===OCR macOS Vision=== ===PAGE 1=== Members present: Tom Alonzo, Chairman; Phyllis Luck, Vice Chairman; Damon McQuaid, Clerk; Katey Adams, Michael-Ray Jeffreys Also present: Heather Lemieux, Town Manager; Adam Costa, Town Counsel The meeting commenced at 7:00 p.m. Mr. Alonzo welcomed everyone to this board's first virtual meeting. He 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 and also being recorded as a zoom meeting. The Town of Lunenburg, in response to the COVID-19 (Corona Virus) is currently following the guidance from the Lunenburg Board of Health, Massachusetts Department of Public Health and the CDC regarding the virus and steps communities can take to prevent the spread and all town facilities are currently closed to the public. In accordance with the Governor's Order Suspending Certain Provisions of the Open Meeting Law, G. L. c. 30A, § 20, all public meetings are being conducted remotely. This meeting will be broadcast live through local access cable, on FacebookLive on the Public Access Facebook page (https://www.facebook.com/Lunenburg-Public-Access-Cable- 157427270975305/ and will be able to be found on the LunenburgAccess YouTube channel within 24 hours after the meeting. 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/9091740347 or from a telephone, dial the toll free number (888) 475-4499 and enter Webinar ID: 909-174-0347 # If you have not registered with Zoom you will be asked for your name and an 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. Mr. Alonzo stated initial public comment was being postponed to later in the meeting in order to ensure this medium works and to address agenda items first. 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. Because we are in a remote meeting, all votes taken will be roll call votes. Mr. Alonzo read aloud how the remote open meeting will be conducted: "I am Tom Alonzo, Chair of the Board of Selectmen. I will do a roll call to confirm that all members and persons anticipated on the agenda are present and can hear me. Members, when I call your name, please respond in the affirmative and then state your name." Mr. McQuaid-"Yes, I can hear you," Ms. Luck: "Yes, I can hear you," ===PAGE 2=== identifying how the public may join. Please note that this meeting is being recorded, and that some attendees are participating by video conference. Accordingly, please be aware that other folks may be able to see you, and to take care not to "screen share" your computer. Anything that you broadcast may be captured by the recording. Meeting Business Ground Rules We are now turning to the first item on the agenda. Before we do so, permit me to cover some ground rules for effective and clear conduct of our business and to ensure accurate meeting minutes. I, the Chair will introduce each speaker on the agenda. After they conclude their remarks, the Chair will go down the line of members, inviting each by name to provide any comment, questions, or motions, derr mam i cold Please hold until your name is called. • Please remember to mute your phone or computer when you are not speaking. • Please remember to speak clearly and in a way that helps generate accurate minutes • For any response, please wait until the Chair yields the floor to you, and state your name before speaking. • If members wish to engage in colloquy with other members, please do so through the Chair, taking care to identify yourself. He asked the Board members and Ms. Lemieux and Attorney Costa if they had any questions. All when asked individually responded, "No questions." There were no announcements at this time. Public Hearing for Smokestack Roasters, LLC for a Wine & Malt On -Premises License ($12), located at 39 Mass. Ave. ( Mr. Alonzo stated the intent is to open the hearing and continue it to April 14th at 7:05 p.m. Motion: M. Jeffreys 2^°: D. McQuaid To open the hearing for Smokestack Roasters LLC for a wine and malt, on-premises license and continue it to April 14, 2020 at 7:05 p.m. Vote: Mr. McQuaid-aye, Ms. Luck-aye, Ms. Adams-aye, Mr. Jeffreys-aye, Mir. Alonzo- aye CURRENT BUSINESS 1. Town Manager Update on COVID-19 After two weeks of Governor Baker issuing a State of Emergency, each day still brings new information that requires us to adjust how we function and operate. In the last couple of days, my focus has been to plan for immediate issues such as how to delay the upcoming Special State Election scheduled for March 31st, working on a solution for remote participation for our public meetings, conference calls from stage agencies, constant communication with staff, an onslaught of communications and updates from various agencies and my colleagues, ===PAGE 3=== ask for everyone's patience and understanding during this time, as we are committed to continuing to provide services to our residents and businesses at the same time as keeping our residents and statt sate. Here are a number of updates specific