# select-board — 9 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 : 2020-08-11-minutes-5207.txt BOARD : select-board DATE : 2020-08-11 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2020-08-11-minutes-5207.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_08112020-5207 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== Members present: Tom Alonzo, Chairman; Michael-Kay Jettreys, Vice Chairman; Katey Adams, Clerk; Todd Dwyer, Jim Marino Also Present: Town Manager Heather Lemieux, ACO Kathy Comeau, Mike Kennefick, Town Counsel; Officer John Morreale Jr., Acting Police Chief Gammel, James Hazel, George Emond Jr., Megan Huckins, Katelynn Newton Chairman Alonzo called the meeting to order at 7:02 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: Dave Passios, 56 Whiting Street, following up on a conversation with Town Moderator Tim Murphy, stated the member at large position for the Capital Planning Committee has been posted. Matt Allison, 188 Flat Hill Road, commenting on the dangerous dog hearing this evening, stated to hold a dog responsible for protecting its owner in its mind and my mind is ridiculous. There was nothing done besides being somewhere they weren't supposed to be..it's unfortunate, but aside from that I do not see where there should be any blame or punishment towards the dog. APPOINTMENT: Personnel Committee- Donna Fortune- 50 Hemlock Drive-term to expire June 30, 2023 Ms. Fortune a resident for 36 years, is retired and has been in involved in many community organizations over the years. She has experience in writing job descriptions, the hiring process and interviewing candidates in her professional background. She looked forward to supporting the town and working with the Select Board, Town Manager and Asst. Town Manager, if appointed. Motion: K. Adams 2n°: J. Marino To appoint Donna Fortune to the Personnel Committee with a term to expire June 30, 2023 Vote: Mr. Dwyer-aye, Ms. Adams- aye, Mr. Marino-aye, MIr. Jeffreys-aye, Mr. Alonzo -aye Ms. Fortune thanked the BOS and exited the meeting. ===PAGE 2=== he went to the grocery store. When he came back he noticed the white car had a New York license plate, so he put his groceries away and started his grill and went over to tell the two girls that dogs were not allowed on the beach. "The dog Ace spun around and growled at me. I said is this dog going to attack me and Ms. Newton said no, he just doesn't know you. So I extended my hand a little bit to let him smell my hand and the next thing I know he jumped up around my neck and I swung with my left hand to get him off me. I felt his jaws release and immediately clutched my throat thinking okay, I survived this. Now how bad am I? I asked the girls if they could see anything. They could not, so I went over to ask my mother. She said no she could not. From my window I could see the beach and the car and I thought the girls were heading towards the car to leave. I came out and I called 911and Ms. Newton was saying, please don't call the Police. I said the Police and an ambulance are on the way. A neighbor passed by and I asked is this bad and he said you better call the Police, I said I already had. The paramedics showed up and said I needed to get in the stretcher right away. Ms. Newton said Ace was up to date on his shots. I said great, show that to the Police officers. When I got to the hospital the doctor looked at my neck and asked me what happened. I told him and I was on an antibiotic drip for a couple of hours and basically that's my story." Mr. Marino asked, "You said you came home from the grocery store and you walked over to the beach to tell them or ask them what they were doing there?" Mr. Hazel confirmed, "Yes, I did after I put my groceries away, I started my grill to make a sandwich. I decided to go over and let them know that it's private property and that there are no dogs allowed on the beach. Ilive right across the street." Mr. Marino asked, "At any time did you park in front of the beach for 20 minutes?" Mr. Hazel stated, "No, I did not." Mr. Marino asked," Have you read the Police report?" Hazel stated, "I do have a police report." Marino asked," When did you get the Police report?" Hazel stated, "The following day I came up and one of your officers took a picture of my neck and I got the report. " Mr. Jeffreys asked how many stitches did you receive? Hazel replied, "The doctor made a ground stitch and he said it was so deep he could not tell me how many he was going to give me because he had to give them to me in my muscle in my throat too. There were plenty. " Mr. Jeffreys asked, , "After the incident occurred, please walk me through your interaction with Katelynn Newton and Ms. Huckins in terms of what was said and how they reacted to the situation." Hazel stated, "When I was asking if they could see anything on my neck, Ms. Newton was yelling it was all my fault. All I wanted to know was am I bleeding badly. I had a little bandage on my neck and it wasn't bleeding badly. I walked over to my house and I knew I had to stay calm through this. I asked my mother, she said I can't see what happened. I said a pit bull just bit me in the neck, I walked over to the beach and they were going towards their car, which made me nervous because I don't know if this dog was up to date. I came over and Ms. Newton was saying she has all the vet paperwork on her phone. I told her please just show the ===PAGE 3=== vat usuall sorry, I did not hear it. I was more worried about my neck. To this day I never saw what it looked like." Mr. Jeffreys asked, "During all this do you recall seeing any other people at the beach?" Mr. Hazel said, "No." Ms. Adams stated to Mr. Hazel, "I am imagining at one point in time the dog and yourself were in separate spaces. Do you feel like the dog approached you or did you approach the dog?" Hazel replied, "When the dog growled at me I stopped and Ms. Newton said this dog doesn't know you. He won't hurt you. I extended my hand to let the dog smell my hand and the next thing I know, he had me right by the throat." Ms. Adams asked, "And the dog was on a leash being held by the owner?" Mr. Hazel stated, "Yes." Ms. Adams asked, "And you did move towards the dog?" Hazel stated, "No, when the dog growled I stopped right there and I asked Ms. Newton is this dog going to attack me? She said, "No he just doesn't know you." She extended the leash a little bit, not much and I extended my hand out to let him smell it and the next thing I knew, he's on my neck and I just hit him in the head and I felt his jaws release." Ms. Adams stated," I am certainly not minimizing the bite because that must be a very scary thing, but I feel like you expressed fear and that there could be an attack and then did not remove yourself from the dog; you went closer. I am just trying to understand in terms of putting my mind into the dog's mindset. We are ultimately deciding the fate of the dog. The dog if it was approached when it already was expressing hate... there does seem to be fear that you expressed and could there be an attack and yet you did not flee the situation which I think could have been minimized ..thank you." Mr. Marino asked, "At any time did you antagonize the dog?" Mr. Hazel said, "Absolutely not." Mr. Marino asked, "Did you tease it?" Hazel, "No." Marino asked, "Did you do something to entice it?" Hazel, "Absolutely not." Mr. Alonzo asked, "How long would you say from the time was that you put your hand out to let the dog sniff you until the time you say you hit it and it released?" Hazel, " Less than five seconds, it happened so fast, he grabbed, I reacted, like I said I felt his jaws release and I said to myself, I have a chance." Alonzo asked "At that point were you able to determine what the demeanor of the dog was right after it happened?" Hazel, "They put him in the car and the dog was going absolutely nuts." Alonzo asked" At no point was the dog off the lead or pulling the owner towards you, she was able to get the dog into the car?" Hazel, "Yes, because I had gone next door because I wanted to know how badly I was bitten. I moved briskly, I knew I needed to stay calm because I did not know how bad it was and I thought they might leave and I wanted to make sure the dog was up to date on its shots before I went anywhere." Ms. Adams asked," Did you sense the dog owner tried to leave or did they stay put?" Hazel, "I just sensed because they were heading towards the car, I didn't know if they were going to put ===PAGE 4=== and I actually worked in an animal hospital for two years in Belmont and the first thing they tell you is never put your face near a dog's face." Marino asked, "Have you ever been bitten by a dog?" Hazel, "No." Attorney Kennefick asked, "You said that you had come from the grocery store, so when you approached Ms. Newton, did you get out of the car and approach her or did you go in the house Hazel, "I went in the house first, I brought the groceries in and put them away, I started my grill, and then started heading over there towards them to let them know it was a private beach and no animals are allowed." Kennefick asked, "How high off the ground were you when the dog bit your neck? Were you kneeling down?" Hazel stated, "no, absolutely not. I am a tall man, I'm six foot, three inches and I did not put my face anywhere near that dog's face." Kennefick asked, "Did the dog get up on its hind legs?" Hazel replied, "No, he leaped." Mr. Dwyer asked, "You said the dog leaped at you and you are 6'3", the dog is roughly around 80 pounds, so did they record any other abrasions on your body from the dog's claws or anything like that? For a dog to leap at you like that is quite a distance." Hazel, "Like I said, I extended my hand and he jumped up and my reaction was to take my left hand and knock him off, and no, he did not leave any other mark." Mr. Alonzo asked Ms. Newton if she would like to add anything further. She stated," After the ambulance and police arrived I had no further conversation with Mr. Hazel at that time so I do want to say when he said I was trying to show my paperwork as he was getting into the ambulance, that was not the case. I was speaking to an officer and at that time I did have officers around me. My dog was laying down in the back seat of the car, he was not barking. I heard the police officer when speaking to the ACO, stating he is just lying in the back of the car. He continued to just lay there after the incident. " Mr. Alonzo asked Officer Morreale if that was what he observed. Morreale stated," Yes, we asked where the dog was and it was in the back seat, quiet and it did not make a noise or do anything when we approached the window to confirm it was in the back seat." ACO Comeau stated she was not there, "so it is hard for me to say anything. I was called after the fact. I just know what Mr. Hazel and the girls told me." Mr. Alonzo stated he was under the impression that Ms. Huckins was going to be here this evening. Ms. Newton stated she was too. Mr. Jeffreys asked Officer Morreale and ACO Comeau the testimony you are hearing today from Mr. Hazel and Ms. Newton and the testimony we heard last week from Ms. Newton. Is that consistent with what you heard on the day of the incident? Officer Morreale stated, "Obviously emotions are a little bit higher with people. Ms. Newton was very excited, it took some calming her down to get some answers. As for the testimony last week, Ms. Newton had stated that she saw the bite mark on the side of his neck. It was in fact in ===PAGE 5=== a quick thing, he did kneel down like I showed you last week; he knelt towards my dog. There was no other attack wise or viciousness towards Mr. Hazel. I just want to say that in defense of what he said because he did put his face in my dog's face." Ms. Adams asked Ms. Newton if you feel that the dog approached Mr. Hazel or Mr. Hazel left his space and approached the dog? Ms. Newton stated her dog would have never gone near Mr. Hazel. "Like I explained to you last week Ace has a double-handled leash as well as on his harness, so I had full control of my dog. I had him in two places and I never loosened up on my hold, so I never gave any room. Ace was approached as well as me and Ms. Huckins were." Ms. Adams asked if she recalled the comment where Mr. Hazel asked if he was