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Clerk; Todd Dwyer, Jim Marino
Also Present: Heather Lemieux, Town Manager; Adam Costa, Town Counsel
Chairman Alonzo called the meeting to order at 7:00 p.m. and announced in accordance with the
requirements of the Open Meeting Law, please be advised that this meeting is being recorded and
broadcast over the Lunenburg public access channel. 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. Mr. Alonzo read the remote meeting information for anyone who
would like to join the meeting. He asked if everyone was present by roll call.
The meeting opened with the Pledge of Allegiance that was recited by Ms. Adams.
PUBLIC COMMENT:
There was none at this time.
ANNOUNCEMENTS:
Ms. Lemieux reminded about the Community Outreach Meeting at 7:00 p.m. for a proposed
recreational marijuana business located at 88 Massachusetts Ave. Unit #1 will be held via
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To participate go to https://us02web.zoom.us/j/5689610481
If you would like to provide a comment or question before the meeting, please send
them via email at infogreenleafbotanicals@qmail.com
APPOINTMENTS:
Mr. Alonzo announced their first appointment with Smokestack Roasters LLC, will need to be
rescheduled as the owner has no power at their house to make the Zoom meeting.
TOWN MANAGER REPORT AND COVID-19 UPDATE
COVID-19 in Lunenburg:
The Board of Health issued their weekly updates for the last two weeks:
• The cumulative laboratory confirmed number of COVID-19 cases reported to the Town as of
January 22nd
was 519 and one death. The State report shows 495 as of January 19th. This is an
increase of 44 cases from the previous week.
• The cumulative laboratory confirmed number of COVID-19 cases reported to the Town as of
January 29* was 546 and one death. The State report shows 523 as of January 26th. This is an
increase of 27 cases from the previous week.
Vaccination Clinic for Residents Age 75 and Older:
Tomorrow the Nashoba Associated Boards of Health will be running a vaccination clinic in Devens for
residents in the member communities that are 75 and older. They had a very limited supply of vaccines
available for this clinic and the Eagle House Senior Community Center helped schedule these appointments
for the 16 available slots for Lunenburg residents. There is currently a waiting list of 49 people for the next
available clinic.
The Nashoba Associated Boards of Health has a limited amount of COVID-19 vaccines and the Eagle
House Senior Community Center staff will continue taking names and phone numbers of Lunenburg
residents ages 75 and older to be placed on this waiting list. Nashoba Associated Boards of Health will be
trying to run weekly clinics as vaccines become available in our area. Clinics will be held at a central
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Today the Governor's Office provided municipalities with a Temporary Constituent Services Resource to
assist with COVID vaccine registrations for seniors 75 and older who do not have access to internet. This
will allow our senior center staff to submit intake forms with the seniors contact information so that a live
person can call the senior back to register them over the phone. This is a temporary measure until a public
access phone goes live by the end of this week.
Ms. Lemieux noted there were very many frustrated seniors contacting the Senior Center and across the
state from what she heard from other towns. She reached out to our legislative delegation who sent letters to
the Governor's office.
Regional Discussion on Vaccination Rollout Plan:
The Town Administrators and Town Managers within the Nashoba Associated Boards of Health district
held a meeting today to discuss how we can work together to create a super site in our region and
collaborate with the Nashoba Associated Boards of Health and our legislators for creating this site. We all
realize that the real issue here is the lack of supply of vaccines and the limited amount Boards of Health
and our own Nashoba Associated Boards of Health are allocated. However, having a plan in place for the
entirety of the vaccination rollout will be instrumental as we all hope the supply increases going forward.
COVID-19 in Massachusetts (as of 1/28/21):
As of January 28th there are 488,861 COVID-19 cases and 14,056 deaths and 13,309,441 patients have
been tested to date by the MA State Public Health Laboratory, hospitals and commercial laboratories.
