Issue 6 July 22, 2024

Finance Committee July 9

The significant item during this meeting came out as Dick Trussell, Chair, brought up that the school bond at 5.5% interest could cause up to a $1.8M deficit in FY26.

The minutes from 10/17/23, 3/14/24, and 5/30/24 were approved. Minutes from 9/18/23 are missing. Chair Dick Trussell would like to create these. Four meetings, 11/18/23, 1/29/24, and 5/6, were joint sessions with the Select Board are missing also.  Cheryl Gariepy, Town Finance Director, will ask if the minutes from the Select Board can be used.

A spreadsheet was shown with the committee members’ assignments to various town departments/committees as liaisons.  Stan Starr, member, volunteered to take over some to which Michelle Vasquez had been assigned along with him.   Roy Rezac, member, also took over others assigned to Vasquez and Susan Smiley.  The spreadsheet was updated.

Rezac wanted to present the Tax Fairness Report to the Select Board meeting first.  So the report is rescheduled to the next meeting.

Trussell spoke about the Financial Policy proposal.  Kate Hodges, Town Administrator, was not available. Questions have been submitted to Hodges and Gariepy. Hodges wanted a vote during this meeting. The policy is amendable. Hodges wanted a policy in place for the next Finance Director coming in after Gariepy’s retirement. After discussion about whether approval can be given immediately, some questions were answered by Gariepy, and the Committee was assured that any other changes can be incorporated at a later date.  No member had an objection to the immediate approval. The policy, as is, was approved.

Gariepy reported on the Year-end Estimate. There are outstanding items that are precluding closing the books, such as payroll for the previous week, but the real estate tax collection went down from $300K to $235K.  Revenues seem to be coming in higher than estimated, expenditures are closing out at $500K less than budgeted. Gariepy will have closed the books by the next meeting.

Trussell presented his analysis of the High School Bond. His spreadsheet showed that it is possible that the town is $1.8M short in FY26 on the Bond. Starr questioned the interest rate.  The spreadsheet is showed 5.5% as the interest rate.

Conservation Commission June 25 

Most significant items, as well as the organization of the Commission, were continued until July 23rd.
Most interesting was the presentation of the signage for Lancaster out of the Wayfinding Sign Draft Report, which was first on the agenda since it was not reviewed at the last meeting.

Lancaster Branding + Wayfinding Signs Draft Report:
Claudia LaFontaine, Associate Planner from Civil Space Collaborative, reported on the existing signage within Lancaster with pictures within a presentation. The Civil Space Collaborative has developed signage and conducted a survey with people in the town. LaFontaine showed the popular signage that resonated with Lancastrians; it is traditional with federal toned red and blue and gold with Georgia fonts. Welcome signs in gold, directional signs in blue, and informational and historical signs in red. A map of suggested locations for various signs was presented. Funding sources were presented and the town will have to undertake getting the funds.
Next steps are providing cost estimates to the Town Planning Office.
Commission needs to review the locations of the signage and give their opinion on locations, additional locations, and also to investigate any property ownership for signage.

Continued Notice of Intent for 0 Heritage Lane: Construction of a driveway crossing and single family home.
Continued until July 23th. 

Continued Notice of Intent 10 Fire Road 54: Construction of larger dwelling with additional garage.
There has been a request to do a site visit with at least two commissioners.  Time and availability to be determined. Chair Tom Seidenberg, and Commissioners Jim Lavallee and Brad Stone will schedule offline their two site visits.
Continued until July 23rd.

Continued Notice of Intent – McGovern Boulevard: Construction of two proposed lots, a roadway extension, an associated cul-de-sac, retaining walls, utilities, and a stormwater management area 4.  
Continued until July 23rd.

0 No Main Street (Map 24, Parcel 41.A): Construction of a single family house, driveway and septic system.
A new Hearing was opened for this item and continued until July 23rd.

Discussion:
Charter Commission:  Select Board Member Jason Allison was to attend to talk about this item. Commissioner Brad Stone had sent an email that afternoon confirming, after Town Administrator, Kate Hodges, had confirmed to Chair Seidenberg that Allison would be attending. He was late, not certain this was the meeting he was to attend. He presented his idea for a charter commission.  He talked about what a charter is and then went into why he wants a charter commission. He needs to send a Division of Local Services (DLS) report that he had not yet sent out.  There needs to be “about 700” signatures” to form the commission. Out of a proposed two year Charter Commission tenure, Alison promoted the idea that the Finance Committee and the Enterprise Water Commission and the Department of Public Works would no longer independent and/or elected. The Finance Committee, in particular, would by appointed by the Select Board.
Request for Extension Permit – 0 Elizabeth Ln. and 0 White Pond Rd. – DEP File No. 193-0589:
Continued until July 23rd.
Enforcement Order – 397 Center Bridge Road: The enforcement order was delivered on June 29th.  A 30 day response time has started.
Conservation Commission member organization by voting for officers:
Carl Fawcett is still interested in the open seat. Chair Seidenberg suggests maybe waiting until Fawcett joins. The organization was tabled until July 23rd.