going to be attacked. Ms. Newton stated, "He did not say that, he just asked like is he okay or is he nice, in that respect." Mr. Jeffreys asked Newton," On or about the 16" of July the ACO delivered to you a quarantine letter. Do you recall getting that letter?" She stated she got one in Leominster and Dean (Mangiacotti) got one hand delivered in Lunenburg. Jeffreys asked" Do you recall the date you red in Lunenburs, Jef got it?" She replied she was not 100% on the date. "But when I spoke to Ms. Comeau on the phone she gave me guidelines." Jeffreys asked did you have access to the ACO after you received the letter to ask any questions. Ms. Newton stated she did not. Mr. Jeffreys asked during the quarantine period did your dog ever leave Lunenburg. Ms. Newton replied no, he was on his electric fence and was muzzled when he went outside. When asked how old the dog was, she replied five years old. Mr. Marino asked Officer Morreale, it states in the incident report, "As he did so, Ace began barking and growling at him. It was noted that Ace almost pulled away from Megan." Is that what she told you? Morreale stated that is what we were told, yes. Marino stated he assumed this is Hazel approaching the dog and she says according to your report what she's telling you is that he has never bitten anybody and then it says he almost pulled away from Megan (Huckins). Morreale stated yes, Megan Huckins was holding the dog is what we were told. Mr. Jeffreys asked Morreale, Comeau and Chief Gammel to the best of your knowledge since July, has the dog left Lunenburg? Ms. Comeau stated, "No, I delivered the quarantine letter the night of the incident; I delivered it to Ms. Mangiacotti and then I checked on the dog and spoke to the neighbors." Acting Chief Gammel to Mr. Jeffreys, "I think you are referring to a report that the dog left the state and went to Maine. We sent an officer to verify that information and initially we were told a couple of different stories by people at Flat Hill Road residence. We were contacted later and verified that the dog did not leave. We had no evidence that the dog had left the area." Mr. Alonzo closed the testimony portion of the hearing and thanked everyone for providing it. Mr. Hazel asked if the Select Board has seen photos of his neck before and after the steri-strips were removed. Mr. Alonzo confirmed they were in the report. ===PAGE 6=== a blanket by the swing set and the man drove by very slowly and was looking at us weird and that is when I first noticed him. "He pulled into his house and then came over very awkwardly to us. I had Ace and he had kind of dragged me a little bit when he saw the guy, but I pulled him back and handed him over to Ms. Newton because it's her dog. When we were over there he was asking us is he dangerous? We were like no, he just gets excited when he's around people. So when we were talking Ms. Newton had the leash and he was standing about 6 feet way from us and he had moved closer to us after he had asked us if the dog was dangerous. Then he had leaned down like he was going to pet the dog and Ace just got him for a second and the guy backed up, stood up and started yelling and ended up going back into his house for a little bit. I put the dog in my car so we could figure out what was going on." Mr. Alonzo do you remember specifically what Mr. Hazel asked? Huckins stated, " He had asked is the dog dangerous?" We said no he just gets excited. That's when he moved more forward and leaned down like he was going to pet the dog and that's when everything happened. He had gone back into his house and the Police were called. The guy was in there for 10 -15 minutes and came back outside and the Police had shown up at that point." Alonzo asked "How was Ace was reacting at that point?"' Huckins stated, "He was fine, he was just sitting in my car just staring at us. I don't even think he realized what happened. Even after he bit him, he was not growling at him or trying to like break off his leash." Ms. Adams asked her if the dog crossed into Mr. Hazels' space or did Mr. Hazel go into the dog's space? Huckins stated," The dog was standing there still in the same position, he wasn't pulling at the leash hard trying to get at the guy. There was a little slack in the leash. You know how dogs get excited, he was just moving around. The dog was standing there, we had the leash, the man walked forward and he leaned down to go pet the dog. I don't know, I thought it was pretty dumb." Ms. Adams asked, "At what level did the bite take place, low to the ground or at a standing height?" Huckins replied, "Low to the ground, he was crouching and leaned down to pet the dog. Ace was level to his face, it's not like Ace jumped up and attacked him. He came down to his level and kind of had his face near to the dog." Mr. Dwyer asked, "When Mr. Hazel had initially driven by, how long after the incident did it take for Ms. Newton to call Ms. Mangiacotti to come pick her up?" Ms. Huckins stated, "It was right before. That's why I had Ace, I was sitting on the blanket on the sand and I thought she was calling her then." Mr. Alonzo thanked her for her testimony. The Board returned to deliberation. Discussion ensued on whether the dog was dangerous or if the dog thought it was defending itself. Motion: M, Jeffreys 2n: T. Dwyer To designate Ace, owned by Ms. Newton, a dangerous dog Vote: Mr. Dwyer-aye, Ms. Adams- aye, Mr. Jeffreys- aye, Mr. Marino-aye, Mr. Alonzo- nay ===PAGE 7=== 2. That the owner or keeper of Ace provide proof of insurance in an amount not less than $250,000 insuring the owner or keeper against any claim, loss, damage or injury to persons, domestic animals or property resulting from the acts, whether intentional or unintentional, of the dog; or proof of reasonable efforts were made to obtain insurance and if it is obtained, to provide proof upon request of coverage or the efforts to obtain the insurance. That the owner or keeper of Ace provide to the Board of Selectmen, or the Town's Animal Control Officer, information by which Ace may be identified, throughout its lifetime including, but not limited to, photographs, videos, veterinary examination, tattooing or microchip implantations, or a combination of any such methods of identification. Discussion: Mr. Alonzo asked if the dog is licensed in Leominster and if relocated to Leominster, what is the enforceability of this? Attorney Kennefick stated the order follows the dog anywhere in Massachusetts. Vote: Mr. Dwyer-aye, Ms. Adams-aye, Mr. Marino-aye, Mr. Jeffreys-aye, Mr. Alonzo - aye A written order will be drafted and served to Ms. Newton. She has 10 days to appeal this order upon receipt. Mr. Alonzo to Ms. Newton stated if the dog is remaining in Lunenburg, you need to license the dog in town. He thanked everyone for their participation. I. CURRENT BUSINESS Letter to MassDOT re: Night time Heavy Vehicle Exclusion • Main Street • Highland Street • West Townsend Road from its intersection with Northfield Road to Route 13 (Chase Road) • Northfield Road from its intersection with Highland Street to Route 13 (Chase Road) Mr. Marino stated as Police Chief he initiated this process a while ago due to increased heavy vehicle traffic, extreme noise and vibration from commercial trucks using brakes, excessive speed, danger to children, and severely damaged roads. These are just some of the complaints set forth by the residents of these streets. Mr. Alonzo stated before we approve this we should find out what are the hours of exclusion. Mr. Jeffreys stated he had researched the law and it states one hour after sunset on one day to one hour before sunrise the following day. Based on that definition it would cover business hours the entire year. Mr. Marino noted this exclusion has nothing to do with delivery trucks. This is strictly trucks that are using these roads to pass through as a shortcut. ===PAGE 8=== creation of a special committee; that is was under the purview of the Select Board through the Charter as far as appointing multiple member bodies. Section 3-2 states, "members of other multiple member bodies the functions of which do not involve direct operating responsibilities, but, which are, primarily, policymaking or advisory in nature." Ms. Adams thought 300 years was a pretty big deal. She wanted this committee formed early because we need to define what turning 300 means for the Town, what is our vision, capital items, projects etc. Mr. Alonzo started with a charge for the committee. Ms. Adams suggested the composition of the committee should be determined as well. Ms. Adams will draft something up and present it at a future meeting. 3. Discussion about Reinstating Liaisons Mr. Alonzo stated he was in favor of having liaisons in order to provide an ear for the Select Board to what is going on in other boards' meetings. Mr. Dwyer, also a Conservation Commissioner, was happy to report on their meetings to the board. He thought it made sense and supported it. It adds value because people have limited time. Ms. Adams thought it was a good idea and volunteered to cover School Committee meetings. Mr. Marino thought it was a great idea. Mr. Jeffreys stated he already does it for Council on Aging and the Library, but we only have so much time. He asked how Mr. Alonzo envisioned this. Mr. Alonzo stated we should start with a list of who we would like to hear about. It's not about getting involved in the meeting, just providing a summary of what is going on. Mr. Dwyer suggested asking Chairs to come in once a month or quarterly to provide brief updates. Further discussion ensued about the options. Mr. Alonzo suggested members provide a list of suggested groups to him to compile for another meeting. Dave Passios, 56 Whiting Street, cautioned about Select Board members trying to impose themselves into any meetings. Ms. Adams stated offering to be a liaison does not mean I am sacrificing my ability to participate as a citizen. I would always state I was speaking as a citizen. Matt Allison, Planning Board Chairman, suggested if liaisons do attend that they are there due to questions brought to them but not as participants in the meeting. 4. Discussion on TCP Building Design Committee Charge Mr. Alonzo believed the 2019 annual town meeting article defined the charge: ARTICLE 24. To see if the Town will vote to raise and appropriate or transfer from available funds a sum of money for the design and engineering to consolidate town offices, school uses and community space at the building and land known as the TC Passios, located at 1079 Massachusetts Avenue, shown on Assessor's Map 060, Lot 055, and any and all incidental and related costs, including but not limited to, site evaluation, engineering and final design services: or take any other action relative thereto. Mr. Jeffreys stated the committee also views their charge to include site evaluation, engineering and final design services. Right now they are at the site evaluation phase. ===PAGE 9=== Jeffreys, Select Board; Brian Lehtinen, School Committee; David Passios, Finance Committee and Tanner Cole, Planning Board. Mr. Alonzo asked Mr. Passios and Mr. Roy, who were signed in to the meeting, what their perspective was on the charge of the committee. Chairman Greg Roy stated we are appreciative to hear your interpretation of our charge is what we thought it was. We have placed the article wording right on our agenda. He stated the lack of minutes was weighing heavily on him as well. Although this does not substitute our responsibility for minutes, we have made certain that our meetings are all recorded to ensure transparency. We are working to get caught up. Mr. Passios noted they did address the issue at our last meeting. He asked for clarification on whether the article he had should state school "offices" or school "uses". Ms. Lemieux stated school uses was the correct wording. 