===PAGE 1=== Select Board Meeting Minutes Page 1 of 7 June 4, 2024 Town of Lunenburg Select Board Meeting Minutes Bilotta Meeting Room, Lunenburg Town Hall and via ZOOM Tuesday, June 4, 2024 7:00 PM Members Present: Chair Caesar Nuzzolo, Vice-Chair Michael-Ray Jeffreys, Clerk Amanda Moore, Member Tom Alonzo, Member Renee Emkey Also Present: Heather Lemieux, Town Manager. Public Comment Participants are listed in the minutes. CALL TO ORDER AND PLEDGE OF ALLEGIANCE Chair Michael-Ray Jeffreys called the meeting to order at 7:00 PM and led the Pledge of Allegiance. Chair Jeffreys informed attendees that the meeting was being recorded and broadcast live and would be uploaded to YouTube after the meeting. He explained that the agenda listed topics that may be discussed, but not all items may be addressed and other items not listed could be brought up as permitted by Open Meeting Law. I. ENTER EXECUTIVE SESSION Chair Michael-Ray Jeffreys made a motion to enter into Executive Session and to re-enter Open Session after exiting Executive Session pursuant to MGL c. 30, Section 21, Paragraph 3, to discuss strategy with respect to collective bargaining if any open meeting may have a detrimental effect on the bargaining position of the public body and the Chair so declares. The motion was seconded. Call for the vote: Chair Jeffreys, Aye; Member Alonzo, Aye; Member Emkey, Aye; Member Moore, Aye; Member Nuzzolo, Aye. The motion passed unanimously (5-0-0). II. PUBLIC COMMENT Board Comment Member Tom Alonzo welcomed Member Amanda Moore to the Board. Chair Jeffreys noted that he has been Chair for two years and looks forward supporting a new Chair, thanking his colleagues and the public for help during his tenure. Public Comment Chair Jeffreys recognized George Burden, 39 Cortland Circle. He welcomed Member Moore to the Board. Mr. Burden accused Chair Jeffreys, Member Alonzo, and others of a variety of illegal actions. Mr. Jeffreys responded, rebutting Mr. Burden’s accusations toward him. III. REORGANIZATION ===PAGE 2=== Select Board Meeting Minutes Page 2 of 7 June 4, 2024 Member Moore nominated Member Caesar Nuzzolo as Chair. Seconded by Chair Jeffreys. Chair Jeffreys nominated Member Alonzo as Chair; seconded by Member Emkey. Both Member Alonzo and Member Nuzzolo accepted the nomination. Call for the vote on Member Nuzzolo’s nomination: Three-Aye; Two-Nay (Members Alonzo and Emkey). The motion passed (3-2-0). Chair Nuzzolo nominated Member Alonzo as Vice-Chair; Member Alonzo refused the nomination. Chair Nuzzolo nominated Member Emkey as Vice-Chair; Member Emkey refused the nomination. Chair Nuzzolo nominated Member Jeffreys as Vice-Chair, and a second was heard; Member Jeffreys stated that he did not want the position but that he would accept. Call for the vote: Three-Aye; One-Nay (Member Emkey); One-Abstain (Member Alonzo). The motion passed (3-1-1). Member Jeffreys nominated Member Emkey as Clerk. Member Emkey refused the nomination. Member Alonzo nominated Member Amanda Moore as Clerk. Member Jeffreys seconded. Call for the vote: Four-Aye; One Abstention (Member Emkey). The motion passed (4-0-1). IV. ANNOUNCEMENTS ** Taken out of order, following Town Manager’s Report ** Town Manager Heather Lemieux announced that she has submitted her resignation to the Board via email prior to this meeting. She read the letter aloud. Board members responded with thanks to Town Manager Lemieux for her work in Lunenburg. V. COMMUNICATIONS FROM OTHER BOARDS - NONE VI. APPOINTMENTS 7:10 PM Hearing to discuss and review Restaurant All Alcohol License #07338-RS- 0636 for La Balena LLC, d/b/a The Re Boot located at 50 Massachusetts Ave. Chair Caesar Nuzzolo reviewed the procedure. Attorney Costa had notified the Board that he was unable to attend this meeting. The Public Hearing was opened at 7:44 PM. Chair Nuzzolo recognized John Reynolds, 91 Lancaster Ave., Chair of the Sewer Commission. Mr. Reynolds said that La Balena has not been paying their sewer bill. In December they met with the Sewer Commission and set up a weekly payment plan to become current. Some payments were received in January, then payments were late, and one check had insufficient funds. When the Agreement was signed, they were $13,299 