Announcement on Existing Vacancies:
The following is a list of vacancies on the following committees:
• Architectural Preservation District Commission (1 vacancy)
• Cultural Council (1 vacancy)
• Historical Commission (1 vacancy)
• TCP Building Design Committee (1 vacancy appointed by Select Board and Town Moderator
for member at large)
• Zoning Board of Appeals (1 Associate vacancy)
• By-Law Review Committee (4 vacancies)
• Senior Tax Work Off Program Committee (1 vacancy)
Interested persons can find application forms on the Town Website and completed forms can be sent
to the Select Board's Office.
Invitation for Bids/Request for Proposals:
The Cleaning Services bids were due on January 20th but due to inconsistencies in the bids, we
decided to reject all the bids and re-bid this service. The Assistant Town Managerrevised the bid
package and re-advertised. Bids are due on February 18th.
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be making further announcements at a later date on whether this Will be for the month old uly or
a different month in fiscal year 2022. This is a significant savings for the town and school
budgets and for employees with health insurance through the Town will be receiving.
The Holiday Premium for one full month in FY 2022 will result in the following savings:
• Between $233,000-$240,000 savings for active plans for health insurance for school
personnel (in theschool budget);
• Between $59,000-$60,000 savings for active plans for health insurance for town
personnel (in the town budget);
• Approximately $17,000 in savings for town retiree health insurance plans (in the town
budget;
• Approximately $32,000 in savings for school retiree health insurance plans (in the town
budget).
Department Updates:
Assessors: The 1st Motor Vehicle Excise Commitment will be sent out on February 12th. The contractor
that handles the assessments for industrial and commercial properties is currently out doing inspections
and the Principal Assessor expects some new growth revenue from these inspections.
COA: The Senior Center staff has been inundated with calls requesting information and assistance with
vaccine registration. The staff is keeping a list of all eligible seniors that can be contacted when clinics
become available. The Senior Center has been doing Bingo, Book Club, Coffee Shop via Zoom and will
be doing a Memory Cafe via Zoom shortly. The Center continues to run the Grab and Go drive thru
events including giving out emergency kits and a Take Home Tea Party. The Director said they will do a
"soft opening" as the numbers decline with 10 or less people at events such as Bingo and Grief Support.
Police: The Police Chief reported they have ordered the Body Worn Cameras and those will be
implemented in the next 1-2 months. One of the new cruisers is now on the road and the ACO vehicle has
been received and is currently being outfitted.
Information Technology: The IT Director reported that our Remote Meeting Coordinator worked on a
website project to update the Business Directory and it is now complete with pictures and links to those
businesses that signed up that they wanted their information on our website. The IT Director has been
corresponding frequently with the TCP architect on networking and IT system information items for the
design of that proposed project.
Public Access: The Cable Manager reported they have had issues with broadcasting the Zoom
meetings and they do not believe it is not an internet bandwidth issue but believe it is related to
the CASTUS server. The Cable Manager also reported she has been corresponding frequently with
the TCP architect on cable equipment and related issues for the proposed project.
Fire: The Fire Chief reported that the Ambulance that was hit by a driver weeks ago will be back in-
house and the Fire Engine that had an electrical issue will be back in 1-2 weeks.
Land Use: The Land Use Director reported that the Planning Board is working on the Rules and
Regulations forsubdivisions.
Collector/Treasurer: The Collector/Treasurerreported thattherearecurrently 66 propertiesin tax
title for the 2020 taxes. Normally this number is between25-26. A notice of delinquency was
sent on January 25th and this allows 14 days for the delinquent taxpayer to pay and a Notice of
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drainage issue areas are being surveyed and the field work has been completed. McCarty
engineering will be doing the survey work for the ADA project at the North Cemetery parking lot
and the construction part ofthis project will occur in the spring. The Monty Tech students have
been moving along on the garage at the North Cemetery. The DP W Director iscurrently looking at
possible culvertsthat would be eligibleunder a DER grant, which must have an ecological impact.
The fuel tank installation is on schedule to be complete by February 5th.
Finance Director: The Finance Director has been reviewing revenues on a monthly basis and
as of 12/31/20 we were 3% higher in overall revenues compared to the same quarter in FY20.
Departments are spending on target with their budgets and snow removal expenditures are looking
good.