5. Minutes for Approval: May 19, 2020, June 2, 2020 Motion: J. Marino 2'°: M. Jeffreys To approve the minutes of May 19 and June 2, 2020 as presented Vote: Mr. Dwyer-aye, Ms. Adams-aye, Mr. Marino-aye, Mr. Jeffreys- aye, M., Alonzo- aye 6. Warrants Mr. Alonzo reported he signed the following warrants last week: • 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- there were none 8. Committee Reports -there were none WORKSHOP: ANNUAL REVIEW OF BOARD OF SELECTMEN POLICIES Ms. Lemieux reviewed the blue lined changes to the policies. The first was the Table of Contents: it denotes what was changed last year and where they were placed. Page 5 shows the change to the number of days from 42 to 47 for the deadline for filing warrant articles. On Page 15 Ms. Lemieux was recommending adding the following wording to the permissible reasons someone can participate remotely, "or illness of person board if caring for." ===PAGE 10=== Mr. Alonzo suggested holding a September workshop on the following: placing a ballot question on the election ballot, reasons for denying a tollbooth fundraiser event, and a sign policy for requests by non-profits to place signs on town property. Mr. Alonzo noted their next meeting is August 18'h PUBLIC COMMENT: There was none. Motion: K. Adams 2nd: M. Jeffreys To adjourn the meeting at 9:45 p.m. Vote: Mr. Dwyer-aye, Ms. Adams-aye, Mr. Marino-aye, Mr. Jeffreys- aye, Mr. Alonzo- aye Respectfully submitted, Claim Peterson Elaine M. Peterson Executive Assistant to the Town Manager ======================================================================================== DOCUMENT : 2020-08-18-agenda-5209.txt BOARD : select-board DATE : 2020-08-18 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2020-08-18-agenda-5209.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_08182020-5209 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN Tuesday, August 18, 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 7:05 PM Public Hearing for an application to Transfer an All Alcohol On Premise License to Embers Lounge & Restaurant LLC d/b/a Embers Pizzeria, 84 Lakefront St. & Temporary Extension of Premises to 55 x 20 feet through November 1, 2020 & `Common Victualler License for Embers Lounge & Restaurant LLC 7:15 PM Earth Removal Permit Renewals: PJ Keating Company Permit #15, 16, 17, 27, 30, 57; Dan and Jean Proctor, 1325 Mass Ave Permit #60 IV. INTERVIEWS/APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS Fence Viewer- Timothy Willsmer- 762 Northfield Road V. CURRENT BUSINESS 1. ACO Quarterly Report (April – June 2020) 2. Discussion on holding public meetings at other buildings 3. Election Warrant for 2020 State Primary ===PAGE 2=== 4. Approval of Minutes 5. Warrants 6. Action Items 7. Committee Reports VI. OLD BUSINESS 1. Discussion about the creation of a Tricentennial Committee 2. Discussion about Reinstating Liaisons VII. TOWN MANAGER REPORT AND COVID-19 UPDATE VIII. UPCOMING MEETING/EVENTS SCHEDULE September 1, 8, 15, 22 IX. PUBLIC COMMENT***  PUBLIC  BOARD X. EXECUTIVE SESSION: Motion to enter into Executive Session and to adjourn after exiting Executive Session: Pursuant to M.G.L. c. 30, Section 21, Paragraph 3, to discuss strategy with respect to litigation, where an open meeting may have a detrimental effect on the government’s litigating position and the Chair so declares, namely Aldrich, et al. v. Board of Selectmen of the Town of Lunenburg, et al., Worcester Superior Court Docket No. 1985CV00647, Lunenburg Bd. of Health v. Gonynor, et al., Central Housing Court Docket No. 04H85CV000229, Massey v. Town of Lunenburg Zoning Bd. of Appeals, Worcester Superior Court Civil Action No. 1985CV01033; Town of Lunenburg v. Alleva, Central Housing Court Docket No. 16H85CV00812, National Prescription Opiate Litigation Case No. 1:17-MD-2804, and approval of Executive Session meeting minutes related to these cases. XI. 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 : 2020-08-18-minutes-5209.txt BOARD : select-board DATE : 2020-08-18 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2020-08-18-minutes-5209.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_08182020-5209 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== Members present: Tom Alonzo, Chairman; Michael-Ray Jeffreys, Vice Chairman; Katey Adams, Clerk; Todd Dwyer, Jim Marino Also Present: Town Manager Heather Lemieux, Casey Burlingame, Building Commissioner; James Xarras, Margot Xarras, Ken Ricker, Dan Proctor, Attorney Rob Bowen Chairman Alonzo called the meeting to order at 7:01 p.m. and announced in accordance with the requirements of the Open Meeting Law, please be advised that this meeting will be recorded and broadcast live over the Lunenburg public access channel, and will be able to be found on the Lunenburg Access YouTube channel within 24 hours after the meeting. Mr. Alonzo read the remote meeting information and asked if everyone was present and could be heard. The meeting opened with the Pledge of Allegiance that was recited by Ms. Adams. PUBLIC COMMENT: Rob Bowen, 1686 Massachusetts Ave., wanted to compliment Town Manager Lemieux when she attended a Chamber of Commerce session on how local communities are dealing with Covid- 19 and she acquitted herself very well and thought he would let the Board know she did a great job representing the town. Greg Roy, 105 Chestnut Street, representing the TCP Building Design Committee, announced they have some upcoming meetings on August 31, September 10 and 21 at 6:00 p.m. via Zoom. The committee is interested in hearing any and all voices, particularly organizations that have some interest in this project. He directed the public to their webpage and their members email addresses. APPOINTMENTS 7:05 PM Public Hearing for an application to Transfer an All Alcohol On Premise License to Embers Lounge & Restaurant LLC d/b/a Embers Pizzeria, 84 Lakefront St. & Temporary Extension of Premises to 55 x 20 feet through November 1, 2020 & 'Common Victualler License for Embers Lounge & Restaurant LLC Mr. Alonzo read the hearing notice: The Lunenburg Licensing Authority will hold a public hearing on Tuesday, August 18, 2020 at 7:05 p.m. on the application submitted by Embers Lounge and Restaurant, LLC d/b/a Embers Pizzeria for the transfer of an All Alcoholic Beverages, General On-Premises license, located at 84 Lakefront Street, Lunenburg, MA. The premises is described as a one story wood frame building with two entrances and exit containing a lounge, dining room, kitchen, outdoor storage room and a 640 square foot outdoor dining area. Tom Alonzo, Chairman Lunenburg Licensing Authority. Margot and James Xarras, applicants, and Ken Ricker, current owner were present for the hearing. Mr. Alonzo directed the Board to the documents in the application packet. Mr. Xarras stated they planned to purchase the property and maintain the current operation. ===PAGE 2=== remain the same. When asked by Mr. Alonzo, Ms. Lemieux stated everything concerning the license application was in order. Motion: J. Marino 2nd: T. Dwyer To approve the transfer of the all alcohol onpremise license, the temporary extension of the outdoor premises through November 1st and the common victualler license Vote: Ms. Adams-aye, Mr. Marino-aye, Mr. Dwyer-aye, Mr. Jeffreys-aye, Mr. Alonzo aye Earth Removal Permit Renewals: PJ Keating Company Permit #15, 16, 17, 27, 30, 57; Dan and Jean Proctor, 1325 Mass Ave Permit #60 Mr. Alonzo referred the Board to the memos from both Mr. Burlingame and Land Use Director Adam Burney with their recommendations for the renewals of the permits. Mr. Burlingame stated everything was in order and that he had inspected all permit sites. Mr. Alonzo asked him if he had responded to residents' concerns regarding the 1325 Mass. Ave. permit. Mr. Burlingame stated he had responded and had visited the site with Mr. Burney on August 11th. Their main concern was the rear berm which has been done with the exception of the seeding due to the time of year. He had no issues with any of the permits up for renewal after his site visits. Mr. Jeffreys had asked about the rear berm being completed by November and it seems like that is going to happen. Mr. Proctor stated the seeding will be done before the end of September. Ms. Adams asked if the site plan approval requirements have been met. Mr. Burlingame confirmed and added it is still an active site and seeding would not be successful during this heat. Mr. Proctor reported he had a water truck onsite to keep dust under control and calcium flakes are placed in the driveway to keep the dust down. The seeding that was done to date was basically stripped and piled loam and they were hydroseeded for erosion control. The detention basin has been formed to protect the wetlands from runoff. We are screening the loam offsite due to dry conditions. To date 2900 yards of material has been removed; probably 1000 yards of that was topsoil and it will be screened offsite and returned in September. Attorney Bowen representing Mr. Proctor, noted that the permit that the Board is issuing already states that it is subject to the applicant meeting the conditions of other boards including the Planning Board. So from a legal perspective he appreciated the concern, but did not think technically the Select Board can repeat the conditions that already exist from the other boards because of the way the permit is written. Pam Anzaldi, 70 Townsend Harbor Road, questioned the height on the left side of the berm closest to her property is still at about 3½ feet. Is Mr. Proctor planning on bringing that up the level that was agreed to? Mr. Proctor stated he would and would be bringing in additional loam to put on top of it. He explained that according to the grade the height would vary from 4-6 feet depending where it was on the site. Clifford Smith, Ms. Anzaldi's husband, stated on a number of occasions it was agreed to bring the berm up to 6 feet. Mr. Alonzo stated Mr. Proctor would have to go by what was originally approved by the ===PAGE 3=== Vote: Mr. Marino-aye, Mr. Dwyer-aye, Mr. Jeffreys-aye, Mr. Alonzo-aye, Ms. Adams- nay Mr. Alonzo thanked all for attending. INTERVIEWS/APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS Fence Viewer- Timothy Willsmer- 762 Northfield Road Mr. Willsmer was not present for the interview. Ms. Lemieux requested tabling until she consulted town counsel about the responsibilities of this appointment. CURRENT BUSINESS 1. ACO Quarterly Report (April - June 2020) There were no questions regarding this report. Mr. Alonzo thanked the ACO and Police Dept. for providing it. 2. Discussion on holding public meetings at other buildings Ms. Adams believed this was a good time to revisit this issue and noted the work Ms. Lemieux has done to improve access for handicapped people to the Town Hall but suggested meeting at the large room at Eagle House Senior Center or a collaborative classroom in the Middle/High School. The only hurdle previously presented as a reason not to was the technology aspect, but she noted we are not meeting at Town Hall but we are still recording our meetings. She hoped they would consider meeting someplace other than the 2n° floor of Town Hall for improved ADA compliance. Discussion ensued that the Town Hall space was not the best but to move around to different venues was not desirable and that is the reason the Town was exploring moving to the TCP Building. Other issues would be that the cable staff would have to continually set up and break down equipment in buildings not under the Town's purview and availability was not guaranteed every Tuesday for those other rooms. Ms. Adams asked Ms. Lemieux about liability concerns staying in the current space. Ms. Lemieux stated the Town would have to receive a complaint and follow up to see if we are in violation. The reason we are conducting a self-assessment and transition plan through MRPC is to look at all our facilities and properties to make sure we are in compliance and to put together a plan to ensure we are in compliance. Motion: K. Adams 2"°: J. Marino Once the Select Board starts meeting again that we meet in the Eagle House community meeting room to enhance accessibility Discussion: Ms. Lemieux noted this has not been discussed with the Council on Aging. We should get their input if that location is being suggested. Right now they are planning months out of programming where is it is very limited and would be bringing a limited amount of people ===PAGE 4=== space and if she identifies one, we vote on that location. Mr. Marino concurred with Mr. Dwyer adding the meeting room at Eagle House is not as big as it looks. Further discussion ensued on the pros and cons of going elsewhere. Vote: Ms. Adams-aye, Mr. Marino-aye, Mr. Dwyer-nay, Mr. Jeffreys- nay, Mr. Alonzo- nay 3. Election Warrant for 2020 State Primary Mr. Alonzo stated the Town Clerk has submitted an election warrant for the September Primary, it was noted the time of election hours listed was incorrect (7- 8 a.m.) on the warrant. Mr. Alonzo read the elected seats that were up in the primary. Motion: M. Jeffreys 2n°: T. Dwyer To approve the September election primary with the time amended to 7 a.m. to 8 p.m. Vote: Ms. Adams-aye, Mr. Dwyer-aye, Mr. Marino-aye, Mr. Jeffreys -aye, Mr. Alonzo - aye Mr. Alonzo referred citizens to the town website to see the various options for voting during the election. 