# select-board — 7 documents, concatenated for reading and search # # This is a CONVENIENCE BUNDLE, not a source. Every document below is # published separately and byte-identically; cite the individual file, # whose path is given in each header, rather than this bundle. # Index of all boards: https://lunenburgbudgetproject.org/minutes/INDEX.txt # The town's own scanned original is linked per document. ======================================================================================== DOCUMENT : 2019-10-08-minutes-5188.txt BOARD : select-board DATE : 2019-10-08 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2019-10-08-minutes-5188.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_10082019-5188 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== Members present: Tom Alonzo, Chairman; Phyllis Luck, Vice Chairman, Damon McQuaid, Clerk; Katey Adams, Michael- Ray Jeffreys Others present: Heather Lemieux, Town Manager; Tim Murphy, Town Moderator; Adam Burney, Land Use Director The meeting was called to order at 6:15 p.m. Mr. Alonzo stated he would entertain a Motion to enter into Executive Session Pursuant to M.G.L. c. 30A, § 21, Reason #3, to discuss strategy with respect to collective bargaining and the Chair so declares that an open meeting may have a detrimental effect on the negotiating position of the governmental body (Police Union) and to re-enter Open Session after exiting Executive Session. D. McQuaid made the Motion and P. Luck seconded it. Vote: Mr. Jeffreys- aye, Ms. Adams-aye, Mr. McQuaid-aye, Ms. Luck, Mr. Alonzo-aye *************************Executive Session Minutes are Separate********************* The meeting commenced at 7:05 p.m. with the Pledge of Allegiance. Mr. Alonzo moved on to public comment noting per policy that speakers will be asked to limit their comments to three minutes per speaker except at the discretion of the Chairperson. He added it is not a new policy, and wanted people to be aware that the Board encourages public comment, but not necessarily public speeches. Ms. Luck announced the Lions Club pancake breakfast would be tomorrow at the Eagle House Senior Center from 8:00 to 10:30 a.m Mike Mackin, 26 Cortland Circle, informed the Board he was present if there were any further questions regarding the T C Passios Building Design Committee appointments. Ms. Luck and Mr. Alonzo stated they had watched the televised interviews from last week, as they were not present at the meeting. APPOINTMENTS Land Acquisition Committee re: Saliba Property Chairman Brandon Kibbe stated other committee members were present tonight; Phyllis Luck (BOS), Teri Burchfield (Finance Committee) and Ken Jones (Conservation Commission). Mr. Kibbe presented a report on the Saliba property acquisition. Kibbe stated the Saliba property meets 5 out of the 6 required criteria under the Open Space and Recreation Plan for land acquisition. There was a public meeting process soliciting feedback on the property. The property is 318 acres in total, 259 acres north of Northfield Road and 59 acres south of it. Assessed value of the property is $996,900. It is largely forested with areas of bedrock which could inhibit future development. The property provides connectivity to other green spaces. It was originally purchased in 2003 by the Saliba brothers as an investment. They approached the Town in February 2019 to consider purchasing it for conservation and ===PAGE 2=== lo vise dela agredie dela lo velso y occipe de tela siale biauto. Mr. Alonzo commended the committee and everyone else involved for his or her work on this proposal. There will be two site visits for the public to tour the property, Saturday, October 19 at 10:00 a.m. and Sunday, November 3 at 10:00 a.m. Public Hearing on Unitil's Storm Resiliency Program and removal/trimming of trees on Leominster Road, Lancaster Ave, West Street, and Whiting Street Mr. Alonzo read the hearing notice aloud The Board of Selectmen will be holding a public hearing on Tuesday, October 8, 2019 at 7:25 p.m. to hear and review the submission of Unitil's Proposed Storm Resiliency Program requesting to prune and/or remove trees along Leominster Road, from West Street to Lancaster Avenue from Massachusetts Avenue to Rolling Acres per M.G.L. c. 87, § 3-4, on shade trees. The meeting will be held at the Joseph Bilotta meeting room in Town Hall, 17 Main Street. Lunenburg, MA The Storm Resiliency Program information can be viewed on the Town website under the Board of Selectmen page under the link "All other BOS Documents," or are available for viewing in the Selectmen's office during open hours. Any comments on the removal or pruning of particular trees identified by Unitil to be pruned or removed should be in writing to the Board of Selectmen's office, 17 Main St. Lunenburg, MA 01462 or to the Executive Assistant Elaine Peterson at epeterson@lunenburgonline.com by October 8, 2019 or submitted in writing at the Board of Selectmen meeting at the time of the hearing. Sara Sankowich, Unitil Forest Operations Manager, was present for the SRP proposal. Unitil is seeking approval for the proposed work along the listed roads. She stated eight trees were approved on September 23rd by the Planning Board. Unitil is now seeking approval for the eight trees and approval of removal of incompatible brush from this board Mr. Alonzo reported the Selectboard, Tree Warden Rodriquenz and an outside consultant; Dave Clapham had walked the proposed routes. Mr. Jeffreys asked if the name of this project is still the Storm Resiliency Program or is it now a vegetation management program. Ms. Sankowich stated they consider it the Storm Resiliency Program, however, the eight trees as recommended will be done under whichever program heading fits the need. Ms. Sankowich clarified incompatible brush as any species more than 3 inches in diameter and can grow above 25 feet up into the power lines. Mr. Jeffreys appreciated the detailed response he had received from John DiNapoli, Unitil's Municipal and Community Services Manager, after reaching out to him for more information. He also appreciated Unitil taking a serious approach to increase eficient power delivery in Lunenburg. Mr. Alonzo acknowledged the time and effort expended by Unitil, the Tree Warden and Dave Clapham, who gave the Town his evaluation of the proposed trees. A concern of potential liability of the Town was expressed in an email from the Tree Warden about five other trees that were identified and are not being removed. Ms. Lemieux recommended the BOS meet with the Planning Board and Town Counsel to discuss these five trees. ===PAGE 3=== Moton. A. Adams To not approve removal of incompatible brush along the scenic roads Discussion: Mr. McQuaid did not believe this was the right approach for the health of the remaining trees, as it would inhibit their proper growth. Ms. Adams was concerned about the appearance after the cutting of both trees and incompatible brush. Vote: 4 against, 1 in favor (Adams) Motion: D. MeQuaid 2n°: M. Jeffreys To approve removal of incompatible brush under power lines (3 inches diameter; up to chest height and less) as determined at the September 23, 2019 Planning Board meeting Vote: 4 in favor; 1 against (Adams) The Unitil staff thanked the Board. Mr. Alonzo closed the public hearing. Public Hearing: Dangerous Dog: Elizabeth Guglietti, 36 Woodland Drive Mr. Alonzo stated this hearing is for a September 11, 2019 attack by two dogs owned by Elizabeth Guglietti, 36 Woodland Drive. He reviewed procedure announcing this is an official hearing and that the complainant and everyone testifying must be sworn in. The complainant will present his/her testimony; the owner/keeper of the dogs will present their testimony and any witnesses will testify. The Board will ask questions, deliberate and make a finding. Once a finding is made the Board will determine options depending on the finding. Possible Findings: 1. That the dog at issue constitutes a "nuisance" or is "dangerous" to the community, and the dog constitutes a nuisance or is dangerous because: a) It has a vicious disposition; OR b) It barks excessively; OR c) It creates some other disturbance (needs to be explained). 2. That the dog, as a result of such barking or other disturbance, causes annoyance to a sick person within the jurisdiction of the responsible board or official. Range of Options if there is a Finding: 1. Restraint 2. Banishment 3. Euthanization Before we come to an option, there will be a determination or finding first. Mr. Alonzo asked anyone present providing testimony to please stand and raise their right hand and asked, "Do you swear to tell the whole truth and nothing but the truth under pains and penalties and perjury?" All standing with their hands raised stated, "I do." Mr. Alonzo stated let the record show 14 ===PAGE 4=== to try to protect my dog while the two greyhounds in a frenzy continued to viciously attack boin of us while against a tree. This incident is much more serious than if a dog simply bites and then stops on its own. These dogs would have continued until the end if they hadn't been taken away by other people. My dog almost died and I could have died. The next day and for several days afterwards, I had a headache along with neck and back pain, swelling and bruising with multiple punctures on my face, arms and a wound on my head. Days later more bruising showed up on my arms. My concern is that this can happen again, not only to me but also to my children who often walk Daisy. I know that one of the attacking dogs, Janice (Joplin), has gotten out two other times before because my husband Todd helped to try to get her back. Do we have to wait for another incident that could take my life or a child's life? I am not safe to go outside to check the mail even without Daisy because there is a good chance they would attack me again and they are only two houses away. Our life has been altered now. Our children cannot play outside with our dog or take her for a walk. When Janice got out before she came into our yard. Clearly, the two attack dogs are unstable and cannot be trusted. My request is for the two attack dogs to be put to sleep. No matter how secure the fence is, there is always the chance for human error. Until these dogs are gone, we can never be safe living in our neighborhood. The next question is how can anyone in our neighborhood who has a small dog feel safe with six greyhounds next door who are trained in the same way to kill small animals?" Owners/Dog Keeper: Michael and Elizabeth Guglietti, 36 Woodland Drive Mr. Guglietti stated he was not home at the time, "My wife was and when she noticed that the two dogs were out, she went to look for them. Yes, Janice has gotten out before, she and the other dog have been out a few times, I think four or five, and never attacked a person at all. They have never attacked a person because as they go up to people they want to greet them. When I used to walk Janice and another greyhound that I have on a leash, we used to walk by the Terhune house when their family was out, especially their two young children. They wanted to come over and greet the dogs and pat them. One time they even babysat Janice at their house before they even had a small dog. It was a very unfortunate thing that they got out. I've had that fence for nineteen years and only in the past four years possibly has anyone gotten out. "Mrs. Guglietti stated," Unfortunately there must have been a very small opening where the fence was attached to a tree and Janice got her head through and the rest of her and Slingshot saw her and followed. The other four dogs were not around at that time and did not get out. I immediately got in my car and started calling them and telling the neighbors that they were loose. I even drove to the cove on Hemlock Drive where the incident happened. They were not there at that time. Later I got a call from the Police station that yes, there was an incident and that I should go down and get my dogs. As I was heading down there to get the dogs, I could see Guinivere walking up the street coming back home. This was maybe a half mile from our house where this all happened. She was walking home carrying Daisy. The little dog was hurt and she was bleeding too. She said two dogs attacked, I don't know if she realized they were my dogs at the time. I said my dogs are loose so greyhounds, it's them. She asked if I could go to the vet hospital with Daisy, but a friend of hers was there too. She said she would take her to the vet hospital; I had to go pick up my own dogs. I went down ===PAGE 5=== instinct. They do go after something small and moving. Unfortunately, these greyhounds were on the loose and so instinct kicked in. If you own a sight hound or any dog that shows such prey drive, you need to contain them. That is where the error happened. Since then we have hired a fence contractor; he is coming in a week or so. Pastor Steven Mayo helped repair the opening in the fence plus some with utility wire. That is what we have until the new fencing, which is going to be chain link, with a ground tension wire or something that prevents them from digging, which is what they would do more than try to jump over. We feel we will be safe with the dogs, keeping an eye on them when they go out. We are always home, we always watch what they are doing. We have basket muzzles that we would be willing to put on the two offending dogs when they are outside, which would prevent them (from biting) if they did get loose. Hopefully, that would not ever happen. But human error; a gate could be left open or something. But we are on guard that that doesn't happen. What I am pleading for is a chance to improve, install new fencing and be vigilant to watch and basket muzzle the two offending dogs. But not euthanize them or give them away." A copy of the fence contract was presented. Police Officer Kamerin Munroe's report: "On September 11, 2019 I responded to a call on Hemlock Drive at the beachfront for two dogs that had gotten loose. First, it came over as just a loose dog call. Once I arrived, I talked to the owner of the two dogs. Elizabeth Guglietti told me that her two dogs had attacked Guinivere. I asked her if she knew anything about the attack at that time; she didn't. As I was leaving, Mr. Terhune found me down the road and I talked to him. He informed that he wasn't sure if Mrs. Terhune had been attacked but that Ms. Guglietti's two greyhounds had attacked Daisy and she was in serious condition and they were on their way