===OCR macOS Vision=== ===PAGE 1=== Members present: Tom Alonzo, Chairman; Phyllis Luck, Vice Chairman; Damon McQuaid, Clerk; Katey Adams, Michael-Ray Jeffreys Not Present: Heather Lemieux, Town Manager The meeting commenced at 7:00 p.m. with the Pledge of Allegiance. Mr. Alonzo announced in accordance with the requirements of the Open Meeting Law, please be advised this meeting is being recorded and broadcast over the Lunenburg Public Access channel. APPOINTMENTS Recognition of MA House Representative Jennifer Benson Before opening up the floor for public comment, Chairman Alonzo recognized Lunenburg resident and outgoing State Representative Jen Benson. Ms. Benson is stepping down and taking a job in the private sector. Ms. Benson served on the School Committee and other town committees before being elected as the 37" Middlesex District State Representative. She has served eleven years in that role. Right after her election was the 2008 ice storm that threw her quickly into the middle of state government. Mr. Alonzo believed that she served not only Lunenburg well but the rest of the district. She was a strong advocate for the environment and education. He wished her all the best adding she was excellent to work with at the state level and thanked her for all her years of service. Applause resounded through the meeting room. Ms. Benson thanked everyone, stating it has been the greatest honor of her lite. It is about getting to learn and listen to and understand people. That is the honor, not the title. The issues in all six district towns are the same. Now it's time for someone else, I hope if I have a legacy, that I tried to do right by Lunenburg and by all the towns that I represented. I tried to be kind and I think we need more of that. She thanked the people of Lunenburg for trusting her for seventeen years. The rest of the Board joined in thanking Representative Benson for her years of service to the community. Mr. Alonzo read a proclamation to Ms. Benson from the Board and the citizens of Lunenburg. After taking a photo with the Board members, Ms. Benson exited the meeting. PUBLIC COMMENT: Ms. Adams, in response to a citizen's question as to why she had so many questions at a recent hearing, noted in open government this (the meeting) is where she should bring her questions. We are supposed to deliberate and discuss agenda items as a group. Mr. Jeffreys in regards to Black History month, spoke about James Baldwin who lived from 1924 to 1985. He was an American novelist, playwright, essayist, poet and activist and wrote about racism, poverty, inequality and the black experience in the United States during his lifetime. John Rabbitt, 314 Townsend Harbor Road, came before the Board regarding the earth removal project at 1325 Massachusetts Avenue. He noted he was a member of the Conservation Commission and the Storm Water Task force. But he was not speaking as a board member but as a resident. He expressed ===PAGE 2=== boards and urgea people to step forwara. Josh Bedarian, aide to Representative Benson, stated it has been a privilege to serve the Town of Lunenburg and has developed long-lasting friendships. He appreciated the Town letting him remain in the district office in town to serve constituents after Representative Benson left. As the new President of the Lunenburg Lions Club he was requesting tentative permission to hold a fall fair, specifically a potato festival. The club has put together a framework and are looking at September 19" for the event on Memorial Drive. They were seeking a one day alcohol and entertainment license, as recons used placing the request officially with the BO office and detailing what they would like to happen. Dave Passios, 56 Whiting Street, noted there used to be a zucchini festival in town. But he was here concerning the police union bargaining agreement. Confirmation was received that the town should not have passed over the town meeting article funding the first year of the agreement. We still need to ratify that agreement. Mr. Alonzo stated it was being looked into on the best way to remedy this. Pam Anzaldi, 70 Townsend Harbor Road, an abutter to the 1325 Massachusetts Ave. earth removal project, noted when the hearing was held only two of the four abutters were present. She stated when people take the time to come to a meeting and speak, they want to be looked at and listened to. People felt that they were not listened to at that hearing. She also believed if other members had questions, you should take the time to address them before voting. She thanked Ms. Luck for all her years of service to the town. APPOINTMENTS (CONT.) Lunenburg Cultural Council Arts Festival Approval for June 13th Laura Brzozoski, 21 Francis Ave, Cultural Council Chair, presented for the