Town Clerk: The Town Clerk reported that the town census forms have been sent out and are
coming in slowly. The Town Clerk stated she is not sure if there will be a Town Caucus this year but
announced that nomination papers are available.
Meetings, Events and Other Announcements:
• The Conservation Commission has a meeting on Zoom on Wednesday, February 3rd at 7:00
p.m.
• The Sewer Commission has a meeting on Zoom on Thursday, February 4th at 5 p.m.
• The Community Outreach Meeting on the proposed adult retail marijuana establishment at
88 Mass Ave is on Zoom on Thursday, February 4th at 7 p.m.
Mr. Jeffreys asked if there is an emergency response plan in the event of a catastrophic event at
the pumps and the underground tanks and if there is a policy with training materials for the
operation of the new pumps and information on how to activate the emergency response plan.
Ms. Lemieux will follow up with the Emergency Mgmt. Director and the DPW Director for that
information.
I. OLD BUSINESS
1. Discussion on Fiscal Year 2022 Budget, Capital Plan, Financial Forecast and Annual
Town Meeting Warrant articles
Mr. Alonzo referred the Board to the draft Annual Town Meeting (ATM) warrant articles to
date. There were no questions at this time.
I. CURRENT BUSINESS
1. Approval of Minutes of December 15, 2020
Motion: M. Jeffreys
2nd: K. Adams
To approve the minutes of December 15, 2020 as presented
Vote: Ms. Adams-aye, Mr. Dwyer-aye, Mr. Marino-aye, Mr. Jeffreys- aye, Mr. Alonzo-
aye
2. Warrants
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3. Action Items- there were none at this time
4. Committee Reports
Ms. Adams reported she met on site at the old Primary School with the Monty Tech students
and the teacher (Jesse, who would be providing a rendition of what the site could look like as
an open space. The students appeared excited to work on the project.
Mr. Jeffreys reported the Library Trustees met and the Beanstalk Winter Reading program is
halfway done and there have been more than 30,000 minutes logged. This is funded by the Friends
of the Library. They also purchased a camera to record in-house virtual content. Last fall they
created a strategic plan subcommittee to develop a three year plan that attains multi-year goals
and objectives. Once developed this is a source document to help secure grant funding for library
technology programs and different building needs.
He reported the TCP Building Design Committee met with the architect to receive cost estimates.
Due to water lead levels, it is being recommended to replace the plumbing system. Although the
boilers are in good condition, the heat ducts and blowers are not, so it would need to be upgraded.
A new roof is going to be needed as well as significant ceiling and wall work. If 50% of the
building is upgraded, it pushes the construction into a level 3 type project which mandates
meeting building code in several areas. The initial estimate was $16 million, but when you add in
the contingent items, it is $21 million. There are several measures that could be taken to reduce
the cost such as not moving walls or current door openings, having the building empty during
construction, etc.
Mr. Alonzo reported Capital Planning Committee met and we will be meeting in March to review
the Select Board's financial policies and how they pertain to the Capital Planning process.
Meeting with Town Counsel Regarding Discussion on Carrying Firearms on Town
Property and Hunting on Conservation Land
Attorney Costa and Conservation Commissioners Bob Pease and Richard Bursch were also
present for this discussion. Mr. Alonzo referred to town counsel's opinion on the RIGHT TO
POSSESS FIREARMS ON TOWN-OWNED PROPERTY.
Attorney Costa summarized his written opinion.
"Lunenburg would likely be within its rights to adopt a restriction on or prohibition of the possession
of firearms on certain properties owned by the Town. (I note the Town has already adopted a law
regarding the discharge of firearms: General Code, § 145-1, providing that "Inlo person shall fire or
discharge any firearms or explosives of any kind within the limits of any highway, park or other
public property, except with the consent of the Board of Selectmen... ") Any ban on firearm
possession should expressly exempt law enforcement officers engaged in the performance of their
official duties, as is probably effected anyway by G.L. c. 41, $ 98 ("police officers of all cities and
towns may carry within the commonwealth such weapons as the chief of police or the board or
officer having control of the police in a city or town shall determine.")