to the veterinarian. I later met up with Mrs. Terhune after she was out of the hospital and the dog was in the hospital, I talked to her about the incident and I took photos following the incident as well as photos that were taken of the fence around the property." Munroe presented the photos. "She told me she suffered multiple injuries; cuts to her face, she fell and hit her head and she had a gash in her scalp. She also had multiple large bruises on her arms and hands. She informed me through the process of multiple follow-ups that the bills for Daisy came in around $8,000. I then went with Animal Control Officer Comeau to the Guglietti residence at 36 Woodland Drive where we viewed the fencing around the property. Ms. Comeau talked to Ms. Guglietti in the front while I walked around the property with her husband. In the process of doing that, I observed many areas where the fencing was weak and bent down. I'm not sure if it was from tree limbs hitting it or what it was due to, but it definitely needed to be updated. While we were walking around the back end of it, one of the dogs exited the house and ran towards me barking. I, myself felt in fear not knowing what would happen. The dog stopped, it did not charge over the fence but there is definitely the ability. We talked to them about updating the fence and hopefully containing the problem with that and their plan and what they said about how they were going to update the fence. It seemed like a reasonable effort to contain the dogs. But at the time we went the fence was definitely not secure." Animal Control Officer Kathy Comeau: ===PAGE 6=== there and she told me she has to live there for the next ten years because their kids are in school and everything else. She can't live in peace. I think six dogs there at this point is too many and I think that they should cut back. They are my age and I handle dogs all the time and it is not like it used to be. I am not as strong. There has to be some give here so these people can live in their home in peace. It is sad because it is just a bad situation and anyone who owns dogs; you never know what is going to happen. And it happened and I don't know how the dog survived but it did. Thank God, but my vet said she would have never thought it would have survived. She had holes in her trachea, like 30 holes from the bites and she made it. Strong little dog, but a lot of money and heartache. Guinivere is still recuperating. Mrs. Guglietti is going in for back surgery and that concerns me too, because I'm afraid it's going to be hard for her to take care of all the dogs after the back surgery. I wasn't there when it happened, I was called in after. I just saw the aftermath." Mr. Alonzo stated he would not ask for her recommendation until the end, as there were other witnesses. He asked people to come up and speak. Christine Smith stated she used to work for Ms. Comeau. "She actually gave me two dogs I am an extremely trained person with dogs. I have had mastiffs, huskies, Rottweilers, bulldogs, pit bulls. I currently have a Doberman puppy. I know dogs, greyhounds are not aggressive dogs. They are trained to go after a small animal; you have to take that into consideration. Unfortunately there was an accident and they got loose." She left a written statement for the record. "I have known Mrs. Guglietti for my entire life; she doesn't toot her own horn at all. She was a veterinary technician for 47 years. She worked for my Mom, who was her boss. The Gugliettis are the most experienced pet owners I know. I don't trust anyone with my Doberman puppy, not even my Mom, but I would trust Mrs. Guglietti with him, even with all her greyhounds. She is the most experienced dog owner I know. Last year I rescued a cat on the lakefront that someone just tossed out of their car. It was so anemic from fleas and so dehydrated; I thought it had been hit by a car. It was very old and I had to keep her in my garage because I had my four cats in the house that would beat the crap out of that cat. When winter came, Mrs. Guglietti took her and took very good care of her until she passed away from natural causes. This is a woman who keeps her bunnies at the house with the greyhounds; she keeps cats at the house. This was an awful accident; she has never done anything to jeopardize any animal." Kathleen Baker has lived on Hickory Hills for 42 years. "I worked with Mrs. Guglietti for 45 years at Pepperell Veterinary Hospital. She is the most compassionate person not just for her love of animals but for people too. This has devastated her that this has happened. She has worked with greyhound rescue leagues for well over 20 years because she loves the animals and wants to help to take care of them. She has had many greyhounds that she keeps at her home. We have talked about the fact that this is greyhound's instinct that kicks in. Mrs. Guglietti has always had four or five cats that nobody else wanted or would care for. She has always had bunnies at the same time that she has had all these greyhounds and she has always managed to take care of everybody and keep everybody separate and nothing has ever happened. She is a responsible dog owner. I don't think they realized how bad the fence had gotten. These dogs when they are walked or with their owners are not aggressive in any way. ===PAGE 7=== this awtul noise coming trom the beach area. Screaming, crying, etc. but we could hear it inside. We came outside, jumped in the car, and drove down there and we saw Ms. Terhune walking and carrying the dog. She had blood on her face and in her hair and all over her clothing. The dog was bloody as well. I assumed at the time that she had the dog's blood all over her. We found out later that she was also attacked as well. We then pulled up and saw June Hudson, who will speak at some point. She said," John help out; you need to grab one of these dogs." She had her arm in a sling and was holding one of the dogs with the other arm. We both jumped out and I grabbed the second dog. The dogs at that time were fine, they weren't aggressive, and they came over. I noticed the light colored dog had blood on it and all. At that point, we waited maybe 10 minutes until Mrs. Guglietti arrived. Then the police officer arrived. She took her dogs and we left and went home. We did not see the incident, only the aftermath." Mr. Terhune hearing Catherine Ethbal's name called as a witness, stated she was in France but had submitted a notarized statement for the record. June Hudson, 9 Pine Acres Road, stated she was in her house and had just come out and heard some ungodly screaming; frantic, like someone was being killed. "I had my arm in a sling but I ran down the road and immediately saw two greyhounds pulling at, getting under this woman's arms trying to get at the little fluffy white dog. There was blood everywhere. She was up against a tree just trying to shield the dog. I immediately grabbed one of the dogs and twisted the collar so I had a good hold on it. Because of my sling, I couldn't do the other one, so I kept yelling at it to get away. She had a friend with her who was also yelling at the other dog. We finally got it away enough but it kept circling back around. I think once they got the frenzy going it was impossible to stop. At that point, I saw Donna and said please call the Police immediately. She did. The Fortunes pulled up and I asked John to please grab the other dog and he pulled his belt off and put in around the collar and had the dog to the side. Once I got Guinivere free from the dogs, I did not realize she was hurt, I just told her to run, just run, get out of here. Then I told her other friend to go with her as well. We just waited there with the dogs and then Ms. Guglietti came and got her dogs into her vehicle and then the Police came later. We gave him the statement but none of us realized that Guinivere was injured because the cop had asked. But she had blood all the way down her glasses, all the way down her body and I thought it that came trom that poor little dog, I don't know how it is going to survive. I just felt bad and I know the Gugliettis are very nice people as well, everybody says so. That is all I can really testify to." Mike LaRouche, 31 Woodland Drive, stated he has known the Gugliettis since he was nine years old. "I have never had an incident with the dogs. A year ago, I had an incident with my own dog with a neighbor next door. It caused a very uncomfortable feeling; I still have that going on with my neighbor, I have had many conversations with them and paid the bill and then restrained my dog to make sure it wouldn't happen again because if it does happen again, I am going to be here. But I feel extremely bad about what happened. I've offered to help pay for part of the fence; it is getting old and it does need to be fixed. Don't know what the outcome of this is going to be, you can't fix what happened and this is always going to happen with the neighbors. My neighbors let me keep my dog; the town gave me the chance. Do I believe the Gugliettis will make sure their dogs don't get out again, absolutely? Will they ===PAGE 8=== dog, Daisy. Sometime later, 1 was upstairs working at my desk and I saw univere walking back into our yard carrying our dog and thought that is pretty strange. Then she yelled up, "Daisy and I have been attacked by two dogs." So I ran down and her whole shirt was covered in blood, blood on her face, on her hands, and obviously, I saw our dog that looked like it was in shock. They got in Catherine's car and took our dog to the animal hospital. I called the Police and went down and spoke to Officer Munroe. Then I went and met my wife at the emergency room in Clinton and found out that she had a head wound, bitten on the nose and cheek, bitten on the hand and then later she showed me her arms where she was actually bitten on the arms. It looked like to me the dog had her whole arm in its mouth. Just because two people were there to pull the dogs off my wife and she just didn't happen to get bitten in the wrong place doesn't make this any less serious of an attack. She was fighting for her life. I hear these dogs are docile. I will challenge anyone to pick up a small dog and get inside that fence with two of the greyhounds. You will be fighting for your life and that's what she was doing. Not to mention our dog who almost died. We had to rush her to Tuft's Animal Hospital at midnight for emergency surgery otherwise, she would have died. Now my wife is afraid to live in her own house that we worked so hard for. Janice has gotten out twice before that I know of. It's probably even more as Mr. Guglietti said. I personally have tried to get Janice back myself and if I know now about their strong prey instincts, I would have called the ACO, because we were playing Russian roulette with my kids. My daughter used to go carrying our little dog around our yard. We did not know about the strong prey instincts but the owners did and they continued to get out. It was only a matter of time for something like this or even worse could have happened. Clearly, they are irresponsible dog owners; they have six greyhounds there. Six, they are big, strong, fast with strong prey instincts. It would be a challenging thing for anyone to manage that amount of dogs in a small residential yard. Like Ms. Comeau stated, they are not getting any younger, they are getting older. Ms. Guglietti is going in for back surgery. The limitations that come with aging make it even more difficult to manage them, more challenging that many dogs with that type of breed. Then there is cost associated with managing grounds and fencing. Like people alluded to, this is probably what contributed to the dogs getting out in the past and why they got out this time. The Gugliettis don't have a lot of money so I am worried that even with the new fencing that over time this will happen again. Short of putting the dogs down nothing is going to eliminate human error and everything I just mentioned will make it more of a probability that human error comes into play and the dogs will get out again. We are asking the dogs be put down, that's why we are here tonight. This is the best way to ensure the safety of our family in our own neighborhood and our yard. This was serious. She could have been dead and then what? Then you put the dogs down? Any human life you have to err on the side of caution, because it could be a child. " Reverend Doctor Steven D. Mayo, 276 Elm St. Fitchburg, Senior Pastor of the Elm Street Community Church in Fitchburg, introduced his wife Debbie, a registered nurse. He stated he has known the Gugliettis for fifteen years. "They have helped out in so many different ways, not just the church and the people, but they are the first ones to step in when anything is going on with anyone else's animal. We have a small dog and in fact, our small dog was attacked right in the park by our house. Someone wasn't ===PAGE 9=== congregation to go down and replace those immediately in order to have those concerns taken care of. Anytime you are dealing with dogs there are challenges, we never found the dog that attacked our dog. I know how much we love our dog; it was a pit bull breed that tried to rip the dog out of my wife's arms." Mrs. Mayo stated, "It did rip my dog out of my arms." She added she feels for what she is hearing on both sides, knowing both sides. "I know what it is like to be fighting for your dog and not sure what is going to happen to you. My dog went one way and her collar and leash went the other way and I thought she was dead. So I take this very seriously...everything that I have heard. The Gugliettis are really good people and this is a horrible tragic thing that happened." Mrs. Mayo stated, "Since it was brought up and she believed it was discriminatory, as a nurse and a close friend of Mrs. Guglietti, she is having a minor back surgery, and she will be overnight one night as a precaution for her age. I feel that had to be said, not that anyone said it mean-spiritedly, but that was discriminatory and needs to put on the record. Everything that they have talked about Mrs. Guglietti and her husband's skills is true. I don't know what you are going to decide, but I do know they are responsible. They take this very seriously, are very grieved, and will actually need counseling in this. They will have support; they will have the church family. They actually have some representation tonight and we are praying for everybody involved. " Brenda Dupre, 90 West