4. Approval of Minutes- there were none 5. Warrants- there were no warrants to report this week 6. Action Items- there were none 7. Committee Reports- Mr. Jeffreys reminded Lunenburg senior citizens about the drive through coffee and brown bag lunch programs at the Senior Center and the availability of coupons for the Lunenburg Farmers Market, if you are income- eligible. He reported the TCP Building Design Committee (TCPBDC) met last night with the architect/engineering consultant. They have conducted a digital scan of the interior and exterior of the building and noted depending on how much of the building gets renovated that could result in the requirement of additional upgrading of building code requirements. About 33% of the brick exterior is going to need repointing and all architectural finishes will need to be replaced. There will need to be substantial changes to the electrical and fire safety systems. There is an environmental report that is 276 pages long; we are already aware that there is asbestos present and there was an oil spill a while ago. So it's a comprehensive report and there is nothing that we are not already aware of. They are meeting with town personnel to get an idea of space needs as well as with the after school program needs and PACC's needs. They would like to hear from any community organizations too. ===PAGE 5=== 2. Discussion about Reinstating Liaisons Mr. Alonzo opened the discussion by asking for suggestions of the boards that should have a Select Board liaison. The suggestions were: • Public Library/Trustees • Council on Aging (COA) • Planning Board • School Committee • Finance Committee Discussion of what a liaison should be ensued. Mr. Marino volunteered for the Finance Committee, Mr. Jeffreys wanted to remain with COA and the Library. Mr. Dwyer will cover Planning Board. Mr. Alonzo will cover the School Committee. Mr. Alonzo stated if any additional board comes up we can revisit it. TOWN MANAGER REPORT AND COVID-19 UPDATE Announcement on Existing Vacancies: The following is a list of vacancies on the following committees: • Americans with Disabilities Act Commission (1 vacancy) • Architectural Preservation District Commission (3 vacancies) • Capital Planning Committee (1 vacancy) • Historical Commission (3 vacancies) • Library Board of Trustees (1 vacancy) SeniorProperty Tax Work Off Committee (1 vacancy) • Zoning Board of Appeals (2 Associate vacancies) Interested persons can find application forms on the Town Website and completed forms can be sent to the Board of Selectmen's Office. Request to Rename a Tributary off of Mulpus Brook: The U.S. Board on Geographic Names (BGN) has received a proposal from a resident of Lunenburg to apply the new name Balish Brook to an officially unnamed stream that flows into Mulpus Brook in Cowdrey Nature Center. The Board of Geographic Names isresponsible by law for standardizing geographic names for use by the Federal Government and accepts proposalsto name unnamed geographic features or changethe names of already named geographic features. Because the Board of Geographic Names places importanceon localopinion when it votes on these proposals, local governments whoare electedto represent its citizens who might have an interest in the namingare asked for their input. Thisrequest was received by both the Board of Selectmen and the Conservation Commission. ===PAGE 6=== Fall 2020 Elections: The Town Clerk's Office has posted a comprehensive Voter Options Guide for the fall 2020 Elections on the town website with everything voters need to know including their voting options, deadlines for registering to vote and deadlines for mailed ballots. This can be found by going to the Town Clerk's page and clicking on the link at the bottom titled "Fall Voter Information 2020". Early voting for the September 1st State Primary will begin on Saturday August 22nd and run through Thursday, August 27th. Early voting on the weekends will be at Town Hall and will be at Parish Hall at 39 Main Street during the week. Request to Purchase Town Owned Land at 671 West Street: An abutter to the town owned land at 671 West Street has inquired about purchasing a 100 × 150 foot parcel to extend their current lot. This parcel was acquired by the Town in 1957 for the erection of a school. In October of 2002 the Town voted to rescind the 1957 vote designating the land be taken for school purposes and transferred it to the Board of Selectmen for general municipal purposes and authorized them to sell all or portions to various abutting landowners. Our records indicate that 5 portions of the property were sold in 2010. I also notified Conservation and Open Space about this inquiry and if either committee had interest in this parcel and the Open Space Committee will be having a meeting this Thursday with this topic on their agenda. The Conservation Commission has expressed an interest in this parcel, as well as five other town owned parcels under the care of the Board of Selectmen that they may be requesting be transferred for conservationpurposes. November Special Town Meeting: At the September 1st Selectmen's meeting, the Board will vote on setting a date for the fall Special Town Meeting and the opening and closing of the warrant. In order to plan well in advance, I would ask the Board to also discuss the safety precautions that will be in place for the November Special Town Meeting at the September 1st meeting so that this can be advertised well in advance and included in the Special Town Meeting warrant booklet. DPW Update: We continue to advertise for three Equipment Operator/Laborer vacancies and conduct interviews but to date have had no success in filling those positions, primarily due to the lack of qualified candidates and the low rate of pay. The Highway Division is down 50% right now and this staffing shortage has put the DPW at a significant disadvantage in completing all the necessary work to maintain our roadways. Not only are we significantly understaffed, but the Highway Division has spent a significant amount of time in the last few months in assisting the Cemetery Division and Parks Division to maintain those properties. The LUK program kids were a significant help during June and July but now that two of the three kids have left and the third is leaving at the end of the month, we will no longer have this supplemental help. ===PAGE 7=== • The Conservation Commission has a meeting on Zoom on Wednesday, August 19th at 7:00 p.m. • The Open Space Committee has a meeting on Zoom on Thursday, August 20th at 6 p.m. • The Library Board of Trustees has a meeting on Zoom on Thursday, August 20th at 6:45 p.m. The Planning Board has a meeting on Zoom on Monday, August 24th at 6:30 p.m. • Town Counsel will hold office hours on August 26th from 9 a.m. until 1 p.m. COVID-19 in Lunenburg and Board of Health Notices: The Board of Health issued their weekly update and as of August 14th there are 75 confirmed positive cases in Lunenburg and one death. Town Facilities: Town Facilities, excluding the Library and Eagle House, are currently open to the public from 10 a.m. until 2 and by appointment outside of those hours. As a reminder, those entering are required to wear a face mask, use the hand sanitizer in the entry way of the building, and exit through the rear of the building. Schools: At the August 5'' School Committee meeting the School Superintendent recommended and the School Committee voted to proceed with a hybrid model to begin the school year. The first day of school for students in Grades 1-12 will be Wednesday, September 16". COVID-19 in Massachusetts (as of 8/13/20): As of August 13th there are 113,517 COVID-19 cases and 8,568 deaths and 1,381,178 patients have been tested to date by the MA State Public Health Laboratory, hospitals and commercial laboratories. Current Status: Step One of Phase II: Due to the recent increase in positive cases, step two of phase IIl of the Commonwealth's reopening plan has been postponed indefinitely. Updated Gatherings Order: Governor Baker signed an updated gatherings order, which took effect Tuesday, August 11, which: • Reduces the limit on outdoor gatherings from 100 to 50 people indoor gatherings limit will remain at 25 people • Applies these limits to all types of gatherings, on both public and private property • Requires face coverings where more than 10 people from different households will be mixing. • Updated Restaurant Guidelines: Restaurant rules have been updated to state that alcoholic beverages may only be served for on-site consumption if accompanied by orders for food prepared on-site. The administration will be taking ===PAGE 8=== Complete the Massachusetts Travel Form prior to arrival, unless you are visiting from a lower-risk state designated by the Department of Public Health. • Quarantine for 14 days or produce a negative COVID-19 test result that has been administered up to 72- hours prior to your arrival in Massachusetts. If your COVID-19 test result has not been received prior to arrival, visitors, and residents must quarantine until they receive a negative test result. Failure to comply may result in a $500 fine per day. Baker-Polito Administration Releases Enhanced Community Level Data on Spread of COVID-19 On Tuesday, August 11", ", the Baker-Polito Administration released additional data on community level spread of COVID-19 in order to target additional resources and implement community specific strategies to stop the spread of the virus. While Massachusetts has seen an overall decrease in COVID-19 cases and hospitalizations since May, there has been a slight uptick in certain communities recently. The Administration released data on the average daily cases per 100,000 residents, average percent positivity, and total case counts, for all 351 Massachusetts cities and towns over the last two weeks. Based on the average daily cases per 100,000 residents, each city or town has been designated as a higher risk, moderate risk, or lower risk community. Going forward, this information will be updated and included in the Department of Public Health's weekly public health dashboard, which is published each Wednesday. Any city or town designated higher risk is considered to have a high level of COVID infection, and will receive additional support from the Commonwealth to address the spread of the virus. Stop the Spread Initiative: As part of the Stop the Spread Initiative launched by the Baker-Polito Administration, there are 17 free testing sites in higher risk communities. All residents in these 17 communities, including asymptomatic residents, are urged to get tested and these free testing sites are also open to all Massachusetts residents. For a list of the free testing sites visit: https://www.mass.gov/info-details/stop-the-spread. Mr. Alonzo reviewed the upcoming meetings is September: September 1, 8, 15, 22 PUBLIC COMMENT: Ms. Adams apologized for her demeanor this evening because she sensed negativity from the board members. Mr. Alonzo stated the board would be entering EXECUTIVE SESSION for the following: Motion to enter into Executive Session and to adjourn after exiting Executive Session: Pursuant to M.G.L. c. 30, Section 21, Paragraph 3, to discuss strategy with respect to litigation, where an open meeting may have a detrimental effect on the government's litigating position and the Chair so declares, namely Aldrich, et al. v. Board of Selectmen of the Town of Lunenburg, et al., Worcester Superior Court Docket No. 1985CV00647, Lunenburg Bd. of Health v. Gonynor, et al., Central Housing Court Docket No. 04H85CV000229, Massey v. ===PAGE 9=== aye The meeting adjourned at 9:00 p.m. ****************EXECUTIVE SESSION MINUTES ARE SEPARATE************* Respectfully submitted, Claire M Peterson Elaine M. Peterson Executive Assistant to the Town Manager ======================================================================================== DOCUMENT : 2020-09-01-agenda-5210.txt BOARD : select-board DATE : 2020-09-01 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2020-09-01-agenda-5210.