request. This would be the third annual Arts Festival. They would like to shut down Memorial Drive and she has spoken to public safety officials. There would be two stages for music and at least one food truck in addition to the vendors. Mr. Alonzo stated he had no problem for the event but encouraged her to fill out the paperwork and apply for the license. Motion: K. Adams To approve the art festival on June 18* contingent on filling out the paperwork Mr. Alonzo noted there was nothing to review and approve, we just have someone asking for a date. The other Board members voiced their support of the event but requested the application paperwork as a matter of process. Ms. Adams withdrew her motion and motioned that the Board support the event. Mr. Alonzo stated we can verbally support the event and not make a motion to do so. Ms. Brzozoski who was suffering from the flu stated that was fine and exited the meeting. INTERVIEWS/APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS Cultural Council - Kerry Ann Kimball- 778 Page Street-term to expire June 30, 2023 ===PAGE 3=== Joint Meeting with the Sewer Commission to mutually appoint to the Sewer Commission vacancy until the next annual election- Brett Ramsden Carl Luck called the Sewer Commission meeting to order. Members present were Dave MacDonald, John Reynolds and Mr. Luck. Mr. Luck stated Brett Ramsden has been attending a few Sewer Commission meetings and we support his appointment. Mr. Ramsden is a local stone mason and has lived in town for 15 years. He does intend to run for election in May. Motion: M. Jeffreys 2nd: D. McQuaid To appoint Brett Ramsden to the Sewer Commission until the next election Vote: Mr. Jeffreys-aye, Ms. Adams-aye, Mr. McQuaid-aye, Ms. Luck- aye, Mr. Alonzo-aye, Mr. MacDonald- aye, Mr. Reynolds-aye, Mr. Luck-aye The Boards congratulated Mr. Ramsden on his appointment. Fiscal Year 2020 2nd Quarter Financial Report from Finance Director Karen Brochu Ms. Brochu gave her mid-year report; some of the highlights are below. Revenues Total collections to date are $22,304,174.88 or 52.09% of FY20 estimates through 12/31/19. Below is a summary of the individual categories: • Local Receipts: We have collected 34.21% of the FY20 Local Receipt estimate. There are several categories of local receipts that are running above target including Other Excise (Local Option Meals Tax (88.97%), Fines & Forfeits (109.86%), Penalties & Interest (70.78%) and Investment Income (89.22%). Motor Vehicle Excise collections are low (16.71%), but that is because the majority of this tax committed and received in the 3d quarter. • Taxes: At this time we have collected $13,792,597.99(49.47%) of the levy. • State Aid: We have collected $4,517,141.96 (49.59%) of our state aid estimate. • Expenditures We have expended/encumbered $19,504,504.09 (51.5%) of budgeted expenditures as of 12/31/19. All expenditures appear to be at the level they should be at this point in the fiscal year. There are several appropriations show that percentages used of higher than 50%, but that is because funds in certain line items within the appropriations have been encumbered but not actually paid at this point in time. Actual expenditures for these appropriations are at or near the 50% mark. ===PAGE 4=== "The State has begun their budget process for FY2021 and as they have done in the past, our legislators reach out to see if there are certain budget priorities that we would like them advocate for funding as earmarks in the state budget. I received a request from Representative Hay's office last week to forward our budget priorities as Representative Hay has a meeting tomorrow, February 19th " with Chairman Michlewitz to discuss the budget priorities for each of the communities he represents. As stated in my memorandum to the Board last year, the list I submitted for FY20 included some projects that were submitted as part of the Facilities Bond Bill. Understanding that the Governor has yet to release a funding mechanism to fund those projects as part of a bond bill, we have a better chance at them getting funded as earmarks. After review of the projects that are in the 2018 Capital Facilities Bond Bill, 2018 Economic Development Bond Bill, our future capital needs, the discussions that have taken place around particular town buildings, and speaking with department heads, below are my recommendations to submit to our state delegation for our FY2021 budget priorities: 1. $127,000 for fire alarm upgrade at the Lunenburg Primary School.(See attached information from School Facilities Director 2. $180,000 for Firefighting Turnout Gear that would provide each firefighter two sets of gear so that after each fire, gear is cleaned of hazardous materials. Fire Department also submitting AFG grant for this same request. 