Groton Road, felt there were two mischaracterizations given. "The Gugliettis are responsible dog owners evidenced by the fact that they have a kennel license for their six dogs. It was a terrible accident. Two of my German Shepherds have gotten into a fight; it was the most horrifying scary situation so I know how terrible that is. The Gugliettis feel terrible and I think that restraining would be a good thing. The dogs are not attack dogs and the Gugliettis are responsible." Mr. Alonzo read aloud Catherine Ethbal's notarized statement: "On Wednesday September 11, 2019, Guinivere Terhune and I decided to take a walk around her neighborhood in Lunenburg. We left her house around 11:35 with her little Havanese dog, Daisy. Daisy was on a leash. We left Woodland Drive, crossed over Townsend Harbor Road and kept walking on Hemlock Drive. As we arrived around the water area, I was a few steps ahead of Guinivere. I saw in front of me one big light brown greyhound that was loose. A few feet away was a darker brown, almost black, greyhound. I turned around and told Guinivere to pick up Daisy. As soon as she did, the light brown greyhound ran toward her, jumped on her repeatedly, biting her hand, trying to knock Daisy out of her hands. I put myself in front of Guinevere and as we were both screaming, the other dog came on the other side. I tried to pull them away from her but they were very fast and kept jumping, biting, and circling her. At one point, the light brown dog grabbed a hold of Daisy, flipped her into the air and pinned herto the ground trying to shred her to pieces. The other dog joined in. Guinivere ran to Daisy and pulled her away from them. At that point, one of the dogs jumped on Guinevere and knocked her to the ground, causing Guinevere to hit her head hard on the street pavement. Daisy escaped and ran towards the swamp area. Instead of going into the swamp, she circled a tree. Guinivere got up fast and hovered over Daisy. Both dogs attacked her and bit her multiple times to try to get to Daisy. I pulled one away and the other was still attacking, biting Guinivere. At that point, one of the neighbors had heard us and came out to help us. As soon as she grabbed the lighter brown dog, I was able to scare away the other dog. Guinivere grabbed Daisy and ran towards her house. One of the neighbors called the police. A car ===PAGE 10=== driver's license, at some point the physical limitations should prevent them from holding the license because it puts other people's lives in danger. I think the same can be applied here with the kennel license given the number of dogs and the breed. They are big, strong, fast and powertul, that's the point 1 was trying to make. I was not trying to be discriminatory but that is a strong word to throw out." Board Members Questions: Mr. Jeffreys asked Mrs. Guglietti if any of the dogs had formalized training. She stated," Slingshot went through basic obedience as a young dog (1 year old). Not with Janice, she came off the track and she was fostered by somebody who couldn't keep her and she ended up with me." Mr. Jeffreys asked, "What is the approximate age of the dogs?" She replied, "Janice is 9 and Slingshot is 8" Mr. Jeffreys asked if they had any other complaints about the dogs in the past. Mrs. Guglietti stated "No, I worry sometimes they bark at night and my husband is better than I am at hushing them up. We don't want to be a concern to the neighbors so we are working on that, keeping it under control." Mr. Alonzo asked," How many dogs do you have?" Mrs. Guglietti answered, "Six." Mr. Alonzo asked, "You said you were home the day they got out?" Mrs. Guglietti stated, "Yes, our kitchen door can open and they are out in the fencing. So two dogs were out, I noticed Slingshot was on the other side of the fence so immediately the red alert happened and I had to start combing the neighborhood. He had followed Janice Joplin out of the the fence." Mrs. Luck asked," I know that you said you went out and started to look for the dog. What happened when you didn't find the dog?" Mrs. Guglietti stated she just kept circling the neighborhood. "I came home and called the Police and ACO to let them know two dogs were on the loose and then I went back out in the car to keep searching. I don't know if it was a half-hour or forty-five minutes that they were out." Mr. Alonzo asked, "How far do you live from where the incident occurred?" Mrs. Guglietti responded "About a ½ mile." Mrs. Luck stated," But you did not hear anything, did you have your car windows open?" Mrs. Guglietti stated, "I might have been in the house at the time they were actually attacking. So, no I did not hear anything." Mrs. Luck noticed on the order to get the new fence done, it wasn't signed until October 3rd . "That seems like a long time since the incident happened on September 11"." Mrs. Guglietti stated, "It's very hard to get fencing people this time of the year. We called a couple of companies, one with no response back before we used the fence company that put our front yard fence in. The rest is the utility wire and that is the problem. We put a down payment for the new fence and he is going to start in about a week." Mrs. Luck asked, "What have you done in between to try to make it more secure?" Mrs. Guglietti stated "We basket muzzle the two dogs when they are outside. The whole back of the fence has been repaired and new wire was purchased so part of the back fence is new. The actual place from where they escaped has been done over." ===PAGE 11=== Ms. Adams asked, , "But if the door is left open could they go outside if you are in a different part of the house?" Mrs. Guglietti stated, "We are always there if the door is open, we never leave the house with the dogs having access to the outside." Ms. Adams stated, "I guess we are just confused that if they need to be muzzled when they are outside, if there is an opportunity for them to go outside without a homeowner realizing it, even if it's for a short amount of time without a muzzle? Is that possible?" Mrs. Guglietti stated, , "It's possible, the only reason the muzzle came up was because it was thought to be a good idea that those two offending dogs would have the muzzles. The muzzles are right by the door. When either dog goes to the door, we put the basket muzzle on. The other dogs aren't muzzled." Mrs. Luck noted, "But all of the dogs have the same propensity so they all would attack something small if they got out." Mrs. Guglietti stated," They do not attack people or children." Mrs. Luck interjected "Unless they are holding a dog. Mrs. Guglietti stated, "Yes, and then you become part of the prey or are in the way so to speak. They'll just bite at it really trying to get to the small animal. Not all greyhounds are as keen as they call it, as others. It has to do with each dog so some will just be more prey-driven than others. They all don't follow the same rule. But basically greyhounds have the prey instinct for something small and moving and they're off to get it." Mr. McQuaid asked if all six dogs were pets. Mrs. Guglietti stated," Three are purchased for fun amateur racing, two are AKC (show dogs), these two are not quite up for competition, so they are just pets and Janice was fostered but couldn't be kept anymore, so I took her." Mr. Jeffreys stated," You mentioned that you called the ACO that day, had you called her before?" Mrs. Guglietti stated, "No, I know her, I am retired now from Pepperell Veterinary Hospital but she would come in with dogs there so we all knew her." Mr. Alonzo asked Mrs. Terhune how old her children were. She answered, "Eleven and thirteen," and motioned to them in the back of the room when he asked how tall they were. "They are slightly shorter than me." Mr. Alonzo asked, "And they walked Daisy before?" Mrs. Terhune replied," Many many times with me." Mr. Alonzo asked, "In Ms. Ethbal's testimony when the dogs first attacked, not when you saw them, but when they first attacked, was Daisy on the ground or were you holding her?" Mrs. Terhune replied, "I saw the dogs coming down the street looking at us and my first thought was to pick up Daisy and then Catherine said it because we both saw the dogs coming and then it happened in a flash." Mr. Alonzo asked, "When they first made contact with you or the dog, were you holding her or was she on a leash on the ground?" Mrs. Terhune stated, "I guess I was holding Daisy." Mr. Jeffreys stated, "You sound unsure." Mrs. Terhune stated, "It all happened like a crash and the last thing I remember is bending down to pick up Daisy and then it all just happened really fast." Mr. Alonzo asked," Would it be fair to say you were in the motion of picking her up?" Mrs. Terhune stated "Yes, definitely." ===PAGE 12=== vy could get well away. Mr. Jeffreys asked, "When you walk by their home do you normally see the dogs?" She stated she had not walked since. Mr. Jeffreys asked, "Prior to that day have you made that walk by their house?" She stated, "Almost every day for the past I don't know how many years." Mr. Jeffreys asked," What normally happens when you walk by their house? Do you see the dogs? Mrs., Terhune stated she usually goes down Hemlock. The attack was not near either home. Mr. Jeffreys asked, "In general do you ever walk by their home?" Mrs. Terhune stated, "A long time ago I used to, but I haven't recently." He asked if the children bike ride by the house. Mrs. Terhune stated, "Yes, they bike ride and ride their scooters and they walk and stuff like that but now our life has changed." Mr. Jeffreys stated, "What I want to understand is when the kids go by the house, what happens? Do you see the dogs barking?" Mr. Terhune stated, "Typically we want them to ride their bikes in an area where we can see them, so typically they don't get that far down." Ms. Adams stated, "Earlier tonight unrelated to this, I heard former Police Officer Barney passed away and the connection there is that he was the officer who was the first responder to the Connor Lourens dog incident, where a seven year old was killed in a dog attack. So, I sit here with the gravity of that situation. I believe that tormented Officer Barney. I sit here knowing so many people who love their dogs and are good dog owners, and then living in fear of anything. We are all in a situation where there is a lot of empathy; everyone here wants to do the right thing. I really want to get input from our ACO because I don't have animal control experience or a lot of dog experience. I can't imagine what it feels like to be attacked by a dog and to worry about my own animal. There are a lot of emotions. I really want to stick with the facts. I feel like the fence was inadequate just visually, for potential harm that these dogs could cause to small animals. The fence seemed really worn, low, and insecure. Quality fencing would have to be a must if the dogs are kept." Animal Control Officer Kathleen Comeau: "First of all, I don't want anyone to think Mrs. Guglietti is a not a good animal person. She had no idea the dogs were going to get out. But, it happens. When I issued the first kennel license there, I never had complaints. She has called, she probably forgot, but she would call me every time the dogs got out, she called me probably four of five times over the years and she also calls the Police. They have never gotten in any trouble. Mrs. Terhune's husband has helped her with the dogs. He had no idea what they were capable of, and they're dogs. No one loves dogs more than me. I've been talking to both parties right along to make sure everybody is okay. They live close to one another. When Mrs. Guglietti got more dogs, I went down. Not the fence I would put up, but it was adequate, but over the years, it's worn. I can stay here for ten years with our kids and be safe. It's very difficult. " Mr. Alonzo asked, "In your experience what is the likelihood of recidivism? Are the dogs more likely now to do this again?" Ms. Comeau replied, "It wasn't done at their residence, but in my experience if a dog goes after someone's dog and they get loose again, they always go back to where they were. Wasn't ===PAGE 13=== Mr. Alonzo asked, "What is your recommendation?" Ms. Comeau stated, "My recommendation would be that Mrs. Guglietti return them to the person she got them from. I just don't think this is going to be peaceful for these people (the Terhunes)." Ms. Adams asked, "Does it make sense to keep that many dogs in this condensed neighborhood?" Ms. Comeau stated," They have never been a problem until now. She does take care of them. She did not know there was a hole in the fence. Ms. Adams asked, "Would you still require a new fence?" Ms. Comeau stated, "Yes, they definitely need a new fence. That's only happened recently, the fence was new when it was put up." Ms. Luck stated "But the dogs have gotten out." Ms. Comeau stated, "Through the fence, they could have gotten out through the front door. Ms. Luck asked about the kennel requirements. Ms. Comeau stated," That they are kept there and fed and watered and kept in good shape and contained. " Ms. Adams asked,"' How often are they renewed?" Ms. Comeau stated, "Annually and I was there in April and the fence did not look like that." Ms. Luck asked," So you inspect once a year?" Ms. Comeau stated "Yes, before issuing a license. I also told them the new fence has to be six foot and bent in at the top so they can't go over it. She doesn't believe they can jump it, but I do. I think they can jump it very easily." Mr. Alonzo stated, "The fate of the dogs is what we have a question on unless we allow her to keep the dogs, that fence is not within our jurisdiction." Ms. Luck noted she was still going to have four dogs. Ms. Lemieux stated," The fence is part of the recommendation of the ACO." Mr. Alonzo stated, 'I want it to be clear what this is, this is a dangerous dog hearing, this is not a dog kennel requirement hearing." Ms. Comeau stated, "I have already told her the fence has to be changed and she is in the process of doing it." Mrs. Luck added, "And you are recommending a six-foot not a five-foot with a bent top." Ms. Adams stated, "It's a situation where the dogs will always want to go after small dogs. There's a responsibility here to have a responsive and protective outcome. Jeremy Cohen, Boston Dog Lawyers and Legal Representation for the Gugliettis: "There is not a lot of information here tonight on what a greyhound is. There are questions about that. I've met them; I've gone to their house. This