in arrears; today they owe $13,689.08. Chair Nuzzolo swore in Mr. Reynolds; Mr. Reynolds then had to restate his previous statements. At the April 9 meeting Re Boot agreed to pay $2,000 but as of May 28 this obligation has not been met. They have had no contact with the Sewer Commission. The Sewer Commission asks that the Select Board revoke their liquor license. ===PAGE 3=== Select Board Meeting Minutes Page 3 of 7 June 4, 2024 No one was present to represent La Balena, LLC. The Board had no questions. Member Tom Alonzo moved to revoke the license of The Re Boot under their failure to pay according to the agreement reached with the Sewer Commission signed December 13, 2023. Seconded by Member Emkey. Discussion was held as to which license was being revoked, the All Liquor or the Common Victualer or both. Town Manager Heather Lemieux suggested that the different licenses might be broken out into different motions, citing Chapter 40 Section 57, and then the violation as well. Member Alonzo moved that the Board finds that Re Boot is in violation of their agreement of paying their back taxes as agreed to on December 13, 2023. Seconded by Member Jeffreys. No discussion was heard. Call for the vote: Five-aye. The motion passed unanimously. (5-0-0). Member Alonzo moved to rescind the Alcohol License from Re Boot due to the violation. Seconded by Member Jeffreys. No discussion was heard. Call for the vote: Vice-Chair Jeffreys, Aye; Member Alonzo, Aye; Member Emkey, Aye; Clerk Moore, Aye; Chair Nuzzolo, Aye. The motion passed unanimously. (5-0-0). 7:30 PM Hearing with request from Thomas L. Gammel, Chief of Police, to Hear and Discuss the Revocation of Class II Auto Dealer License #745 for Jose Iris De Oliviera Jr. d/b/a Maxi Auto Inc., and Lunenburg Auto Center located at 36 & 40 Summer St. Chair Caesar Nuzzzolo asked all parties who intended to give testimony to rise, and swore them in. Chair Nuzzolo then invited Police Chief Gammel to present his testimony. Chief Gammel stated that in the last month there have been multiple complaints against Maxi Auto, including vehicles being sold without titles, fraudulent documents for vehicles that were sold, and misuse of dealer plates. On May 20, Officer Hill with the assistance of Massachusetts State Police, inspected the business. They reviewed the license, which created confusion about the owner’s name, and the conditions issued by the Zoning Board of Appeals, including “the granting of the special authorization shall inure to the benefit of the applicant and shall cease in the event the business is sold or sublet.” Officer Hill presented testimony and explained why the Police Department is seeking a Criminal Complaint in court. Officer Hill related a complaint from an elderly man who had purchased a car some months ago, and in an effort to circumvent the lack of title, had been given a repair plate. Officer Jeffrey Hill, with State Trooper Gene Lawrence, observed 18 cars for sale, some missing “Lemon Law” required stickers. The proclaimed owner, Sidney Fernandez deSouza, not Jose Iris De Oliviera as per their license, said that he had purchased the business. Other violations were described. Of the 18 cars for sale, title was only available for nine; four were provided later in the day. Mr. deSouza was charged with a variety of violations including one felony for forging RMV documents. Over 15 complaints have been received in the last month. Vice-Chair Jeffreys asked Officer Hill what law entitled them to go into the property and inspect books and documents. Officer Hill explained. State Trooper Lawrence also testified to the same ===PAGE 4=== Select Board Meeting Minutes Page 4 of 7 June 4, 2024 information, adding that all dealer and repair plates initially assigned to these businesses, were expired. Board members asked a variety of questions. Chair Nuzzolo invited Sidney Fernandez deSouza, with translator Kyo, to respond. Mr. Oliviera, the owner of record, was also present. Mr. deSouza stated that he and Mr. Oliviera had always been in business together as partners, but for some reason it was only Mr. Oliviera’s name on the license. He explained a lengthy process of the business becoming his just in April. Chair Nuzzolo invited