3. $125,000 for the installation of a new parking lot adjacent to the Eagle House that would create additional safe parking spaces off of Memorial Drive (in Capital Plan under FY22) 4. $355,000 for hazardous materials abatement and demolition of the old primary school building and feasibility and design for future use of the space ($40,000 for feasibility and cost estimate to demolish the old primary school building and design for future use is in the language of the Capital Facilities Bond Bill-2% inflation to this figure and 2% inflation from Vertex figure in 2018 report); 5. $770,000 for abatement of asbestos at the TC Passios (in Capital Plan FY20 not funded-added 2% inflation from Vertex figure in 2018 report) 6. $175,000 for the construction of a records room on the second floor of the Public Safety Building that would comply with regulations for police records retention. (in Capital Plan under FY22) 7. $40,000 for the installation of new LED lighting fixtures at the Library (In Capital Facilities Bond Bill) The list that was submitted last year included the following: 1. $45,000 for an HVAC upgrade at the Senior Center (in Capital Plan for FY22) 2. $27,000 for the replacement of the handicap ramp at the Town Hall (In Facilities Bond Bill) 3. $40,000 for the installation of new LED lighting fixtures at the Library (In Facilities Bond Bill) 4. $50,000 for planning assistance to update the Town's outdated ADA Self-Evaluation and Transition Plan (Grant application through MOD that was not funded) 5. $755,000 for abatement of asbestos at the TC Passios (in Capital Plan FY20 not funded) 6. $220,000 for the installation of new fuel tanks at the Department of Public Works (in FY20 Capital Plan) ===PAGE 5=== Mr. Alonzo asked for discussion. Ms. Luck asked if there was a monetary number to work with. Mr. Alonzo stated that was unknown at this time. From Ms. Lemieux's list of recommendations, Ms. Adams suggested #4 (hazardous materials abatement) as this is line with their goals. Mr. Jeffreys suggested # 3 (new parking lot adjacent to Eagle House). Mr. McQuaid was leaning towards # 1 and #2 as those are items that will show up on the capital plan no matter what. After discussion, it was decided to request #4, #1, #2 and #7, in that order. Mr. Alonzo will send the request along to Representative Hay. Discussion about Earth Removal Permitting Mr. Alonzo noted we did get a draft from the Planning Board (PB) on a proposed bylaw. Adam Burney, Land Use Director, stated the Planning Board will be having a public discussion on the 9t of March at 6:30 p.m. The Planning Board will also be putting forth an amendment to the existing bylaw on the town meeting warrant that places the PB as the permitting authority if the proposed new bylaw article does not pass. Mr. Jeffreys stated this board has to decide on earth removal permits right now. He supported this board remain the issuing authority. He believed residents should be afforded more than one opportunity to express their concerns. Discussion about the last earth removal permit hearing process ensued. Ms. Adams stated she did not believe they had enough information at that hearing and added the applicant's plans did not show two of the abutters on it. We weren't told it was an area of critical environmental concern. The BOS could have requested the project be bonded and storm water drains cared for. Ms. Adams stated the permit expires in one year and there are no limits on how much can be removed in that time period. Mr. McQuaid stated we issued a permit that has to be renewed every year just like all the earth removal permits we issue. Storm water is the Planning Board's responsibility and Conservation addresses environmental concerns. We are looking at the impact on the abutters and dust control. If you had looked on the last page of the application there is a detailed construction process on how the project is going to be removing. To say we were not diligent in our review is ridiculous. We had an application and a letter from the Land Use Director. If you read it you would have known what we should have been looking for; and we addressed the concerns. Mr. Jeffreys encouraged the other members to read materials before coming to the meeting as backup for the BOS meetings is sent out in advance of their meetings. He added that too often we are trying to rehash an issue that has already been settled. I would encourage we don't waste time doing that. Ms. Adams stated the property being zoned commercial does not mean it should be dug out. Mr. McQuaid stated being zoned commercial gives them the right to do what is allowed under the zoning bylaw. Ms. Adams noted the applicant does not have a plan. Mr. Jeffreys asked would you spend $100,000 to develop a plan