to Lunenburg that will also be posted on the town website, town Facebook page, the "town wide" listserv, sent to the Lunenburg Ledger and to Public Access: COVID-19 Information Center: On Tuesday, March 17" I created a page on our town website that includes all the public service announcements and other important documents and links to information related to COVID- 19. This includes Board of Health updates and a link to the Lunenburg Public Schools with all informational releases from the School. Beginning on March 16, all town facilities were closed to the public and this is currently in effect until April 7", which also coincides with the school closing date as of today. Also, beginning on March 17th, all public, including school, playgrounds in Lunenburg are closed to public until April 7th. This includes Wallis Park, Kids Kingdom, Marshall Park and school playgrounds. All school fields will also be closed to the public. The Police Department has been asked to monitor these areas during their patrols to enforce closure. As of Monday, March 23rd all staff at town facilities that are able to work remotely will do so and any staff that cannot work remotely will work on a rotating schedule so not to work with other members of their department or in close proximity to others. Phone lines will be monitored and all emails to staff will be returned. Please contact us if you have questions, we are here to help if at all possible. If you need to contact a particular department, please visit the town's website at https://www.lunenburgma.gov/ and each individual department's web page includes contact information, including the phone number and email address. The IT Director, the Public Access Manager, and I performed a live test meeting on Zoom on Thursday and initially there were issues with the audio on broadcasting live on the Public Access channel but these were worked out later in the day. Instructions on how to view meetings and login to participate is printed on the posted agendas. I am working with the appropriate official that posts meetings on instructions on how to conduct meetings and on information that needs to be posted on the agenda to notify residents on alternative means of' public access. We ask that boards and committees only meet to conduct essential business and delay meetings, if possible, to a future date. As with other town facilities, the Eagle House will be closed to the public until April 7h and this includes all activities at the Senior Center and off-site. Effective Friday, March 21St, Eagle House staff will be working remotely but will still be performing outreach, delivery of Meals on Wheels, and other vital services to our seniors. The COA Director has begun virtual ===PAGE 4=== meals will now be delivered by the COA Director and two other staff members. Deliveries have also shifted to every other day so that deliveries be made on Monday and Wednesday only, with meals for multiple days. Clients are being asked to put a cooler outside their door to place meals in and maintain social distancing. Any questions can be directed to COA Director Sue Doherty at (978) 582,4166 or sdoherty@lunenburgonline.com Casella is still on their normal schedule of picking up trash and recycling. The State passed special legislation yesterday to delay the Special State Election that was scheduled on March 31st until June 2nd (H.4582) and passed special legislation allowing the delay of municipal elections (S.2608). If the State had not passed special legislation to delay the Special State Election, our only other recourse was to file a court order, which we were prepared to do given that 25 out of our 30 election workers are over 65 years old and our polling location is a town facility that is closed to the public until April 7". This facility also houses central office staff, essential to the continuation of educational services. Since the warrant had not been posted for the Annual Town Meeting, the Board of Selectmen may postpone the Annual Town Meeting to a date prior to June 30* under the current M.G.L. I have a proposal before the Board to reschedule the Annual Town Meeting until June 13th and I have reached out to the Town Clerk to find out her preference on a date for the Annual Town Election. The Town Clerk has a meeting with the registrars and they are possibly looking at combining it with the Special State Election on June 2nd. I will notify the Board as soon as I hear from the Town Clerk. The Governor filed a bill (H.4572) on March 16th and the hearing on the bill was scheduled for March 19th. This bill will provide flexible solutions for communities caused by COVID- 19 including options to address postponing Town Meetings 30 days due to a public health emergency, allow for delays to extend the date of annual Town Meetings beyond June 30th, and reduce quorum requirements. The Governor filed another bill today, March 24* (H. 4974) called "An Act to Further Address Challenges Faced by Municipalities and School Districts Resulting from COVID-19'. This legislation is designed to provide flexible solutions for local officials across the Commonwealth as the challenges of the COVID-19 epidemic disrupt the normal process of administering local government. Town Caucus: The Town Caucus date will need to be rescheduled. Annual Town Election: Anyone wishing to take out nomination papers for the Annual Town Election should contact the Town Clerk's Office at (978) 582-4130 extensions 130 and 131. The Town Clerk will coordinate the receipt and drop off of papers. The deadline to submit papers is Monday, March 30# by 5 p.m. and must be mailed to the Town Clerk, P.O. Box 135, Lunenburg, MA 01462. As long as they are postmarked by this date, she will receive Tax payments should only be mailed to the town's lockbox at the following address: Town of Lunenburg, Department 1260, P.O. Box 986500 Boston, MA 02298-6500 ===PAGE 5=== updated. Please make sure you link to the www.DevensHHW.com for the most updated information. Update from Unitil: Unitil's focus in the days and weeks ahead is to ensure essential services remain uninterrupted. Some non- essential services have been suspended. Below is a summary of updates: Services Temporarily Paused: • Collections activities & disconnections - We have temporarily suspended all non-payment service disconnections and collection activities. If you are having trouble paying your bill, know that our Customer service team is there for you to find a solution that works in this difficult time. Non-essential planned electric outages - Unless the work is needed to prevent future disruptions, any planned service interruptions related to maintenance work on the system has been suspended. We are aware many individuals are working from home and children are home from school, and we want to accommodate your needs. Energy efficiency on-premise services - We are temporarily suspending all energy efficiency service activities that require home or business visits, such as energy audits. We believe these programs have great value for our customers and we continue to explore alternatives where possible. • Electricity and gas service - Our pandemic task force is working diligently to find creative means of ensuring our core services remain uninterrupted, ensuring we continue to meet your energy needs in this difficult time. • Customer-requested service - Our techs are still responding to service requests as needed for our customers, including turn offs, turn-ons, and relocation services. Our customer service team is now working entirely remotely and is still taking calls and service requests. • Regular billing and ability to make payments - We continue to offer our full suite of payment and billing options for customers, and our team is standing by to provide assistance through payment plans and other options. We encourage all customers to take advantage of MyUnitil to manage accounts online. • Emergency response - Our priority, as always, remains public safety. Contact us immediately for all gas and electricity-related emergencies and we will be there. ===PAGE 6=== • Adding 15GB ot high speed data for wireless consumer and small business customers to be automatically applied with no customer action necessary. • Providing a new discount internet option for low-income households. • Waiving two months internet and voice service charges for current Lifeline customers. These actions build upon their previous pledges to not terminate service and to prioritize first responders so they can continue to respond to the needs of the communities. Their goal is to ensure their customers have the tools they need to stay connected. More details: https://www.verizon.com/about/news/verizon-helps-eliminate-worry Verizon continues to closely monitor developments related to COVID-19. As the situation evolves, we're working closely with our employees, partners and suppliers to support ongoing business operations and serve our customers' needs. For regular updates, please visit: https://www.verizon.com/about/news/our-response-coronavirus 7 a.m. until 8:30 p.m. Monday thru Sunday. Pharmacy hours are 9 a,m. until 8:30 p.m. Monday thru Saturday and 10 a.m. until 8:30 p.m. on Sunday. The Vision Care Center will not be handling retail sales, only repairs. Hannaford is shortening their daily hours to provide time for additional cleaning and restocking shelves. The Lunenburg Hannaford hours will be changed to 7 a.m. until 9 p.m. Monday thru Sunday. The Pharmacy hours remain unchanged. There will also be a dedicated time when customers who are 60 or over and individuals identified by the CDC as high risk may shop during special hours on Tuesday, Wednesday, and Thursday from 6 a.m. until 7 a.m. The Police Chief provided an in-depth update on March 16th that included information about the steps the Police