board members to ask questions. Many questions involved expired dealer plates or cars without titles. Member Emkey asked about the difference in names on the ownership documentation and the license. Member Jeffreys asked Mr. deSouza who was the owner of the property. Mr. deSouza said that he is not the property owner, but that he rents. He is buying the business from Mr. Oliviera. He has worked at the business under Mr. Olivierafor a couple of years. Conversation about ownership and roles went back and forth. Chair Nuzzolo opened discussion to the Board. Vice-Chair Jeffreys believes the license should be revoked, and it appeared that Mr. De Olivera improperly sold this business to Mr. deSouza without following correct process, and engaging in fraudulent practices. Member Moore echoed Member Jeffrey’s statements, calling this a predatory enterprise. Member Alonzo agreed that the company should not have a license in Lunenburg, as did Member Emkey. The Police Chief recommended issuing an immediate Cease and Desist Order and requiring that all vehicles be removed from the lot within seven (7) days. Member Alonzo moved that the Board find that the defendants, Maxi Auto Inc., and Lunenburg Auto Center, are guilty of the violations presented at this meeting by law enforcement. Seconded by Member Emkey. Call for the vote: Vice-Chair Jeffreys, Aye; Member Alonzo, Aye; Member Emkey, Aye; Clerk Moore, Aye; Chair Nuzzolo, Aye. The motion passed unanimously (5-0-0). Vice-Chair Jeffreys moved that the Board revoke all licenses issued to Maxi Auto Inc., and Lunenburg Auto Center, for them to remove all vehicles from the property within seven days, remove all signage that indicates that they are open for business, and to cease all activities related to the sale or repair of vehicles. Seconded by Member Alonzo was heard. Call for the vote: Vice-Chair Jeffreys, Aye; Member Alonzo, Aye; Member Emkey, Aye; Clerk Moore, Aye; Chair Nuzzolo, Aye. The motion passed unanimously (5-0-0). 8:00 PM Meeting with Auditors Powers & Sullivan (Marcum Accountants & Advisors) re. FY 2023 Audit The Auditor (unnamed) thanked the Town Manager, current and former Finance Directors, and staff, for their assistance in making this audit go smoothly. He reviewed required communication and the annual management letter. Chair Nuzzolo opened the floor to questions from the Board. Member Alonzo credited the Town Manager for helping with the Audit project and for working to have no internal deficiencies. Mr. ===PAGE 5=== Select Board Meeting Minutes Page 5 of 7 June 4, 2024 Alonzo asked what percentage of communities had an audit this clean; the Auditor stated that 70- 80% of audits that they do are good audits, in communities that do a good job. Member Emkey echoed Member Alonzo’s comments. VII. INTERVIEWS/APPOINTMENTS/REAPPOINTMENTS/RESIGNATIONS Ratification of the Town Manager’s Appointment of Planning Board Administrative Assistant Logan O’Connell Member Emkey moved to ratify the Town Manager’s appointment of Logan O’Connell as Planning Board Administrative Assistant. Seconded by Clerk Moore. Call for the vote: Vice-Chair Jeffreys, Aye; Member Alonzo, Aye; Member Emkey, Aye; Clerk Moore, Aye; Chair Nuzzolo, Aye. The motion passed unanimously (5-0-0). Ratification of the Town Manager's Appointment of Seasonal Lifeguard Jamieson Snape Vice-Chair Jeffreys moved to ratify the Town Manager’s appointment of Jamieson Snape as Seasonal Lifeguard. Seconded by Member Emkey. Call for the vote: Vice-Chair Jeffreys, Aye; Member Alonzo, Aye; Member Emkey, Aye; Clerk Moore, Aye; Chair Nuzzolo, Aye. The motion passed unanimously (5-0-0). VIII. TOWN MANAGER REPORT Town Manager Heather Lemieux reviewed Board/Committee/Commission Vacancies and Employment Opportunities within the Town. She reported that Building Commissioner Brian Gingras has offered to assume the managerial portion of the Land Use Director’s job until a permanent solution is found. Interim Planner Richard Harris has offered to extend his services through the summer. The Marshall Park Owner’s Project Manager (OPM) contract is ready to finalize; the fee will be a not-to-exceed $250,000 and will cover OPM services through the selection of a designer and engineer and