Minutes to Approve:
The minutes from 6/11/2024 and 6/25/2024 were approved.

Select Board July 15 

This meeting started with a dangerous dog hearing, had a mid-section with the Tax Fairness Committee presenting their second and final report, and ended with a discussion about the Select Board’s goals and a five year budget plan.

Minutes: The minutes from July 1st were approved.  The minutes from Executive Sessions on June 5th, and June 23rd were approved.

Nuisance and/or Dangerous Dog Hearing: Stephen Mudgett, 241 Chace Hill Road, appeared in defense of his dog. Commissioner Everett Moody provided the following information; on June 24th or the 25th, Mr. Kirkpatrick came in to complain about the dog.  The treating hospital had already put in a report to the Police Dept. The Kirkpatricks have given a written statement.
The incident happened on Moffett Street. Mudgett, owner of the dog, thinks that the dog, who has a habit of attacking small animals, thought that the Kirkpatrick’s dog was prey because it was small and that his dog attacked Ms. Kirkpatrick while she was protecting her dog. She had a gaping wound on her forearm and has suffered some nerve damage in her hand, her husband reported. The Mudgett dog will be neutered in hopes it lessened his aggressiveness. A better gate is being implemented at the dwelling.
Phyllis Tower, Lancaster Animal Control Officer, spoke; there have not been any previous incidents with the dog. Dog was put under quarantine and since released from quarantine without any symptoms of rabies.
She recommended that the dwelling entrance needs to be reinforced, when she visited she said all the dogs were friendly, no growling.  She said the dog needs to be confined and if there is an outside pen then it needs to be secured as the dwelling would be secured.  If taken outside, then the dog needs to be muzzled and on a leash that has a tensile strength of 300 lbs. Also the dog should be neutered as is being planned. She did not recommend the dog put down.
The Board decided to deliberate on the matter until the next meeting.

Pole Hearing: National Grid would like to install a pole at the intersection of Seven Bridge Road (117) and Creamery Road.  This was approved.

Public Comments:
Roy Rezac, resident, made a statement to the benefits of the virtual participation in Select Board meetings. 
Susan Munyon, resident, wanted to know why the appointment for the open seat on the Conservation Commission was not on the agenda.  She also seconded Rezac’s comments. Chair Steve Kerrigan stated that Munyon’s first question will be addressed at the next meeting.
Russ Williston, resident, said participating in virtual meetings is critical for professional attendees. It is also time saving for many residents to keep up to date on the town’s activities. Williston says that FCC does not monitor cable TV, contrary to Member Jason Allison’s public statements on social media. 

Tax Fairness Committee: Rezac made a presentation to the board. The presentation is available online at https://www.ci.lancaster.ma.us/tax-fairness-ad-hoc-committee/pages/tax-fairness-committee-final-report-and-slide-show.
This is the second 3 month report.
Rezac went through the mission and the tasks that resulted to trying to achieve the mission:
1)  Examine the fair allocation of tax burdens
2) Alternatives to and reduction of reliance on property taxes
3) Reduce impact of property taxes on seniors
He reviewed the first 3 month report. He explained the Circuit Breaker program available to seniors. He explained that all residents feel the heaviness of the tax burden, and talked about residents in a median age group for who care for both parents and children; the sandwich generation, who are also heavily affected by the tax burden, as well as the seniors.
He reviewed the town involvement/communication in working with residents on and the next steps on the tasks involved in the mission.
He provided a chart of taxes for Lancaster and the surrounding towns.  Lancaster was third highest of 10 towns.
He also presented a chart showing the rate of inflation affecting the taxes.
He stated that rising taxes are generic, not a Lancaster only problem and related to inflation and education costs.
Lancaster taxes are 2/3 school costs and 1/3 town administration costs.
He presented a chart of the appreciation of homes in Lancaster. Because of home equity, seniors are “house rich” if they have owned their homes for more than 10 years. He stated a few times during his presentation that seniors do not typically move for financial reasons but for healthcare reasons.
How to cover the taxes involved in this situation?
Several scenarios were provided and the committee recommended a reverse mortgage for those needing help.
Chair Kerrigan said that the town can’t recommend any such course as a reverse mortgage.
Rezac stated that if a senior is “house rich,” a viable option to easing financial strain is to use the equity in their homes.
Rezac moved onto tax fairness. House assessment is hugely regulated and uses certified programs. Less than .5% of residents have appealed their assessments. The view of the committee was assessments are generally fair within Lancaster.
What tax sources are available? He went through the revenue sources. Not one but residential taxes were significant. The conclusion is that Lancaster needs to diversify and broaden tax base, split the tax base between residential and commercial.
Rezac distributed the report to the Board.
The committee requested to be disbanded as all the work they can do has been done.  This was approved.

Select Board Policies & Procedures - Continued from July 1, 2024 Meeting (Gifford):
Continued to the next meeting.

Discussion on eliminating virtual participation from Select Board meetings (Allison):
Member Allison lamented the lack of decorum seen at the last meeting, stating  participation is a privilege, not a right. Board Member Ralph Gifford opposed the motion, stating the Board derives a lot of benefit from the public participation. Chair Kerrigan concurred that the benefits are significant. Though he cautioned that decorum needs to be maintained in order to achieve the work needed. The motion to eliminate virtual participant was defeated.