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_09012020-5210 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN Tuesday, September 1, 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 7:05 PM FY 2020 4th Quarter Financial Report from Finance Director 7:30 PM Meeting with School and School Transportation Companies to discuss FY 2020 School Transportation Payment Request IV. INTERVIEWS/APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS Appointments:  ZBA Associate and Architectural Preservation District Commission - Anthony Nicastro, 88 Whalom Road- both terms to expire June 30, 2023  APDC-Member at Large, Cullen Dwyer, 76 Main Street- term to expire June 30, 2023  Historical Commission- Jennifer Sanderson, 848 Northfield Rd.- term to expire June 30, 2023  Historical Commission- Kevin Bousson, 48 Robbs Hill Rd.- term to expire June 30, 2023 V. OLD BUSINESS 1. Discussion on Town Charter and discussion on Parks Commission composition change ===PAGE 2=== VI. CURRENT BUSINESS 1. Vote on fall Special Town Meeting date, opening/closing of warrant to submit articles, and safety plan to conduct the meeting 2. Discussion on FY2021 budget and Special Town Meeting articles that amend FY21 appropriations 3. Vote on Naming of Tributary off of Mulpus Brook as Balish Brook 4. Approval of 2020 Minutes of June 9, June 16, June 23 and July 7, 2020 5. Warrants: Accounts Payable Warrant #9 21, dated 8/18/2020, in the amount of $657,588.86; Payroll Deduction Warrant #10 21, dated 8/19/2020, in the amount of $672,284.86; Payroll Warrant #4P21, dated 8/20/2020, in the amount of $631,887.93 6. Action Items 7. Committee Reports VII. TOWN MANAGER REPORT AND COVID-19 UPDATE VIII. UPCOMING MEETING/EVENTS SCHEDULE September 8th, September 15th, September 22nd 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 : 2020-09-01-minutes-5210.txt BOARD : select-board DATE : 2020-09-01 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2020-09-01-minutes-5210.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_09012020-5210 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== Members present: om Alonzo, Chairman; Michael-Kay Jettreys, Vice Chairman; Katey Adams, Clerk; Todd Dwyer, Jim Marino Also Present: Town Manager Heather Lemieux; Dr. Kate Burnham, School Superintendent; Mike Cassidy, School Business Manager; Adam Costa, Town Counsel; Cor Van Dyke, Chief Financial Officer Van Pool Transportation John McCarthy, CEO of NRT/Van Pool Transportation; Lisa Alterisio, Vice President of Van Pool Transportation; Sandra Martin, Owner of Dee Bus Service Chairman Alonzo called the meeting to order at 7:04 p.m. and announced in accordance with the requirements of the Open Meeting Law, please be advised that this meeting will be recorded and unfortunately to technical difficulties, it is not being broadcast live over the Lunenburg public access channel or Facebook Live. The recording will be broadcast on the Lunenburg public access channel within 24 hours of its conclusion. 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 was thinking of all the school teachers, students and parents and wishing them luck in transitioning to a different way of starting out the school year. ANNOUNCEMENTS Ms. Lemieux announced there was an error printed in the Sentinel stating the Town Clerk's elected position was changed to appointed in the Town Charter. She has contacted the reporter who corrected the misprint. From Acting Chief of Police Tom Gammel; the Police have received several speeding and traffic complaints for Highland Street. In anticipation of increased pedestrian traffic and to help resolve this issue, we will be posting a 25 mph speed limit which is in accordance with the acceptance of MGL c.90 817. It will be posted in the thickly settled area from the Chestnut Street intersection to approximately #285 Highland Street. The road will be posted by the DPW upon acquiring the signs. This general law was accepted at town meeting in 2017. Ill. APPOINTMENTS 4" Quarter Financial Report from Finance Director Ms. Lemieux reported Ms. Brochu contacted her and was unable to connect to the meeting as her computer was running an upgrade. ===PAGE 2=== telephone and email. Most of his experience when it comes to facilities has come from outside of the military service where he managed a meat packing plant in Boston and a food processing plant in Wilmington. In those jobs, he had to deal with regulations and town codes. Motion: K. Adams 2nd: M. Jeffreys To appoint Antony Nicastro as ZBA Associate with a term to expire June 30, 2022 and the APDC with a term to expire June 30, 2023 Vote: Ms. Adams-aye, Mr. Dwyer-aye, Mr. Jeffreys-aye, Mr. Marino-aye, Mr. Alonzo-aye Mr. Nicastro thanked the Board for the opportunity. APDC-Member at Large, Cullen Dwyer, 76 Main Street Mr. Dwyer stated he let his appointment expire as he did not realize his term was up. He was the Historical Commission representative to the APDC but has not requested being reappointed to the Historical Commission. He was involved in drafting the APDC bylaw. He served for four years and helped draft the guidelines for the commission. Motion: T. Dwyer 2nd: J. Marino To appoint Cullen Dwyer to the APDC with a term to expire June 30, 2023 Vote: Ms. Adams-aye, Mr. Dwyer-aye, Mr. Jeffreys-aye, Mr. Marino-aye, Mr. Alonzo-aye Jennifer Sanderson could not unmute her phone so Mr. Alonzo moved on to the next appointment. Historical Commission- Kevin Boussom, 48 Robbs Hill Rd. - term to expire June 30, 2023 Mr. Boussom was not present for the meeting so this appointment was passed over. Ms. Brochu was unable to reconnect to the meeting for her quarterly report due to lack of audio. 7:30 PM Meeting with School and School Transportation Companies to discuss FY 2020 School Transportation Payment Request School Business Manager Cassidy stated in June the School Committee authorized payments to Dee Bus Service and Van Pool Transportation as there was new legislation that permits payments to vendors for service contracts that weren't allowable under previous law for services that were not rendered. Once a fee was determined, it had to be approved by the School Committee, Finance Director and Board of Selectmen. The two transportation companies had requested payment from the town based on costs that they had to incur during the shutdown. Out of the thirteen districts that Dee Bus Service is contracted with, all have paid except Lunenburg. The bus company representatives are here to discuss the request and answer questions. Ms. Lemieux stated there were several questions regarding this request. Details relative to grants, loans and any other stimulus-related reimbursements already received to offset their expenses were requested as well as a breakdown of the expenses related to the Lunenburg contract, such as ===PAGE 3=== Mr. Van Dyke thanked Ms. Lemieux for the questions in advance. When you think back to March we were closed for only two weeks and then it was extended to April and finally the rest of the year. We continued to run the business as usual, to pay our employees, drivers, monitors, mechanics, transportation coordinators and operations managers so we could stand ready and have those drivers when school reopened. We were able to earn employee retention credits under a provision of the CARES Act; part of that is a deferral of taxes and part is a credit amounting to $18,967. We were able to cut some of our auto insurance. We continued to pay our rent, utilities, IT hardware/software fees, payroll and audit service and the principal and interest on our vehicle loan payments. We stand ready to provide services. The impact of our customers not supporting us is we would not be able to pay our expenses. Sandra Martin stated although we are contracted for 180 days we are actually working 365 days a year. We did not get the tax credit and took a Paycheck Protection Program loan. We were ready, willing and able to go when Lunenburg wanted us to start. We are looking to figure this out and come to an agreement. Mr. Jeffreys asked what happens if we pay this amount and then on October 15"h, schools are closed again? To both companies, what is your plan if that happens? Mr. McCarthy responded if October 15"" came, we would sit, wait and stand ready. We make a 3% profit generally but we lost the athletics and field trips and this eats up our profit. The driver is just one portion of the service. We are trying to work out so we can stay here, ready and able to take your kids to school. We project our costs over the school year, this has never happened before, never had anything like this. If it wasn't for the support of the towns...I would hope the Lunenburg Selectmen would do what they could for the students. I do believe we will get back to normal, this is going to end. But I can't promise we won't have this conversation again. Ms. Martin added we lost so much money this year with the loss of extra-curricular and sporting events, so three or four percent is about where we are at this time. It's not a huge margin. Mr. Marino, stated he was the one who wanted to continue this discussion because he wanted to do more research. He read the contract and all the accompanying documents and stated he was in favor of supporting the bus companies. Ms. Adams was worried about setting precedent by paying the bus companies, what happens if schools close down again? She could not justify supporting one small business and not others. Mr. Dwyer stated we are in a pandemic and it hasn't happened in over 100 years. It has thrown the entire country in a loop. I think the request is reasonable and I support it. Mr. Alonzo stated obviously no one could expect what could happen. The Town is in a unique situation in that we gain our money from local and state taxes. Since the majority of the contract was paid for and you did stay on standby, I think the proposal before us is reasonable for the last part of this year, but I will not be in support of anything of the same thing going forward. Mr. Jeffreys thanked them for the additional information but was not able to support the request. ===PAGE 4=== companies. Dave Rodgers, 82 Highland Street, wanted to know what the dollar amount would be in savings if a forbearance agreement had been set up for both companies. What would happen if Unitil came in and said the town didn't use all of the electricity they usually do and we want you to make up the difference, what would we do then? Mr. Van Dyke stated it would be roughly around $18,000. He need to buy new buses every five years. We are in the process of buying several new buses for some other districts and that was over $30,000. If we had put our loans in forbearance there isn't any way that we would have been able to procure the buses we needed to start this year. That was not an option. Ms. Adams asked if there was a liability risk if they voted not to pay the companies. Attorney Costa stated there is no legal obligation or liability. He could not foresee what the future would hold. With respect to the special legislation, the wording uses terms like "may, not "shall." Mr. Jeffreys asked both companies how they have paid the operating costs so far. Mr. Van Dyke stated we were able to get through it on some reserves. Had the other customers not supported us we would have absolutely gone bankrupt months ago. Ms. Martin stated she also used the funds from the other districts to pay their costs. Both companies stated they lost money this year. This was a big hit. Motion: K. Adams To not approve payment to the Dee Bus Service and Van Pool Transportation There was no second to the motion. Motion: T. Dwyer To approve payment of $94,000 to Dee Bus Company and $41,112 to Van Pool Transportation 2nd: J. Marino Vote: Ms. Adams-nay, Mr. Dwyer-aye, Mr. Marino-aye, Mr. Jeffreys-nay, Mr. Alonzo-aye Mr. Alonzo thanked all concerned for attending the meeting and their participation. Mr. McCarthy and Ms. Martin thanked the Board. The 1s' Quarter FY21 Financial report from Ms. Brochu will be tabled until the next meeting due to lack of audio capabilities. Historical Commission- Jennifer Sanderson, 848 Northfield Rd.