is a horrible situation, I'd be furious; they have the right amount of fury. But not the right amount of information. The reason there are remedies here under the law, under Chapter 140, section 157, is to give the remedies a chance. I think they are dangerous dogs, under the definition they are dangerous dogs. But they weren't bred to attack. If you want to move away two greyhounds because they went after a little dog, that is not the answer and I appreciate the statement you made before because what are you going to do with the other four? They all have the same drive - this fence was a major error. Just three weeks prior Mrs. Guglietti was responsible enough to babysit their dog. So we are talking one mistake in 22 years. We are also talking about folks while everybody's mind can change because since September 14" they said if you can guarantee that they won't get out with a fence and a muzzle, we feel safe with that. So in 22 years, the dogs get out and attack one time. If ===PAGE 14=== was approved, I'm not sure. If only they had gotten a golden retriever, we wouldn't be here today. Right away, the Gugliettis offered their insurance information. Right away, the Reverend shows up and helps to fix the fence, they just need some guidance. My concern is it you are banning these two dogs, just ban all the greyhounds. There's no way to say or train them not to chase rabbits and squirrels." Mr. Terhune wanted to respond to a previous statement made by Attorney Cohen regarding muzzling. Mr. Jeffreys stated he was not sure this was necessary since the Terhunes have requested euthanasia. Mr. Alonzo stopped the testimony and moved on to the Board's deliberation. Comments: Mr. Jeffreys stated, "I think the idea/statement that if they only had a golden retriever it wouldn't have happened is outrageous. There's no question that everyone involved are decent people. The way this has been handled; the willingness to pay for bills is very respectable. I do think that these two dogs, looking at these pictures of the fence, it's pretty clear this wasn't intentional. I want to make an analogy here that is a little extreme, but I am still going to make it. If I had a weapon at my house that was loaded and on that day that some kid picks it up and shoots another kid, 100% of the time before that moment, I was a respectable human being, yet it does not excuse that on one day, at one moment, something awful happened. But, as a gun owner, I have the responsibility to have positive control of my weapons. As a dog owner knowing that your dog is going after small dogs, you have a responsibility to have positive control of that dog at all times. It's clear the dogs have gotten out more than once. This fence is a loaded gun; there is potential danger here for anyone who walks by with a small dog. It doesn't mean you are a bad person but something significant was neglected. This never should have happened. I think the dog clearly on the first part has to be found to be a disturbance to the neighborhood. There are photos of Mrs. Terhune with her face bitten, permanent scars. It is clear Mrs. Terhune is traumatized, that the inability to remember important details from the event is a sign of trauma. This is something that she now has to overcome in her life and work on because of negligence of not having positive control. I don't support euthanasia but I support banishment from our town." Mrs. Adams stated," It was a severe attack and highly injured the dog and dog owner. It's great the dog survived, but the incident is definitely worthy of a consequence, I will support the recommendation of the ACO." Mr. McQuaid stated," I definitely find the dogs were dangerous. As far as the options, 1 am definitely not in favor of euthanasia for the dogs. If an adequate fence were installed, that would be good enough for me but that existing fence is not good, especially for those dogs. If there were a proper fence, six feet tall with the bent top as recommended by the ACO, I think that is safe enough. There are obviously four more dogs there that have to be contained. If the rest of the Board wants to support banishment I can get behind that but for me, proper restraint of the dogs would be adequate." Ms. Luck concurred with Mr. Jeffreys and Ms. Adams. "If I was attacked, the nightmare of knowing the dogs were still in the neighborhood and having two small kids who wanted to walk the dog, I would ===PAGE 15=== banish the dog even is someone else will take it, if we deem it dangerous. Which I think we all clearly agree it is. " Mr. Alonzo read aloud from Chapter 140, section 157, "No order shall be issued directing that a dog deemed dangerous shall be moved from the town or city in which the owner of the dog resides. No city or town shall regulate dogs in a manner that is specific to breed. " Mr Atticy asked " Since we are res tried here, cao wc issue a determination that it is a dangerons to give the owners the opportunity to choose to self-relocate the dogs?" Mr. Alonzo noted." You are asking a legal question which I am not able to answer." Ms. Comeau stated, "In the past the only thing we had to do was notify the town the dog was going to." Mr. Alonzo stated he was reading from the statute. Ms. Comeau stated," It must have changed but I was unaware." Mr. Alonzo stated to Mr. Jeffreys he did not know if that was allowed. Mr. Alonzo stated he would entertain a motion on a finding in this case; that either the dog is a nuisance due to one of the three items listed or that it is not a nuisance. Mr. Jeffreys asked if it was possible to delay the finding and give the dog owners an opportunity right now to come up and let us know that they are going to to be relocating the dogs so that by next week if we decide to euthanize them, this becomes a moot point. Mr. Alonzo asked Ms. Lemieux if the hearing could be continued. She concurred. Mr. Jeffreys asked, "Do we want to pause and give them the opportunity before we make a finding? " Mr. Alonzo stated, "We can make a finding and determine the option later. 66 Motion: M. Jeffreys 2nd: D. McQuaid To find the dogs are dangerous Vote: 4 in favor, 1 abstain (Adams) 2nd: D. MeQuaid Motion: M. Jeffreys To continue the hearing to October 15 at 7:30 p.m. Mr. Jeffreys suggested asking the owner if she is interested in relocating the dogs. Mr. Alonzo stated," We can extend the hearing; we don't have to ask anyone anything." Attorney Cohen yelled out," You don't have a copy of the current law, how can you do this without that?" Mr. Alonzo assured him that they did have access to a copy of the current law. "We can send a link to the Board to read the options for next week so we can make a determination. There are a lot of things at stake I would rather not rush through anything until we have all read Chapter 157 and all of its options." Vote: 4 in favor, 1 abstain (Adams) Attorney Cohen asked for confirmation that testimony was closed. Mr. Alonzo confirmed it was. Mr. Alonzo thanked everyone for providing witnesses and testimony. ===PAGE 16=== located at 1079 Massachusetts Avenue, shown on Assessor's Map 060, Lot 055, and any and all incidental and related costs, including but not limited to, site evaluation, engineering and final design services, or take any other action relative thereto. The committee will be composed of seven members with three citizens at large. 1. Steve Walker, 227 Pleasant Street, stated he has lived here for six years and for most of that time has been a member of or the Chair of the Public Access Cable Committee (PACC). He is a retired video systems engineer. He is a stakeholder in TCP because PACC intends their new studio to be there. "We desperately need that space, so anything I can do to encourage that to come together... we need to set up the engineering within the building to make the best use of technology for public access to ensure that with as few resources as possible that we can record and broadcast meetings. We can't invest without our permanent space; we are ready to do this. I bring knowledge of public access cable needs and how we can improve services to the town administration. I also have some recent experience in building restoration. I was the property manager at my church for over three years. We bought three buildings which had been abandoned for over ten years. My job was to bring them online and make them useable again. I had to work with architects, structural engineers, a variety of contractors and city and state officials. I believe I would be an asset to the committee." Town Moderator Tim Murphy asked, "Are there any uses for the building that you think would be most important to consider?" Mr. Walker replied, "It brings a lot of the different functions together that are presently separated, it is on one floor, so it does not involve state inspections for elevators, and it collocates the public access systems together with the administration of where meeting rooms are and such. It also has parking." Ms. Adams noted the school is using the building for extended day and wanted everyone to be aware of this. "That space should be for school campus land at its location. How do feel about the fact that the school is currently using it?" Mr. Walker stated he saw asbestos remediation as a problem if the school was occupied while it was being done. Mr. Alonzo asked Mr. Walker how closely he has followed all the Building Reuse studies. Mr. Walker stated he began late but has read all three studies and likes the fact the studio was is there and meeting rooms are nearby. But, he hasn't made up his mind on the rest of it. That is what he hopes to learn in this process. Mr. Alonzo asked if there was any part of the ATM article that was unclear about what the committee charge would be. Mr. Walked stated no. 2. Grey Roy, 105 Chestnut Street, has lived here since 2002, and is a professional civil engineer by trade. He served on the Conservation Commission for almost two terms and as a citizen at large on the Middle/High School Building Committee. He attended the ATM and heard the discussion about the article. He is interested in figuring out how we can best use the TCP building. He offers his expertise in building to the committee. ===PAGE 17=== donoulate leg noy be de balls msg commence, tot bittle al largo Discussion: Mr. Alonzo stated he worked with Mr. Roy of the Middle/High School Building Committee and he was a big asset to that. Vote: All in Favor Motion: K. Adams 2nd • D. McQuaid To nominate Deb Christen to the TCP Building Design Committee, for citizen at large Discussion ensued about reasons such as qualifications of the candidates, to nominate to the committee. Vote: In favor- 3 (Adams, Alonzo, McQuaid) Against- 3 (Jeffreys, Murphy, Luck) Motion: D. MeQuaid 2nd: T. Alonzo To nominate Steve Walker to the TCP Building Design Committee, for citizen at large Discussion: Mr. McQuaid appreciated PACC, to him, being a critical cog in the whole program that we are trying to place down there. They are going to be a huge asset being able to bring all the town activities to the public. Ms. Luck did not feel Mr. Walker was a citizen at large by definition but was too interconnected. He can attend every meeting and provide all the input he wants. Vote: In Favor- 2 (Alonzo, McQuaid), Against- 4 Motion: M. Jeffreys 2nd . D. McQuaid To nominate Mike Mackin to the TCP Building Design Committee, for citizen at large Discussion: Ms. Luck felt he was qualified by having served previously on the School Building Committee. Vote: In Favor-5 in favor, 1 abstention (Adams) Motion: T. Murphy 2nd: M. Jeffreys To nominate Dave Blatt to the TCP Building Design Committee, for citizen at large Discussion: Ms. Luck felt it was a great choice; he has a lot of energy. Ms. Adams stated she was shocked that there is a committee of seven men, all had qualifications and that we couldn't go with Ms. Christen and try to create a more diverse well-rounded board. Mr. McQuaid stated he voted for her as well but to say you are shocked because we selected qualified individuals regardless of what gender they were....Mr. Jeffreys did not believe gender matters here. Mr. Alonzo stated to whoever is not appointed that all the meetings are open to the public. Vote: 5 in Favor, 1 opposed (Adams) The logistics of planning the first meeting were discussed. The Board thanked Mr. Murphy for participating in the appointment process. They also thanked everyone for volunteering. Ratification of Town Manager Appointment of Principal Clerk Ms. Lemieux reported she and Treasurer/Collector Mallari had interviewed seven people last Wednesday for the position. She was recommending ratification of her appointment of Megan Lordan as Principal Clerk in the Treasurer/Collector's office. Ms. Lordan has been filling in as the interim since this summer and has been working out well. ===PAGE 18=== • Agricultural Commission (1 regularmemberand 3 alternate vacancies) • Americans with Disabilities Act Commission (1 vacancy) • ArchitecturalPreservation District Commission (1 design professional; craftsperson or building contractor familiar with historic renovation) • Finance Committee (1 position appointed by the Finance Committee Appointing Committee) • Open Space Committee (1 vacancy-citizen at large) • Zoning Board of Appeals (1 regular member and 2 Associate vacancies) Talent bank forms can be obtained on the Town Website and forwarded to the Board of Selectmen's Office. Financial Forecast: During the last budget cycle, I had spoken with the School Superintendent and School Business Manager about the School providing a projection of costs to implement their strategic plan and addressing their staffing needs. I met with the Superintendent and Business Manager yesterday to discuss this further and this will be incorporated into my Five Year Financial Forecast. We discussed the goal of incrementally addressing the school's staffing needs, similar to how we have instituted a long term plan for fully staffing the Fire and Police Departments. Department Head Updates: DPW: The paving season will be finishing up shortly. The DPW Director has been working with the Town Manager on Complete Streets, the kick-off for the Pleasant Street Bridge, looking to apply for the Small Bridge Program grant for a culvert on Flat Hill Road, starting the Townsend Harbor Bridge project in the next couple of weeks, proceeding with getting a new fence installed at Wallis Park, working with the Cemetery Commission on a budget for FY21 and capital requests for FY21, and getting a quote