# 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 : 2020-07-07-minutes-5218.txt BOARD : select-board DATE : 2020-07-07 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2020-07-07-minutes-5218.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_07072020-5218 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== Finance Committee members: Dave Passios, Peter Beardmore Chairman Alonzo called the meeting to order at 7:00 p.m. and announced in accordance with the requirements of the Open Meeting Law, please be advised that this meeting will be broadcast live through local access cable, and will be able to be found on the Lunenburg Access YouTube channel within 24 hours after the meeting. Mr. Alonzo read the remote meeting information and everyone was present and could be heard. The meeting opened with the Pledge of Allegiance that was recited by Ms. Adams PUBLIC COMMENT: Ms. Adams stated there are still a lot of questions about the Town Beach and she heard it is opening on July 13t. There was also other information posted on Facebook but people just don't know what is happening and they don't know where to look to see what's happening. Is there any connection between the town FB page and the other link about the Parks? Do we have the best communication possible through our webpage? Ms. Lemieux stated the Recreation Director was using software and not a web page to post news. It's just a matter of putting a link to it. She stated she would set it up tomorrow. Mr. Alonzo hoped everyone had a good Independence Day. Ms. Lemieux stated the Lake Shirley Improvement Corporation announced they are performing their aquatic herbicide treatment on the lake on Thursday, July 16". It will be closed to all water uses that day. Complete information about this can be read at http://www.lakeshirley.com/ INTERVIEWS/APPOINTMENTS/REAPPOINTMENTS/RESIGNATIONS The resignation of Rebecca Lantry from the Historical Commission effective June 18, 2020 was announced. Mr. Alonzo thanked Ms. Lantry for all her efforts over the last 21 years. As announced at the last meeting, Dave Passios has resigned from the Board of Health effective June 25" as he was elected to the Parks Commission. Mr. Alonzo requested letter of thanks be sent to both from the Board for their years of volunteerism. Ms. Lemieux reported the Parks Commission voted to open the Town Beach on July 13"". She was requesting the Board ratify her appointments of seasonal staff; Genevieve Nass as Beach Coordinator, Elizabeth Simeone, Paige Gengler, Ethen Gengler, Cheryl Shaw, Lynn Major, Keena Kelly and Jarrod Bowser as seasonal lifeguards. Motion: T. Dwyer 2nd: K. Adams To ratify the Town Manager appointments as presented Vote: Ms. Adams-aye, Mr. Dwyer-aye, Mr. Marino-aye, Mr. Jeffreys- aye, Mr. Alonzo-aye Dave Passios, Park Commissioner, reported there will not be swimming lessons this year due to the restrictions set by the state. I. CURRENT BUSINESS ===PAGE 2=== VLiu recommendation to the School Committee to pay a portion of the remaining contract to our two vendors. The School Committee voted to approve that Dee Bus Service would receive a payment not to exceed $90,000 and Van Pool Transportation would receive a payment not to exceed $41,112. It is now in the Board's hands to discuss and vote. Mr. Cassidy clarified that the proposed payments would go towards operating costs during the closure. Dee Bus Service did apply for the payroll protection program (PPP) and was able to keep employees on for some time, but not the entire period. Once the money ran out, the employees were laid off. Van Pool was not eligible for the payroll protection program but they did get an $8,000 credit to offset some of their expenses. Their employees have been furloughed since May. Discussion ensued around whether to pay the vendors while the Town was uncertain about its financial stability. Ms. Lemieux stated loans and grants are part of the new legislation so it would be reducing that amount already allotted by the additional funds they received. One suggestion was made to pay the vendors only for the time period when school was closed temporarily until it was canceled for the rest of the year while the vendors were "on hold." Another scenario presented was what if the vendor is not able to continue to provide services even with the payment and goes out of business leaving the Lunenburg schools without transportation in September. Mr. Alonzo asked how the monetary percentage to award to the vendors was calculated. Mr. Cassidy reported we came up with 45% of the operating expenses plus 5% for extracurricular services. Mr. Alonzo asked if there was a future plan if there is another outbreak again during the upcoming school year. Mr. Cassidy noted there is a district wide task force developed by Supt. Burnham and he will be meeting with the transportation task force tomorrow to discuss some of these possible scenarios. Another point made was if the Town has a contract and does not pay them, could this be a breach of the contract. Mr. Cassidy pointed out this is a service contract and the vendor did not provide the service, so we are not obligated to pay for something we did not receive. This special legislation allows the districts to compensate these bus companies for services not rendered, but we are not required to do so. When asked, Ms. Lemieux did not believe this service was reimbursable under the CARES Act because that covers unbudgeted expenses due to the pandemic. There were several questions that could not be answered at this time. Mr. Cassidy stated this was a conversation that needs to occur with the bus company. His understanding was the money is for services that would have been provided in FY20. Motion: K. Adams 2nd: M. Jeffreys To not approve the payments to the vendors as requested Discussion: Mr. Marino did not believe a vote should be taken at this time and more information should be obtained such as understanding why other towns have offered to pay it. Mr. Alonzo and Mr. Dwyer agreed. Mr. Jeffreys withdrew his second. Motion: J. Marino To table this discussion until a later date Vote: Ms. Adams- nay, Mr. Marino-aye, Mr. Dwyer- aye, Mr. Jeffreys-aye, Mr. Alonzo-aye 2': T. Dwyer ===PAGE 3=== of influence are to be run. The implementation of those policies and regulations are relegated to the hired employees of the Town who are under the supervision of either the Town Manager or, in the case of the schools, the School Superintendent. Again, these determinations and delegations are clearly stated in the Charter. In short, elected bodies promulgate policies and regulations and employees implement them. No entity has all the authority or oversight to run autonomously. For this all to work, there must be clear, concise and frequent communication between all involved parties. Without that communication, nothing can be done which will satisfy all parties and meet their objectives and the collective objectives of the Town. Such is the case with the deplorable condition of the cemeteries over this past Memorial Day weekend. The one thing that has been agreed upon by all parties AND the public was that this was a complete debacle that embarrassed the Town as a whole and disgraced the fallen who the holiday commemorates. It was completely unacceptable and must not ever be repeated. The Town Manager and the Asst. Town Manager/HR director have undertaken their own inquiry in determining what occurred. That involved personnel matters that cannot, legally, and will not, ethically be discussed at an open meeting, including this one. Instead, this statement provides a broad overview not of that inquiry but a broad assessment of assigned responsibilities and how lack of communication is at the core of the problem. First, the Charter directly states that "The day-to-day care and maintenance of the cemeteries shall be under the supervision of the town manager." Since 2001, that supervision has been delegated by the Town Manager to the DPW department, under the direction of the DPW Director. Since this responsibility has been under this department for 19 years or so and, as it is an annual event, the responsibility first and foremost lies here. As the Memorial Day weekend approached, it would be expected that the condition of the cemeteries and their preparedness would've been discussed, determined and planned by the DPW Director with his staff. Clearly, this did not happen. Next, there exists a Cemetery Superintendent who, as the job description states, "works under the direct supervision of the Director of Public Works, performing skilled work requiring independent judgment and discretion" and among whose essential functions are to "Maintain cemetery buildings and grounds, supervising and performing mowing, grading, loaming, seeding, shrub and tree planting/pruning; operates tractor, truck, mowers, trimmers and other various equipment; performs minor and preventative maintenance on equipment." As someone who spends most of their time involved with all the happenings at the cemeteries, it would logically follow that the Superintendent would have known that the cemeteries would not be properly prepared for the holiday. Yet that message did not seem to be communicated to the proper people. Lastly, is the elected Cemetery Commission. While the cemeteries should always be well-maintained to the best of the Town's ability, Memorial Day especially spotlights them. Again, it could be reasonably expected that they would check in with someone (DPW Director or Cemetery Superintendent) to make sure all would be ready by Memorial Day. These multiple checkpoints should have been sufficient for the problem to be recognized and remedied by the holiday. However, that did not happen. And, sadly, it did not happen because the communications between these three parties is, for the most part, almost non-existent. And so the problem was left unaddressed until many in the public were outraged by what they saw as they went to pay respects to the graves of their loved ones. Some posted on social media and that is when I was made aware of the issue (on either Friday evening or Saturday morning of the holiday weekend). I immediately asked the Town ===PAGE 4=== speculate or project intentions as to why it happened that way, but it is clear to me that the statement is nonetheless true. In the end, finger-pointing will not be productive, but reminding everyone what their assigned roles and responsibilities are might be. Additionally, brokered discussions with all parties to work with them in drastically improving their communications and expectations amongst themselves are in order. The Town Manager has already worked to have them create a one-year work plan detailing all the cemetery tasks/projects/holidays to be addressed over the next year. All parties have received and accepted it and the Town Manager will periodically check in to ensure things stay on track. This single event may have revealed more serious problems among these parties and the Town Manager and a BOS representative will reach out to schedule a meeting with all cemetery stakeholders to see if we can set things back on a more even and constructive course. While that is underway, we expect everyone to be on heightened alert to any further issues that the cemeteries might face and ask everyone's cooperation in righting this ship. Discussion ensued on how to proceed going forward for the management of the cemeteries. Town Manager and Asst. Town Manager will work will be done to improve communication and interpersonal relationships between the involved parties. 3. Discussion on House Bill 4820 addressing Voting Options in response to COVID-19 Ms. Lemieux reported this is for informational purposes for the Board, which provides for increased voting options due to COVID-19. She stated we reached out to our legislators to see if there would be reimbursement for the additional costs but we haven't seen any definitive yet. Discussion ensued about the advantages and the disadvantages of mail-in voting. 