the completion of construction related to the PARC Grant, which needs to be complete by June 2025. Town Counsel is working on the Right to Entry Agreement regarding Insurance thresholds. FEMA has approved an appeal request for individual assistance to residents and businesses with storm damage from the September 2023 storm. Public assistance was denied; Lunenburg will be receiving $30,000 from the $5 million State distribution. December storm damage to siding at the Public Safety Building complex has been paid through insurance. Representative Scarsdale’s office has notified Lunenburg that the MILO Advanced Training Simulation System (Use of Force, Critical Incident Training, De-escalation) for the Police Department in the amount of $33,910 was submitted as part of the House budget. Town Manager Lemieux announced her resignation effective August 4, 2024 and read her resignation letter into the record. ===PAGE 6=== Select Board Meeting Minutes Page 6 of 7 June 4, 2024 IX. OLD BUSINESS 1. Discussion on Tax Investigation Report - tabled 2. Discuss use of Information Technology Resources Policy - tabled 3. Discuss Outdoor Dining Policy - tabled X. CURRENT BUSINESS 1. Review of remaining ARPA funding and committed funds - tabled 2. Discussion on Budget Task Force - tabled 3. Select Board Liaison & Committee Assignments - tabled 4. Committee Reports Member Alonzo reported that it has been difficult to arrange a meeting of the Capital Planning Committee but he will try to schedule one for Monday. Member Emkey reported on a recent School Committee meeting. The “BMP” scheduled to go in front of the Lunenburg Middle/High School was voted down by the School Committee. They have hired a Finance Director, Dr. Susan Gilson, who starts July 1. The Facility Director’s updates are now available online. Member Jeffreys reported on a recent Agricultural Committee (AgCom) meeting. Future plans were discussed; one or two members will be resigning and they have asked the Select Board for a liaison. 5. Minutes/Warrants No minutes were presented for approval. The Board signed Accounts Payable Warrant in the amount of $668,140 and a Payroll Warrant in the amount of $1,149,805.03. XI. UPCOMING MEETING/EVENTS SCHEDULE June 11 and June 18 ===PAGE 7=== Select Board Meeting Minutes Page 7 of 7 June 4, 2024 PUBLIC COMMENT*** TOWN MANAGER - None PUBLIC Dave Passios, 56 Whiting Street – Thanked Town Manager Lemieux for her service and wished her well. He said that he hopes that this Board can get their act together because the citizens of Lunenburg need them to be active. Mr. John Bowen (via Zoom) – Offered his analysis of the reorganization of the Board. Stated that Town Manager Lemieux had neglected to inform the Auditor of the creation of a written turnover policy. Mr. Bowen continued, stating that a Cemetery Commissioner was the cause of the creation of this policy. Town Manager Lemieux commented that the policy Mr. Bowen is referencing (actually named the Revenue Turnover Policy) was created in FY24, whereas the Audit was concerned with FY23. She stated that she has repeatedly said that this was going to be part of a series of financial policies from DLS (Division of Local Services) that they would be looking for the town to adopt. It was not created in response to the Cemetery Commission and is a common policy in towns. BOARD Member Alonzo announced that this Sunday, at 8:30, is the Annual Police and Fire Memorial at the Public Safety Building, commemorating and memorializing the former members. ADJOURN Vice-Chair Jeffreys moved to adjourn. Seconded by Clerk Moore. Call for the vote: Vice- Chair Jeffreys, Aye; Member Alonzo, Aye; Member Emkey, Aye; Clerk Moore, Aye; Chair Nuzzolo, Aye. The motion passed unanimously (5-0-0). Meeting adjourned at 9:55PM. Respectfully submitted, Ellen McKenna Doiron Minute Clerk These minutes were reviewed and approved by the Select Board on: Tuesday, February 10, 2026. Clerk Emkey made the Motion to Approve the minutes of June 4, 2024. Seconded by Member Lehtinen. Call for the Vote: Five-aye. Motion Passed unanimously (5-0-0). *** Per Policy, Public comment is limited to 15 minutes, with no more than 3 minutes per speaker except at the discretion of the Chairperson