-term to expire June 30, Ms. Sanderson entered the meeting via telephone. Ms. Sanderson was requesting to be reappointed to the Historical Commission. She has enjoyed her appointment there. She is all about the history of this town and has a passion for it. Motion: K. Adams 2nd: J. Marino To appoint Ms. Sanderson to the Historical Commission with a term to expire June 30, 2023 ===PAGE 5=== of the Governor on Friday, August21st to notify her the bill (S.2754)to revise the Town Charterwas received by the Governor. Their office asked us to review the Act and to let them know if the Townwas alright with the language. After ourreview, I was told we had three options, 1) the Governor would sign as it was drafted, 2) Governor could veto the bill, or 3) returnto the legislature with amendments, which would be highlyunpredictable and would only makesense if therewere major issues with the language passed by the legislature. Since Town Counsel had painstakingly gone through the tedioustaskto draft the submission to the legislature in a format that would be acceptable, I forwarded it to Attorney Costa to doa compareand contrastbased on the version he submitted. On Monday, August24th Attorney Costa concluded hisreview and denoted a few inconsistencies from what he had submitted and the language the legislature passed. They are: • Article 1, Section 6: The Town voted to replace commonwealth with Commonwealth of Massachusetts and this was not incorporated; • Section 3-7 (b): The Town voted the second sentence to begin with "The Library Board of Trustees" and it says "The Library"; • Section 3-14: Missed replacing Board of Selectmen with Select Board. This was done everywhere else in the document though. Attorney Costa and I had a conference call with the Governor'slegal team on Wednesday, August 26th and afterreviewing our options and hearing that it would be highly unlikely that the Governor would return to the legislature with the changesthat were identified as they were not substantive in nature, if we wished to havehim veto the bill it would likely take another 6 months orlongerto have an approved Charter. Ultimately we agreed to proceed with the Governor signing the version that was before him so as not to cause significant delays in a bill where the identified inconsistencies would be manageable. I was notified on Friday, August 28th that the Governor signed the bill. Mr. Alonzo asked if the Town was contacted by our legislative delegation before the bill was sent to the Governor to see who made the edits. Ms. Lemieux reported no, we were not contacted by anyone that the changes were made. She stated she would contact both offices to see if they were aware of who made the changes. Mr. Alonzo stated these were ridiculous changes we could have changed if anybody had reached out to us and we are lucky they are not substantive. Ms. Lemieux reported the revised Charter now constitutes a five member Parks Commission. The question now is whether to hold a special election or wait until the next annual election or we can have a joint meeting with the Parks Commissioners to mutually appoint until the next election. Attorney Costa opined that options one and two are the safest options, but that means you fund a special election or leave two seats vacant until the next annual election. Option 3 requires some interpretation of the Charter called the filling of vacancies for multi-member parties. Further discussion ensued Dave Passios, Parks Commissioner, speaking on behalf of the commission, stated one of their biggest challenges is that two of us cannot speak about business outside of a posted meeting. We need the additional two bodies for the work we are doing now. ===PAGE 6=== I LINe clu Ms. Lemieux directed the Board to a proposed schedule leading up to a Special Town Meeting on November 17h . The proposal is to open the warrant today and close it at 5:00 p.m. on Tuesday, September 29th Motion: M. Jeffreys 2nd: T. Dwyer To accept the proposed schedule for Special Town Meeting and to open the warrant for the STM on Wednesday September 2nd Vote: Ms. Adams-aye, Mr. Dwyer-aye, Mr. Marino-aye, Mr. Jeffreys-aye, Mr. Alonzo-aye The safety plan for Special Town Meeting (STM) will be modeled off of the plan for Annual Town Meeting. Mr. Alonzo noted there will be a separate room designated for those who are not wearing masks. Discussion about what worked and did not work at the annual meeting ensued. 2. Discussion on FY2021 budget and Special Town Meeting articles that amend FY21 appropriations Ms. Lemieux requested to table this until the next meeting. 3. Vote on Naming of Tributary off of Mulpus Brook as Balish Brook Ms. Alonzo read the email from Matthew O'Connell: "The U.S. Board on Geographic Names {BGN) has received a proposal from a resident of Lunenburg to apply the new name Balish Brook to an officially unnamed stream that flows into Mulpus Brook in Cowdrey Nature Center. The BGN is responsible by law for standardizing geographic names for use by the Federal Government and accepts proposals to name unnamed geographic features or change the names of already named geographic features. Because the BGN places importance on local opinion when it votes on these proposals, the staff asks for input from local governments who are elected to represent its citizens who might have an interest. The stream currently has no name that is official for Federal use. Please see the Balish {1915-1980), who was born in Pennsylvania and died in Oregon; Mr. Balish has no connection to Lunenburg or Massachusetts. He had a long military career, serving in World War 11 and the Korean War and was stationed in New Mexico, San Francisco, German, and Turkey. The proponent acknowledged that Mr. Balish had no connection to the area but believes that he should be commemorated for his military service. Please see the attached BGN Commemorative Names Policy and please consider the proposal in light of the policy. We would like to know whether your office supports or opposes the proposal to officially name Balish Brook. We ask that you coordinated your response with the Lunenburg Conservation Commission, copied on this email. We will also be asking for a recommendation from the Massachusetts State Names Authority. Federally recognized Tribes will also have an opportunity to provide comments." Mr. Alonzo read the Conservation Commission's response: "The Conservation Commission voted unanimously to recommend the brook at the Cowdery not be named after Mr. Balish. ===PAGE 7=== 4. Approval of 2020 Minutes of June 9, June 16, June 23 and July 7, 2020 Motion: M. Jeffreys 2nd: T. Dwyer To approve the minutes as presented Vote: Ms. Adams-aye, Mr. Dwyer-aye, Mr. Marino-aye, Mr. Jeffreys-aye, Mr. Alonzo-aye 5. Warrant Mr. Alonzo reported he signed the following warrants last week. • Accounts Payable Warrant # 9 21, dated 8/18/2020, in the amount of $657,588.86 • Payroll Deduction Warrant # 10 21, dated 8/19/2020, in the amount of $672,284.86 • Payroll Warrant # 4P21, dated 8/20/2020, in the amount of $631,887.93 6. Action Items Ms. Adams inquired about the lane needing line painting at the intersection of Electric Avenue and Massachusetts Avenue. Mr. Marino stated it was most likely on a schedule. The Interim Police Chief will be advised to inquire. 7. Committee Reports Mr. Jeffreys reported the Library Trustees met on August 20th. They wanted to thank Asst. Town Manager Belliveau for her assistance in posting the job opening at the Library. They have had some difficulty getting qualified applicants. The Summer Reading Program was a huge success. There was a total of 179 readers from June 25th to July 27# totaling 108,000 minutes. Staff are working on a fall reading challenge in September. They are looking to open for 2 hours a day and have timed slots with a total of 100 slots per week Reservations can be made online for certain times. Books that are handled will be quarantined and all patrons will be required to use hand sanitizer upon entering the library. Curbside pickup will continue as well. There are changes in the children's section to lessen the risk of virus transmission. Some bundled materials are available for home schooling. Donations are always welcome. Mr. Marino attended the MRC meeting last month. He will be attending again next week. VII.TOWN MANAGER REPORT AND COVID-19 UPDATE Announcement on Existing Vacancies: The following isa list of vacancies on the following committees: • Americans with DisabilitiesAct Commission (1 vacancy) • ArchitecturalPreservation District Commission (1 vacancy) • Historical Commission (1 vacancy) • Senior Center Property Tax Work Off PogramCommittee (1 vacancy) • Zoning Board of Appeals (1 Associate vacancy) ===PAGE 8=== Ms. Lemieux will follow up on the other alcohol license that was requested. Continuity of Operations Plan The kick-off meeting for the Continuity of Operations plan was held today with all department heads in attendance. This is a document that ensures the primary essential functions of the agency (town government) continued to be performed during a wide range of emergencies, including localized acts of nature, accident and technological or attack related emergencies or pandemic. This plan will identify such things as essential functions, orders of succession, delegations of authority, continuity of facilities and continuity of communications. This project is funded through a grant through the Community Compact program and the UMass Collins Center is our consultant. Green Community Grant Award: Wewerenotified on August27th by the Department of Energy Resources (DOER) Green Communities Divisionwe wereawardedourrequestof $69,361 for our Green Communities CompetitiveGrant application. The approved funded projects include: • $15,092, Turkey Hill Elementary School-Kitchen appliance replacement • $2,780, Middle/ High School - LED lighting • $9,500, Primary School - Hot water boiler replacement $7,065, Senior Center - Appliance replacement $725, Ritter Memorial Administration Building-Appliance replacement • $725, Public Library-Appliancereplacement • $725, DPW -Appliance replacement • $1,450, Public Safety Building - Appliance replacement (not range) • $450, Town Hall-Appliance replacement • $1,629, Teen Center -Appliance replacement • $3,200, Teen Center -Hot water heater replacement • $2,200, Teen Center -Mechanical insulation • $10,000, Town of Lunenburg- Hybrid police vehicle purchase (2) • '$4,460, Public Safety Building - Retro-commissioning • $4,360, Town of Lunenburg- Building operator certification training • $5,000, Town of Lunenburg- Administrative assistance Fuel Tank Removal and Replacement Project: TheFuel Tank Removaland Replacement Project is currently outto bid and bids will bedueon September 21st. Meetings, Events and Other Announcements: • The Conservation Commission has a meeting on Zoom on Wednesday, September 2nd at 7:00 p.m. • TheSchoolCommitteehas a meeting on Zoomon Wednesday, September 2nd at 6:30 p.m. • TheBoardofAssessorshasameetingonZoomon Thursday, September3rdat 1 p.m. • The Sewer Commission has a meeting on Zoom on Tuesday, September 8th at 5 p.m. ===PAGE 9=== programs. Mondays are weekly reservation days and can be made by calling (978) 582-4166 to sign up for that week's events. Once per month programs can be reserved at any time. All COVID-19 Protocols will be followed for indoor activities including wearing a mask and having temperatures taken. Starting in September will be some events under the tent. On September 11' at 1 p.m. there will be Sea Songs and Stories and on September 25" at 1 p.m. there will be live music with Dan Kirouac. Starting Tuesday, September 1, the Lunenburg Library will be open for limited browsing by appointment only. Patrons will be able to reserve one of a limited number of appointments for 30 minutes of browsing in the library building. Reservations can be made through the library website's calendar at lunenburglibrary.org. There will be two blocks of appointments for up to 10 visitors each day Mondays through Thursdays and on Saturdays. The first set of appointments each day is reserved for high-risk