that is going to be shot down. They are grading the property while removing the material for future site development. Ms. Adams believed the Board did not address the abutters' concerns. Mr. Jeffreys pointed out that he asked the abutters present at the hearing what their concerns were and then made sure they were addressed in the conditions. ===PAGE 6=== to that determination. Ms. Adams believed the Board should have taken more time on the last hearing, she would have liked to hear from the Land Use Director and Building Inspector. Mr. McQuaid asked so you want more time on each hearing? Mr. Jeffreys noted it seemed pretty clear to him that whether they came back in two weeks or voted that night that the votes would not have changed. Mr. Alonzo stated that night he did hear the abutters and he looked them straight in the eyes. He felt the project was appropriate for the area and did not meet criteria for denial. We are asked to make decisions and they are not always easy. Mr. Jeffreys stated he can understand how abutters feel and I don't always agree with everyone, but we should apply the rules as they are, not as we hope they would be. Mr. Alonzo opened up the discussion to the meeting. Pam Anzaldi, an abutter, asked the Board if they did not see the reasons for denial; excessive noise etc.? If this project goes through, can the abutters call you up to come and see and hear what is going on there? Mr. Alonzo stated if there is a violation, yes. Ms. Anzaldi stated Mr. Proctor came to their house after the Planning Board meeting and stated he wanted to be done in 6-8 months. I have heard the facts changing as we go along. It's really hard to discern what is going to happen. Who do I call? Mr. McQuaid stated you can call the Building Inspector, he is the enforcing authority. After more comments, Mr. McQuaid asked Ms. Adams if she would be happy if both the Land Use Director and the Building Inspector were present during the next earth removal permit hearing. She stated yes. Mr. Jeffreys asked if this was a majority consensus. We should be doing our homework before we come to the meetings. We should not hold up applicants because we failed to read our materials prior to the meeting. We can ask these questions without asking town employees to be here at 9 pm at night on a weekday. It sounds as if these questions can be asked during normal business hours. Motion: K. Adams 2n°: P. Luck To have the ability to ask questions of our Land Use Director and Building Commissioner at our meetings for earth removal permit applications Discussion: Mr. McQuaid shared Mr. Jeffreys' concerns about asking employees to another night-time meeting but if that makes the process better than I can get on board with it. Mr. Alonzo agreed and will push for the bylaw change in the permit issuing authority so this becomes a moot point. Vote: 4 in favor, 1 nay (Jeffreys) Discussion about placing articles on the Annual Town Meeting warrant and Town Election ballot for the prohibition of recreational marijuana Mr. McQuaid stated he was not in favor of this. Ms. Luck stated these articles were advertised in advance and discussed at town meeting. There was obviously not enough people who supported these articles at town meeting to meet the 2/3rds vote. It is not the obligation of the Town or the BOS to put this back on town meeting. She believed the voters had spoken. Ms. Adams stated we lost an opportunity and it changed the way it was discussed on town meeting floor. The goal was to pass the bylaw and the prohibition articles. We found out during the meeting the ballot questions could not be voted on. ===PAGE 7=== was made? Mr. Alonzo stated it did not matter. He was in agreement with the other board members that people had a chance to vote and they spoke. Minutes/Warrants/ Action Items There were no minutes for approval. The Board signed an accounts payable warrant in the amount of $393,549.15; a real estate refunds warrant in the amount of $13, 360.23; a deductions warrant in the amount of $181,197.39; a payroll warrant in the amount of 805,640.38. Mr. Alonzo noted the quarterly Animal Control report was in the board packet for review. Mr. Jeffreys was really surprised to read so many reports of loose dogs and even cows in the road. Action Item: Mr. Jeffreys requested a discussion of a citizen's award on a future agenda. There were no committee reports this evening. Mr. Alonzo stated the next meeting for this board will be March 3rd. PUBLIC COMMENT: Mr. Jeffreys warned about scam phone calls allegedly from the IRS stating your social security number is at risk. Motion: P. Luck To adjourn the meeting at 9:12 p.m. 2nd: D. McQuaid Vote: All in Favor Respectfully submitted, Elainem Peterson Elaine M. Peterson Executive Assistant to the Town Manager