from a consultant to work towards OSHA compliance. Fire: The Fire Chief is working on submitting a SAFE/Senior SAFE grant and is waiting to hear on a Federal AFG grant he submitted for Self-Contained Breathing Apparatus. The Ambulance and the Engine that were in the FY20 Capital Plan are ahead of schedule for delivery but the Ladder Truck is not expected to be received until April. Town Clerk: The Town Clerkrelayed that the 2020 Census is out. There was a training on September 26th for election workers on the new voter equipment and the Town Clerk hopes to hold demonstrations for the public at a later date and may set up a voting machine at the Special Town Meeting. Assessors: The Assessors will be converting to the new state assessing software in November. They also will be starting to use the new software from the RMV for motor vehicle excisetax. New Growth is being submitted the first week of October. ===PAGE 19=== of the 27 trees that Unitil proposed to be removed in their Storm Resiliency Program. The construction of the gas station on Electric Ave is fully underway. There have not been a lot of development requests. IT: The IT Director reported he has been busy with the School, which is normal at the beginning of the school year. Finance: The Finance Director reported that our estimated Free Cash is around $1.1M. She has been working with ClearGov, the transparency software company, and the data is now up to date and has been launched. The Finance Director and the Town Manager will be receiving training on the budget platform that will be rolled out to departments after we are trained and this will be used for the FY21 budgeting process. Cable: PACC has been doing a lot of programming with the Eagle House and the Library. There have been some issues downloading certain meetings from the server (Conservation Commission 9/18 and Planning Board 9/23). Library: The Summer Reading program was a big hit and saw increased numbers. The Library Director is in the process of hiring a Library Page, which has been vacant for some time. October 5th is their annual book and bake sale. The Director is working on finalizing the State Aid Report to be submitted. Meetings and Other Announcements: • Town Counsel Office Hours for October will be October 23rd from noon until 4 p.m. • Iwillbeattending the Finance Committee meeting this Thursday at 7 p.m. for their public hearing on the Special Town Meeting articles. The Selectmen are posted for this meeting as well. Discussion ensued about the extra-large Pay as You Throw trash bags and problems with them. CURRENT BUSINESS 1. Minutes/Warrants/ Action Items The Board approved Minutes of August 20, 2019. The Board signed an accounts payable warrant in the amount of $2,468,395.54. Action Item: Mr. Alonzo stated he has gotten a lot of reports from residents regarding great road paving but there are no painted lines on them making it difficult for night driving. It would be nice to see at least centerlines before winter. Ms. Luck concurred that she has gotten comments too. Ms. Lemieux will check with the DPW Director. OLD BUSINESS 1. Review and recommendations for November 12, 2019 Special Town Meeting Warrant Ms. Lemieux reported that Draft #2 has been reviewed by Town counsel and she has updated the warrant accordingly except for the Saliba property article, which she is working on with Open Space Chairman Brandon Kibbe. Motion: D. MeQuaid 2"d: P. Luck ===PAGE 20=== vy l Dals all David Salva, bens me telling land t said owners as described in a deed recorded at the Worcester North District Registry of Deeds at Book 4630, Page 224, the northern portion thereof (approximately 259.31 acres, including approximately 21,740 square feet in Fitchburg, at 994 Northfield Road Rear, Lunenburg Assessor Parcel ID 037- 0015-00 and Fitchburg Assessor Parcel ID S31-12-A and S31-12-D) to be acquired by the Town under the provisions of Massachusetts General Laws, Chapter 40, Section 8C, as it may hereafter be amended, and other Massachusetts statutes relating to conservation, to be under the care, custody and control of the Conservation Commission for conservation and passive recreation purposes, and the southern portion thereof (approximately 58.75 acres at 961 Northfield Road S, Lunenburg Assessor Parcel ID 037-0009-00) to be acquired by the Town under the provisions of Massachusetts General Laws, Chapter 45, Section 3, as it may hereafter be amended, and other Massachusetts statutes relating to recreation, to be under the care, custody and control of the Parks Commission for recreation and parks purposes; and to raise and appropriate, borrow, or transfer from available funds a sum of $782,000 for said purpose, including the payment of all costs incidental or relative thereto; provided, however, that the acquisition of said property shall be contingent upon the Town being awarded the maximum eligible grant amounts under the Commonwealth of Massachusetts' Local Acquisitions for Natural Diversity (LAND) and Parkland Acquisitions and Renovations for Communities (PARC) Grant Programs; that the amount borrowed will be reduced by any grant funding received towards the property acquisition; and that the Board of Selectmen be authorized to enter into all agreements and execute any and all instruments as may be necessary on behalf of said Town to affect the aforesaid acquisition; or take any other action relative thereto. (Submitted by the Land Acquisition Committee) Vote: 4 in favor, 1 Abstention (Adams) Motion: K. Adams To defer Article J. to Town Meeting To see if the Town will vote to acquire by gift that certain property, determined to be unique, known as and numbered 842 Chase Road Rear, more specifically identified in the Assessor's records as Parcel 013-0001, and being further described in a deed recorded with the Worcester North District Registry of Deeds at Book 3611, Page 145, such property to be held in the care, custody and control of the Conservation Commission for conservation purposes, no appropriation being required therefor; or take any other action relative thereto. (Submitted by the Conservation Commission) The motion was not seconded. Motion: D. McQuaid To recommend approval of Article J. 2°: P. Luck Vote: 4 in Favor, 1 Against (Adams) Article K. To see if the Town will vote to amend the Sewer Service Area Map by adding 189 Cross Road to the Lunenburg Sewer Service Area and Sewer Service Zone (parcel ID 112-58); or take any other action relative thereto. (Submitted by the Sewer Commission) ===PAGE 21=== lapor o cilic from a Grade 1 to a Grade 3; the position of Public Access Production Assistant to be added and assigned Grade 9; the position of Recreation Director to be added and assigned Grade 9; the position of Building Commissioner be changed from a Grade 14 to a Grade 16: the position of COA Director be changed from a Grade 11 to a Grade 14; and the position of Assistant Town Manager/HR Director to be added and assigned Grade 16; or take any other action relative thereto. (Submitted by the Personnel Committee) Vote: All in Favor Motion: M. Jeffreys 2nd: D. McQuaid Taptem ended prol MArties as folloe if tha Town film $810mended Coding f waraurg, Chapter 81 entitled "Town Meetings the sentence: "All requests for the insertion of subjects in the warrant tor the Annual lown Meeting shall be submitted on or before 4:00 p.m. on the 42nd day before the date of the Annual Town Meeting»; and substituting the following sentence therefor: "All requests for the insertion of subjects in the warrant Tor the Annual Lown Meeting shall be submitted on or before 4:00 p.m. on the 47th day before the date of commencement of the Annual Town Meeting"; or take any other action relative thereto (Submitted by the Board of Selectmen) Vote: All in Favor Article N. To see if the Town will vote to amend the Code of Lunenburg, by deleting in its entirety Chapter 140 Article I, entitled "Excavations and Earth Removal," and substituting the language below therefor; or take any other action relative thereto. (This article is several pages long and not listed in its entirety here.) Mr. Jeffreys noted last BOS meeting the Planning Board was asked, via Mr. Burney, if they wanted the entire bylaw printed in the warrant. Mr. Burney stated the Planning Board was fine with it not being printed, it's ultimately up to the person(s) printing the warrant. Ms. Lemieux stated if there were several zoning articles, it could be available for viewing at town offices, but since this is the only one this time, the full article would be in the warrant. Motion: K. Adams 2nd: T. Alonzo To print the earth removal bylaw article in its entirety in the special town meeting warrant Vote: 4 in Favor, 1 Opposed (Jeffreys) Mr. Burney reported the Planning Board changed the threshold on material from 1000 cubic yards to 500 cubic yards last Monday. (See section B.1.) Motion: K. Adams To recommend approval of Article N. 2nd. P. Luck Vote: 4 in Favor, 1 Opposed (Jeffreys) Article O. is the non-binding vote for demolition of the old Primary School. Motion: K. Adams To make no recommendation on Article N. 2°: D. McQuaid Vote: All in Favor ===PAGE 22=== Selectmen to accept for nominal consideration a deed of a fee interest therein, said roadway having been determined to be unique, to be used for municipal purposes consistent with those uses to which other public ways in the Town are customarily put; or take any other action relative thereto. (Submitted by the Board of Selectmen) Mr. Alonzo asked if the Planning Board has met regarding the road acceptance. Mr. Burney reported they had voted to release the bond and accept the work as in compliance with the subdivision as approved. He added a memo from the Planning Board would be coming for the meeting next week. Motion: P. Luck 2nd: D. McQuaid To defer the Butterfly Lane article until Town Meeting Vote: All in Favor Article Q. To see if the Town will vote to file a Home Rule Petition with the General Court for a special law authorizing the Town to grant an additional license for the sale of wines and malt beverages not to be drunk on the premises to Lanni Orchards. The proposed Special Act would read as follows: ANACI AUTHORIZING THE TOWN OF LUNENBURG TO GRANT AN ADDITIONAL LICENSE FOR THE SALE OF WINES AND MALT BEVERAGES NOT TO BE DRUNK ON THE PREMISES TO LANNI ORCHARDS Motion: D. MeQuaid To recommend approval of Article Q. 2n: P. Luck Vote: All in Favor Article R. To see if the Town will vote to file a Home Rule Petition with the General Court for a special law authorizing the Town to grant an additional license for the sale of wines and malt beverages not to be drunk on the premises, in addition to that authorized by the Home Rule Petition referenced in the preceding Article. The proposed Special Act would read as follows: AN ACT AUTHORIZING THE TOWN OF LUNENBURG TO GRANT AN ADDITIONAL LICENSE FOR THE SALE OF WINES AND MALT BEVERAGES NOT TO BE DRUNK ON THE PREMISES Motion: D. McQuaid To recommend approval of Article R. 2^: P. Luck Vote: 4 In Favor, 1 Against (Jeffreys) Due to the late hour, the Board deferred any remaining business until another meeting. Mr. Alonzo reviewed the upcoming meeting schedule. Next week's meeting is as workshop meeting and the continuation of the dangerous dog hearing and the layout hearing for Butterfly Lane. ===PAGE 23=== Mr. Jeffreys stated he would not be present next week but asked the Board to mindful of his perspective on the dogs for the hearing. Motion: D. McQuaid To adjourn the meeting at 11:17 p.m. Respectfully submitted, Claire M. Peterson Elaine M. Peterson Executive Assistant to the Town Manager 2nd: P. Luck Vote: All in Favor ======================================================================================== DOCUMENT : 2019-10-10-agenda-5175.txt BOARD : select-board DATE : 2019-10-10 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2019-10-10-agenda-5175.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_10102019-5175 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN Thursday, October 10, 2019 7:00 PM – Town Hall Bilotta Meeting Room, Second Floor AGENDA 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. 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. Not all items listed may in fact be discussed and other items not listed may also be brought up for discussion to the extent permitted by Open Meeting Law. I. Open Meeting II. Attend 7:00 P.M. Finance Committee Public Hearing on November 12, 2019 Special Town Meeting Warrant Articles III. Review and recommendations for Special Town Meeting Warrant IV. Adjourn ======================================================================================== DOCUMENT : 2019-10-15-agenda-5189.txt BOARD : select-board DATE : 2019-10-15 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2019-10-15-agenda-5189.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_10152019-5189 ======================================================================================== ===PAGE 1=== ======================================================================================== DOCUMENT : 2019-10-15-minutes-5189.txt BOARD : select-board DATE : 2019-10-15 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2019-10-15-minutes-5189.