4. Vote to petition the State Legislature for Home Rule Petitions for Investment of Library Trust Funds and additional All Alcohol liquor license for Jaxx Country Variety Ms. Lemieux requested the Board authorize the Chairman to sign a letter drafted by legal counsel to Senator Dean Tran and State Representative Danillo Sena, asking them to adopt special legislation for the home rule petitions that was approved at annual Town Meeting, (Articles 17 & 24). Motion: K. Adams 2°°: J. Marino To authorize Chairman Alonzo to sign the letters requesting the legislature adopt special legislation for an Act authorizing the investment of Town of Lunenburg library trust funds and an Act authorizing the Town to grant an additional license for the sale of all alcoholic beverages not to be drunk on the premises for Jaxx Country Variety Discussion: Mr. Jeffreys stated he would be abstaining due to previous business relationships with Jax Country Variety, however he did support the vote for the Library. Vote: Ms. Adams-aye, Mr. Dwyer- aye, Mr. Jeffreys- abstain, Mr. Marino- aye, Mr. Alonzo-aye ===PAGE 5=== committee. here were no objecuons. Metropolitan Montachusett Planning Committee (MPO) -Mr. Jeffreys stated he would serve. There were no objections. • MART Advisory Board- no one was interested in this position Storm Water Task Force- Mr. Dwyer was willing to serve. There were no objections. Discussion returned to the Capital Planning Committee. Mr. Jeffreys deferred to Mr. Alonzo. TCP Building Design Committee- Mr. Jeffreys asked Mr. Dwyer about his professional background. Mr. Dwyer is an engineer. He stated he would be happy to serve. Ms. Adams stated there is currently an engineer serving on this committee, she noted there was not a woman or mother on the committee. She spent many years looking at the concept of using town buildings, adding it is good to have someone on it looking from a different perspective. Motion: M. Jeffreys To nominate Mr. Dwyer as the TCP Building Design representative There was no second to the motion. Motion: K. Adams To nominate Katey Adams as the TCP Building Design representative There was no second to the motion. Mr. Dwyer withdrew his request to serve on the TCP Building Design Committee as he would be serving on two other committees. Mr. Jeffreys expressed his objection to Ms. Adams serving on the TCP Building Design Committee stating it does not appear that she supports the charge of the committee. Ms. Adams stated it was up to the Town to make decisions on the building. Mr. Jeffreys offered to serve on the committee. Mr. Dwyer seconded that. Vote: Ms. Adams- nay, Mr. Marino-aye, Mr. Jeffreys- aye, Mr. Dwyer-aye, Mr. Alonzo- nay Discussion ensued about making an appointment to the committee to block another member from being appointed and alleged inappropriate comments made following it. Ms. Adams requested etiquette be discussed at a future meeting. 6. Approval of Minutes of April 28, 2020 Motion: M. Jeffreys 2nd: T. Alonzo To approve the minutes of April 28, 2020 as presented Vote: Mr. Jeffreys- aye, Mr. Alonzo-aye, Ms. Adams-aye Mr. Dwyer and Mr. Marino were not present for the meeting, so did not vote to approve. 7. Warrants Ms. Lemieux reported the following warrants were signed by Mr. Alonzo last week. #67-20 dated 6/29/20 in the amount of $259,102.15 #1-21 dated 7/1/20 in the amount of $1,507,561.60 Ms. Lemieux noted this warrant included the ===PAGE 6=== reasonable norm for example, is keeping track of heating systems, what kind they are, when they were installed, the average lifespan, when it was last serviced etc. He suggested creating quarterly maintenance logs. Ms. Lemieux stated those do not exist either. He suggested creating quarterly maintenance logs. He also asked an approved line item budget for all departments, not including the schools, just to see where we are currently. Ms. Lemieux will provide that later in the week. 9. Committee Reports- there were none this week. TOWN MANAGER REPORT Announcement on Existing Vacancies: The following is a list of vacancies on the following committees: • Agricultural Commission (2 alternate vacancies) • Americans with Disabilities Act Commission (1 vacancy) • Architectural Preservation District Commission (2 vacancies) • Board of Health (1 vacancy) • Fence Viewers (vacancies) • Finance Committee (2 vacancies appointed by the Finance Committee Appointing Committee) • Historical Commission (1 vacancy) • Open Space Committee (1 vacancy-citizen at large) Personnel Committee (1 vacancy) • Senior Center Property Tax Work Off Committee (1 vacancy) • Zoning Board of Appeals (2 Associate vacancies) Interested persons can find application forms on the Town Website and completed forms can be sent to the Board of Selectmen's Office. Fuel Tank Update The Conservation Commission approved the Notice of Intent for the installation of new above ground fuel tanks located at the DPW at their meeting on July 1st. The project engineer will now move forward to putting the bid package together for the project to go out to bid. I willupdatethe Board when the advertisement date is known. Saliba Property Acquisition and Submittal of PARC and LAND Grant documents: The last few weeks I have worked with Town Counsel, Open Space Chairman Brandon Kibbe, the Conservation Administrator Matt Marro, Finance Director Karen Brochu, the DPW (for the installation of the parking lot), and the Chairman of the Board to ensure we had everything lined up for the closing of the Saliba property at 994 North field Road on June 24th and in orderto submit a reim bursement request by June 30th. Subsequent to the closing there was a significant amount of coordination to put together the reimbursement submission for the $400,000 LAND Grant and the $100,000 PARC Grant by June 30th. I submitted all the required documents on June 26th and received confirmation of receipt by the Grant Programs Supervisors at the Executive Office of Energy and Environmental Affairs shortly thereafter. Thank you to all parties involved in order to finalize the acquisition andreimbursement request. ===PAGE 7=== by releasing a total of $25 million of reserves back to the membership in the form of a premium holiday forthe July Health Insurance premiums. This means that the July 2020 medical premiums for all HMOand PPO plans will be reduced by 50%. Thisaffects both employees and the Town positively, as employees only had to pay 50%oftheir health insurance premium for the month of July and the Town and School will have to pay 50% less forthe premiums that are due in July. This equates to approximately $50,000 savings on the Town side and $118,000 on the School side. We will reserve this money as surplus funds that can be reduced or reallocated at the fall Special Town Meeting. We also received participation and dividend credits from MIIA totaling $16,778 that will go towards reducing our FY 2021 insurance payment. FY21 Budget Updates: The legislature passed a compromised Chapter 90 bill for municipal road and bridges totaling $200 million. Lunenburg's apportionment for Fiscal Year 2021 is $415,929. This past fiscal year our appationmentbegan at $414,649 and then was increased to $456, 114 dueto a supplemental budget that added $20 million in Chapter 90 funds in January of2020. On June 26th Governor Baker signed a $5.25 billion interim budget for Fiscal Year 2021 that will allow the state to pay its bills beginning July 1st in the absence of a final appropriations bill. The interim state budget will fund local aid payments based on the Fiscal Year 2020 Cherry Sheet estimates for the month of July unless a final state budget is approved. On today's weekly call with the Lieutenant Governor, it was relayed they will be focusing heavily over the next couple of weeks on the FY 2021 budget and will have more information on incoming revenues by the end of the month, as well as having our US Senators and Representatives actively trying to create more flexibility with federal relief packages to cities and towns. 925 Mass Ave The firm that is conducting the Phase II site assessment of 925 Mass Avenue submitted the Quality Assurance Project Plan in Aprilas required to the EPA. This is a written document that outlines the procedures a monitoring project will use to ensure the data it collects and analyzes meets project requirements. The EPA respondedtoday that they willbeapprovingthe Quality Assurance Project Plan. I will have further updates afterthe Montachusett Brownfields Group Meeting scheduled for July 16th. Police Chief Position: Due to Chief Marin o's retirement on July 31st, the Police Chief position has been posted and we will be accepting applications until July 23rd. When conducted, the interviews will be conducted by a panel that will consist of a current Police Chief from another community, a retired Police Chief, the Fire Chief, the HR Director, and myself. I fully expect that a decision will be made after Chief Marino's retirement and therefore I expect to be presenting an appointment request to the Board at an upcoming meeting for an Interim Police Chief until the position is permanently filled. Meetings, Events and Other Announcements: • The Finance Committee has a meeting via Zoom on Thursday, July 9th at 7 p.m. • The Planning Board has a meeting via Zoom on Monday, July 13th at 6:30 p.m. ===PAGE 8=== set up an appointment with by contacting them through contact information on the town website. The town and school playgrounds are open, the town and school basketball courts are open, the school tennis courts are open, the MS/HS track and turf field is open, and all town fields were never closed. Organized groups that wish to use town fields need to go through the Recreation Director Kayla Wright at kwright@lunenburgonline.com for scheduling field time. Council on Aging: The Meals on Wheels volunteer drivers are back as of July 6 and are still delivered twice per week. The COA Director and staff are assisting with bringing the meals out to drivers from the Eagle House. The Drive Through events have been going very well. Starting on July 20" there will be a limited number of indoor programs of no more than 10 people. Program attendees temperatures will be taken, social distancing protocols will remain in place, and the Director has acquired new vinyl chairs that have been antibacterial treated Attendees will be asked to leave directly after events and all chairs will be sanitized after use. On July 20" at 1:30 p.m. there will be a monthly grief support group meeting, on July 21" at 1 p.m. there will be a "Stronger Seniors" Chair Exercise video, and on July 22'd at 1 p.m. there will be an indoor movie. Library: Curbside pick-up for books began on June 15"h and is going well. Staff is back in the building and any returned books are quarantined for at least 3 days. Beginning June 2nd, all borrowed items that have been checked out and picked up through the curbside pick-up process, reflect their actual due dates. All digital materials are still available and the Library Wi-Fi can be accessed through their parking lot. The Summer Reading program began June 28" through July 25" and can be found at lunenburglibrary.org. All staff can still be reached by phone or email between 9-5 Monday to Thursday, and 9-2 on Saturdays. COVID-19 in Massachusetts (as of 7/6/20): As of July 6th there are 104,659 COVID-19 cases and 7,983 deaths; 893,939 patients have been tested to date by the MA State Public Health Laboratory, hospitals and commercial laboratories. Transition to Third Phase of Four-Phase Approach On July 2, 2020 the Baker-Polito Administration announced that Phase III of the Commonwealth's reopening plan would begin Monday, July 6'h and updates on gatherings would go into effect on July 6th. Step One of Phase II!: On May 18, the administration released a four-phased plan to reopen the economy based on public health data, spending at least three weeks in each phase. Key public health data, such as new cases and hospitalizations, have been closely monitored and have seen a decline allowing for Phase III to begin on July 6th. The following businesses will be eligible to reopen in Step One of Phase III, subject to industry-specific rules concerning capacity and operations: • Movie theaters and outdoor performance venues; • Museums, cultural and historical sites; ===PAGE 9=== Outdoor gatherings in enclosed spaces are limited to 25 percent of the facility's maximum permitted occupancy, with a maximum of 100 people in a single enclosed outdoor space. This includes community events, civic events, sporting events, concerts, conventions and more. This order does not apply to outdoor, unenclosed gatherings if proper social distancing measures are possible. This revised order does not supersede previously issued sector guidance, and is effective beginning Monday, July 6. Mr. Alonzo reviewed the upcoming meeting schedule. This board will be meeting on July 14 and 21. PUBLIC COMMENT Dave Passios, 56 Whiting Street, congratulated the BOS for questioning the bus contract payout and seeking more information. He encouraged everyone to contact our legislators to request they take action on the approval of the Town Charter. He encouraged the BOS to correct the issues at DPW regarding the cemetery problems and look into a continual revolving door of employees exiting DPW. Motion: K Adams To adjourn the meeting at 9:54 p.m. Vote: Ms. Adams- aye, Mr. Jeffreys -aye, Mr. Dwyer-aye, Mr. Marino-aye, Mr. Alonzo - aye 2°: T. Dwyer Respectfully submitted, Elaine In. Pelers on Elaine M. Peterson Executive Assistant to the Town Manager ======================================================================================== DOCUMENT : 2020-07-14-agenda-5205.txt BOARD : select-board DATE : 2020-07-14 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2020-07-14-agenda-5205.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_07142020-5205 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN Tuesday, July 14, 2020 7:00 PM 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 Town of Lunenburg, in response to the COVID-19 (Corona Virus) is currently following the guidance from the Lunenburg Board of Health, Massachusetts Department of Public Health and the CDC regarding the virus and steps communitie s can take to prevent the spread and all town facilities are open by appointment only. In accordance with the Governor’s Order Suspending Certain Provisions of the Open Meeting Law, G. L. c. 30A, § 20, all public meetings are being conducted remotely. This meeting will be broadcast live through local access cable, on FacebookLive on the Public Access Facebook page (https://www.facebook.com/Lunenburg-Public-Access-Cable-157427270975305/) and will be able to be found on the LunenburgAccess YouTube channel within 24 hours after the meeting. The following information is also provided for members of the public that would like to participate in the meeting remotely: To Participate Remotely: From a computer, please use the link below to join the public meeting webinar: https://zoom.us/j/9091740347 or from a telephone, dial the toll free number (888) 475-4499 and enter Webinar ID: 909-174-0347 # If you have not registered with Zoom you will be asked for your name and an e-mail address. Note: No participant ID is needed, just press # when asked. Telephone users may dial *9 to request to speak after joining the meeting. Computer and app users may use the “raise hand” feature to request to speak. 