===OCR macOS Vision=== ===PAGE 1=== Members present: Tom Alonzo, Chairman; Michael-Ray Jeffreys, Vice Chairman; Katey Adams, Clerk; Todd Dwyer, Jim Marino Also Present: Town Manager Heather Lemieux, Casey Burlingame, Building Commissioner; James Xarras, Margot Xarras, Ken Ricker, Dan Proctor, Attorney Rob Bowen Chairman Alonzo called the meeting to order at 7:01 p.m. and announced in accordance with the requirements of the Open Meeting Law, please be advised that this meeting will be recorded and broadcast live over the Lunenburg public access channel, and will be able to be found on the Lunenburg Access YouTube channel within 24 hours after the meeting. Mr. Alonzo read the remote meeting information and asked if everyone was present and could be heard. The meeting opened with the Pledge of Allegiance that was recited by Ms. Adams. PUBLIC COMMENT: Rob Bowen, 1686 Massachusetts Ave., wanted to compliment Town Manager Lemieux when she attended a Chamber of Commerce session on how local communities are dealing with Covid- 19 and she acquitted herself very well and thought he would let the Board know she did a great job representing the town. Greg Roy, 105 Chestnut Street, representing the TCP Building Design Committee, announced they have some upcoming meetings on August 31, September 10 and 21 at 6:00 p.m. via Zoom. The committee is interested in hearing any and all voices, particularly organizations that have some interest in this project. He directed the public to their webpage and their members email addresses. APPOINTMENTS 7:05 PM Public Hearing for an application to Transfer an All Alcohol On Premise License to Embers Lounge & Restaurant LLC d/b/a Embers Pizzeria, 84 Lakefront St. & Temporary Extension of Premises to 55 x 20 feet through November 1, 2020 & 'Common Victualler License for Embers Lounge & Restaurant LLC Mr. Alonzo read the hearing notice: The Lunenburg Licensing Authority will hold a public hearing on Tuesday, August 18, 2020 at 7:05 p.m. on the application submitted by Embers Lounge and Restaurant, LLC d/b/a Embers Pizzeria for the transfer of an All Alcoholic Beverages, General On-Premises license, located at 84 Lakefront Street, Lunenburg, MA. The premises is described as a one story wood frame building with two entrances and exit containing a lounge, dining room, kitchen, outdoor storage room and a 640 square foot outdoor dining area. Tom Alonzo, Chairman Lunenburg Licensing Authority. Margot and James Xarras, applicants, and Ken Ricker, current owner were present for the hearing. Mr. Alonzo directed the Board to the documents in the application packet. Mr. Xarras stated they planned to purchase the property and maintain the current operation. ===PAGE 2=== remain the same. When asked by Mr. Alonzo, Ms. Lemieux stated everything concerning the license application was in order. Motion: J. Marino 2nd: T. Dwyer To approve the transfer of the all alcohol onpremise license, the temporary extension of the outdoor premises through November 1st and the common victualler license Vote: Ms. Adams-aye, Mr. Marino-aye, Mr. Dwyer-aye, Mr. Jeffreys-aye, Mr. Alonzo aye Earth Removal Permit Renewals: PJ Keating Company Permit #15, 16, 17, 27, 30, 57; Dan and Jean Proctor, 1325 Mass Ave Permit #60 Mr. Alonzo referred the Board to the memos from both Mr. Burlingame and Land Use Director Adam Burney with their recommendations for the renewals of the permits. Mr. Burlingame stated everything was in order and that he had inspected all permit sites. Mr. Alonzo asked him if he had responded to residents' concerns regarding the 1325 Mass. Ave. permit. Mr. Burlingame stated he had responded and had visited the site with Mr. Burney on August 11th. Their main concern was the rear berm which has been done with the exception of the seeding due to the time of year. He had no issues with any of the permits up for renewal after his site visits. Mr. Jeffreys had asked about the rear berm being completed by November and it seems like that is going to happen. Mr. Proctor stated the seeding will be done before the end of September. Ms. Adams asked if the site plan approval requirements have been met. Mr. Burlingame confirmed and added it is still an active site and seeding would not be successful during this heat. Mr. Proctor reported he had a water truck onsite to keep dust under control and calcium flakes are placed in the driveway to keep the dust down. The seeding that was done to date was basically stripped and piled loam and they were hydroseeded for erosion control. The detention basin has been formed to protect the wetlands from runoff. We are screening the loam offsite due to dry conditions. To date 2900 yards of material has been removed; probably 1000 yards of that was topsoil and it will be screened offsite and returned in September. Attorney Bowen representing Mr. Proctor, noted that the permit that the Board is issuing already states that it is subject to the applicant meeting the conditions of other boards including the Planning Board. So from a legal perspective he appreciated the concern, but did not think technically the Select Board can repeat the conditions that already exist from the other boards because of the way the permit is written. Pam Anzaldi, 70 Townsend Harbor Road, questioned