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_10152019-5189 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== Members present: Tom Alonzo, Chairman; Phyllis Luck, Vice Chairman, Damon McQuaid, Clerk; Katey Adams Member not present: Michael-Ray Jeffreys Others present: Heather Lemieux, Town Manager; Adam Burney, Land Use Director The meeting opened at 7:00 PM with the Pledge of Allegiance. Mr. Alonzo 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. PUBLIC COMMENT: Ms. Adams expressed condolences to the Police Department and the Barney family on the passing of Pat Barney, a former resident and Lunenburg officer. Before calling for comment from the public, Mr. Alonzo reminded all per policy that speakers during public comment would be limited to 3 minutes per speaker except at the discretion of the Chairperson. Ron Dionne, 131 White Street, did not agree with comments made previously about the old Primary School roof shingles cracking; shingles don't crack, they curl. He researched and found the roof was installed 20 years ago and maintained there is nothing wrong with the roof except for the shingles that slid out due to not being nailed. He said there was no mention of mold in the Vertex Property Condition Assessment and when he toured the building he did not see any mold, only a couple of black spots that resemble mold. Regarding the exterior bricks along the right hand side, there are only two inches exposed with four inches of brick so there is mortar in there, keeping the building tight. He concluded there is no way water can get in. He hoped the Board looked favorably on the expense of $11,000 to keep the building protected from the elements. Announcement- There will be a community blood drive at St. Boniface Parish at 817 Massachusetts Ave. on Saturday, November 2nd from 9:00 a.m. to 2:00 p.m. Public Hearing on the Layout to Accept Butterfly Lane as a Town Road Chris Crowley, Ernco Development, for Butterfly Lane stated he was here for the hearing. All of our work has been done; all nine lots are completed and occupied. Mr. Alonzo read aloud: "To All Interested Parties: In accordance with M.G.L. Chapter 82, §§ 1, 22, the Lunenburg Board of Selectmen will hold a public hearing on Tuesday, October 15, 2019 at 7:05 p.m. in the Bilotta Room at Town Hall, 17 Main Street, 2nd Floor, Lunenburg, MA on the request from Michael Crowley for consideration of Butterfly Lane to be accepted as a public way. Recommendation for layout is to be done in conjunction with street acceptance consideration at the November 12, 2019 Special Town Meeting. A copy of the proposed layout plan along with legal descriptions are on file with the Town Clerk Office, ===PAGE 2=== from Land Use Director Adam Burney dated October 10th: The Planning Board at its meeting of 7 October 2019, voted to release the Subdivision Bond for the development of Butterfly Lane. This release was based on the completion of the work required per the Subdivision approval dated 3 June 2014. A final inspection by the Planning Board's Review Engineer Jeff Walsh of Graves Engineering was conducted on 12 September 2019 that identified 14 outstanding items with the construction. A follow up inspection was conducted on 7 October 2019 that confirmed that all outstanding matters were resolved. The completed roadway is reflected on the Plan titled Butterfly Lane As- Built Street Plan of Land, prepared by Whitman & Bingham Associates, LLC, 510 Mechanics St., Leominster, MA 01453 dated 16 August 2019 with revisions 2 October 2019. At this time, the Planning Board has completed its process with the developer of Butterfly Lane and is satisfied that the work performed meets the requirements of the Planning Board Rules & Regulations for the Subdivision of Land and the Definitive Subdivision Approval Issued on 3 June 2014. Mr. Alonzo asked if DPW had determined what the future cost for the Town would be to clean up the two stormceptors on Butterfly Lane. Ms. Lemieux reported DW Director Rodriquenz had stated $300 per hour with a minimum of 4 hours paid annually. Mr. Crowley reported they were cleaned out two weeks ago along with the catch basins in the road and it took about two hours per stormceptor. The only remaining item is the Certificate of Compliance issued by Conservation Commission, which should be taken care of tomorrow. Discussion ensued about the maintenance, or lack of, of the detention basins. Ms. Adams asked about procedure for a layout hearing. Land Use Director Burney stated the Board's action is separate from Town Meeting. This meeting is to vote to accept the layout of the road. Town meeting accepts it as a public road and to maintain it going forward. Motion: K. Adams To layout Butterfly Lane as a public way as indicated on the as built plan 2nd: D. McQuaid Vote: All in Favor Mr. Crowley thanked the Board. APPOINTMENTS Ratification of Town Manager Appointments: Full Time Police Officer Ramon Cabrera (effective February 23, 2020) Full Time Police Officer Anthony Cappucci (effective February 24, 2020) Police Chief Jim Marino read his letter to the Town Manager aloud: I am pleased to recommend both Anthony P. Cappucci and Ramone J. Cabrera for appointment to the position of full time police officer. Ramon J. Cabrera has previously completed the Reserve Intermittent Police Academy in Boylston which includes 345 ½ hours, has passed the required employee physical, the Physical Agility Test and cal, the Physical Asiy Test and an extensive background investigation. Ramon holds an Associate's Degree in Criminal Justice which he earned at Quinsigamond Community College. Ramon is tri-lingual. He is fluent in English, Spanish and Portuguese. Ramon is presently employed with the Lunenburg Police Department as a Reserve Police Officer. ===PAGE 3=== If you decide to appoint these candidates to full time status, I will enroll them in the first available full time Police Academy which will commence on February 24th in field school at the Massachusetts Police Training Committee's Boylston Police Academy, I respectfully request that if you do ratify the appointments you make Ramone Cabrera's effective on February 23, 2020, and Anthony Cappucci's on February 24, 2020 to clarify any Seniority issues as Ramone has more time on the job than does Anthony. Motion: K. Adams 2n°: D. McQuaid To ratify the appointment of Full Time Police Officer Ramon Cabrera, effective February 23, 2020 and Full Time Police Officer Anthony Cappucci (effective February 24, 2020) Vote: All in Favor The Board congratulated both officers. VI. CURRENT BUSINESS Minutes/Warrants/ Action Items There were no minutes this evening. The Board signed an accounts payable warrant in the amount of $246,189.02, a payroll deductions warrant in the amount of $565,812.47, and a payroll warrant in the amount of $813,448.40. The Board signed the amendment to the Traffic Rules & Regulations for the recent addition of eleven stop signs at various locations recommended by DPW Director and the Police Chief. Action File: Mr. Alonzo reiterated his previous request for lines to be painted on newly paved roads, especially now that it it getting darker earlier. He stated a policy should be established that lines should be painted as soon as possible on newly painted roads. Ms. Lemieux asked what particular roads were not lined. Mr. Alonzo mentioned Townsend Harbor Road and Lancaster Road. Ms. Luck added Reservoir Road Ms. Adams asked about an update from the state on the status of the intersection of Massachusetts Avenue and Electric Avenue. Ms. Lemieux stated she would follow up on this again. Continuation of the October 8, 2019 Dangerous Dog Public Hearing: Elizabeth Guglietti, 36 Woodland Drive Mr. Alonzo stated we heard testimony last week from Mrs. Terhune (victim), the ACO, Officer Munroe, Mr. & Mrs. Guglietti (dog owners), various witnesses as well as character witnesses and have closed the public comment portion of the hearing. The Board did come to a determination (4 in favor, 1 abstain) that the dogs were dangerous. This hearing was continued to tonight because the summary detail of dog hearings provided did not include the possible findings and orders when the dogs) is determined to be dangerous. Since then the Board has been provided with Chapter 140, § 157, which addresses what actions can be taken with nuisance and dangerous dogs. We have reviewed that and now we will open the hearing to determine what our determination for the order is concerning the two dogs. ===PAGE 4=== the owner. Also regarding the muzzle, that is an option, but it is muzzled and tethered. Ms. Adams stated she spoke to the Chief and our current bylaw needs to be updated because state law states a kennel license is required for three or more dogs. In this case, two dogs were deemed dangerous which leaves four remaining at that location that have the same predisposition to be attracted to small prey. So, the fencing and everything is not adequate for those dogs. We saw the photos of the current fence; they don't match what it should be. My thought is to revoke the kennel license and this puts them into a residential property where three dogs are allowed. We have to make an outcome for the dangerous dogs but I also recommend that we revoke the kennel license. Ms. Luck asked if we revoke the kennel license could we still insist on adequate fencing. Mr. Alonzo reminded that this hearing is about the two dogs and the determinations we make has to do with the two dogs, not anything beyond that. If we keep the dogs we can tell them to get fencing, if we don't keep the dogs due to choosing another permanent option, then you can't tell them to get the fencing. Ms. Adams disagreed stating the Board of Selectmen is one entity that can revoke a kennel license. Mr. Alonzo stated that would have its own hearing. Ms. Adams stated we could put this on a future agenda and begin the process because I see that as a necessary outcome here. I feel like there has to be consequences for a situation that involves a dangerous dog and the failure was the fence. In this case, that is one of the outcomes that I would be comfortable with. Mr. Alonzo disagreed stating this (hearing) has to have its own determination. You can certainly bring up for another agenda the review of the kennel license, but it cannot be tied to the determination of this case. Ms. Luck agreed with Ms. Adams and stated it could be addressed at a later date. Ms. Lemieux noted a section of the summarized document of the law addresses the enclosure and being confined. Ms. Adams stated it kind of overlaps and we should review all our kennel licenses. Ms. Luck stated this is very difficult and I think about the woman who was attacked and the fact that she has two small children who want to be able to leave their property and walk their dog. I don't see how leaving those two dogs there is an option. Mr. Alonzo stated, "This is completely a no win situation, but we do have to make a determination. To me the determination is, with some of the particulars that came out in testimony, was that the victim and her dog were in a public way, were not on the attacking dogs' property and were not actually even near the attacking dogs' property. So the dog wasn't defending its property, wasn't defending its owner, its space did not get violated, however unfortunate, it was clearly an attack by them. While I am all for the protection of animals and don't take their lives lightly, I think the overlying principle is that citizens of our town need to be able to without fear, walk the streets with their dogs on leashes, without the possibility of attack. It was said that the dog was doing what a dog would do, that may or may not be true, but that really is a moot point. These dogs did do that. Even with the fencing in, it was indicated to us that the dogs had gotten loose several times, not always through the fence. We were told they came out through the tront door sometimes. So unless this tencing encloses the whole property, including the front door, I feel confident that the dogs can't be, and not through any fault of the owners, maintained. ===PAGE 5=== Discussion about the fencing ensued. Ms. Adams questioned the posting on the agenda as a dangerous dog hearing and not just a dog hearing. Mr. Alonzo stated that is how the complaint was filed, but we still could have deemed them nuisances, not dangerous. Discussion stated it was clearly an attack not a nuisance event. Ms. Luck stated," I don't think we have a choice. I believe all of us are animal lovers. I certainly do not enter this lightly. It breaks my heart to have to make this finding. The dogs proved themselves to be dangerous and were I the family that experienced this, I would have to move if those dogs were allowed to stay in the neighborhood. It's not fair to anyone in the neighborhood. Anyone that has a dog, anyone that wants to walk." Mr. McQuaid noted it was nearly a quarter mile away that this happened. Ms. Luck added, "There is a lot of people that live in that area. It is a dense neighborhood." Ms. Adams expressed concern that other animals remain there with potentially the same disposition and that the safety component is involved in the property being a safe one for all the dogs. Ms. Luck agreed and thought they should take action on that because they are the same type of dogs and have the same predisposition. Ms. Adams stated, "Even with two dogs removed and the circumstances with the fencing as it is now there is a potential for the same outcome. I have a hard time condemning two dogs. " Mr. Alonzo stated," Having a separate hearing on the other issues is a good idea and again outside the scope of this hearing but I would strongly encourage the owners to start taking precautions in that area exactly for that reason. "Ms. Adams noted if they did no longer have a kennel, they would only be allowed three dogs. Three would have to be removed, but not through euthanasia. "Mr. Alonzo stated, "We have a hearing before us for two dogs; we have to make a determination tonight about what to do with those two dogs." Further discussion ensued about the ruling of "dangerous" and the existing fencing. Ms. Lemieux reviewed the law regarding fines for noncompliance of an order. Motion: T. Alonzo 2°: P. Luck To determine the dangerous dogs would be humanely euthanized in the case of the two dogs involved in the attack Vote: 3-1 In Favor, 1 opposed (Adams) Mr. Alonzo stated," The defendant should know that once a finding is made, there is an appeals procedure set forth in M.G.L, c. 140, section 157, that within 10 days after an order is issued, the owner or keeper of a dog may bring a petition in district court within the judicial district in which the order relative to the dog was issued or where the dog is owned or kept, addressed to the justice of the court, praying that the order be reviewed by court or magistrate of the court. " He stated, "Again, I don't know if we had any other good options in this case." Jeremy Cohen, Boston Dog Lawyers, representing the Gugliettis, stated, "You did, you could have just ordered this fence and if they didn't comply..." Mr. Alonzo responded, "Obviously with the 3-1 vote, this Board did not determine that was in the best interest of the case." Mr. Cohen stated, "You could have just seized the dog." Mr. Alonzo stated, "Which we did not do." Mr. Cohen stated, "See you in court." ===PAGE 6=== look at the front of it. If she had done what she should do, much of this might have been avoided. I have never had them climb over the fence, most of the time they crawl under by the cute part that she saw that had all bricks along the bottom, so they couldn't do that. She apparently is not able physically to do that anymore and you really ought to consider finding someone who can do the job that she did not do. That's