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Members present: Tom Alonzo, Chairman; Phyllis Luck, Vice Chairman; Damon McQuaid,
Clerk; Katey Adams, Michael-Ray Jetfreys
Also present: Heather Lemieux, Town Manager; Adam Costa, Town Counsel
Others present: Peter Beardmore
The meeting commenced at 5:31 p.m.
Mr. Alonzo welcomed everyone to the meeting. He announced in accordance with the
requirements of the Open Meeting Law, please be advised this meeting is being recorded and
broadcast over the Lunenburg Public Access channel and also being recorded as a zoom
meeting.
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 communities can take to prevent the spread
and all town facilities are currently closed to the public.
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.
Mr. Alonzo announced there would be no public comment at this meeting. He stated, "I am
Tom Alonzo, Chair of the Board of Selectmen. I will do a roll call to confirm that all
members and persons anticipated on the agenda are present and can hear me. Members, when
I call your name, please respond in the affirmative and then state your name." Other persons
present are Town Manager and Town Counsel.
Ms. Luck: "Yes, I am here,"
Mr. McQuaid- "Yes, I am here"
Ms. Adams-"Yes, I am here,"
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Ms. Lemieux reported up until yesterday it was believed that when the new town election
date would be voted on next Tuesday, it would reset the clock for other items such as the
town caucus and the deadline for submitting nomination papers. Attorney Costa spoke to
someone at the Secretary of State's office yesterday and received different information. That
is why we are calling this emergency meeting.
Attorney Costa stated special legislation signed recently did not address resetting the deadline
for submittal of election nomination papers. There is a deadline of 35 days plus an additional
14 days (total 49 days) before the election. Information from the Secretary of State office is
that the deadline for submitting papers does not change. Costa disagreed with that position as
the General Laws speak for themselves. But the Election Division maintains the deadline
remains whatever it was based on the original election date. If it is postponed, it will have no
effect on deadlines, meaning the deadline to file them in Lunenburg is today. By virtue of
today being a Saturday, it is the close of business on Monday. As a board you can decide to
let the deadline stand as is, or you can file a court order to extend the deadline to submit
nomination papers. You could take that position relying on my advice based on General Law,
but that is inconsistent with what we are being told by the State Elections Division. The best
way to accomplish that is to postpone the election and seek a court order next week for a later
deadline to be set. We did this for the Town of Hanson and the judge allowed that. Mr.
Alonzo asked the Board for questions:
Ms. Adams supported extending the deadline because Town Hall has been closed. Applying
more time just makes sense.
Mr. Jeffreys understood Town counsel's reasoning, but questioned if we have the opportunity
to get this accomplished through our legislature even if the deadline is tomorrow. They acted
fairly quickly with the last request. He was hesitant to file a court order before asking the
legislature to do something first.
Mr. Alonzo stated we have two separate issues on the agenda. The first one is the town
election which I believe everyone is in agreement to postpone to another date. Ms. Luck
stated the Town of Hanson was able to do it quickly and felt it was appropriate for Lunenburg
Mr. Alonzo gave the opportunity for comment. There was none at this time.
Motion: P. Luck
2nd: D. McQuaid
To postpone the May 16, 2020 town election and determine an alternative date at the
regular Selectmen's Meeting on Tuesday, March 31, 2020
Ms. Luck-aye, Mr. McQuaid-aye, Ms. Adams- aye, Mr. Jeffreys- aye, Mr. Alonzo
aye
2. Discussion to Authorize Counsel to seek a Court Order to extend the deadline to
submit nomination papers
Mr. Alonzo stated either way we go, the deadline for nomination papers is certainly needed to
be extended. We will have a greater chance of participation if we extend it now. Ms. Adams
asked if there was another way to collect signatures. Attorney Costa stated candidates are
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looking at a minimum of a week between the day that we craft it and submit it to our
legislator to be put before the legislature and the date we would potentially receive action by
the House, Senate, Governor. Mr. Jeffreys noted everyone across the state is in the same
situation. He asked if the town had inquired with our legislators yet and urged to attempt that
route first. If the situation is different in a week, I support extending the deadline out. We
should use our elected officials first before going to court for matters of expedience.
Mr. Alonzo stated in terms of postponing the election we have time to figure out what to do.
This is about extending the deadline for the nomination papers. The safety net underneath all
this is that all the potential candidates would be operating under the same guidelines and the
worst case is there is a write-in election.
Attorney Costa stated you could request special legislation and then file a court order; we are
looking at least a week and a half to two weeks out. It's not a lengthy extension because the
Board hasn't chosen a new election date. You need to keep the 49 days count backwards in
mind. For June, you are looking at mid-April.
Motion: K. Adams
2nd: M. Jeffreys
To extend the deadline for nomination papers according to the date of the new election
date with possible special legislation and the option to do a court order if necessary
Discussion: Ms. Luck stated there maybe people who are ready to submit nomination papers
on Monday; what will happen to those if submitted? Mr. Alonzo stated they would be
accepted by the Town Clerk office.
Mr. Alonzo agreed with the motion. He added he preferred the court order due to the ability
to get faster results. Ms. Luck agreed with the court order. Mr. Alonzo asked if there was any
cost associated with asking for the court order. Attorney Costa stated there would be the court
filing fee, around $275 and a $90 payment presuming that preliminary relief issued. The
actual preparation and my arguing it is covered under the Town's flat fee.
Mr. Alonzo asked Ms. Adams if her motion covered changing the deadline and making
it possible to do the court order. She affirmed and added she would remove the special
legislation phrase if that made it easier. Mr. Alonzo asked if Mr. Jeffreys maintained his
second. Mr. Jeffreys withdrew his second. Ms. Luck seconded Ms. Adams motion.
Mr. Jeffreys asked can we make a decision today to keep accepting nomination papers and
file for special legislation throughout because we have this interpretation. Process wise I
believe with giving everyone in town more time to get their papers in, but should there be
legislation that makes other opportunities for some of these signature requirements?
There are other questions that could be answered by potential legislation; I would like to see
what our legislators say before we file a court order.
Mr. Alonzo stated we could file a court order and if special legislation is filed, we would then
follow that. They are not exclusive of each other or competing options.
Mr. Alonzo recognized Peter Beardmore, 282 Pleasant Street. Mr. Beardmore stated we need
to be cognizant of what's fair to potential candidates who have been following the rules. The
deadline is Monday and should stay Monday. There is opportunity for write in ballots for
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analyzing this and have to acknowledge that we have to move everything around. Let's focus
on the motion. Mr. McQuaid agreed with Ms. Adams adding we should be going for a
determination. I wouldn't sit around waiting for special legislation.
Mr. Alonzo called for a vote.
Vote: Ms. Luck-aye, Mr. McQuaid-aye, Ms. Adams-aye, Mr. Jeffreys- nay, Mr.
Alonzo-aye
Mr. Alonzo stated they would determine the actual election date at their next meeting. He
thanked everyone for joining them tonight.
Motion: P. Luck
2nd: K. Adams
To adjourn the meeting at 6:21 p.m.
Vote: Ms. Luck-aye, Mir. McQuaid-aye, Ms. Adams-aye, Mr. Jeffreys-aye, , Mr. Alonzo-
aye
Respectfully submitted,
Daim. Peterson
Elaine M. Peterson
Executive Assistant to the Town Manager