and vulnerable patrons. COVID-19 in Massachusetts (as of 8/27/20): As of August 13th there are 117,450 COVID-19 cases and 8,777 deaths and 1,649,836 patients have been tested to date by the MA State Public Health Laboratory, hospitals and commercial laboratories. Current Status: Step One of Phase II: Due to the recent increase in positive cases, step two of phase III of the Commonwealth's reopening plan has been postponed indefinitely. Flu Mandate: State public health officials announced on August 19* that influenza immunization will be required for all children 6 months of age or older who are attending Massachusetts child care, pre-school, kindergarten, K-12, and colleges and universities. Students will be expected to have received a flu vaccine by December 31, 2020 for the 2020-2021 influenza season, unless either a medical or religious exemption is provided. Also exempted are K-12 students who are homeschooled and higher education students who are completely off-campus and engaged in remote learning only. This new flu immunization requirement to enter school in January is in addition to existing vaceine requirements for all those attending child care, preschool, K-12, and colleges and universities in Massachusetts. Elementary and secondary students in districts and schools that are using a remote education model are not exempt. Executive Order to Increase Child Care Options: Gov. Charlie Baker has issued an executive order to increase child care options for families with students in hybrid or remote learning when schools reopen in September, some of which adds a new municipal responsibility to inspect and approve remote learning enrichment programs. The governor's order provides three new options to increase child care settings for school-aged children. Stop the Spread Initiative: ===PAGE 10=== Dave Passios, so Whiting street, reminded the public the next two meetings 9/10 and 9l21 at 6:00 PM) are for community groups to come forward regarding space at the TC Passios Building. Id Discussion od h021 be Perator & cal love Me, Historical manamend Fintment appropriations will be moved to the next agenda. Motion: T. Dwyer 2nd: K. Adams To adjourn the meeting at 10:31 p.m. Vote: Ms. Adams-aye, Mr. Dwyer-aye, Mr. Marino-aye, Mr. Jeffreys-aye, Mr. Alonzo-aye Respectfully submitted, Elaire M. Peterson Elaine M. Peterson Executive Assistant to the Town Manager ======================================================================================== DOCUMENT : 2020-09-08-agenda-5211.txt BOARD : select-board DATE : 2020-09-08 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2020-09-08-agenda-5211.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_09082020-5211 ======================================================================================== ===PAGE 1=== SELECT BOARD Tuesday, September 8, 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 7:05 PM Joint meeting of the Board of Selectmen and Board of Library Trustees to determine appointment of Laura Boussom to the Library Board of Trustees vacancy – term to expire at the next annual town election 7:10 PM FY2020 4th Quarter Financial Report from Finance Director IV. INTERVIEWS/APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS  Senior Taxation Workoff Program Committee (Member at Large)-Laura Boussom, 48 Robbs Hill Road-term to expire June 30, 2021  Historical Commission-Kevin Boussom, 48 Robbs Hill Road-term to expire June 30, 2023  Ratification of the Town Manager Appointment of Acting Sergeant Joshua Mathieu (effective September 9, 2020), Reserve Officer Nicholas Marino (effective September 9, 2020), Reserve Officer Daniel Gonzalez (effective September 10, 2020), Reserve Officer Jeffrey Hill (effective September 10, 2020), Reserve Officer Paul Duquette (effective September 11, 2020)  Ratification of the Town Manager Appointment of Heavy Equipment Operator Jarrett Ober V. CURRENT BUSINESS 1. Notice of First Right of Refusal for Chapter 61B property located at 250 Howard Street 2. Minutes for Approval- July 14 and July 21, 2020 ===PAGE 2=== 3. Warrants: Accounts Payable Warrant #11 21, dated 9/1/20 in the amount of$975,957.14 Payroll Deduction Warrant # 12 21, dated 9/2/20 in the amount of $26,977.95 Payroll Warrant #5P 21, dated 9/3/20 in the amount of $725,448.67 4. Action Items 5. Committee Reports VI. OLD BUSINESS 1. Discussion on FY2021 budget and Special Town Meeting articles, including article to amend FY21 appropriations VII. POLICY WORKSHOP: Policies on Placing a Ballot Question on Election Ballot, Reasons for denying Tollbooth, Policy on approving signage in town Right of Way for non-profits and/or other groups. VIII. UPCOMING MEETING/EVENTS SCHEDULE September 15 and September 22 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 : 2020-09-08-minutes-5211.txt BOARD : select-board DATE : 2020-09-08 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2020-09-08-minutes-5211.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_09082020-5211 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== MelDers present tm Aan nma, daay Adams, Clerk; dodd Dwyer, Jim Marino Member not present: Michael-Ray Jeffreys, Vice Chairman Also Present: Heather Lemieux, Town Manager; Karen Brochu, Finance Director; Muir Haman, Library Director; Tom Gammel, Acting Police Chief Library Trustees present: Harry Kubetz, Kate McCarron, Robert Conroy, Donna Saiia, Maia Wentrup, Dick Mailloux Chairman Alonzo called the meeting to order at 7:01 p.m. and announced in accordance with the requirements of the Open Meeting Law, please be advised that this meeting will be recorded and broadcast over the Lunenburg public access channel. It can be viewed on the YouTube Lunenburg public access channel within 24 hours after the meeting is concluded. Mr. Alonzo read the remote meeting information and asked if everyone was present and could be heard. The meeting opened with the Pledge of Allegance that was recited by Ms. Adams. PUBLIC COMMENT: There was none at this time. ANNOUNCEMENTS There will be a flu clinic on Wednesday, October 14t from 3:00 - 6:00 PM at the Middle/High School. APPOINTMENTS: Joint meeting of the Select Board and Board of Library Trustees to determine appontment of Laura Boussom to the Library Board of Trustees vacancy - term to expire at the next annual town election Mr. Alonzo acknowledged Library Trustees Harry Kubetz, Kate McCarron, Robert Conroy, Donna Saiia, and Maia Wentrup and Library Director Haman. The Library Trustees opened their meeting at 7:09 p.m. and role called the members. Ms. Boussom, 48 Robbs Hill Road, a resident for 20 years, has been a volunteer in Town for different organizations and would be interested in working on the board. She has met with the Trustees and is familiar with the responsibilities. Motion: K. Adams 2'°: J. Marino To appoint Laura Boussom as Library Trustee until the next annual election Vote: Ms. Adams-aye, Mr. Dwyer-aye, Mr. Marino-aye, Mr. Alonzo-aye, Mr. Conroy-aye, Ms. Wentrup-aye, Mr. Kubetz- aye, Ms. McCarron-aye, Ms. Saiia-aye, Mr. Mailloux- aye The Library Trustees adjourned their meeting by roll call vote at 7:16 p.m. ===PAGE 2=== Fines & Forfeits (136.6% or $9,969.61 more than the estimate); Other Excise (Meals Tax) (133.6% or $33,886.56 more than the estimate); Fees (101.1% or $1,719.68 more than the estimate); Motor Vehicle Excise (108.5% or $141,611.48 more than the estimate); Investment Income (162.6% or $39,384.68 more than the estimate); Licenses & Permits (131.3% or $78,937.75 more than the estimate); Miscellaneous Non-Recurring (101.7% or $3,607.78 more than the estimate). There were several categories that did not meet estimates including Departmental Revenue-Other (94.8% or $14,392.34 lower than the estimate); Departmental Revenue-School (50.2% or $59,735.30 lower than the estimate); Penalties & Interest (99.1% or $1,352.88 lower than estimated), but due to increases in other categories overall actuals exceeded estimates. Taxes: We received 99.0% or $276,227.59 less than the levy estimate. We also received $229,176.93 in tax lien revenue. State Aid: We received 100.1% or $71,288.96 more than the state aid estimate. This was primarily due to increases in our smart growth school cost (40S) reimbursement EXPENDITURES We expended/encumbered $41,602,530.31 (97.2%) of budgeted expenditures as of 6/30/20. There were appropriation closeouts in the amount of $1,182,589.51. State Assessments were $36, 759.00 lower than cherry sheet estimates. This was primarily due to changes in Choice & Charter Tuition costs for students going out of district. Of note on the expenditure side is the following: Selectmen's Administration: There is an unexpended balance of $19,607.97 or 16.6% of the total budget, due to the hiring date of the Assistant Town Manager. Reserve Fund: There was an unappropriated balance of $58,110.00 in this account at year- end. Salary Reserve: There was an unappropriated balance of $59,597.96 in this account at year- end Public Buildings: There is an unexpended balance of $44,110.36 in this account at year- end, primarily due to unexpended electricity and heating costs. Facilities & Grounds: There was an unexpended balance of $51,246.17 in this account at year-end, primarily due to decreased costs in the contracted services line. Police Department: There was an unexpended balance of $102,600.40, or 5.9%, in this department budget at year-end. Police Lock Up: There was an unexpended balance of $51,187.94 at year-end. Fire Department: There was an unexpended balance of $17,617.75 in this department budget at year-end. Radio Watch: There was an unexpended balance of $13,272.27 in this department budget ===PAGE 3=== Vehicle Maintenance: There is an unexpended balance of $43,427.23. Veterans Benefits: There is an unexpended balance of $15,908.92. Park Department: There is an unexpended balance of $15,626.44 at year-end. Liability Insurance: There was an unexpended balance of $44,523.98 in this appropriation at the close of the fiscal year. Health/Life/Medical: There was an unexpended balance of $266,418.63, or 10% of the budgeted total, at year-end. Ms. Brochu stated free cash has not been certified as of yet but she estimated it being between $1.6 and $1.7 million. The Board thanked her for her report. Ms. Brochu exited the meeting. INTERVIEWS/APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS Ratification of the Town Manager Appointments: • Acting Sergeant Joshua Mathieu (effective September 9, 2020) • Reserve Officer Nicholas Marino (effective September 9, 2020) • Reserve Officer Daniel Gonzalez (effective September 10, 2020) • Reserve Officer Jeffrey Hill (effective September 10, 2020) • Reserve Officer Paul Duquette (effective September 11, 2020) Acting Chief Gammel began with Joshua Mathieu: Officer Mathieu has been a member of the Lunenburg Police Department since August of 2011 and has been a full-time officer since November of 2012. He is a graduate of the 19"h Reading ROC and holds a Bachelor Degree of Science degree from Westfield State College. He has completed numerous training courses involving investigative techniques and is one of the department's Field Training Officers. He has been involved with training numerous new Lunenburg police officers and is viewed as an excellent instructor and possesses the essential qualities to be an effective leader. I believe with his work experience, education, and leadership skills, he is extremely qualified for the position of Acting Sergeant. I highly recommend Joshua Mathieu for the position of Acting Sergeant. Mathieu stated he appreciated the opportunity and is looking forward to it. Mr. Marino recused himself from voting on the appointees except Officer Mathieu. He worked with him for several years and his ability to interact with the public is second to none. His leadership abilities are outstanding. Motion: K. Adams 2": T. Dwyer To ratify the Town Manager appointment of Joshua Mathieu as Acting Sergeant effective September 9, 2020 Vote: Ms. Adams- aye, Mr. Dwyer- aye, Mr. Marino-aye, Mr. Alonzo-aye ===PAGE 4=== Nicholas Marino Is a melong resident of bunenburg and Is the son or reurea ronce caler James P. Marino. Nicholas is a graduate of Lunenburg High School, and is enrolled at Mount Wachusett Community College, majoring in Criminal Justice. Through his background