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 CALL TO ORDER AND PLEDGE OF ALLEGIANCE I. PUBLIC COMMENT***  BOARD  PUBLIC II. ANNOUNCEMENTS III. APPOINTMENTS 7:05 PM Joint Meeting with Board of Health to mutually appoint to the vacancy until the next Annual election 7:10 PM Meeting with Bright Farms re: Major Lettuce Greenhouse IV. INTERVIEWS/APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS V. CURRENT BUSINESS 1. Review Timeline for Town Manager Performance Evaluation 2. Review Timeline for finalizing FY21 Board of Selectmen and Town Manager Goals 3. Review schedule of upcoming meeting agenda topics 4. Warrants: Payroll Deduction W #2 21, dated 7/8/2020 in the amount of $79,448.86 Accounts Payable Warrant #2 WP 20 dated 6/30/2020 in the amount of $131,523.57 Accounts Payable Warrant #1 WP 20 dated 6/30/2020 in the amount of $285,273.64 Payroll Warrant #1P21 dated 7/9/2020 in the amount of $688,964.16 5. Action Items 6. Committee Reports ===PAGE 2=== VI. OLD BUSINESS VII. TOWN MANAGER REPORT AND COVID-19 UPDATES VIII. UPCOMING MEETING/EVENTS SCHEDULE IX. PUBLIC COMMENT***  PUBLIC  BOARD X. ADJOURN *** Per Policy, Public comment is limited to 15 minutes, with no more than 3 minutes per speaker except at the discretion of the Chairperson. ======================================================================================== DOCUMENT : 2020-07-14-minutes-5205.txt BOARD : select-board DATE : 2020-07-14 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2020-07-14-minutes-5205.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_07142020-5205 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== Clerk; Todd Dwyer, Jim Marino Also Present: Town Manager Heather Lemieux, Sean O'Neill, Paul Fortin, Adam Burney, Land Use Director Board of Health members: George Emond Jr, Warren Mayhew, Perry Jewell, Evan Watters Chairman Alonzo called the meeting to order at 7:00 p.m. and announced in accordance with the requirements of the Open Meeting Law, please be advised that this meeting will be broadcast live through local access cable, and will be able to be found on the Lunenburg Access YouTube channel within 24 hours after the meeting. Mr. Alonzo read the remote meeting information and asked if everyone was present and could be heard. The meeting opened with the Pledge of Allegiance that was recited by Ms. Adams PUBLIC COMMENT: Mr. Marino stated some members of the community have posed a question, "How can a Police Chief hold an elected position in the same community?" As a selectman and police chief I am a municipal employee, covered by the conflict of interest law, MGL c. 268A, § 20, Municipal employees; financial interest in contracts; holding one or more elected positions, This section shall not prohibit an employee or an ojjicial of a town from holding the position of selectman in such town nor in any way prohibit such employee from performing the duties of or receiving the compensation provided for such office; provided, however, that such selectman shall not, except as hereinafter provided, receive compensation for more than one office or position held in a town, but shall have the right to choose which compensation he shall receive; provided, further, that no such selectman may vote or act on any matter which is within the purview of the agency by which he is employed or over which he has official responsibility; and, provided further, that no such selectman shall be eligible for appointment to any such additional position while he is still a member of the board of selectmen or for six months thereafter. I choose to take my police chief salary as the Board does not receive a salary. Bill Tyler, 5 Graham Street, Cemetery Commissioner, referring to last week's statement by Mr. Alonzo regarding the lack of preparation of the cemeteries for Memorial Day, though appreciated it, did not believe it went deep enough on why there is a communication problem at DPW between management and staff. Ms. Lemieux announced the town band summer concert series will be postponed until the summer of 2021. There will be encore Lunenburg concerts broadcast every Monday at 7 p.m. on public access channel 9 throughout the summer. From the desk of DPW Director Jack Rodriquenz, "As I became aware the Summer Street rehabilitation project was clear to begin, I planned for my retirement to coincide with the conclusion of this project; one that I had worked on for the better part of twenty years. Since work extended into the holiday season 2019, DP W winter operations were at full speed. There is no greater responsibility than clearing the streets of ice and snow to allow for the safe passage of public safety ===PAGE 2=== high price. I have been fortunate to procure millions of government dollars towards infrastructure improvements serving as liaison to the community during construction but this has taken valuable time away from the needs of staff. Truly it has become two full-time jobs. It is impossible for one individual to take on that much responsibility no matter how strong the dedication, extended hours or the weekend work. Throughout my tenure I have advocated for an increase in staffing and the other necessary resources, but neither has grown exponentially with the ever expanding responsibilities of the department. One need only to view the organizational chart. I'm aggressively pursuing the retirement protocol of this time with the appropriate government agency, unfortunately this has become difficult with the current pandemic and as such I am unable to offer a definitive retirement date at this time. I will continue to work closely with the Town Manager to ensure a seamless transition to new leadership within public works. There are numerous projects in the que; Complete Streets, Pleasant Street bridge replacement, culvert construction, a new fueling station at 520 Chase Road and a continuation of our comprehensive pavement management plan. My date of retirement once determined will remain solid regardless of project status. " Ms. Lemieux stated she met Jack during her interview process for the Town Manager position in the fall of 2016. I had the opportunity to meet face to face with various department heads to learn more about the challenges they faced in their roles in the town and how they functioned. Jack made a lasting impression. What I remember about that day was Jack's candidness, a true interest about reached out to me through town email with a warm welcome and offered to help when I was ready to move into my office at town Hall. He was a man of his word and when I showed up on a Friday with my son along for the ride and a car full of plants and pictures, he was right there to help me. This past year marked Jack's 25th year with the town. He began in May of 1995 as the Superintendent of Streets and later became the Director of Public Works. His role has grown to encompass many important components of government including oversight and care of our roads, bridges, storm water infrastructure, parks, recreation areas, cemeteries, the curbside trash program, our sewer system, and our town facilities. All too often we can focus on the never ending to do list and changes that could be made. Jack's lengthy career in public service deserves to focus on his many successes along the way. In my mere 3+ years in Lunenburg I have worked on numerous projects with Jack ranging from road and bridge infrastructure, the pavement management plan, grant programs such as complete Streets, Stormwater, ADA, and a mold remediation project at Town Hall, are alones that come immediately to mind. But there are so many more. Jack has twenty-five years of helping people and being a pivotal part of community altering projects like the Summer Street road reconstruction project that helped make Lunenburg a better place to live, work and visit. Twenty-five years of dedicated public service to a single town is exceptional and a rarity. I want to thank Jack for being always being available to assist my department, the other departments is town and assisting the residents of Lunenburg the last 25 years. Mr. Alonzo stated working for the same town for 25 years is pretty rare. I think it is commendable and I thank him for sending the notice in advance I have always appreciated the job he has done here. ===PAGE 3=== Vote: Mr. Dwyer- aye, Ms. Adams- aye, Mr. Marino-aye, Mr. Jeffreys-aye, Mr. Alonzo-aye Mr. Mayhew-aye, Mr. Emond-aye, Mr. Watters-aye, Mr. Jewell-aye Mr. Alonzo congratulated Mr. Fortin and thanked him for continuing to serve on the board. Mr. Fortin thanked everyone. The Board of Health adjourned their meeting. Meeting with Bright Farms re: Major Lettuce Greenhouse Ms. Lemieux introduced Sean O'Neill of Bright Farms. Mr. O'Neill stated Bright Farms is one of the country's leading indoor greenhouse grown lettuce companies. They also grown some herbs and about twelve different kinds of lettuce. We grow the lettuce in water with no pesticides or herbicides. Our clients are Walmart and Hannaford's Supermarkets and others. We are not going to out any local farmers out of business. We are looking at the land behind the Walmart plaza on Massachusetts Avenue for the location. What We Do We give more people access to the best quality, freshest, tastiest, cleanest, more responsibly grown produce available Our Promise • Respect: We will treat our growers, customers, retailers, planet and each other with care • Food Democracy: We intend to make our first class product available to anyone who wants it • Trustworthy in word in deed • Believers in our work, in our team, and our mission • Environmental Stewardship: we are committed to minimizing our impact on the earth through the way we grown and share our produce • Community-Oriented; each BrightFarms location is our home Benefits to Lunenburg • Zoning: Agriculture as of right in a right-to-farm community; preempts (costly) residential for a tax revenue- positive business. • Revenue: Contributes to town tax base, sewer and water system • Local Food & Jobs: Brings CA food production to MA Generates 50 - 60 jobs in Phase 1, double that in Phase II • Emissions Reduction: Potential for unique, exemplary district energy system using waste heat from electricity generation for the greenhouse and the groceries. Status of Site Exploration Complete: • Zoning analysis • Test pits/preliminary geo-tech • Test Fit ===PAGE 4=== Financial feasibility Schedule: 6/17/20 Land Optioned 8/19/20 Cons Com (estimated) 8/28/20 MassWorks Application 9/14/20 Planning Board (estimated) 9/30/20 Land Purchase 100% Design Groundbreaking Town Meeting (TIF) Our dream scenario is to break ground in October. Support Requested of Lunenburg There are two areas where we hope Lunenburg could help: For those of you who don't know, the state has a program called MassWorks and it is specifically designed for infrastructure to promote economic development. Public Infrastructure can be funded by MassWorks: (with an Ok from the Board of Selectmen) Water line extension • Sewer line extension • New well/pump house Tax Increment Financing (An agreement in principle to develop and present a TIF at Town Meeting.) • An abatement that allows the town to capture inflation on base taxes and gradually ramps up payments on new taxable value. ===PAGE 5=== would also like to keep sheltering vegetation there as well. In general, the board members thought it was a good project. Mr. O'Neill thanked the Board and signed off. I. CURRENT BUSINESS 1. Review Timeline for Town Manager Performance Evaluation Mr. Alonzo noted this had been postponed due the pandemic and only three board members would be doing the evaluation and voting on her evaluation. Action: TM Self Evaluation Members Send Draft Evaluations to TM, and Schedule Meeting with TM Members Send their Final Evaluations to BOS Chairman BOS Chairman Compiles Evaluation into Composite Evaluation BOS Meetings to review and accept evaluation Date: July 27th August 6th-13th No later than August 20th August 20th-August 27th Sept Ist and Sept. 8th Motion: K. Adams 2nd: M. Jeffreys To approve the timeline as presented Vote: Mr. Dwyer- abstain, Ms. Adams- aye, Mr. Marino-aye, Mr. Jeffreys- aye, Mr. Alonzo - aye 2. Review Timeline for finalizing FY21 Board of Selectmen and Town Manager Goals Mr. Alonzo requested the previous year's goals be sent to all the board members. Ms. Lemieux will also send out the status of her previous year's goals. Review schedule of upcoming meeting agenda topics July 21st: Workshop on BOS and TM Goals (Review FY20 and Discussion on Setting FY21 Goals) August 4th: Flammable Storage License Hearing, Continuation of BOS and