Discussion on Select Board policy regarding unacceptable behavior of Select Board appointed board/committee members (Allison):
Allison stated that civility and decorum were keys to public meetings. Gifford said that passionate people get things done and sometimes the passions get the best of people. Chair Kerrigan said it was a matter for another meeting.  Town Administrator, Kate Hodges, asked if emails are received that are rude, what could be the actions of the Board?

 Select Board’s Goals (Gifford): (note: this was moved to the last item on the agenda)
a. Proposal for Procedural Changes in FY25:
Gifford presented property tax chart, where Lancaster had the highest of surrounding communities at 1.8 %.  He proposed Lancaster reduce to 1.5% in stages, .1% reduction per year ending in FY28. Chair Kerrigan asked what it meant for the town budget. He also pointed out the other communities have a lot of business. Hodges asked about commercial and industrial. Gifford said that this is a goal and not proposed cuts. Gifford stated that having goals get focused results. Allison stated he didn’t know if the goal is achievable, and he is not signing up until he knows if it is achievable.
b. FY25 Goals and Objectives:
Gifford proposed the 5 year budget needs to be public. Hodges protested that the data provided by the Division of Local Services (DLS) is flawed, and the public doesn’t understand the budget and the publication promotes unfavorable opinions. Gifford says the public needs to understand the long term decisions being made.  Allison said no one is asking for this information. Hodges stated that the DLS data is a snapshot, and only as good as the moment it is captured.
Gifford would like to know how the data is flawed and why is it used? Hodges says it is used for scenario building. Gifford uses projections to see what decisions could be made to get to the goal. Hodges doesn’t want to panic anyone by projecting. Gifford said that presenting the assumptions about the projections will help people understand the projections. Gifford said sometimes expenses will unlock future revenue or tax reduction.
Chair Kerrigan says he has never had anyone, besides Gifford’s supporters, ask for a 5 year budget projection.
c. FY24 Goals and Objectives Review:
Gifford said we need infrastructure (utilities); a comprehensive plan for infrastructure. Chair Kerrigan said that Lancaster cannot guess at infrastructure that owners/ developers will want. Gifford said it should be a goal, investigated and understood. Allison said this goal goes against the proposed Master Plan. Hodges said this goal may negate the first goal.  Gifford said he is aiming for economic development, to provide some things that need to be in place for economic development, which in turn will provide a tax base to achieve the first goal.

Lancaster Community Center Kitchen – Updated Use Agreement:
Tabled as not ready.

Ratification of Memorandum of Understanding (MOU) with Thayer Memorial Library Trustees – Historical Commission Artifacts & Use in Library Museum:
This was approved and signed.
 
Ratification of Intermunicipal Agreement (IMA) with Housing Consortium:
This was approved and signed.

Review Planning Board Report/Recommendation for Hawthorne Lane Roadway:
Planning Board Chair, Frank Streeter reported on Planning Board’s recommendation of the town taking of Hawthorne Lane as a public way. The Planning Board recommends this road should stay private.
Hodges says the obstacles to a public way have been negotiated but this needs to be a warrant item and come to Town Meeting. Gifford would like to see the totality of the project presented as a combination of open space, pump station, and roadway.  Hodges says the roadway is the first step, as a safety issue; the others will be more complicated. Gifford says the other two aspects affect the abutters. If the road is resolved then negotiation leverage may be reduced in regards to the other two aspects which may never get resolved. Hodges replied that the easements for utilities cannot wait.
The direction given was that the road needs to be resolved.  Hodges is hopeful that the other two aspects will be resolved before the warrant needs to be written.
 
Ratification of Parking Violations Appeal Procedures:
This was approved and signed.

APPOINTMENTS:
* Denotes candidate has requested reappointment. Terms specified after name if not clearly marked in heading.
 Community Preservation (1 resident at Large term to expire 6/30/2027 open)
Will be posted for new applicants to apply and will be voted on next meeting.

Memorial School Reuse Committee (3 open positions – terms to expire 6/30/2027)*
Cynthia Lefebvre - resident at large*
Mary Zadroga – resident at large
Van Cromwick - resident at large*
All were approved. 

License and Permits:

Application for Public Entertainment (Weekdays) and Sundays Dean & Flynn Inc., dba Fiesta Shows, for the Annual Bolton Fair, August 9-11, 2024. (Friday Noon – 10pm, Saturday 9am-10pm and -Sunday 9am-9pm) at the Lancaster Fairgrounds, 318 Seven Bridge Road.  This was approved.

Special Permit Removal of Earth Products Renewal Applicant: James Simpson Name of Business: LLEC, Inc. Address of Business: Jungle Road, Lancaster, MA (Map 23, Parcel 7) Permit Last Issued: August 20, 2022 – August 20, 2024 (2 year Permit) Reason for Request: Earth Removal/Site Preparation Renewal of Existing Permit. This was approved.

The motion to go into executive session to discuss litigation concerning copyright infringement was approved.