Department is taking to reduce Officer and citizen exposure to COVID- 19 while protecting the life, property and quality of life of the citizens of Lunenburg. This information can be found on the town website at: https://www.lunenburgma.gov/departments/police. Updates from the School Superintendent: The Superintendent has sent out a number of updates over the last week regarding school closures, continuity of education, food insecurity program, and other responses related to COVID-19. All communications from the School and School Superintendent can be found at https://www.lunenburgschools.net/and will be pushed out through School Messenger and automated calls. The Baker-Polito Administration continues to take steps to limit the spread of COVID-19 in Massachusetts. A comprehensive list of emergency orders and guidance is available on ===PAGE 7=== restaurants, beginning Tuesday, March 17 and effective until Monday, April 6. Food service establishments may have more than 10 employees on premises to provide take-out and delivery services provided they follow social distancing protocols. 2. Discussion on Declaration of Local State of Emergency Ms. Lemieux directed the Board to a local declaration of emergency as well as a list of local communities that have declared local states of emergencies. Ms. Luck asked about the dates of the annual election and town meeting. Attorney Costa clarified because of the special legislation filed, there is no requirement to hold them in any order. He added any ballot questions do not have to be after town meeting vote. Town caucus can be rescheduled as well. Ms. Lemieux noted the local declaration is retroactive to when the Governor declared the state of emergency. All board members stated they had reviewed the draft and Mr. McQuaid asked if this was being declared to ascertain state and federal emergency aid to cover costs associated with the coronavirus. Ms. Lemieux stated yes, and it allows the town to transfer It is questionable where the authority lies for that, but there is an act from 1950, The Civil Defense Act. This is where the Governor looks to declare his state of emergency statewide. There are a couple of provisions that pertain to local government. For some local communities it sends a symbolic message to their community that these are difficult times and the town is undertaking stringent measures to protect the health, safety and welfare of its citizens. It also might ease the ability of the town to qualify for federal aid funding. Ms. Adams asked Ms. Lemieux if we currently had any expenses associated with the outbreak. Ms. Lemieux stated yes, supplies such as IT equipment. I have alerted departments on what types of expenses they need to track. Another qualifier would be there are volunteers delivering meals on wheels; those types of hours are reimbursable. Mr. Jeffreys asked what would be negative aspects of declaring a state of emergency. Ms. Lemieux did not know of any. Attorney Costa also stated he did not know of any. He as well as other attorneys in his list share group have never dealt with a pandemic. There has been a lot of discussion on some of these topics of which we don't have answers. There is no statutory or regulatory guidance. Because of how far we have come over the past two weeks in the commonwealth in a state of emergency, this declaration should not illicit widespread panic. I don't think iere is Town Mat wor of mis and optomerge of pestowel chatter or state regulations. Mr. Alonzo stated he did sign an emergency declaration 12 years ago during the ice storm and that aided getting reimbursed for expenses. Ms. Adams did not see the need to declare a retroactive state of emergency until we have a better understanding what our actual emergency is and believed the state was covering all our needs at this point. Mr. Alonzo stated due to what the Town Manager and Town Counsel have said, this is an attempt to start taking steps and tagging expenses that we wouldn't ===PAGE 8=== issuance or turner orders, support necessary actions the Town may have to make during the emergency typically taken by the Board of Selectmen or the Board of Health. Vote: Mr. McQuaid-aye, Ms. Luck-aye, Mr. Jeffreys-aye, Ms. Adams-abstain, Mr. Alonzo-aye 3. Discussion on Issuance of Court Order to delay Special State Election Ms. Lemieux stated the special state election is scheduled for June 2nd and could be discussed at next week's meeting. 