TM Goal Setting; Bus Transportation (tentative): Discussion on upcoming renewal of earth removal permits. August 11th: Workshop on BOS Policies (Annually done), Continuation of Goal Setting (tentative), August 18th: Renewal of Earth Removal Permits September 1st: Set date for fall Special Town Meeting in November and Deadline for Article Submission end of September, Review of Town Manager Performance Evaluation (tentative) September 8th: Workshop (TBD) September 15th: Review STM Warrant Articles September 22nd: Review STM Warrant Articles October 6th: Review STM Warrant Articles October 13th: Workshop (TBD); Sign STM Warrant and Vote on Recommendations (tentative) October 20th: November 3rd (Election Day): November 10th: Workshop (TBD) November 17th: Tax Classification Hearing (Tentative); Midyear Update from TM on Annual Goals; Discussion on FY22 Budget Priorities December 1st: Annual License Renewals December 8t: Workshop (TBD) ===PAGE 6=== March 10': keview A lM Arucies and vote on recommendatons March 23rd: Review ATM Articles and Vote on Recommendations March 25: Finance Committee Public Hearing March 30": Sign ATM Warrant and Vote on Recommendations (tentative) April 6'h: Meeting with Auditors April 13": Workshop (TBD) April 20th: May 1: Annual Town Meeting May 4th: Town Manager Performance Evaluation May 11'": Workshop (TBD); Town Manager Performance Evaluation (continued) May 15'": Annual Town Election May 18'h: Reorganization of the Board; Board of Selectmen Committee Appointments June 1s: TM and BOS Annual Appointments June 8th: Workshop on BOS and TM Goals June 15". TM and BOS Annual Appointments (continued) June 22nd: 4. Warrants: Mr. Alonzo reported he signed the following warrants: • Payroll Deduction W #2 21, dated 7/8/2020 in the amount of $79,448.86 • Accounts Payable Warrant #2 WP 20 dated 6/30/2020 in the amount of $131,523.57 • Accounts Payable Warrant #1 WP 20 dated 6/30/2020 in the amount of $285,273.64 • Payroll Warrant #1P21 dated 7/9/2020 in the amount of $688,964.16 5. Action Items Mr. Jeffreys thought it might be helpful to review changes to the Charter once it is approved. 6. Committee Reports- there were none this evening TOWN MANAGER REPORT Announcement on Existing Vacancies: The following is a list of vacancies on the following committees: • Agricultural Commission (2 alternate vacancies) • Americans with Disabilities Act Commission (1 vacancy) • Architectural Preservation District Commission (2 vacancies) Fence Viewers (vacancies) • Finance Committee (2 vacancies appointed by the Finance Committee Appointing Committee) • Historical Commission (1 vacancy) • Open Space Committee (1 vacancy-citizen at large) • Personnel Committee (1 vacancy) Senior Center Property Tax Work Off Committee (1 vacancy) • Zoning Board of Appeals (2 Associate vacancies) ===PAGE 7=== report on the results is expected by September. Financial Trend Monitoring System: The Finance Director, Treasurer-Collector, School Business Manager, and I have a kick-off meeting tomorrow with the Collins Center to begin the process for creating a Financial Trend Monitoring System. The end product will be both a written report that we can update and integrate into our existing ClearGov budgeting Continuity of Operations Plan: Thekick-off meetingto begin working with the UMass Collins Center on the Community Compact Grant to create a Continuity of Operations Plan will be during the week of August 3rd. Principal Assessor Position: As previously reported, the Board of Assessors, through the Town Manager's Office, had solicited responses to a Request for Proposals for Tax Assessment Services to continue outsourcing this serviceand simultaneously advertised fora Principal Assessorposition. Therewereno responsesto the RFP for Tax Assessment Services, including from RRG, who has been our current firm for this service for many years. RRG responded that they are not structured to provide a full-time Assessorto the town, as this would be cost prohibitive. We proceeded with interviewing multiple candidates for the full time Principal Assessor position and ultimately chose Sue Byrne for the position. Sue comes from the City of Gardner as their City Assessor with 16 years of experience and highly recommended for the position. Sue has experience with negotiating solar pilot are es rage is ere with he polite yet the posite a let an in toard of assessments, GIS, and all aspects of assessing. I appointed Sue Byrne to the position last week and the Board of Assessors affirmed the appointment at their meeting yesterday per the process in the Town Charter. Throughout this process it has been stressed that any changes would need to stay within the confines of the budget, inclusive of other employee related costs such as health insurance. This remains the case. We thank RRG for their many years as the hired firm to perform assessing services to the Town and we are excited to welcome Sue as our full time Principal Assessor. Sue brings a wealth of knowledge, is highly recommended from her previous community, and is known for her positive interactions with residents in the community she works in. Sue's start date is July 27th. Other Department Updates: DPW Equipment Operator Vacancies: The Assistant Town Manager/HR Director is currently re- advertising for the three vacant DPW Equipment Operator positions in various locations like Indeed.com, the Ledger, and town website. We are also looking into the possibility of partnering with vocational schools to reach out to post-graduates with these employment opportunities. Ladder Truck: The ladder truck was delivered to the dealership last week and is currently being lettered, outfitted, and having all the equipment mounted. We expect to receive it at the station in about 2-3 weeks. • Audit: The auditors from Powers & Sullivan were on site last week for their preliminary work and will be back in the fall to finalize the FY20 audit. • Extended Curbside Pick-up at Library: The Curbside Pick-up hours at the Library will be extended to include Monday evening until 7:45 p.m. For a schedule of the extended times for curbside pick- up, please visit the Lunenburg Public Library's website. ===PAGE 8=== • The Planning Board has a meeting via Zoom on Monday, July 13th at 6:30 p.m. Ms. Adams reported some people are saying they are getting the wrong size trash bags. Ms. Lemieux stated she had looked into that the last time you brought it up and reached out to Waste Zero, who makes the bags and they had one wrong size bags shipment to Hannaford's. Anyone who has an issue can contact the office to get the contact information for Waste Zero. Ms. Adams asked about a schedule for when the municipal buildings will reopen. Ms. Lemieux stated not at this time. Mr. Alonzo noted this Board will meet again on July 21s and August 4th PUBLIC COMMENT: Ms. Adams stated last week was a difficult meeting. People reached out to me via social media and telephone and felt really bad that the meeting had such a negative moment. She wanted to make sure the Board could commit to when discussions occur that it is not acceptable to bring up personal information. She also felt badly that no one spoke out against a personal attack and she found it remarkable that it was just let go. Mr. Alonzo stated when he felt it got personal, he did intervene. Everything up to the point when I thought it got personal I intervened and ruled it out of order. Certainly someone can voice their objection to nominees, I don't think that part was personal. Motion: T. Dwyer 2nd: M. Jeffreys To adjourn the meeting at 8:31 p.m. Vote: Ms. Adams- aye, Mr. Jeffreys -aye, Mr. Dwyer-aye, Mr. Marino-aye, Mr. Alonzo - aye Respectfully submitted, Elaine m. Peterson Elaine M. Peterson Executive Assistant to the Town Manager ======================================================================================== DOCUMENT : 2020-07-21-agenda-5206.txt BOARD : select-board DATE : 2020-07-21 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2020-07-21-agenda-5206.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_07212020-5206 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN Tuesday, July 21, 2020 7:00 PM 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 Town of Lunenburg, in response to the COVID-19 (Corona Virus) is currently following the guidance from the Lunenburg Board of Health, Massachusetts Department of Public Health and the CDC regarding the virus and steps communitie s can take to prevent the spread and all town facilities are open by appointment only. In accordance with the Governor’s Order Suspending Certain Provisions of the Open Meeting Law, G. L. c. 30A, § 20, all public meetings are being conducted remotely. This meeting will be broadcast live through local access cable, on FacebookLive on the Public Access Facebook page (https://www.facebook.com/Lunenburg-Public-Access-Cable-157427270975305/) and will be able to be found on the LunenburgAccess YouTube channel within 24 hours after the meeting. The following information is also provided for members of the public that would like to participate in the meeting remotely: To Participate Remotely: From a computer, please use the link below to join the public meeting webinar: https://zoom.us/j/9091740347 or From a telephone, dial the toll free number (888) 475-4499 and enter Webinar ID: 909-174- 0347 # If you have not registered with Zoom you will be asked for your name and an e-mail address. Note: No participant ID is needed, just press # when asked. Telephone users may dial *9 to request to speak after joining the meeting. Computer and app users may use the “raise hand” feature to request to speak. 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 CALL TO ORDER AND PLEDGE OF ALLEGIANCE I. PUBLIC COMMENT***  BOARD  PUBLIC II. ANNOUNCEMENTS III. APPOINTMENTS IV. INTERVIEWS/APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS Ratification of Town Manager Appointment of Interim Police Chief, Thomas Gammel V. WORKSHOP: BOARD OF SELECTMEN AND TOWN MANAGER GOAL SETTING 1. Review of FY20 Goals 2. Discussion on setting FY21 Goals VI. CURRENT BUSINESS 1. Review changes in Town Charter that will go into effect upon passage by State Legislature 2. Approval of Minutes 3. Warrants: Accounts Payable Warrant #3 WP 20, dated 6/30/2020 in the amount of $247,906.60 Accounts Payable Warrant #3 21, dated 7/14/2020 in the amount of $1,819,940.05 4. Action Items 5. Committee Reports ===PAGE 2=== VII. OLD BUSINESS VIII. UPCOMING MEETING/EVENTS SCHEDULE August 4th, August 11th and August 18th IX. PUBLIC COMMENT***  PUBLIC  BOARD X. ADJOURN *** Per Policy, Public comment is limited to 15 minutes, with no more than 3 minutes per speaker except at the discretion of the Chairperson. ======================================================================================== DOCUMENT : 2020-08-04-agenda-5208.txt BOARD : select-board DATE : 2020-08-04 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2020-08-04-agenda-5208.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_08042020-5208 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN Tuesday, August 4, 2020 7:00 PM 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 Town of Lunenburg, in response to the COVID-19 (Corona Virus) is currently following the guidance from the Lunenburg Board of Health, Massachusetts Department of Public Health and the CDC regarding the virus and steps communitie s can take to prevent the spread and all town facilities are open to the public during limited hours. In accordance with the Governor’s Order Suspending Certain Provisions of the Open Meeting Law, G. L. c. 30A, § 20, all public meetings are being conducted remotely. This meeting will be broadcast live through local access cable, on FacebookLive on the Public Access Facebook page (https://www.facebook.com/Lunenburg-Public-Access-Cable-157427270975305/) and will be able to be found on the LunenburgAccess YouTube channel within 24 hours after the meeting. The following information is also provided for members of the public that would like to participate in the meeting remotely: To Participate Remotely: From a computer, please use the link below to join the public meeting webinar: https://zoom.us/j/9091740347 or From a telephone, dial the toll free number (888) 475-4499 and enter Webinar ID: 909-174- 0347 # If you have not registered with Zoom you will be asked for your name and an e-mail address. Note: No participant ID is needed, just press # when asked. Telephone users may dial *9 to request to speak after joining the meeting. Computer and app users may use the “raise hand” feature to request to speak. 