all. " The Board continued and signed the bond anticipation note. Town Manager Report- no report this week. Committee Reports: Mr. McQuaid reported the Town Clerk coordinated the first TC Passios Building Design Committee meeting for tomorrow. Ms. Adams asked if their meetings would be recorded. Mr. McQuaid stated not tomorrow night because it is organizational but other future meetings hopefully would be. OLD BUSINESS 1. Report from Town Manager on Ballot Question Ms. Lemieux reported the Board had requested a report regarding the placement of adult use recreational marijuana prohibition ballot questions. She put together a report that reviewed the events and processes that transpired regarding the placement of the questions on the May 18, 2019 Annual Town Election warrant. As part of that report, I recommended a procedure to improve upon the checks and balances when placing a question on the ballot for future local elections. She read portions of the report aloud that was specific to the 2019 Annual Town Meeting: On December 11, 2018, members of the Planning Board attended the Board of Selectmen's meeting to request the Board of Selectmen vote to place five separate ballot questions on the annual town election ballot that would ask voters to adopt a bylaw that would prohibit cultivation, manufacturing, testing facilities, retail, and transportation. The Board postponed a vote on whether or not to place five separate ballot questions on the Annual Town Election ballot until January 8, 2019 when the full Board was present and input was requested from residents and business owners. At the January 8, 2019 Board of Selectmen's meeting, the Board met with the Planning Board again, invited the public to comment and, ultimately, voted "To place the five warrant articles on the ballot as requested by the Planning Board." At the February 19, 2019 Selectmen's meeting, the Board voted "To add the sixth ballot question to the May 2019 Annual Town Election on the prohibition of marijuana for researchers. " M.G.L c. 54 § 64 stipulates that notices or warrants for state and town elections where official ballots are used shall state "in the form in which it will appear upon the ballot, any question submitted to the voters". Therefore, the Selectmen must determine the exact wording of the ballot question, as the language of the question on the notice or warrant must be the same as that appearing on the ballot Subsequent to determining the language of the ballot questions, the Town Clerk "shall not print on a town election ballot any question to the voters for which the Town Clerk receives final written notice after the thirty-fifth day before such election" (M.G.L. c. 54, § 42C). To meet the 35 day requirement set forth under ===PAGE 7=== on the warrant and signea jive copies oj the annual town trecion warrant. M.u.u. C. 24, S 44C does not identify a process or party that provides that notice to the Town Clerk but as a matter of practice, in Lunenburg, it would be the responsibility of the Town Manager (or his/her designee). In the case of the six ballot questions that were approved by the Board of Selectmen to be placed on the May 18, 2019 Annual Town Election ballot, I erred by failing to provide this written notification that should have included the exact wording of the six ballot questions. The Annual Town Election was posted on April 3, 2019 without the ballot questions and it came to my attention at the Annual Town Meetng during the chon April 3, presentation by the Lana Use Director that covered Articles 20-31 and the lown Clerk announced that there were no prohibition questions on the Town Election ballot. In order to avoid this happening again in the future I put together a policy for the Board to review. She asked for any questions from the Board. Mr. Alonzo thanked Ms. Lemieux for putting the report together. Those who attended the meeting were looking for an answer and we as a Board promised they would get one. We will review this policy if not tonight then at a future agenda. He suggested when notifying the Town Clerk to place ballot questions on the election ballot, to copy the Board of Selectmen, and that the Town Clerk's response include the Board of Selectmen. This will ensure that everybody knows whether this has happened or not. Ms. Adams expressed disappointment at losing the opportunity to prohibit marijuana after all the work on the bylaw and public hearings due to the error. Ms. Luck noted the bylaws did not pass at town meeting and thanked Ms. Lemieux for her report. The full report will be posted on the town website with the proposed policy. 2. Right of First Refusal Determination for 250 Howard Street Ms. Lemieux stated she received an email from Open Space Chairman Kibbe stating the committee had no interest in purchasing this property. The option for the Board is to not exercise the Right of First Refusal for the property. There was no reason provided by Open Space but given that the Saliba Property purchase is going to town meeting....Ms. Luck added 250 Howard Street would need to pass Motion: P. Luck That the Board pass over the Right of First Refusal for 250 Howard Street 2nd: D. McQuaid Vote: All in Favor 3. Vote on Recommendations for articles on the November 12, 2019 Special Town Meeting and Sign Warrants for Posting Ms. Lemieux informed the Board that she had put in the previous recommendations of the Board and Finance Committee to date in this draft. The Board continued their review of the remaining articles. Article 1. Fiscal 2020 Budget Adjustments Ms. Lemieux stated this (PowerPoint slide) shows the changes that need to occur in the maturing debt interest accounts. There are a couple of things going on; the ladder truck interest and principal were included in the FY'20 budget because delivery is not going to be until April, we will have to borrow for that and it won't affect our debt until FY'21. We do have a pay down on the Middle/High School BAN (bond anticipation note) that requires a principal pay down of $90,000 and interest pay down of $15,377 ===PAGE 8=== Line # Appropriation 1 Principal - Loans 2 nterest - Loans interest - Temporary Loan $ $ $ 28 Assessor's Administration Subtotal FY19 Omnibus Budget Adj $ Total FY19 Budget Adjustments Change in State Assessments $ Tax Title $ Cherry Sheet Offsets $ Total Expenditure Adjustments Voted 5/4/19 3,094,373.33 $ 1,538,974.55 $ 37,800.00 $ 4,860,868.78 80, 7000 $ $ 1,012,516.00 $ 12,000.00 $ 202,787.00 $ $ 11/12/19 STM Adj Amended Appropriation 571.00 $ 3,094,944.33 (15,377.00) $ 1,523,597.55 19,994.47 $ 57,794.47 (12,000.00) $ 177.720.90 (6,811.53) $ 4,854,057.25 (6,811.53) 69,991.00 12,000.00 $ (3,605.00) $ 1,082,507.00 24,000.00 199,182.00 71,574.47 Additional Cherry Sheet Aid Change in Excludable Debt change in New Grow otal Revenue Adjustmen Current Surplus Available $ 58,571.00 109,994.47 (18,387.00) 150,178.47 78,604.00 Motion: D. McQuaid To recommend approval of Article 1 2ºd: P. Luck Vote: All in Favor Article 2 is for the Conversion of Street Lights to LED fixtures Ms. Lemieux stated there are two options to the town. The first would be to pay Unitil to convert the streetlights and the second would be to purchase the lights and have the Town go out to bid for a contractor to convert the lights to LED fixtures. The preferred option of the Green Community Task Force is the second option. More research is needed. She recommended the Board remove Article B as labeled in your draft booklet. Mr. Alonzo recommended deferring until Town Meeting to get all questions answered. Ms. Luck suggested reviewing how many streetlights we want rather than just converting them all. The Board concurred with removing Article 2. Article 3 is to see if the Town will vote to raise and appropriate or transfer from available funds, a sum of money to the Special Purpose Stabilization Fund. Ms. Lemieux stated this would be the excess levy capacity of $78,000. Motion: D. McQuaid To recommend Article 3 2nd: P. Luck Vote: All in Favor Article 4 is an Amendment to the FY20 Sewer Enterprise To see if the Town will vote to raise and appropriate or transfer from available funds, all sums of money necessary to amend the amounts voted under Article 12 of the May 4, 2019 Town Meeting for the Sewer Enterprise Fund ===PAGE 9=== any action relative thereto. (Submitted by the Town Manager) Motion: T. Alonzo To defer recommendation until Special Town Meeting 2nd: P. Luck Vote: All in Favor Ms. Lemieux requested the Board remove two articles that were on the first draft warrant as we will not be ready to present at Special Town Meeting. Motion: D. McQuaid 2nd. P. Luck To remove the warrant article concerning purchase of property at 635 Massachusetts Avenue Vote: All in Favor Motion: D. MeQuaid 2ed. P. Luck To remove the warrant article concerning purchase of property located at 250 Howard Street Vote: All in Favor Motion: K. Adams 2id: D. McQuaid To defer recommending Article 9 until Special Town Meeting Vote: All in Favor Ms. Lemieux will put together all the final recommendations and renumber the articles. The Board except Ms. Adams signed the back page of the warrant for posting. Ms. Adams will review the final document overnight and come in and sign the warrant tomorrow. Ms. Lemieux will send the final version to the entire Board. 4. Discussion about estimate for repairs to old Primary School Ms. Lemieux reported this was on the agenda again because the original quote did not include the structural integrity of the roof. She has reported to the Board all the projects that were earmarked for this year's facility budget, which did not leave any leeway for this additional project. Something would have to be forgone in its place. The DPW Director has sent an email after going into the attic of the old Primary School to inspect the roof. The engineering company has put together another estimate to address the structural integrity of just the roof. Discussion ensued about the building overall, and its condition and how to proceed. Suggestion was made to take some of the excess levy money and use it to seal up the building to prevent it from deteriorating further. Mr. Alonzo asked what the recommendation is of the DPW Director regarding this building. Ms. Lemieux stated to not do these repairs. Ms. Lemieux stated that Facilities Tech Kit Walker provided did not include the roof. That was a square footage estimate and it's not saying there might be other issues found when they do the work. For structural integrity, you have to open up the roof. Ms. Adams stated there were some things we could do on that list. Ms. Lemieux stated everything but the roof could be done in-house. ===PAGE 10=== minutes for "public speak," no matter how many people want to speak or the issues that people want to discuss. Further discussion ensued about time limits on speaking. Anything up for "debate" could be added to a future agenda. Mr. Alonzo was in favor of adopting #6, #8 and #9: 6. Large groups addressing the same topic are encouraged to consolidate their remarks and/ or select a spokesperson to comment at Public Speak. 8. The Chair of the meeting may not interrupt speakers who have been recognized to speak, except that the Chair reserves the right to terminate speech which is not Constitutionally protected because it constitutes true threats, incitement to imminent lawless conduct, comments that were found by a court of law to be defamatory, and/ or sexually explicit comments made to appeal to prurient interests. 9. Disclaimer: Public Speak is not a time for debate or response to comments by the School Committee. Comments made at Public Speak do not reflect the views or the positions of the School Committee. Because of constitutional free speech principles, the School Committee does not have the authority to prevent all speech that may be upsetting and/ or offensive at Public Speak. (Note: School committee would be replaced with Board of Selectmen Ms. Adams was not in favor of #9 believing that it would restrict speech. Mr. Alonzo believed it was just using common sense, by setting a guideline, on what the Board would comment. Mr. McQuaid stated it is more of a guideline for the the Board to not get into a debate with the public during public comment. A final draft will be composed and brought back to the Board. Mr. Alonzo moved on to the Social Media Policy. Ms. Lemieux noted the Easton policy is for appointed and elected board/committee members. Lunenburg's is for employees. She liked the way Easton's policy was worded and believed it was created by Mead, Talerman and Costa. Mr. Alonzo did as well noting most of it is common sense. Motion: P. Luck 2"d: D. McQuaid To adopt the Town of Easton's Social Media Policy for appointed/elected board/committee members with the removal of the word "rumors," from Section D(5) and removal of the word "generally," from Section D(10) Vote: All in Favor Ms. Lemieux, going back to the Special Town Meeting warrant, noted the wording for the Home Rule Petition articles going to the General Court for the additional wine and beer package off- premise licenses states the license remains with that property. It was worded this way by legal counsel because they have seen these licenses have a better chance of passing through the legislature. Further discussion determined the wording for Lanni Orchards would remain the same ===PAGE 11=== Unitil. PUBLIC COMMENT: Ms. Adams stated Homecoming is this weekend with a parade at Noon and a football game. The following day is the Miles for Myles Run in conjunction with the Farmers Market near the Middle/High School. Motion: D. McQuaid To adjourn the meeting at 9:42 p.m. 2nd: P. Luck Vote: All in Favor Respectfully submitted, Elainem. Peterson Elaine M. Peterson Executive Assistant to the Town Manager ======================================================================================== DOCUMENT : 2019-10-22-agenda-5176.txt BOARD : select-board DATE : 2019-10-22 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2019-10-22-agenda-5176.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_10222019-5176 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN Tuesday, October 22, 2019 7:00 PM – Town Hall Bilotta Meeting Room, Second Floor AGENDA 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. 