4. Discussion on postponement of the Annual Town Meeting and Annual Town Election Ms. Lemieux referred the Board to the revised schedule for Town Meeting. The new town meeting date would be June 13th and she had sent this out in advance to all involved parties. Mr. McQuaid was curious on what the recommendation for the town election would be so the current board can participate in the town meeting. Ms. Lemieux stated Town Clerk is now looking at June 2 for the annual election. Ms. Lemieux assumed it was to run in congruence with the special state election to conserve resources. Ms. Adams asked when the term would end for the current members due to the change in dates. Mr. Alonzo noted state special legislation dictates the current members would stay in office until an election occurs. Mr. Jeffreys suggested postponing the vote until conferring with the Town Clerk. Ms. Lemieux stated we are going to have to start the budget process from scratch due to this event and even this proposed schedule is going to be challenging. Ms. Luck stated she was unavailable on June 13th so she can't attend town meeting. Different dates were discussed. Motion: D. McQuaid 2n°: M. Jeffreys To approve the revised timeline with the budget calendar concluding with annual town meeting on June 13, 2020 Discussion: Mr. Alonzo stated he would like to see further discussion with the Town Clerk for a different annual election date. Ms. Adams noted one date for both elections was better for less gatherings of that many people and saved money. Mr. Alonzo asked who gets to make the decision on town election. Ms. Lemieux stated as she read the special legislation, it is the BOS who calls the election in consultation with the Town Clerk and the Chief Operating Officer, in this case Town Manager. Attorney Costa confirmed that is where we are as of today. Mr. Jeffreys stated the Town Manager needs additional time to research the financial impact of the pandemic and review the effect of the last state of emergency as far as the tax base and how that was affected. Having a solid budget for next year, this gives her more time. Vote: Mr. McQuaid-aye, Ms. Luck-aye, Mr. Jeffreys-aye, Ms. Adams-aye, Mr. Alonzo- aye 5. Designation of Chairman to Sign Warrants per MGL 41 § 52 ===PAGE 9=== a state of emergency. " Mr. McQuaid amended his second as well. Vote: Mr. McQuaid-aye, Ms. Luck-aye, Mr. Jeffreys-aye, Ms. Adams-aye, Mr. Alonzo- aye Attorney Costa asked if the local state of emergency had an end date. It was noted the BOS would have to lift the local state of emergency at some point. 6. Remote Participation during town office closures Ms. Lemieux stated this was put on the agenda to note that we would be holding our meetings by remote participation until further notice. Mr. Alonzo concurred that all town board and committee meetings will be held in this medium and asked for feedback from viewers. 7. Discussion on Guglietti Dangerous Dog Hearing Outcome Ms. Lemieux directed the Board to an opinion letter from Mead, Talerman and Costa Attorney Kennefick on whether the dangerous dogs can be impounded while the appeal process is ongoing. Attorney Costa reported the Town received a favorable decision upholding the Board's order to euthanize the dogs from the District Court hearing appeal. However, there is opportunity for further appeal to a judge of a district court and then further on to Supreme Court if the party wants to take it that far. This means there are potentially more rounds of litigation ahead. We have not received notice of an appeal to date, but I will tell you that Attorney Kennefick was contacted by Attorney Cohen, who represents the dog owner, and he indicated there would be another appeal coming. There is a 10 day appeal deadline but the court issued an order that froze the courts and statutes of limitations that would apply until April 21st. That is where we are right now. He asked for general questions about the process ahead or what has occurred already. Mr. Jeffreys stated the Gugliettis have a lot of dogs. In the event their kennel license is not renewed and they have more dogs than what is allowed, what are our options? Mr. Costa stated for the viewers watching we need to not confuse the actions that have already been taken under c. 140 § 157 regarding the dangerous dog hearing and the kennel licensing. They are two different issues. If the kennel license is not renewed and the owners continue to keep that many dogs, then action will be needed to be taken such as a cease and desist order. Mr. Alonzo expressed concern about the request to impound the dogs five months after the hearing and now hearing that this appeal process could take years. These dogs caused serious injury to people and they are just allowed to stay where they are, where they have escaped from in the past. It seems to not be in the interest of public satety. Now it we order they be impounded it could be denied because we did not act in a timely fashion. In retrospect we should have. Attorney Costa stated unfortunately urgency is not the court's forte and you are correct this could be lengthy, Attorney Kennefick did note it was not advisable to request to impound the dogs until we know an appeal is filed. We did not expect a pandemic and such a lengthy extent. Now we are waiting until April 21s. It may even be challenging to get into court ===PAGE 10=== Forno, with an option to purchase. According to the BOS policies and procedures, the alcohol licensee has to notify the Board in writing and request approval. Motion: D. McQuaid 2nd: M. Jeffreys To grant permission to close Sean Patrick's as requested Vote: Mr. McQuaid-aye, Ms. Luck-aye, Mr. Jeffreys-aye, Ms. Adams-aye, Mr. Alonzo- aye 9. Bond Anticipation Notes (BAN) for Saliba Property and Ladder Truck Ms. Lemieux reported the BOS was asked to come in yesterday to sign the bond anticipation notes for the Saliba property purchase loan as well the ladder truck borrowing. This is the notice to the public. 