investigation it was found that Nicholas is a dedicated employee who is well thought of, trusted, hard worker, and thoughtful. Daniel Gonzalez is a lifelong resident of Lunenburg and was former intern with the department through the Step Program at Lunenburg High School. Daniel has a Bachelor of Science Degree from the University of Massachusetts-Lowell and was a member of the Honors College at the university. Daniel is pursuing a Master's Degree in Criminal Justice and has maintained his status with the Honors College. Daniel earned a GPA of 3.69 as an undergraduate and has maintained a 4.00 GPA as a graduate student. Daniel is considered a hard worker and dedicated individual, which is evident with his college grades, which was found through his background investigation. Jeffrey Hill is a lifelong resident of Fitchburg, graduating from Fitchburg High School. Jeffrey has an Associate Degree of Science in Criminal Justice from Mount Wachusett Community College and is pursuing a Bachelor's Degree in Criminal Justice from Fitchburg State University. Jeffrey is currently a full-time police dispatcher with the Fitchburg Police Department. Through his background investigation it has been found that Jeffrey is well thought of and a hard worker. Paul Duquette is a lifelong resident of Lunenburg. Paul graduated from Lunenburg High School and is currently a full-time Fitchburg Fighter/EMT, as well as a Call Firefighter for the Lunenburg Fire Department. Through his background investigation it was found that Paul was well thought of and has a good work ethic. Paul is described as a dedicated, hard worker and all around good kid. I have had conversations with all of them and I believe all four will be assets to the community and the Lunenburg Police Department. Every one of them has excellent qualities to bring to the table. Nicholas Marino thanked them all for this opportunity and looked forward to getting started. Daniel Gonzalez also thanked them for the opportunity and looked forward to serving the community well. Jeffrey Hill was thankful for the opportunity and excited to serve the Town of Lunenburg. Paul Duquette stated he had been working with the guys at the Police Department for a while and was excited to start his career with them. He thanked everyone for the opportunity as well. Motion: K. Adams 2":T. Dwyer To ratify the Town Manager appointment of Reserve Officer Nicholas Marino (effective September 9, 2020), Reserve Officer Daniel Gonzalez (effective September 10, 2020), ===PAGE 5=== the committee duties. Motion: T. Dwyer 2^°: J. Marino To appoint Laura Boussom to the Senior Tax Workoff Program Committee as member at large with a term to expire June 30, 2021 Vote: Ms. Adams-aye, Mr. Dwyer-aye, Mr. Marino-aye, Mr. Alonzo-aye Historical Commission-Kevin Boussom, 48 Robbs Hill Road-term to expire June 30, 2023 Mr. Alonzo noted Mr. Boussom works on Tuesday nights and comes with a recommendation from the Historical Commission. Motion: K. Adams 2nd: J. Marino To appoint Kevin Boussom to the Historical Commission with a term to expire June 30, 2023 Vote: Ms. Adams-aye, Mr. Dwyer-aye, Mr. Marino-aye, Mr. Alonzo-aye Ratification of the Town Manager Appointment of Heavy Equipment Operator-Jarrett Ms. Lemieux reported although there have been around 50 applications for the position, not many were actually qualified or had refused the position due to not getting the highest pay rate immediately on being hired. Mr. Ober's references indicate he is hard working, task-oriented and dependable. He always has a positive attitude. I am requesting that you vote to ratify this appointment tonight. This appointment was recommended to me by the DPW Director and HR Motion: J. Marino 2^°: T. Dwyer To ratify the Town Manager appointment of Jared Ober as Heavy Equipment Operator Vote: Ms. Adams-aye, Mr. Dwyer-aye, Mr. Marino-aye, Mr. Alonzo-aye CURRENT BUSINESS 1. Notice of First Right of Refusal for Chapter 61B property located at 250 Howard Street Ms. Lemieux stated a complete package was received on August 12" and feedback was solicited from the pertinent committees. The property is 15.22 acres and is being sold for $50,000. Open Space found this property meets three of the six criteria for purchasing land. They would like the town to purchase the property for the fee of $50,000. The Conservation Commission issued a unanimous vote to pursue matching the offer and acquiring the property. The property is a valuable wildlife habitat and has connective access to a larger parcel of open space already owned by Lunenburg. Ms. Lemieux stated the end date of the 120 day period would be December 10th. There is a process to follow and a purchase and sale has to be consummated within 90 days of August 12'h ===PAGE 6=== vote: Mis. Adams-aye, Mr. Dwyer-aye, Mr. Marino-aye, Mir. Alonzo-aye Warrants Mr. Alonzo reported he had signed the following last week: • Accounts Payable Warrant #11 21, dated 9/1/20 in the amount of$975,957.14 • Payroll Deduction Warrant # 12 21, dated 9/2/20 in the amount of $26,977.95 • Payroll Warrant #5P 21, dated 9/3/20 in the amount of $725,448.67 Action Items-there were none this evening Committee Reports Mr. Alonzo stated the first Capital Planning Committee is tomorrow at 6:00 p.m. Mr. Dwyer stated the next meeting of MJTC is this Thursday at 2:30 p.m. Both are zoom meetings. OLD BUSINESS Discussion on FY2021 budget and Special Town Meeting articles, including article to amend FY21 appropriations Ms. Lemieux reported on what will be proposed for FY21 amendments based on her recommendations on deferred items we did not approve at the Annual Town Meeting. She requested updated figures from the Fire and Acting Police Chiefs for the additional police officer and firefighter. An additional police officer with a January 2021 hiring would be $30,161 and a firefighter would be $38,928. Another amendment for Town Meeting would be a new growth figure. The estimated new growth figure from Principal Assessor Byrne has increased from $173,400 to $250,000. Other amendments would be reductions to the Town health insurance lines due to reduced July premiums of 50%. The town side would be $50,000 and the school side would be $118,000. The Capital Planning Committee will be readdressing the deferred capital items that were part of the FY21 plan in the amount of $664,333. She has contacted the school to see if there are any needs beyond what they received at the annual town meeting as well as funding received from the state and federal governments due to Covid-19 and other grants. POLICY WORKSHOP: • Policies on Placing a Ballot Question on Election Ballot Ms. Lemieux had placed a draft policy in the Board's packet that was presented earlier in the year but not voted on. Motion: J. Marino 2nd: T. Dwyer To adopt the draft policy as presented for the policy of placing a ballot question on a the local election ballot ===PAGE 7=== guidelines within the past twelve months. Mr. Alonzo asked that these be incorporated into a draft and forwarded to him and it will be voted on at a future meeting. • Policy on approving signage in town Right of Way for non-profits and/or other groups on town-owned property Mr. Alonzo asked what the initial feeling was on this topic. Ms. Lemieux stated this discussion stems from requests for permanent signage, for example, A Right to Farm Community, etc. Ms. Adams added requests from charitable organizations to post fundraising signs was another reason. Mr. Alonzo's understanding was this was a policy for temporary signs. Mr. Dwyer stated what would be fine would be non-profit charitable organizations' signs versus charitable organizations posting political signs. Ms. Lemieux noted there was previous concern about sign pollution. Discussion ensued on what would be acceptable or not allowing any signs at all. Suggestion was made to see what other towns are doing and come back to define it further at another meeting. Mr. Alonzo reviewed the upcoming meetings; September 15 and 22nd PUBLIC COMMENT Dave Passios, 56 Whiting Street, reminded everyone the TCP Building Design Committee will be meeting Thursday at 6:00 p.m. and are seeking input from community organizations. He asked about the undefined liquor license that the Select Board had requested that had fallen through the cracks with the state legislature. He also wondered about the process for the Jaxx Country Store citizens' petition for an additional all alcohol retail license. Mr. Alonzo stated they will follow up on that. Ms. Adams noted school begins next week. Mr. Alonzo thanked the Town Clerk and all the election workers for pulling together a smooth election. He thanked them for their dedication. Motion: K. Adams To adjourn the meeting at 8:46 p.m. Vote: Ms. Adams-aye, Mr. Dwyer-aye, Mr. Marino-aye, Mr. Alonzo-aye Respectfully submitted, Elaiiem. Peteran Elaine M. Peterson Executive Assistant to the Town Manager 2™: T. Dwyer ======================================================================================== DOCUMENT : 2020-09-15-agenda-5212.txt BOARD : select-board DATE : 2020-09-15 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2020-09-15-agenda-5212.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_09152020-5212 ======================================================================================== ===PAGE 1=== SELECT BOARD Tuesday, September 15, 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 communiti es 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 7:05 PM Notice of First Right of Refusal for Chapter 61B property located at 250 Howard Street IV. INTERVIEWS/APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS Ratification of Town Manager Appointment to Americans with Disabilities Committee- Lori-Ann Tessier- term to expire 6/30/2023 V. CURRENT BUSINESS 1. Review Composite Town Manager Performance Evaluation 2. Review Special Town Meeting warrant articles 3. FY 2021 BOS Goals 4. Minutes/Warrants/ Action Items 5. Committee Reports VI. OLD BUSINESS 1. Revision of Tollbooth Policy 2. Policy on approval process for signage on town property ===PAGE 2=== VII. TOWN MANAGER REPORT AND COVID-19 UPDATE VIII. UPCOMING MEETING/EVENTS SCHEDULE September 22, 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. ======================================================================================== DOCUMENT : 2020-09-22-agenda-5213.txt BOARD : select-board DATE : 2020-09-22 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2020-09-22-agenda-5213.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_09222020-5213 ======================================================================================== ===PAGE 1=== SELECT BOARD Tuesday, September 22, 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 communiti es can take to prevent the spread and all town facilities are open during limited hours and 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 bein g 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 Meeting with WorldTech Engineering re: Complete Streets Project Design 7:30 PM Requests to Extend Temporary Outdoor Liquor Service per Governor Baker’s Order No. 50: 1)Smokestack Roasters (39 Massachusetts Avenue), 2)American Graffiti (113 Summer Street) 7:40 PM Update from the Council on Aging Director on Eagle House Activities IV. INTERVIEWS/APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS Resignation of Treasurer/Collector Myleen Mallari from Senior Tax Work Off Committee Appointment of Assistant Collector Susan Murchie to Senior Tax Work Off Committee Appointment of Assistant Town Manager/HR Director Julie Belliveau to Senior Tax Work Off Committee V. CURRENT BUSINESS 1. Temporary Telework Policy 2. Amended Emergency Family and Medical Leave Policy 3. Approval of Minutes of August 4, 2020 4. Warrants: W #13 21 – Accounts Payable – dated 9/15/20 in the amount of $311,800.61; W #14 21 – Payroll Deductions – dated 9/16/20 in the amount of $702,669.13; W #6P21 – Payroll – dated 9/17/20 in the amount of $806,933.68 ===PAGE 2=== 5. Action Items 6. Committee Reports VI. OLD BUSINESS 1. Policy on approval process for signage on town property 2. Approve Composite Town Manager Performance Evaluation 3. Review Special Town Meeting warrant articles and vote VII. TOWN MANAGER REPORT AND COVID-19 UPDATE 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.