the height on the left side of the berm closest to her property is still at about 3½ feet. Is Mr. Proctor planning on bringing that up the level that was agreed to? Mr. Proctor stated he would and would be bringing in additional loam to put on top of it. He explained that according to the grade the height would vary from 4-6 feet depending where it was on the site. Clifford Smith, Ms. Anzaldi's husband, stated on a number of occasions it was agreed to bring the berm up to 6 feet. Mr. Alonzo stated Mr. Proctor would have to go by what was originally approved by the ===PAGE 3=== Vote: Mr. Marino-aye, Mr. Dwyer-aye, Mr. Jeffreys-aye, Mr. Alonzo-aye, Ms. Adams- nay Mr. Alonzo thanked all for attending. INTERVIEWS/APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS Fence Viewer- Timothy Willsmer- 762 Northfield Road Mr. Willsmer was not present for the interview. Ms. Lemieux requested tabling until she consulted town counsel about the responsibilities of this appointment. CURRENT BUSINESS 1. ACO Quarterly Report (April - June 2020) There were no questions regarding this report. Mr. Alonzo thanked the ACO and Police Dept. for providing it. 2. Discussion on holding public meetings at other buildings Ms. Adams believed this was a good time to revisit this issue and noted the work Ms. Lemieux has done to improve access for handicapped people to the Town Hall but suggested meeting at the large room at Eagle House Senior Center or a collaborative classroom in the Middle/High School. The only hurdle previously presented as a reason not to was the technology aspect, but she noted we are not meeting at Town Hall but we are still recording our meetings. She hoped they would consider meeting someplace other than the 2n° floor of Town Hall for improved ADA compliance. Discussion ensued that the Town Hall space was not the best but to move around to different venues was not desirable and that is the reason the Town was exploring moving to the TCP Building. Other issues would be that the cable staff would have to continually set up and break down equipment in buildings not under the Town's purview and availability was not guaranteed every Tuesday for those other rooms. Ms. Adams asked Ms. Lemieux about liability concerns staying in the current space. Ms. Lemieux stated the Town would have to receive a complaint and follow up to see if we are in violation. The reason we are conducting a self-assessment and transition plan through MRPC is to look at all our facilities and properties to make sure we are in compliance and to put together a plan to ensure we are in compliance. Motion: K. Adams 2"°: J. Marino Once the Select Board starts meeting again that we meet in the Eagle House community meeting room to enhance accessibility Discussion: Ms. Lemieux noted this has not been discussed with the Council on Aging. We should get their input if that location is being suggested. Right now they are planning months out of programming where is it is very limited and would be bringing a limited amount of people ===PAGE 4=== space and if she identifies one, we vote on that location. Mr. Marino concurred with Mr. Dwyer adding the meeting room at Eagle House is not as big as it looks. Further discussion ensued on the pros and cons of going elsewhere. Vote: Ms. Adams-aye, Mr. Marino-aye, Mr. Dwyer-nay, Mr. Jeffreys- nay, Mr. Alonzo- nay 3. Election Warrant for 2020 State Primary Mr. Alonzo stated the Town Clerk has submitted an election warrant for the September Primary, it was noted the time of election hours listed was incorrect (7- 8 a.m.) on the warrant. Mr. Alonzo read the elected seats that were up in the primary. Motion: M. Jeffreys 2n°: T. Dwyer To approve the September election primary with the time amended to 7 a.m. to 8 p.m. Vote: Ms. Adams-aye, Mr. Dwyer-aye, Mr. Marino-aye, Mr. Jeffreys -aye, Mr. Alonzo - aye Mr. Alonzo referred citizens to the town website to see the various options for voting during the election. 4. Approval of Minutes- there were none 5. Warrants- there were no warrants to report this week 6. Action Items- there were none 7. Committee Reports- Mr. Jeffreys reminded Lunenburg senior citizens about the drive through coffee and brown bag lunch programs at the Senior Center and the availability of coupons for the Lunenburg Farmers Market, if you are income- eligible. He reported the TCP Building Design Committee (TCPBDC) met last night with the architect/engineering consultant. They have conducted a digital scan of the interior and exterior of the building and noted depending on how much of the building gets renovated that could result in the requirement of additional upgrading of building code requirements. About 33% of the brick exterior is going to need repointing and all architectural finishes will need to be replaced. There will need to be substantial changes to the electrical and fire safety systems. There is an environmental report that is 276 pages long; we are already aware that there is asbestos present and there was an oil spill a while ago. So it's a comprehensive report and there is nothing that we are not already aware of. They are meeting with town personnel to get an idea of space needs as well as with the after school program needs and PACC's needs. They would like to