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 CALL TO ORDER AND PLEDGE OF ALLEGIANCE I. PUBLIC COMMENT***  BOARD  PUBLIC II. ANNOUNCEMENTS III. APPOINTMENTS 7:05 PM Public Hearing for Amendment to Flammable Storage License to add 6000 gallon diesel tank located at Gulf Station, 451-453 Massachusetts Ave. 7:10 PM Meeting with Interim Police Chief re: Amendments to the Traffic Rules & Regulations 7:15 PM Dangerous Dog Hearing; Owner Katelynn Newton of 7 Cross Street, Leominster and dog housed at 964 Flat Hill Road, Lunenburg IV. INTERVIEWS/APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS Ratification of the Town Manager Appointment of Interim Lieutenant-Jeffrey Thibodeau Resignation: Personnel Committee- Michael Fiorentino-effective July 23,2020 Appointment to Personnel Committee: Joanna Bilotta-Simeone, 362 Sunset Lane-term to expires June 30, 2022. Appointment to Agricultural Commission Associate: Stephanie Scofield- 870 Massachusetts Avenue-term to expire June 30, 2023. ===PAGE 2=== V. OLD BUSINESS 1. FY21 Town Counsel Retainer 2. Review of FY21 BOS and Town Manager Goals VI. CURRENT BUSINESS 1. Discussion on Renewal of Earth Removal Permits 2. Sign Intermunicipal Agreement for Central MA Regional Stormwater Coalition 3. Approval of Minutes of May 5, 2020; May 12, 2020 4. Warrants: Payroll W #2P21 dated 7/23/2020 in the amount of $639,220.22 Payroll Deduction W #5 21 dated 7/22/2020 in the amount of $447,206.66 Accounts Payable W #4 21 dated 7/21/2020 in the amount of $248,716.06 FY21 1st Quarter Water Commitment in the amount of $7997.46 5. Action Items 6. Committee Reports VII. TOWN MANAGER REPORT AND COVID-19 UPDATE VIII. UPCOMING MEETING/EVENTS SCHEDULE August 11th and August 18th IX. PUBLIC COMMENT***  PUBLIC  BOARD X. MOTION TO ENTER EXECUTIVE SESSION pursuant to MGL c. 30 § 21, 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 (Lunenburg Education Association) and adjourn the meeting after exiting. X. ADJOURN *** Per Policy, Public comment is limited to 15 minutes, with no more than 3 minutes per speaker except at the discretion of the Chairperson. ======================================================================================== DOCUMENT : 2020-08-04-minutes-5208.txt BOARD : select-board DATE : 2020-08-04 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2020-08-04-minutes-5208.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_08042020-5208 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== Members present: Tom Alonzo, Chairman; Michael-kay veltreys, Vice Chairman; Katey Adams, Clerk; Todd Dwyer, Jim Marino Also Present: Town Manager Heather Lemieux, ACO Kathy Comeau, Attorney Mike Kennefick and Attorney Adam Costa; Town Counsel; Officer John Morreale Jr., Acting Police Chief Tom Gammel; Land Use Director Adam Burney Chairman Alonzo called the meeting to order at 7:05 p.m. and announced in accordance with the requirements of the Open Meeting Law, please be advised that this meeting is being recorded but broadcast live due to technical difficulties, and will be able to be found on the Lunenburg Access YouTube channel within 24 hours after the meeting. Mr. Alonzo read the remote meeting information and asked if everyone was present and could be heard. The meeting opened with the Pledge of Allegiance that was recited by Ms. Adams PUBLIC COMMENT: Ms. Adams asked about the security for zoom meetings as the school reopening meeting had been hacked. Mr. Alonzo stated zoom has some vulnerabilities, but he as host mutes all participants and is always checking the screen to see who is on the meeting. He was confident IT was doing all they could from their end as well. Mr. Alonzo congratulated all the 2020 school graduates as their outdoor ceremony was this past weekend. He extended his personal thanks to retired Police Chief and recently elected Selectman Jim Marino. Mr. Alonzo stated Marino's leadership skills and ability to deal with the public have been amazing throughout his career. He became friends with him and his family. The things that he has done professionally and behind the scenes is a real testament to how he feels about Lunenburg. As Chief he has left his indelible mark on the morale of the department and has unceasingly hired first rate excellent people and provided them the tools and the training that they need and that exists to this day. Mr. Alonzo stated, "I couldn't have asked for a better chief during my tenure. I appreciate all you have done for the Town and I am glad that we get to have this kind of involvement with you as a fellow Selectman. I look forward to that chapter, so thank you." Mr. Marino thanked him for his words and looked forward to working with him, Dave Passios, 56 Whiting Street, applauded Ms. Lemieux's fiscal year 21 goals of succession planning and enhancing facilities management and maintenance, but thought the same should be applied to the town cemeteries and parks commission. ===PAGE 2=== store and sell 6000 gallons of diesel fuel underground on the property located at 451-453 Massachusetts Avenue. Ms. Lemieux stated everything was in order for the application. Ms. Parker stated back in November of 2019, the station had three existing 12,000 gallon tanks in the ground. They took one tank and compartmentalized it making it into two tanks and adding diesel to one of those divided tanks. But they also had an old fire suppression system from the 1970s and she did a new fire suppression plan to bring it up to UL standards. When she went to find the license to send it off to the State Fire Marshall, she found it was not matching what was in the ground, therefore bringing her into this hearing. The amount is basically the same except they added 6000 gallons of diesel and three plus one dispensers at the property. So an amended license is needed to send to the State Fire Marshall. Discussion ensued about the lapse between the installation and the license amendment application dates. Ms. Parker stated basically you have a license that could be thirty plus years old and you renew it annually. The town sends out annual renewal forms and no one had updated the license. I usually find this out when I am updating systems. Ms. Parker stated the license from 2003 was issued to a different company but the license goes with the land; it was not intentional and slipped by. Mr. Alonzo stated one would think someone from the company would have alerted the town when installing the diesel. Motion: K. Adams 2nd: J. Marino To approve the amendment to the license for addition of the underground 6000 gallon tank of diesel fuel at 451-453 Massachusetts Avenue Vote: Mr. Dwyer-aye, Mr. Marino-aye, Ms. Adams-aye, Mr. Jeffreys- aye, Mr. Alonzo - aye Ms. Parker thanked the Board and exited the meeting. Meeting with Interim Police Chief re: Amendments to the Traffic Rules & Regulations Acting Chief Gammel stated this traffic rules modification was recommended by the DPW Director and former Police Chief Marino. We hereby recommend the following modification to the Town of Lunenburg Traffic Rules and Orders Issued by the Board of Selectmen under the authority of Massachusetts General Law, c 40 $ 22: To Schedule IV- Isolated Stop Signs Add - On Goodrich Street east of the delta traffic island facing the intersection of Reservoir Road. On Good Rich Street on the southeast side of the delta island facing Reservoir Road replacing the Yield Sign. To Schedule IV-B Yield Signs Remove- A yield sign south of the delta island on Goodrich Street at Reservoir Road. Acting Chief Gammel stated this was brought to our attention for the safety of the motoring public on those two roadways, so we recommend that this be accepted. ===PAGE 3=== appointment. Acting Chief Gammel read his letter: Effective August I, 2020, 1 was selected to be the Acting Chief of Police. This will create a vacancy in the Lieutenant's position. This position is essential to the daily operations of the Police Department. It is my intention to fill this vacancy as an acting position. To fill this vacancy, I respectfully request that Det. Sgr. Jeffrey Thibodeau be elevated to the rank of Acting Lieutenant. Det. Sgt. Thibodeau has been a member of the Lunenburg Police Department since 2011, and obtained the rank of Detective Sergeant in July of 2014. Det. Sgt. Thibodeau has been a police officer since 2001 when he was hired by the Townsend Police Department. Prior to becoming a police officer, Det. Sgt. Thibodeau worked for the Bureau of Federal Prisons. Det. Sgt. Thibodeau holds a Bachelor's Degree of Science in Criminal Justice from Fitchburg State University. During his tenure with the Lunenburg Police Department Det. Sgt. Thibodeau has completed numerous investigative classes and trainings which led him to be assigned to the Federal Bureau of Investigations High Intensity Drug Trafficking Area (HIDTA), and the North Worcester County Drug Task Force. Det. Sgt. Thibodeau has also received leadership training through HIDTA, and has completed two sessions of the FBI LEEDA course. I believe with Det. Sgt. Thibodeau's work experience, education, and leadership skills he is extremely qualified for the position of Acting Lieutenant. I highly recommend Det. Sgt. Thibodeau for the position of Acting Lieutenant. Det. Sgt. Thibodeau thanked the Board members, Acting Chief Gammel and retired Chief Marino for the opportunity. Mr. Alonzo stated he thought this was a great choice and looked forward to his work as the Interim Lieutenant. Motion: K. Adams 2n°: T. Dwyer To ratify the Town Manager's appointment of Jeffrey Thibodeau to Acting Lieutenant Vote: Mr. Dwyer-aye, Ms. Adams-aye, Mr. Marino- abstain, Mr. Jeffreys- aye, Mr. Alonzo-aye Mr. Alonzo congratulated Detective Thibodeau. Dangerous Dog Hearing; Owner Katelynn Newton of 7 Cross Street, Leominster and dog housed at 964 Flat Hill Road, Lunenburg Mr. Alonzo stated this is an official hearing; everyone testifying has to be sworn in and they need to affirm that they are raising their hands when they do so. The complainant will present his testimony first. Then the owner and/or the keeper of the dog will present her testimony. Witnesses will testify next. The Board will also hear from the Animal Control Officer (ACO) and Police Department. This will be followed by Board questions and then the Board has to ===PAGE 4=== and Attorney Michael Kennefick representing the Town. Mr. Alonzo swore in all but Attorney Kennefick and all affirmed they would be telling the truth. The complainant, James Hazel, was not present. Officer Morreale reported, "On Thursday, July 9, 2020, I was dispatched to 125 Hemlock Drive for the report of a dog bite. The dog was reported to have bitten the victim in the neck. Upon arrival, 1 spoke with the owner of the dog, Katelynn Newton, 25, and her friend, Megan Huckins, 24. Ms. Newton and Ms. Huckins stated they were on the Hickory Hills private beach with "Ace" '. The beach is located across the street from 125 Hemlock Drive. Ace was on a leash and was being held by Ms. Huckins. While on the beach, Mr. Hazel approached them to tell them dogs were not allowed on the beach. It should be noted that there is a large sign on the beach that reads "NO ANIMALS." As he did so, Ace began barking and growling at him. Hazel asked if Ace was "ok" and Newton told him, "He's never bit anyone". Hazel reached in with his hand stretched towards Ace. At that point, Ace jumped up and bit him in the neck. Hazel provided the same series of events to Officer Broc. Newton stated she has never had any issues with Ace before. It should be noted that on April 4,2020, an Amazon delivery driver reported Ace ran at him and tried to bite him. The driver was able to get in his vehicle without being injured. Ms. Newton informed me Ace is up to date on all his shots and is licensed in Leominster. He currently stays at Carla Mangiacotti's home. James Hazel was transported to the hospital. Animal Control Officer (ACO) Kathy Comeau was contacted. She spoke with Katelynn Newton and Carla Mangiacotti over the phone. The dog was placed under a ten-day quarantine at Mangiacotti's residence. Ms. Comeau reported after receiving the message, she called Mangiacotti and told her she would be coming down to quarantine the dog. She did go down, quarantined the dog and spoke with her. Comeau called the hospital and spoke with Mr. Hazel. She spoke with the attending doctor who said he was going to give him stitches and that it was a pretty bad bite. He said it was one bite looking like the throat was grabbed and released. She called Mr. Hazel and talked to him a few times afterwards and he said he was getting better and was traumatized. She called Leominster and got Ace's license number and then called the Leominster ACO to confirm the rabies shot was good until 2022. The Leominster ACO reported no past incidents with this dog. Ms. Comeau stated that is all I know about the dog. There is an electric fence at Carla Mangiacotti's home. I talked to the UPS delivery man and he said the dog never left the property but he was scared of him, got into his truck and called the Police to report it. He was on their property and said he should have abided by the posted signs, but he didn't and went to the door. The dog came flying out. Attorney Kennefick recommended accepting the incident reports filed for the record of this hearing in the event of an appeal. Mr. Alonzo read the following to be entered into the record: Incident report dated April 4, 2020; reference number 20Lun-313-OF, Call # 20- ===PAGE 5=== Mr. Alonzo asked if the dog at any time while leashed, had pulled away and was not being held by the leash. Officer Morreale stated he did not know. Mr. Jeffreys asked ACO Comeau and Officer Morreale about the signage mentioned earlier at the house. Ms. Comeau stated the signs read "Beware of Dog," and there are notices stating the electric fence was present. Mr. Jeffreys asked if there were other dogs there. Ms. Comeau stated yes. Jeffreys asked if there were any other witnesses at the beach. Officer Morreale stated yes, there was a friend of Newton's, Megan Huckins. Ms. Adams wondered why the dog was not licensed