what they weren't, this wasn't the team that was in place that created the FY26 budget, right? So for every single line of the
budget, they basically are going to need to go through and look at what those assumptions were and do they prove out to be true. that that whole project will take them months. Um they can get
some baselines of that relatively quickly and they're working on that. But um you're right, the FY26 budget, you know, it does it maybe has fixed this. It maybe we don't know. We don't know. >> And heading into FY27, we don't know.
The point being there's there's a lot of >> I will say this questions and work to do. >> There were a couple questions that um folks did ask that I did ask pretty directly today in the meeting. I feel comfortable sharing that. Um even though it's not mine to share, but I do feel comfortable sharing that. Um I did say I
did ask about the uh override because this is FY25. So this is the override year. Were the positions restored? The answer was yes. and were the Chromebooks purchased? And the answer was yes. So, it's not that the old it's
not there. It's some it's somewhere else. >> And I think the superintendent, you know, she spoke to some of where she thinks that maybe right in that meeting, but it's going to take them some time. >> All right.
September 13th, 2025, this Saturday from 12 to 2 is the Whale and Park event. Please, if you have photo memories of yourself enjoying Whalm when you were younger, we're dying to see them. We're dying to put them on the wall. Send them in for the memory wall. We hope to see
you there. Apparently, I have a Wham Park t-shirt that was just ordered, so I'm official now. Um, Nishoba Associated Board of Health um is holding a vaccine clinic on September 30th at the library from 3:00 to 5:00. Uh they have partnered with with Westminster Pharmacy
to administer regional vaccinations for folks five and up. They're doing flu and RSV. Uh they don't know if they're going to have any COVID vaccine, but flu vaccine, RSV vaccine, five and up th uh Tuesday, September 30th at the library.
For more information, visit nshoba.org. And they are still conducting their community health survey. Um they're kind of making a little competition now between the towns. We're in second place. I don't think it's acceptable. So, um the survey is open till September
30th. Uh recruitment has gone down a little bit. Um so, the the recruitment is the same as last time, but I'm going to read through it anyways. Dietary aid 9 hours per week. Meal site worker 36 hours per week. Equipment operator
full-time and intermittent full-time is 40 hours a week. Intermittent is various. A videographer for 2 to 10. A land use director uh 40 hours a week. Children's staff librarian 32 hours a week. Finance director 40 hours a week. Admin assistant to the building
department 36 hours per week. This one's new. Recreation director 19 per hours a week has been advertised. And the library page and seasonal cemetery laborer are still there. And all the same vacancies on board committees and commissions. One last call for the Montichus Regional Vocational Technical
School. uh committee if folks are interested um we do have one applicant for that but if folks are interested um submit your applications and that is all >> any other questions comments discussion
okay we have no minutes warrants right file there >> nope >> uh any action items from anyone okay committee reports Glenn. >> Ah, so I went to the Lunberg um business
association meeting this morning at the at the library and I just thought it was important to um share that they are having um this Saturday, September 13th at Settller's Crossing Country Club at 11:00 a.m. They are having their fourth
annual golf and cornhole tournament. Again, that starts at 11:00 a.m. and it benefits the club. So, I just recommend going to their their respective uh Facebook pages for for information, but of course, it is, you know, golf tournament, cornhole tournament. They'll
have food on for sale by the the Lions. Uh raffle tickets are also available uh remotely. You can buy them online as well as um there. Apparently, they have a lot of good raffles. Um, planning board had a pretty routine meeting
Monday night. Um, they did have an interesting public hearing on 1083 Northfield Road. A developer received a variance had previously received a variance from the ZBA zoning board of appeals on May 28th
of 2025 for a fiveway driveway uh, common driveway. the bylaw limits it to four, but they were they um the developer was able to get a variance from the ZVA. So, on Monday night, the planning board had a public hearing
where they did grant the special permit. Uh and it was just an interesting uh discussion by by the board. Um October 27th, they are having a public hearing on the town meeting article for the uh municipal build uh I'm sorry, uh MBTA
Communities Act. Um there's also information they have information sessions on YouTube videos about that for further information. But again a public hearing at their meeting on October 27th on that MBTA communities act. They did have an interesting
warning for scammers have encompassed the permitting process for people coming before the town. So, if you do watch the meeting, you'll get the the the full warning, but you just have to if if you are um in the application process with the town, just be very careful if you
get a uh a bill, particularly if you weren't expecting it. Um if you do receive one that you have questions on or weren't uh expecting, just make sure you get the uh appropriate telephone number from the town's website to call with any questions. Do not use the uh