hear from any community organizations too. ===PAGE 5=== 2. Discussion about Reinstating Liaisons Mr. Alonzo opened the discussion by asking for suggestions of the boards that should have a Select Board liaison. The suggestions were: • Public Library/Trustees • Council on Aging (COA) • Planning Board • School Committee • Finance Committee Discussion of what a liaison should be ensued. Mr. Marino volunteered for the Finance Committee, Mr. Jeffreys wanted to remain with COA and the Library. Mr. Dwyer will cover Planning Board. Mr. Alonzo will cover the School Committee. Mr. Alonzo stated if any additional board comes up we can revisit it. TOWN MANAGER REPORT AND COVID-19 UPDATE Announcement on Existing Vacancies: The following is a list of vacancies on the following committees: • Americans with Disabilities Act Commission (1 vacancy) • Architectural Preservation District Commission (3 vacancies) • Capital Planning Committee (1 vacancy) • Historical Commission (3 vacancies) • Library Board of Trustees (1 vacancy) SeniorProperty Tax Work Off Committee (1 vacancy) • Zoning Board of Appeals (2 Associate vacancies) Interested persons can find application forms on the Town Website and completed forms can be sent to the Board of Selectmen's Office. Request to Rename a Tributary off of Mulpus Brook: The U.S. Board on Geographic Names (BGN) has received a proposal from a resident of Lunenburg to apply the new name Balish Brook to an officially unnamed stream that flows into Mulpus Brook in Cowdrey Nature Center. The Board of Geographic Names isresponsible by law for standardizing geographic names for use by the Federal Government and accepts proposalsto name unnamed geographic features or changethe names of already named geographic features. Because the Board of Geographic Names places importanceon localopinion when it votes on these proposals, local governments whoare electedto represent its citizens who might have an interest in the namingare asked for their input. Thisrequest was received by both the Board of Selectmen and the Conservation Commission. ===PAGE 6=== Fall 2020 Elections: The Town Clerk's Office has posted a comprehensive Voter Options Guide for the fall 2020 Elections on the town website with everything voters need to know including their voting options, deadlines for registering to vote and deadlines for mailed ballots. This can be found by going to the Town Clerk's page and clicking on the link at the bottom titled "Fall Voter Information 2020". Early voting for the September 1st State Primary will begin on Saturday August 22nd and run through Thursday, August 27th. Early voting on the weekends will be at Town Hall and will be at Parish Hall at 39 Main Street during the week. Request to Purchase Town Owned Land at 671 West Street: An abutter to the town owned land at 671 West Street has inquired about purchasing a 100 × 150 foot parcel to extend their current lot. This parcel was acquired by the Town in 1957 for the erection of a school. In October of 2002 the Town voted to rescind the 1957 vote designating the land be taken for school purposes and transferred it to the Board of Selectmen for general municipal purposes and authorized them to sell all or portions to various abutting landowners. Our records indicate that 5 portions of the property were sold in 2010. I also notified Conservation and Open Space about this inquiry and if either committee had interest in this parcel and the Open Space Committee will be having a meeting this Thursday with this topic on their agenda. The Conservation Commission has expressed an interest in this parcel, as well as five other town owned parcels under the care of the Board of Selectmen that they may be requesting be transferred for conservationpurposes. November Special Town Meeting: At the September 1st Selectmen's meeting, the Board will vote on setting a date for the fall Special Town Meeting and the opening and closing of the warrant. In order to plan well in advance, I would ask the Board to also discuss the safety precautions that will be in place for the November Special Town Meeting at the September 1st meeting so that this can be advertised well in advance and included in the Special Town Meeting warrant booklet. DPW Update: We continue to advertise for three Equipment Operator/Laborer vacancies and conduct interviews but to date have had no success in filling those positions, primarily due to the lack of qualified candidates and the low rate of pay. The Highway Division is down 50% right now and this staffing shortage has put the DPW at a significant disadvantage in completing all the necessary work to maintain our roadways. Not only are we significantly understaffed, but the Highway Division has spent a significant amount of time in the last few months in assisting the Cemetery Division and Parks Division to maintain those properties. The LUK program kids were a significant help during June and July but now that two of the three kids have left and the third is leaving at the end of the month, we will no longer have this supplemental help. ===PAGE 7=== • The Conservation Commission has a meeting on Zoom on Wednesday, August 19th at 7:00 p.m. • The Open Space Committee has a meeting on Zoom on Thursday, August 20th at 6 p.m. • The