in Lunenburg instead of Leominster. ACO Comeau stated it was explained to her that Ace, owned by Katelynn Newton and her boyfriend, is housed by the boyfriend's mother, Carla Mangiacotti at Flat Hill Road because of some "problems." Mr. Jeffreys asked for a description of the injuries sustained by the bite. ACO Comeau stated the doctor told her it was near the Adam's apple of the throat and it was deep and needed stitches. Mr. Alonzo noted Officer Melnicki's narrative is on the last page of incident report, reference number 20Lun-670-OF, Call # 20-42065. When asked by Mr. Marino how many dogs were at 964 Flat Hill Road, Ms. Comeau replied three. Carla Manglacotti, 964 Flat Hill Koad, stated she was not present during the dog bite. Mr. Alonzo requested Katelynn Newton to testify. Ms. Newton stated she and Ms. Huckins took Ace to Hickory Hills; we weren't really aware of the signage on the beach. We took Ace for a little walk, we grabbed food and sat down at a picnic table and we were eating. While we were eating I noticed a car watching us for a few minutes and the person was sitting in the car watching us on the beach and I thought that was a little strange. I felt uncomfortable and called Carla Mangiacotti and told her. Twenty minutes to a half hour later, my friend was sitting on the beach and I went to get Ace a cup of water. Megan Huckins was holding Ace and I heard a barking noise and I grabbed his leash and I noticed Mr. Hazel was approaching us. I had the leash which has two handles on it and I was holding Ace with both hands. Mr. Hazel asked if Ace was friendly. I said he was friendly but with the coronavirus etc. going on and being creeped out by the guy getting near us, I did not want him to touch the dog. Before I could say any more, Mr. Hazel (Ms. Newton showing how) bent over and put his face into my dog's face and that is when Ace nipped him and Ace then came next to me and sat down. I asked Mr. Hazel if he was okay and he said he bit me. I instantly put Ace into the car and Mr. Hazel went to his house. He was gone for about 15 minutes and I walked onto the property and asked him if he was okay. He came out of his house with a fury and was yelling at me and saying my dog bit him and he better have all his paperwork and getting all mad at me. I said he (Ace) has all his paperwork and he had everything he needed. He then kept following me and my friend around and being argumentative and at that point I just walked away from him and I said I have everything to show you. I showed him my dog's rabies paperwork on my phone and he said if he has everything we need, then ===PAGE 6=== aver blower va bille belli up on us and approaching us out of nowhere. He made me feel very uncomfortable because there was nobody else on the beach except for me, my friend and the dog. For somebody to be sitting in that car for 10 minutes just staring at us is kind of uncomfortable. Mr. Marino asked Ms. Newton if the victim was a resident of the Hickory Hills area. She replied she did not know but he was in a house across the street. Mr. Marino asked how long he was there. She stated he was in the car for ten minutes, then went in the house and came back out after around twenty minutes. She added since the incident Mr. Hazel has driven slowly by 964 Flat Hill Road and it makes her uncomfortable because she has an eight month old baby there. When asked she added Dean Mangiacotti did report to an officer who dropped off paperwork that Mr. Hazel had been driving by the residence. Mr. Marino stated that was not in the report. She stated she did relate that to the officer and added Mr. Hazel did not punch her dog as reported. If he had, I would have been angrier. After he nipped Mr. Hazel my dog refrained back and I had no problem getting him into the vehicle. He never tried to go after Mr. Hazel. Mr. Marino asked if she had read the medical report. She stated no. Mr. Alonzo asked Ms. Newton to describe the dog. She showed the dog, a large white and black mongrel laying on the rug, adding that he weighed about 85-90 pounds. Mr. Jeffreys asked how many times she had been to this beach before. She stated she was only there that one time with Megan Huckins. Her aunt is a resident and she was staying with her at the time. He asked for confirmation that she saw the sign. She stated she only noticed it when the officer pointed it out to her. He asked if it was normally the case that when you have taken the dog to parks that there are signs that state that dogs are permitted or not? Ms. Newton stated typically I do pay attention but Ace has service paperwork for my boyfriend, so is usually allowed to go anywhere. But Dean wasn't with us. He asked about her reference to the bite as a nip. Can you describe what it looked like to you? She stated it was a mark where you could see the flesh a little bit and I only saw it quickly, there was no blood. She indicated closer to the side of the neck under the ear. Mr. Jeffreys thought it would be helpful if she saw the police report; the bite mark is in the middle of the neck around the Adam's apple. Ms. Adams asked where the dog is being kept tonight. Ms. Newton stated he resides at 964 Flat Hill Road. Mr. Alonzo asked if you had to assess how long the incident took from the time he asked if the dog was friendly to the dog bite and he stands up and he and the dog are separated, how long did that take? Ms. Newton replied it was not even five seconds, it was quick. Mr. Alonzo asked if Mr. Hazel went back to his house after. Ms. Newton stated yes and he went back to his home for about fifteen minutes. I went on to his property after about ten minutes and I was yelling to him, "Sir, sir. " I did not know what was going on or if he was okay. From what I saw of the wound it looked like he was okay and I was like what's going on? He eventually came out and he said he was calling the ambulance and the cops. I said okay, if that is what you need to do and that is when the police showed up. Mr. Alonzo asked if Mr. Hazel had ever approached you or did you ===PAGE 7=== Ms. Newton to Mr. Jeffreys, clarified an earlier statement that she would have been more angry if Hazel had punched her dog. She stated she has talked to two insurance agencies and a lawyer and this is the first time I heard that he had said he punched the dog. I was very calm and collected the whole time. He told one of the insurance companies that I had to physically rip my dog off him because he kept attacking him. If that was the case Hazel would have had more bites and if my dog was attacking him there is no way I could have pulled the dog off of him. He also told another insurance company that he was bitten in the face by my dog and that did not happen. Mr. Dwyer asked Ms. Mangiacotti to confirm that Ms. Newton had called her. Ms. Mangiacotti stated yes, she called me and said there was a creepy guy watching her and her friend and she did not feel comfortable and she wondered if I could come pick her up and the dog up and bring her home. On my way to pick her up I got another phone call and she was crying but we got disconnected and then I arrived there on the scene. Ms. Adams noted the dog breed should not be considered and the dog under that presented situation could have sensed Ms. Newton's discomfort and been protective. She asked ACO Comeau if dogs are looked at differently in these situations if the dog was being protective versus attacking someone outright. Ms. Comeau believed the dog was being protective under the circumstances. Dogs can sense anxiety. Both girls were anxious and the dog was feeling that and then with Hazel leaning over in front of him, I am sure that is the reason he bit him. Ms. Mangiacotti added that she has known this dog since he was very young and lived at her house. He along with my other two dogs are on an electric fence and are all very well behaved. Ace is the most laid back and friendly dog. They (Ms. Newton and her son) take the dog everywhere. People come up to him and pat him. He barely even barks, he is so mellow. I trust him around my granddaughter, never had any feelings about him being aggressive, he is just a good boy. I saw this man (Mr. Hazel) and he was jumping around before he got in the ambulance. There was no blood coming from his neck, not that I am minimizing the bite at all. If he had to punch him off his neck, he would have torn his neck. The fact that he is lying about one thing, tells me he is lying about other things. I believe Ace was protecting the girls. As far as the Amazon driver, there are signs posted and he was not supposed to enter the yard. I will add Hazel is trying to sue me and Hickory Hills. He has not had an income in so many years, we investigated him; he has eight active court cases. As a dog person I know nobody who would go up to a dog whether they are familiar with them or not and stick their face in front of them. Especially if the dog barks at you at all, you would just stand still. He clearly was not thinking at all. No, he should not have been bitten but he was pretty foolish. If he had a problem with the girls on the beach, he should have called the police. Why would you get out of your car and go up to them after watching them? No reason especially with Covid-19, to be walking up to people. I appreciate you allowing me to speak. I really hope you will take the whole picture into consideration. ===PAGE 8=== Mr. Marino asked Ms. Mangiacotti about the phone call from Ms. Newton when she was crying. Was that because of the creepy guy watching them? Ms. Mangiacotti stated no, the second call was when she was driving over to pick them up and she was crying because the dog had bitten Mr. Hazel. Marino asked Mangiacotti if she had called the police when Newton said there was a creepy guy watching them. She stated no, she did not think to. Marino asked Ms. Newton did you not say earlier the guy asked you if he could pet the dog. Ms. Newton stated no, he asked if he was friendly and kept walking up to us and before I could say I don't want you touching him, he shoved his face into the dog's face. Discussion ensued on whether to continue the hearing or not. Acting Chief Gammel noted they nave been in contact with Mr. Hazel prior to this hearing and he was adamant about appearing and had specific requests on what he wanted to see done. He offered to have an officer serve him a notice by hand delivery for next week. Motion: M. Jeffreys 2nd:T. Dwyer To continue this hearing until August 11' at 7:10 p.m. Vote: Ms. Adams- aye, Mr. Marino-aye, Mr. Dwyer-aye, Mr. Jeffreys- aye, Mr. Alonzo - aye INTERVIEWS/APPOINTMENTS/ RE-APPOINTMENTS/RESIGNATIONS Resignation: Personnel Committee- Michael Fiorentino-effective July 23, 2020 Ms. Lemieux reported Mr. Fiorentino has moved out of town. Mr. Alonzo accepted his resignation on behalf of the Board and asked that a thank you letter be sent. Joanna Bilotta - Simeone, 362 Sunset Lane, was requesting to be appointed to the Personnel Committee with a term to expire June 30, 2022. Ms. Bilotta - Simeone stated she was volunteering to help within the community and had served on the Planning Board for ten years. She is on the Lake Shirley Improvement Corporation election committee. She has HR experience with the North Middlesex Regional School District. She has sat in on union negotiations and created job descriptions. She has been watching the Personnel Committee zoom meetings. Motion: J. Marino 2nd: T. Dwyer To appoint Joanna Bilotta - Simeone to the Personnel Committee with a term to expire June 30, 2023 Vote: Ms. Adams-aye, Mr. Marino- aye, Mr. Dwyer-aye, Mr. Jeffreys-aye, Mr. Alonzo-aye Appointment to Agricultural Commission Associate: Stephanie Scofield- 870 Massachusetts Avenue-term to expire June 30, 2023. Ms. Scofield is a small farm owner in town. She has horses and used to be a 4-H leader. She grew up farming and wants to offer her services to the Town. She met with the commission at their last meeting. ===PAGE 9=== Ms. Lemieux read her memo to the Select Board aloud: At the March 10th meeting, prior to the shutdown of town offices related to the pandemic, I had reported to the Board that at the end of fiscal year 2020, we would be completing three years with Mead, Talerman, and Costa providing Town Counsel Services and they have not increased our retainer for those three years. Mead, Talerman and Costa is proposing an amendment to their retainer agreement that would increase our monthly retainer $455/month. The proposed fee increase is to adjust for inflation since 2017 and is based on their amended agreement reflecting this increase which is included for the Board's review. It would be my recommendation to continue services with MIC at the proposed retainer fee that increases the average hourly rate by $10.95/hour. I have reviewed the Legal Expense account and based on the previous year's expenses and the current year's projected expenses, there are sufficient funds in that account barring any extraordinary unforeseen legal expense. The proposal is to increase the $6,500/month fee to $6,955/month, an additional $455/month, or 7%. The $156.47/hour average from the last two (2) calendar years equates to approximately 41.54 hours/month. Based on the average and approximate hours/month, the proposed adjustment is expected to increase the rate to $167.42/hour, i.e. an hourly increase of $10.95. Attorney