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. Not all items listed may in fact be discussed and other items not listed may also be brought up for discussion to the extent permitted by Open Meeting Law. 7:00 PM PLEDGE OF ALLEGIANCE I. PUBLIC COMMENT***  BOARD  PUBLIC II. ANNOUNCEMENTS III. APPOINTMENTS IV. INTERVIEWS/APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS V. TOWN MANAGER REPORT VI. CURRENT BUSINESS 1. Minutes/Warrants/ Action Items 2. Committee Reports VII. OLD BUSINESS VIII. WORKSHOP Selectmen Objective 2: To identify, define and propose at least one project to the 2020 Annual Town Meeting regarding the use and/or re -use of the Old Primary School building, and/or the land on which it sits. i. Action: Review the various paid studies that were performed that included that building with special attention being paid to its structural analysis, potential suggested uses and all applicable costs. ii. Action: Overlay the results of the previous action with the short- and long-term needs of the Town, viewing those through the lens of an established list of prioritized criteria through which to evaluate them (as determined in the previous Objecti ve). Establish options (more than one but no more than four) to be examined more closely. iii. Action: Have open sessions with other boards, committees and commissions as well as with the general public in discussing the options defined from Action iii. Evaluate the pros, cons and costs for each option, potential var iations as well as possible timelines. iv. Action: Determine one (or two, if applicable) option(s) to be fully developed into a proposed project for the building and/or site to be presented to the 2020 Annual Town Meeting for vote. IX. UPCOMING MEETING/EVENTS SCHEDULE October 29, 2019 Symposium at MS/HS Auditorium Special Town Meeting- November 12th ===PAGE 2=== X. PUBLIC COMMENT***  PUBLIC  BOARD XI. ADJOURN *** Per Policy, speakers during public comment will be asked to limit their comments to 3 minutes per speaker except at the discretion of the Chairperson. ======================================================================================== DOCUMENT : 2019-10-22-minutes-5176.txt BOARD : select-board DATE : 2019-10-22 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2019-10-22-minutes-5176.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_10222019-5176 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== Members present: Tom Alonzo, Chairman; Phyllis Luck, Vice Chairman, Katey Adams, Michael-Ray Jeffreys Member not present: Damon McQuaid, Clerk Others present: Heather Lemieux, Town Manager The meeting opened at 7:00 PM with the Pledge of Allegiance. Mr. Alonzo 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. PUBLIC COMMENT: Mr. Alonzo stated, "Per Policy, Public comment is limited to 15 minutes, with no more than 3 minutes per speaker except at the discretion of the Chairperson. Greg Burns and Yanina Fusaro, 13 Oak Avenue, wanted to thank the community for supporting the Farmers Market every Sunday this year. Mr. Alonzo thanked them amd all the people who worked with them on the Farmers Market. Ms. Adams stated it was lovely thing to do on Sundays and thanked them. Ron Dionne, 131 White Street, thanked the Board for approving the in-house repairs to the old Primary School Building. He referred to Ms. Adams' comment at the another meeting about standing water in the basement, stating the two pumps were needed to remove it due to the water table. Lastly, he stated he left a newspaper clipping with Executive Assistant Peterson this week that stated the Massachusetts School Building Authority (MSBA) is awarding funding to refurbish old schools. He has called into Boston for more information. ANNOUNCEMENTS Mr. Alonzo announced next Tuesday from 6:30 - 8:00 p.m. there will be an informational symposium on the state of the town at the Middle/High School auditorium. Participants will include the Fiance Committee, the Board of Selectmen and the School Committee. There will be presentations from Land Use Director Adam Burney, Dr. Kathleen Burnham, School Superintendent and Town Manager Lemieux. Following the presentations there will be a question and answer session with the speakers and then a question and answer session with the public. This is an informational session only. The purpose is to provide food for thought for later meetings. This coming Saturday the 26th the Lunenburg Boys and Girls Club will hold their annual Shrieks and Krieks Halloween Festival on Memorial Drive from 6:30 - 9:30 p.m. Trick or Treat hours for Lunenburg will be on October 31st from 6:00 - 8:00 p.m. There is Back Where We Started Program for Veterans at Devens, sponsored by the Salvation Army on November 13th . RSVP is required by November 2nd He noted another successful fundraiser, the Miles for Myles Run last weekend. ===PAGE 2=== The following is a list of vacancies on the following committees: • Agricultural Commission (1 regularmemberand 3 alternate vacancies) • Americans with Disabilities Act Commission (1 vacancy) • Architectural Preservation District Commission (1 design professional; craftsperson or building contractor familiar with historic renovation) • Finance Committee (1 position appointed by the Finance Committee Appointing Committee) • Open Space Committee (1 vacancy-citizen at large) • Zoning Board of Appeals (1 regular member and 2 associate vacancies) Talent bank forms can be obtained on the Town Website and forwarded to the Board of Selectmen's Office. Mr. Alonzo noted if anyone is interested in the Finance Committee position, this is the time to get involved because the Finance Committee is going to be gearing up for budget season. Certification of Free Cash by MA Department of Revenue: The Massachusetts Department of Revenue notified us on Friday, October 1 8th that our free cashhas been certified at $1,107,694 as of July 1, 2019. During the FY21 budget • development, a recommendation for the use of free cash will be a component of the budget to be recommended at the Annual Town Meeting. Firefighters Collective Bargaining Negotiations: Ireceived a lettertoday from the Firefighters Union requesting we begin negotiations for a new contract, as the current agreement expires on June 30, 2020. Wewillneed to schedulea future Executive Session to prepare for negotiations. Eagle House HVAC Invitation for Bids: The Invitation for Bids for the Eagle HVAC project is currently being advertised and bids are due on November 12th at 2 p.m. This project is being funded by a FY20 State budget earmark. Upcoming Meetings, Events and Other Announcements: • Town Counsel Office Hours will be October 23rd from noon until 4 p.m. • I will be attending the TC Passios Building Design Committee tomorrow at 6:00 p.m., the Personnel Committee meeting on Thursday at 5:30 p.m. on Thursday and the Finance Committee meeting at 7:00 p.m. on Thursday. • Halloween Trick or Treat Hours will be Thursday, October 31st, 6-8 p.m. ===PAGE 3=== scheduled as well. Mr. Alonzo suggested DPW provide details about the process in the pavement ring periad following new paving when paint should not alize painting. There is usually a 2. Committee Reports Ms. Luck reported Stormwater Task Force is meeting this Thursday. Discussion ensued about setting up a meeting with the Planning Board regarding the Unitil Storm Resiliency Program and five trees recommended by Unitil to be removed, but would not be, that could pose a liability for the Town. Ms. Adams and Mr. Jeffreys preferred to send a letter to the Planning Board rather than meeting face to face. Ms. Luck would like to understand what the Town's liability would be by not removing the trees. Ms. Lemieux reported she had met with Town Counsel and the Town would be liable and this is why a meeting with Planning Board was preferred. Mr. Alonzo requested a written legal opinion from Town counsel be sent to the BOS and Planning Board. Motion: K. Adams To communicate with the Planning Board through Town counsel directly to them and not through the Board of Selectmen There was no second on the motion. After further discussion, it was decided to receive the legal opinion and then send a letter from the BOS asking for this to be an agenda item. WORKSHOP Selectmen Objective 2: To identify, define and propose at least one project to the 2020 Annual Town Meeting regarding the use and/or re-use of the Old Primary School building, and/or the land on which it sits. i. Action: Review the various paid studies that were performed that included that building with special attention being paid to its structural analysis, potential suggested uses and all applicable costs. ii. Action: Overlay the results of the previous action with the short- and long-term needs of the Town, viewing those through the lens of an established list of prioritized criteria through which to evaluate them (as determined in the previous Objective). Establish options (more than one but no more than four) to be examined more closely. ili. Action: Have open sessions with other boards, committees and commissions as well as with the general public in discussing the options defined from Action ii. Evaluate the pros, cons and costs for each option, potential variations as well as possible timelines. ===PAGE 4=== Ms. Luck referring to Leominster and Fitchburg stated they have refurbished old schools, how were they able to do that? Has anyone reached out to them to find out what they did? This is a problem all over the state. Can we get someone to come in and make it affordable senior housing? We definitely have those needs. Ms. Adams preferred looking at it as a municipal parcel. It's a great piece of land in town center. Mr. Jeffreys stated another option could be a Town Hall or a school site. Ms. Adams reminded about the easement granted to the Historical Society. Mr. Jeffreys did note that parking for any business in the Ritter Building would have to be considered as well. Ms. Adams proposed removing the building and using the land for a municipal park. Ms. Lemieux thought Ms. Luck brought up a good point about senior housing as we have an aging population that is growing very fast and not have enough housing. This will be something we will have to look at in the future. Ms. Adams did not believe the vote for conveyance would pass at town meeting, as it has not in the past. Ms. Lemieux noted that vote failed by four votes as it required a 2/3 majority vote. Mr. Jeffreys agreed that senior housing is an issue. When he talks to seniors this is an issue that continually comes up. A vote that failed by four votes means that 65% of voters did support it. The location is good for seniors as it is the center of town. Ms. Luck attended a workshop on revitalizing town centers and it was noted that you couldn't have a vital town center unless people live there. Making that senior housing would be a boon to all the businesses and it's not far from the public safety building or the senior center. Mr. Alonzo summarized the discussion: • Demolish the building and keep the land • Demolish the building and sell the land • Lease the building for renovation by someone • Lease the building and the land Mr. Alonzo stated in a few years one third of the population of the town will be 60 years and older. If the building is renovated, do we do it or seek RFPs? That has its own issues. Mr. Jeffreys believed another school was not an option because the school has no interest in the building. Ms. Adams was interested in a Town Hall there because we could put everyone under one roof, get green space and parking. Mr. Jeffreys asked if it was within the purview of the TCP Building Committee to explore senior housing there. Ms. Lemieux stated that is not what was presented at town meeting. It was presented that we went through the conceptual design phase and had three options. The study was based on concept one which would be school, town and community. Mr. Alonzo moved on to ili. Action, stating we should plan to meet with other boards and the public. Mr. Jeffreys noted there was no discussion about reuse of the current building for commercial ventures for small businesses. Ms. Adams stated an RFP was posted in 2016 for commercial ventures there and there was no interest. She asked how the Board would feel about ===PAGE 5=== Mr. Alonzo summarizing the private options for the old Primary, they had a small business building or senior housing; both would need conveyance awarded to go out for RFPS. Ms. Lemieux looking back at 2017, stated the RFPS were all contingent on Town meeting vote. Mr. Alonzo stated businesses won't take that risk when the decision by the Town to offer the land is not available. Public options would be a Town Hall conversion, a Town green space/park, which would involve hazardous waste removal, site work and paving of the parking lot. Mr. Alonzo stated one other option is just selling the property. The next workshop on this will be the first week of December. Suggestion was made to do a survey on options for the old Primary School building at Special Town Meeting in November to get a sense of what residents would want. Further discussion ensued about the details of the survey. Mr. Jeffreys offered to work on the draft survey. Discussion turned to the format of the open sessions with boards and the public. Mr. Alonzo reviewed the upcoming meeting schedule. Next Tuesday on the 29th there is the informational symposium from 6:30 - 8:00 p.m. on the state of the town at the Middle/High School auditorium. Special Town Meeting is Tuesday, November 12" PUBLIC COMMENT: There was none. Motion: P. Luck To adjourn the meeting at 9:10 p.m. 2nd: M. Jeffreys Vote: All in Favor Respectfully submitted, Elainem. Peterson Elaine M. Peterson Executive Assistant to the Town Manager ======================================================================================== DOCUMENT : 2019-10-29-agenda-5177.txt BOARD : select-board DATE : 2019-10-29 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2019-10-29-agenda-5177.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_10292019-5177 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN Tuesday, October 29, 2019; 6:30 PM Lunenburg Middle/High School Auditorium 1079 Massachusetts Avenue AGENDA 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. 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. Not all items listed may in fact be discussed and other items not listed may also be brought up for discussion to the extent permitted by Open Meeting Law. I. Call to Order II. Joint Meeting with the Finance Committee and Sc hool Committee: Symposium on historical growth patterns and projected future growth/development and impact on Town and School services and needs. III. Question and Answer IV. ADJOURN