Library Board of Trustees has a meeting on Zoom on Thursday, August 20th at 6:45 p.m. The Planning Board has a meeting on Zoom on Monday, August 24th at 6:30 p.m. • Town Counsel will hold office hours on August 26th from 9 a.m. until 1 p.m. COVID-19 in Lunenburg and Board of Health Notices: The Board of Health issued their weekly update and as of August 14th there are 75 confirmed positive cases in Lunenburg and one death. Town Facilities: Town Facilities, excluding the Library and Eagle House, are currently open to the public from 10 a.m. until 2 and by appointment outside of those hours. As a reminder, those entering are required to wear a face mask, use the hand sanitizer in the entry way of the building, and exit through the rear of the building. Schools: At the August 5'' School Committee meeting the School Superintendent recommended and the School Committee voted to proceed with a hybrid model to begin the school year. The first day of school for students in Grades 1-12 will be Wednesday, September 16". COVID-19 in Massachusetts (as of 8/13/20): As of August 13th there are 113,517 COVID-19 cases and 8,568 deaths and 1,381,178 patients have been tested to date by the MA State Public Health Laboratory, hospitals and commercial laboratories. Current Status: Step One of Phase II: Due to the recent increase in positive cases, step two of phase IIl of the Commonwealth's reopening plan has been postponed indefinitely. Updated Gatherings Order: Governor Baker signed an updated gatherings order, which took effect Tuesday, August 11, which: • Reduces the limit on outdoor gatherings from 100 to 50 people indoor gatherings limit will remain at 25 people • Applies these limits to all types of gatherings, on both public and private property • Requires face coverings where more than 10 people from different households will be mixing. • Updated Restaurant Guidelines: Restaurant rules have been updated to state that alcoholic beverages may only be served for on-site consumption if accompanied by orders for food prepared on-site. The administration will be taking ===PAGE 8=== Complete the Massachusetts Travel Form prior to arrival, unless you are visiting from a lower-risk state designated by the Department of Public Health. • Quarantine for 14 days or produce a negative COVID-19 test result that has been administered up to 72- hours prior to your arrival in Massachusetts. If your COVID-19 test result has not been received prior to arrival, visitors, and residents must quarantine until they receive a negative test result. Failure to comply may result in a $500 fine per day. Baker-Polito Administration Releases Enhanced Community Level Data on Spread of COVID-19 On Tuesday, August 11", ", the Baker-Polito Administration released additional data on community level spread of COVID-19 in order to target additional resources and implement community specific strategies to stop the spread of the virus. While Massachusetts has seen an overall decrease in COVID-19 cases and hospitalizations since May, there has been a slight uptick in certain communities recently. The Administration released data on the average daily cases per 100,000 residents, average percent positivity, and total case counts, for all 351 Massachusetts cities and towns over the last two weeks. Based on the average daily cases per 100,000 residents, each city or town has been designated as a higher risk, moderate risk, or lower risk community. Going forward, this information will be updated and included in the Department of Public Health's weekly public health dashboard, which is published each Wednesday. Any city or town designated higher risk is considered to have a high level of COVID infection, and will receive additional support from the Commonwealth to address the spread of the virus. Stop the Spread Initiative: As part of the Stop the Spread Initiative launched by the Baker-Polito Administration, there are 17 free testing sites in higher risk communities. All residents in these 17 communities, including asymptomatic residents, are urged to get tested and these free testing sites are also open to all Massachusetts residents. For a list of the free testing sites visit: https://www.mass.gov/info-details/stop-the-spread. Mr. Alonzo reviewed the upcoming meetings is September: September 1, 8, 15, 22 PUBLIC COMMENT: Ms. Adams apologized for her demeanor this evening because she sensed negativity from the board members. Mr. Alonzo stated the board would be entering EXECUTIVE SESSION for the following: Motion to enter into Executive Session and to adjourn after exiting Executive Session: Pursuant to M.G.L. c. 30, Section 21, Paragraph 3, to discuss strategy with respect to litigation, where an open meeting may have a detrimental effect on the government's litigating position and the Chair so declares, namely Aldrich, et al. v. Board of Selectmen of the Town of Lunenburg, et al., Worcester Superior Court Docket No. 1985CV00647, Lunenburg Bd. of Health v. Gonynor, et al., Central Housing Court Docket No. 04H85CV000229, Massey v. ===PAGE 9=== aye The meeting adjourned at 9:00 p.m. ****************EXECUTIVE SESSION MINUTES ARE SEPARATE************* Respectfully submitted, Claire M Peterson Elaine M. Peterson Executive Assistant to the Town Manager