Costa stated the firm evaluates their rates annually for all their clients by calculating their effective hourly rate. The hourly rate for 2018 was $142 per hour. In the municipal world most towns are being billed between $180 to $225 per hour for legal services, so $140 was a bit low for that first year. For the second full calendar year (2019), the average hourly rate was $170 per hour. We are proposing to adjust the annual retainer amount to reflect a cost of living increase, usually around 2.5%. It is about a 7% increase over three years. Motion: J. Marino 2nd: M. Jeffreys To approve the increase of the monthly fee to $6955.00 for Mead, Talerman and Costa Vote: Ms. Adams-aye, Mr. Marino-aye, Mr. Dwyer-aye, Mr. Jeffreys-aye, Mr. Alonzo-aye Mr. Costa thanked the Board. l. CURRENT BUSINESS 1. Discussion on Renewal of Earth Removal Permits Ms. Lemieux stated this agenda item was added in anticipation of the upcoming renewal of earth removal permits on August 18th. Mr. Jeffreys asked why the Building Commissioner was recommending the completion of the rear berm at the site of 1325 Massachusetts Avenue by November 30th. Property owner Dan Proctor stated that would not be a problem. Mr. Alonzo suggested the Board members send any questions to Mr. Burney in advance of the renewals related to his memorandum recommendations for the earth removal permits as he would not be ===PAGE 10=== Motion. o. Marine - •Ia. dellreys To authorize Chairman Alonzo to sign the IMA on behalf of the Board Vote: Ms. Adams-aye, Mr. Marino-aye, Mr. Dwyer-aye, Mr. Jeffreys-aye, Mr. Alonzo-aye The Board returned to OLD BUSINESS 2. Review of FY21 BOS and Town Manager Goals Mr. Alonzo noted Goal # 2 was amended as follows: 1. Goal #2: Enhance Facilities Management and Maintenance: a. Objective: To look at the feasibility of creating an independent facilities department and improve the long term maintenance and repair plan for town facilities. i. Action: Review the current organizational structure and determine if a reorganization that separates Facilities from the Department of Public Works would create greater efficiencies. Follow the process in the Town Charter as required for any reorganization. ii. Action: The Facilities Director utilizes SchoolDude, a computerized maintenance management software, for building users to schedule repairs or other building related issues. The Town Manager will work with the DPW to look into utilizing other modules offered by SchoolDude our current maintenance management software or a different maintenance management software in order to create preventative maintenance schedules and track the management of the town's assets. This would inform the long term strategic plans for town facilities and that would be used to create preventative maintenance schedules and asset management that would informassist the Town each year during the capital planning process for facilities. Motion: T. Dwyer 2"d: J. Marino To accept the amended Town Manager goals for FY21 Vote: Ms. Adams-aye, Mr. Marino-aye, Mr. Dwyer-aye, Mr. Jeffreys-aye, Mr. Alonzo-aye Mr. Alonzo presented the Select Board goals as drafted and discussed at a previous meeting. Objective 1: To identify, define and propose at least one project to the 2021 Annual Town Meeting regarding the use and/or re-use of the Old Primary School building, and/or the land on which it sits (a continuation of last year's Select Board Goal - Objective 2, with additional actions) i. Action: Have open sessions with other boards, committees and commissions as well as with the general public in discussing the options defined from last year's goal. Evaluate the pros, cons and costs for each option, potential variations as well as possible timelines. ===PAGE 11=== Objective 2: Objective 3: on open space and a "Town Common" theme ili. 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 2021 Annual Town Meeting for vote, including approximate costs, plans and necessary funding. To review, discuss and revise (where needed) the re-appointment process of all annual Select Board appointments and to formalize that process into a policy for distribution. i. Action: Review the existing process step-by-step as well as any existing written policies that might pertain to the re-appointment process. Also review the Charter for exact list of Select Board appointments. ii. Action: Ask for initial input from all affected appointed bodies. Discuss improvements that might be made to streamline, clarify and strengthen the process. Write a draft policy and distribute to all affected appointed bodies for their review, suggestions and recommendations. Also make it available to the public for their input as well. ili. Action: Collect all input from the review cycle of the draft policy. Finalize the reappointment process after discussing all the suggestions and recommendations that have been made and write the final policy for distribution. To analyze, discuss and strategize how to get more people actively interested and involved in volunteering for Town elected and appointed positions. i. Action: Review all existing methods and practices presently in place that inform and/or encourage people to volunteer. Discuss what is currently effective and what is not with an eye to determining why, as well. Talk about potential obstacles, challenges or hurdles to more widespread involvement. Work to determine how to improve existing methods, what new methods might be tried, and how obstacles might be removed to garner more active involvement from the public. ii. Action: Ask all current elected and appointed bodies for their input in determining the same issues as the Select Board will discuss in the previous action. Ask each elected and appointed member for a short ===PAGE 12=== Was de a St t proving volunteerson. Ensure that all changes are made public with an outreach campaign utilizing available media resources (public-access TV, newspaper, social media, etc.). iv. Action: Establish objective success criteria to accurately measure whether the actions taken did improve the situation. Motion: J. Marino 2nd. K. Adams To accept the BOS FY21 goals as presented Vote: Ms. Adams-aye, Mr. Marino-aye, Mr. Dwyer-aye, Mr. Jeffreys-aye, Mr. Alonzo-aye CURRENT BUSINESS (cont.) 3. Approval of Minutes of May 5, 2020; May 12, 2020 Motion: M. Jeffreys 2nd: K. Adams To approve the Minutes of May 5 and May 12, 2020 Vote: Ms. Adams-aye, Mr. Marino-aye, Mr. Dwyer-aye, Mr. Jeffreys-aye, Mr. Alonzo-aye 4. Warrants: Mr. Alonzo reported he had signed the following warrants the previous week: • Payroll W #2P21 dated 7/23/2020 in the amount of $639,220.22 • Payroll Deduction W #5 21 dated 7/22/2020 in the amount of $447,206.66 • Accounts Payable W #4 21 dated 7/21/2020 in the amount of $248,716.06 • FY21 15 Quarter Water Commitment in the amount of $7997.46 5. Action Items Mr. Alonzo wanted to ensure the following items stays on the agenda list: discuss the establishment of a Tricentennial Celebration Committee and discuss reinstituting the liaisons to other appointed and elected boards/committees. 6. Committee Reports Mr. Jeffreys reported the Council on Aging is continuing their Meals on Wheels program via home delivery on Mondays and Wednesdays which includes bulk meal deliveries for other days. There is also Drive Through Coffee pickup on Tuesday mornings and the Drive Through Brown Bag lunch pickup on Thursdays. There are some group programs/gatherings for 10 people or less at the Senior Center. During this time one concern about the senior community is keeping in contact with people as not everyone has a computer. There are farmers' market coupons available from the Senior Center. Starting this week on Wednesday there will be Tai Chi in the Park. ===PAGE 13=== boilers are in good condition and has more heating capacity than is needed, however new alt handlers will be needed. The ventilation system does not meet code requirements. All plumbing fixtures need to be replaced. The existing generator is working, but its size will need to be reassessed based on the redesign of a new interior layout. We are awaiting the detailed engineering analysis, civil, structural and mechanical, and the results of the hazardous material testing. There will be a building code review to identify all areas that should be modernized to meet current coding requirements. They firm has held interviews with town employees to see if there have been program changes since the 2015 Tappe Study. Three key items that stood out from staff requests were improving accessibility, an efficient and functional building and for it to be a "one stop shop." There was discussion about community use, specifically for the Lunenburg Boys & Girls Club, who are looking for additional space. The committee is asking this Board if it is within their purview to explore relocation or program expansion with the Boys and Girls Club or does another process need to proceed for that engagement. Mr. Alonzo believed it was within the committee's purview to discuss if the capacity exists to accommodate requests. Ms. Adams questioned what is the actual charge of the committee. Mr. Alonzo reminded this is a committee report not an agenda item for discussion. Mr. Alonzo stated the charge can be provided at the next meeting. Mr. Jeffreys stated part of the committee's charge is to get a better understanding of what is needed by town departments. We are still going through a detailed analysis of what the building needs. TOWN MANAGER REPORT Announcement on Existing Vacancies: The following is a list of vacancies on the following committees: . Agricultural Commission (1 alternate vacancy) • Americans with Disabilities Act Commission (1 vacancy) • Architectural Preservation District Commission (3 vacancies) • Fence Viewers (vacancies) • Historical Commission (3 vacancies) • Library Board of Trustees (1 vacancy) • Personnel Committee (1 vacancy) • Senior CenterProperty Tax Work Off Committee (1 vacancy) • Zoning Board of Appeals (2 Associate vacancies) Interested persons can find application forms on the Town Website and completed forms can be sent to the Board of Selectmen's Office. Update on State Aid: We received notification on Thursday, July 30th that the Baker-Polito Administration and the Legislature have committed to no less than the Fiscal Year 2020 level of funding for Unrestricted ===PAGE 14=== The engineer will also prepare an application for the Small Bridge Program to apply for construction funding. THES Asbestos Abatement: This project is in progress. Marked Police Cruiser: Bids were solicited and this will be ordered shortly. Self-Contained Breathing Apparatus: This order is in progress. ALS Equipment Phase 1: This is on hold right now. ACO Vehicle: This vehicle has been ordered, but is backordered and it will be many monthsbefore wereceive it. Midlife Overhaul of Squad 3: This is on hold right now. The pump may need to be repaired soon and would be approximately $15,000 out of the $65,000. Portable Radios: Fourradioswillbepurchased(approx. $2,000 outofthe $45,000) fornew officers. Others on hold now due to possible need for frequency changes. AC Design for Primary School: Currently is out to bid. Senior Center Front Entrance Reconfiguration: Design in progress and then will need to be put out Infrastructure Bond Bill (House No. 4932): The Legislature passed an Infrastructure Bond Bill that included $150,000 for the acquisition of turnout gear for the Lunenburg Fire Department and $100,000 for a fire alarm upgrade at the Lunenburg Primary School. This was sent to the Governor for approval on August 3rd and is waiting for his approval. I had notified the Board in May that Representative Hay had notified me of this bond bill that required a list of any projects by the next day so I had provided the list we had formalized for our legislators in February and two of the four projects were chosen out of that list with reduced amounts for each project. A Bond Bill is not like an earmark in that it is guaranteed funding. We would need to formally request these funds be released through a bond and it would require the Governor's approval. I have requested additional information from our Senator and Representatives on the formal process to make these requests and if any projects from prior bond bills have been requested and funding released. Community Development Block Grant Award: In April I had reported to the Board that I had read the federal stimulus package at that time had Community Development Block Grant (CDBG) funding so I had reached outto Montachusett Regional Planning Agency (MRPC) to see if they would be able to assist us with putting together a CDBG application. In June I requested the Board authorize the Chairman to sign a letter of support for Lunenburg to participate in a regional Coronavirus Community Development Block Grant Application. MRPC put together this regional application that included Lunenburg, Shirley, Royalston, Townsend, and Westminster. The application request was for $264,500 for microloans for small businesses and support for local food banks. We were notified recently that we received an award of $296,100. The Town of Shirley will be the lead community that administers the grant and we are currently awaiting all the grant documents from the Department of Housing and Community Development. I will update the Board as this