10. Discussion on the Town Manager Performance Evaluation process and timeline Mr. Alonzo noted the process and form were determined earlier in the year and contractually it has to be done before town election. A lot of this is predicated on the Town Manager's self evaluation, so requested a timeline by next week from her. Ms. Lemieux stated she could have a proposal by the next meeting. Mr. Alonzo offered to work with her on this. He advised the members familiarize themselves in advance of the procedure detailed in their packet. 11. Executive Session Minutes for Release (O'Brien Homes) • Sept. 15, 2015 August 30, 2017 June 18, 2018 (Session I) Sept. 18, 2018 January 3, 2019 • January 15, 2019 Motion: D. McQuaid 2nd: P. Luck To approve and release executive session minutes as listed Vote: Mr. McQuaid-aye, Ms. Luck-aye, Mr. Jeffreys-aye, Ms. Adams-aye, Mr. Alonzo- aye There were no other minutes, warrants, action items or committee reports this evening. OLD BUSINESS 1. Discussion on Fiscal Year 2021 Budget, FY21 Capital Plan, Five Year Financial Forecast and Annual Town Meeting Warrant articles Ms. Lemieux stated she could comment on this later in the meeting. ===PAGE 11=== aye Ms. Luck thanked Ms. Comeau for continuing to serve the Town. TOWN MANAGER REPORT Ms. Lemieux stated we will be starting from scratch for the FY21 budget. I have asked the Finance Director who is working with the Collector/Treasurer for revenue projections for the remainder of this year as well as next fiscal year. After talking to the state officials, we will receive our local aid payments for the remainder of the year. We have yet to discuss with the state the local and chapter funding for next year. Now that we have the town meeting date l will reach out to the Finance Committee with the updated schedule with the budget meeting so they can begin their process again. In regards to FY20, for the remainder of the year I have notified department heads that there would be a spending freeze for the remainder of FY20 for all non-essential items and hiring, excluding grant funds. I also emailed the TC Passios Building design committee and advised them that at this time we are responding to everything related to Covid-19 and everything else is being put on hold. I suggested due to uncertainty in the current fiscal arena that we hold off or do a very limited scope with the design firm. We have a PEC (Public Employee Committee) meeting tomorrow to discuss dental insurnace options. We are looking at Blue Cross Blue Shield for coverage; we currently use Altus. I did get confirmation that we would get the full $165,000 earmarked for the fuel tank replacement. Work should begin in the next couple of weeks. Mr. Alonzo stated their next meeting would be on March 31s with the same venue used tonight. He thanked Town Manager, Town Counsel and all the people who work for the Town who have come together in this time of crisis across the town and state. Together we will get through this and it will work out. Please watch out for your neighbors, check in with them. Give them a phone call, share correct information. The Red Cross is asking for blood donations. My hat goes off to all the nurses, doctors and first responders who are out there on the front lines. Ms. Adams echoed Mr. Alonzo's statement and hoped this would be over soon. PUBLIC COMMENT Teri Burchfield, Finance Committee Chair, stated they are going to try to organize a meeting for next Thursday night. They are looking forward to working through the process and getting everything done in time for town meeting. Michelle Belleza, Boys and Girls Club Executive Director, thanked the BOS for doing this, everything looks good. She wanted to share that United Way of North Central Mass, located on John Fitch Highway in Fitchburg, has a fund called the Covid-19 Stand United Fund. 100% of the funds collected will go towards our local community for immediate needs such as assistance with rent, diapers, formula etc. You can text CovidHelp to 50155 to donate or go to http://www.uwncm.org/donate-uwncm They have raised over $60,000 so far. ===PAGE 12=== To adjourn the meeting at 9:0s p.m. Vote: Mr. McQuaid-aye, Ms. Luck-aye, Mr. Jeffreys-aye, Ms. Adams-aye, Mr. Alonzo- aye Respectfully submitted, c Claire m. Peterson Elaine M. Peterson Executive Assistant to the Town Manager