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If land has been conveyed to the Town
"in the care, custody and control of the Conservation
Commission," the Commission may regulate its use consistent with any Town laws, bylaws, rules and
regulations of general applicability. At present, and to my knowledge, a restriction on or prohibition
of firearms would not run afoul of any Town Bylaw or other rule, regulation or policy.
Lands in the care, custody and control of public bodies other than the Conservation Commission
(and School Committee), e.g. the Board of Park Commissioners, present a quandary of sorts,
regarding jurisdiction and the authority to regulate activities thereon, e.g. possession of firearms.
That is because, on the one hand, G.L. c. 40, § 3, quoted above, applies, as does, for example, the
Park Commissioners' authority, per the Charter, to "make rules for the... use and government" of
public parks. See Town Charter, § 3-9(b). On the other hand, however, the Charter vests you, as
Town Manager, with "full jurisdiction over the rental and use of all town facilities and property
except property under the control of the school committee and the conservation commission." See
Town Charter, § 4-2(1). It is difficult to reconcile these Charter provisions, especially in the context
of the underlying statutory provision. I believe that the Park Commissioners' policymaking authority
probably includes the right to dictate permitted and prohibited use(s) of park lands (again consistent
with any laws of general applicability; per the Town Charter, § 3- 9(b), the role of the Town
Manager is more about "day-to-day care and maintenance." But I am unprepared to say so with
absolute certainty, as the language lends itself to multiple interpretations."
Discussion ensued on the difference between allowing hunting and carrying a firearm on
town land and the possibility of infringing on constitutional rights and the possibility of
liability.
Mr. Pease asked for confirmation from Attorney Costa that hunters do not have to go before
the Select Board in order to hunt on Hunting Hills conservation land as it is already allowed
as a use. Mr. Costa did not have an answer for him due to the wording but will get an
answer back to him.
Mr. Alonzo asked for the restriction wording in its full text to review it. He asked Mr. Pease
was the prohibition of hunting on conservation land added in 2011 when the commission's
land use regulations were revised or did it already exist? Neither Mr. Pease nor Mr. Bursch
could recall. Mr. Alonzo requested Ms. Lemieux to see if an earlier version was available.
Ms. Adams asked who the enforcing authority would be for a violation. Mr. Bursch stated
the regulations state it should be reported to the Conservation Administrator and the Police
and/or Fire Depts.
Mr. Dwyer stated he looked forward to and supported the Conservation Commission
updating their land use regulations and making reasonable adjustments to eliminate the
possibility of legal headaches in the future.
Mr. Marino suggested creating or amending a by-law to avoid future challenges such as the
Town of Carlisle did.
Mr. Jeffreys thanked the commissioners for attending this evening and their work on this
topic. Mr. Alonzo agreed. He requested the commission post the proposed land regulations.
They will be placed on the website.
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see warshop on appointments on February
PUBLIC COMMENT
Ms. Adams asked about the live cable broadcasting issues. Ms. Lemieux stated it was an
equipment problem, not the internet and it was being worked on. Discussion turned to
accessibility for the public to see these meetings live.
Mr. Alonzo announced the Board would entering Executive Session.
Motion: K. Adams
2nd: T. Dwyer
To enter into Executive Session: Pursuant to MGL c. 30, Section 21, Paragraph 3,
to discuss strategy with respect to litigation if an open meeting may have a
detrimental effect on the litigating position of the public body and the chair so
declares (192 Townsend Harbor Road) and pursuant to MGL c. 30, Section 21,
Paragraph 3, to discuss strategy with respect to collective bargaining if an open
meeting may have a detrimental effect on the bargaining position of the public
body and the chair so declares.
(Municipal Employees Union, Fire Union, and DPW Union) and to adjourn after
exiting Executive Session
Vote: Ms. Adams-aye, Mr. Marino-aye, Mr. Jeffreys-aye, Mr. Dwyer-aye, Mr. Alonzo-
aye
The meeting adjourned at 8:37 P.M.
Respectfully submitted,
Elaine M. Peterson
Elaine M. Peterson
Executive Assistant to the Town Manager