progresses. ===PAGE 15=== employees attending paramedic school have seen a delay in completing the program but the classes are expected to re-start in the fall. Treasurer/Collector: The Treasurer/Collectoris currently advertising the listof unclaimed checks on the town website. Asrequired by MGL, in order to return the funds to our general fund for checks that were never cashed, the Town is required to advertise on the website for 60 days, advertise in the paper twice for a period of time, and after a one year period at the end of the newspaper advertising can void the checks. The Treasurer/Collector is working towards another tax lien sale and auction for foreclosed properties. Land Use: The Land Use Director reported on a major greenhouse proposal from Bright Farms and a 2.5 MW solar project being developed by Nexamp on Electric Ave. that is currently going through the permitting process. The process for updating the Master Plan is moving forward; the Collins Center will be the consultant to conduct a new population study as the first step in the process. Cable: Public Access has seen a 9% increase in local programming. The Cable Manager and IT have ordered and will be installing the equipment needed to move towards having in-person meetings that we can also conduct Zoom meetings. The third channel, an educational channel, is up and running and we will be able to run Library programs and information on Storm water to meet one of the requirements in our MS4 permit. Library: The Library Directorreported that curbside check-out is going well. All returned booksare quarantined in the Community Room. The summer meal program called Project Bread that has operated out of the Library Community Room in the past is doing meal pick-ups at the TCP building Monday-Thursday 11 am-12:30 p.m. The summerreading program ends July 25th. COA: The Councilon Aging Directorreported therewillbean Armchair Travel program on August 3rd with a 10 person limit, Tai Chi in the Park on Wednesdays beginning on August 5th, and they have been having much success with their Drive Through events. Bingo will start up on August 6th and will be every Thursday 2-3 pm and on Fridays 10-11 am. Finance: The Finance Director is working on closing out Fiscal Year 2020 and has posted all Fiscal Year 2021 budget accounts to MUNIS. Meetings, Events and Other Announcements: • The Conservation Commission has a meeting on Zoom on Wednesday, August Sth at 7:00 p.m. • The School Committee has a meeting on Zoom on Wednesday, August 5' at 6:00 p.m. • The Planning Board has a meeting on Zoom on Monday, August 10th at 6:30 p.m. • Town Counsel will hold office hours on August 26th from 9 a.m. until 1 p.m. COVID-19 in Lunenburg and Board of Health Notices: The Board of Health issued their weekly update and as of July 31st, there are 73 confirmed positive cases in Lunenburg and one death. Town Beach: The Town Beach opened on Monday, July 13". Initially the system required registration 24 hours in ===PAGE 16=== and additional isolation barriers to be installed at the relevant buildings. The Facilities Director has installed additional wall mounted sanitizer units at all the entrances of town buildings and has ordered additional PPE for town facilities. Starting Monday, August 10" we will open Town Facilities, excluding the Library and Eagle House, to the public during limited hours. Starting Monday and until further notice the public hours will be 10 a.m. until 2 p.m. We will continue serving the public by appointments outside those hours. Any persons entering a town building will be required to wear a facemask and maintain their social distance of six feet. Hand sanitizer units have been installed at each entrance of each building and the public will be asked to use hand sanitizer upon entry. We are required to keep a log of every employee and visitor to each department and have thus far been utilizing Google Sheets to maintain this log. Departments will be asked to continue to maintain this log and therefore any public entering the building should expect to be asked their name and relevant contact information. Anyone that cannot wear a facemask due to a medical condition will need to contact the relevant department and an accommodation will be made to provide the service needed. Those entering the Town Hall and Ritter Buildings will be asked to enter in the front door and exit through the side entrance to make it a one way entry/exit. I will be monitoring how this goes with the departments and will make adjustments as needed. Use of Town Fields: Organized groups that wish to use town fields need to go through the Recreation Director Kayla Wright at kwright@lunenburgonline.com for scheduling field time. Public Meetings: At this time public meetings will continue to be held virtually. There are a number of considerations to be resolved before public meetings can be held at town buildings, including: • Our IT Department and Public Access has ordered the necessary equipment and is waiting on a few items that are expected to be delivered by the end of this week. The installation of the equipment is expected to begin next week. Until this is installed and tested out we cannot hold an in-person meeting that also has participants on Zoom. • The current gathering order for our town facilities is 8 people per 1,000 feet of enclosed space and given that the Town Hall meeting room where we are planning hybrid meetings is around 1,400 feet, this would equate to a maximum of 11 people social distancing. • Our guidance is different than the guidance issued by DESE for school re-openings and we *than the guida. do not have the ability as schools do to have control over the number of people in the building unless we had a designated person keeping track of capacity. • We are working with our cleaning company to see if we could have an increased cleaning schedule for them to come in on days after meetings but this has not been finalized. As the situation progresses, I will update the Board and the public on any changes in public meetings. Schools: Schools were required to submit three versions of re-opening plans to the Department of Elementary and Secondary Education by July 31s!. This included a fully remote learning plan, a hybrid model, and ===PAGE 17=== The store is currently trying to deplete their supply of plastic bags and build up their inventory of paper bags. At this time Hannaford is not charging a fee for the use of paper bags. Effective August 17, 2020 Hannaford will no longer provide single use plastic shopping bags and a fee for the use of paper bags will be reinstated. COVID-19 in Massachusetts (as of 7/30/20): As of July 30th there are 109,400 COVID-19 cases and 8,375 deaths and 1,161,454 patients have been tested to date by the MA State Public Health Laboratory, hospitals and commercial laboratories. Travel Order: Effective August 1, 2020, all visitors and returning residents entering Massachusetts must follow new travel orders. All visitors entering Massachusetts, including returning residents, who do not meet an exemption, are required to: • Complete the Massachusetts Travel Form prior to arrival, unless you are visiting from a lower-risk state designated by the Department of Public Health. • Quarantine for 14 days or produce a negative COVID-19 test result that has been administered up to 72-hours prior to your arrival in Massachusetts If your COVID-19 test result has not been received prior to arrival, visitors, and residents must quarantine until they receive a negative test result. Failure to comply may result in a $500 fine per day. Current Status: Step One of Phase II: On July 2, 2020 the Baker-Polito Administration announced that Phase III of the Commonwealth's reopening plan would begin Monday, July 6i. Currently the following businesses are able to be open in Step One of Phase III, subject to industry-specific rules concerning capacity and operations: • Movie theaters and outdoor performance venues; • Museums, cultural and historical sites; • Fitness centers and health clubs; • Certain indoor recreational activities with low potential for contact; • Professional sports teams, under the authority of league-wide rules, may hold games without spectators Current Gatherings Order: Under the updated gatherings order issued by the Governor on July 2nd, indoor gatherings are limited to eight people per 1,000 square feet, but should not exceed 25 people in a single enclosed, indoor space. Outdoor gatherings in enclosed spaces are limited to 25 percent of the facility's maximum permitted occupancy, with a maximum of 100 people in a single enclosed outdoor space. This includes community events, civic events, sporting events, concerts, conventions and more. This order does not apply to outdoor, unenclosed gatherings if proper social distancing measures are possible. This revised order does not supersede previously issued sector guidance, and is effective beginning Monday, July 6. ===PAGE 18=== circulated to the Board, Open Space Committee and Conservation Commission. She was contacted by Representative Sena's office. They have requested a complete copy of the current Town Charter and received it. She has a call scheduled with Rep. Sena tomorrow. Ms. Lemieux stated the Capital Planning Committee member at large position is appointed by the Town Moderator. Mr. Passios will be talking to him later in the week. Mr. Alonzo stated he would entertain a MOTION TO ENTER EXECUTIVE SESSION pursuant to MIGL c. 30 § 21, 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 (Lunenburg Education Association) and adjourn the meeting after exiting. Mr. Jeffreys made the Motion and it was seconded by Ms. Adams Vote: Ms. Adams-aye, Mr. Marino- aye, Mr. Dwyer-aye, Mr. Jeffreys-aye, Mr. Alonzo- aye The meeting adjourned at 10:12 p.m. ***************EXECUTIVE SESSION MINUTES ARE SEPARATE**** *** Respectfully submitted, Elaire m. Pelerson Elaine M. Peterson Executive Assistant to the Town Manager ======================================================================================== DOCUMENT : 2020-08-11-agenda-5207.txt BOARD : select-board DATE : 2020-08-11 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2020-08-11-agenda-5207.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_08112020-5207 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN Tuesday, August 11, 2020 7:00 PM 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 Town of Lunenburg, in response to the COVID-19 (Corona Virus) is currently following the guidance from the Lunenburg Board of Health, Massachusetts Department of Public Health and the CDC regarding the virus and steps communitie s can take to prevent the spread and all town facilities are open during limited hours. In accordance with the Governor’s Order Suspending Certain Provisions of the Open Meeting Law, G. L. c. 30A, § 20, all public meetings are being conducted remotely. This meeting will be broadcast live through local access cable, on FacebookLive on the Public Access Facebook page (https://www.facebook.com/Lunenburg-Public-Access-Cable-157427270975305/) and will be able to be found on the LunenburgAccess YouTube channel within 24 hours after the meeting. The following information is also provided for members of the public that would like to participate in the meeting remotely: To Participate Remotely: From a computer, please use the link below to join the public meeting webinar: https://zoom.us/j/9091740347 or From a telephone, dial the toll free number (888) 475-4499 and enter Webinar ID: 909-174- 0347 # If you have not registered with Zoom you will be asked for your name and an e-mail address. Note: No participant ID is needed, just press # when asked. Telephone users may dial *9 to request to speak after joining the meeting. Computer and app users may use the “raise hand” feature to request to speak. 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 CALL TO ORDER AND PLEDGE OF ALLEGIANCE I. PUBLIC COMMENT***  BOARD  PUBLIC II. ANNOUNCEMENTS III. APPOINTMENTS 7:10 PM Continuation of the Dangerous Dog Hearing-Owner Katelynn Newton of 7 Cross Street, Leominster and dog housed at 94 Flat Hill Road, Lunenburg IV. INTERVIEWS/APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS Appointment to Personnel Committee- Donna Fortune- 50 Hemlock Drive-term to expire June 30, 2023 V. WORKSHOP: ANNUAL REVIEW OF BOARD OF SELECTMEN POLICIES VI. CURRENT BUSINESS 1. Letter to MassDOT re: Night time Heavy Vehicle Exclusion on Main St., Highland St., West Townsend Rd, and Northfield Rd. 2. Discussion about the creation of a Tricentennial Committee 3. Discussion about Reinstating Liaisons 4. Discussion on TCP Building Design Committee Charge 5. Minutes for Approval: May 19, 2020, June 2, 2020 ===PAGE 2=== 6. Warrants: Payroll Warrant #3P21, dated 8/6/2020, in the amount of $651,248.31; Accounts Payable Warrant #6 21, dated 8/4/2020, in the amount of $449,936.40; Accounts Payable Warrant #7 21, dated 8/4/2020, in the amount of $7,723.46 (Reissue of old A/P checks); Payroll Deduction Warrant #8 21, dated 8/4/2020, in the amount of $24,792.33 7. Action Items 8. Committee Reports VII. OLD BUSINESS VIII. UPCOMING MEETING/EVENTS SCHEDULE August 18, 2020 IX. PUBLIC COMMENT***  PUBLIC  BOARD X. ADJOURN *** Per Policy, Public comment is limited to 15 minutes, with no more than 3 minutes per speaker except at the discretion of the Chairperson.