mailing that you received. uh the library board of trustees. Their meeting will be Thursday, September 18th. Uh I was unable to meet uh to the agricultural commission meeting because it conflicted with the the planning board meeting. So I haven't watched that yet, but they do, as mentioned
previously, have a upcoming farmers market on Friday from 400 p.m. to 7:00 p.m. at uh the TCP for those of you that are newcomers to town. That's the uh Thomas C. Pacio School. Uh, Saturday, September 27th, they will have the
agricultural fair and farmers market at the same location from 10:00 a.m. to 2:00 p.m. Various events there as Touch Attractor, hay rides, games, food, and music and nothing else to report. >> I had the school committee met on September 3rd. Uh, the chair had
reported the budget surplus of the approximately $582,000 that we talked about tonight. Um the primary school is going to have their pictures picture day this week. Uh open house uh events are scheduled throughout September. And the
first school dance at the middle school is October 3rd. The the superintendent said there was uh enrollment was 1,593 students across all schools. Um, Peter Beardmore reported on the Cap Capital Planning Committee and urged
prompt action on budget requests due by October 1st. Um, the uh board of assessors met also on September 3rd. Um, they had the residential, commercial, industrial, and chapter land growth assessed at
27,324,570. Expected tax value derived from the growth was 392,000 approximately $392,000. Um that excludes personal property and specific exemptions. There was a total of 33 functional adjustments, 14 residential and eight commercial. The
deadline for responses was August 15th. The obsolescence adjustment breakdown was 96 economic obsolescence adjustments, 16 residential and 80 commercial. Two affordable residential units already receiving a 15% discount. Um they're going to follow up on inspections and adjustments based on
responses by August 15th. Um there were the means tested exemptions. There were eight applicants received. All appeared likely to qualify. The deadline for applications was September 3rd and they had one invoice related to chapter land on 47 Prospect Street was reviewed and signed. Their next meeting is October
1st and they are still looking for one more member if people are interested in board of assessors. That's all I had. >> All right. Thanks. I do not have a committee report this evening. Uh so that brings us to the upcoming meetings and event schedule. So we will have a
very short uh zoom only meeting on September 15th. That's a Monday uh this coming Monday. Then our next meeting will be September 23rd and the tri board meeting is on September 30th. Any public comment from the public?
Yeah, >> John Bowen, I think. >> Looks like we have someone on Zoom. >> Yeah. >> Yeah, >> I think it's John. >> John, Mr. Bowen, if that's you with your hand raised, you want to unmute JB. >> Yep, it's okay.
>> Hi, how are you? Sorry, that's um Yeah, it says JB. So, um John Bowen, 162 Highland Street. Uh thank you very much. Uh can everybody hear me? Okay. I just want to be sure. >> Yes. >> All right. Very good. Very good. So my
concern is is the Flat Hill project and I understand that um town council is and obviously the town is going end up in litigation with this company. So the aspect of the project itself being bid
so far out and then the work not coming to fruition to a number of years later uh resulted in an obviously the company uh I can say this for certain because this is a pretty common uh situation with contractors that the amount for
litigation or settlement uh far outweighs uh the actual costs of which the contractor would have to pay. and not be paid to be able to complete the project under contract. Um the the concern that I have is that the
residents on Flat Hill should be made whole in any litigation that is done. that the action that is taken against the contractor should far exceed their contract as a me as a means to tell that
contractor and any contractor that comes to this town that they will not play a game uh a legal game to be able to come to a settlement agreement of some sort uh to be able to uh cut the costs uh for which they have individually made a
mistake in bidding their project uh as well as bringing that project to fruition in the proper amount of time. That's just my experience in the construction industry uh owning a construction business uh that did DAM certified work and uh that goes on a lot
uh with general contractors that are DAM certified. Uh but if the litigation itself exceeds the amount of money for which the contract was outside of a settlement to be able to get money in return might take six or seven years, it's well worth the wait. I just wanted to mention that. Thank you.
>> Thank you, Mr. Bone. Not seeing any other public comment. >> No. Uh, any public comment from town manager? >> No. >> Public comment from the board. >> I have one thing that actually Glenn's
committee report triggered in my mind. I just want to remind folks the um the warrant is currently open for special town meeting and it closes October 2nd. Any other com? >> I'll make a motion to adjourn at 7:39 p.m. >> Second.
>> Okay. Uh, roll. I'm stuck on roll call. >> Glenn >> I. >> Brian. >> I. >> And an I for myself. I didn't have to do a roll call. I know. >> That's okay. >> Doesn't cost anything. >> Um, okay. We are joured. Everyone have a good night and uh
be back on Monday.