===PAGE 1=== Page 1 of 10 Select Board Meeting Minutes 7/09/2024 Town of Lunenburg Select Board Meeting Minutes Town Hall, 17 Main Street and via Zoom Tuesday, July 9, 2024 Members Present: Chair Caesar Nuzzolo, Vice-Chair Michael-Ray Jeffreys, Clerk Amanda Moore, Member Tom Alonzo and Member Renee Emkey Also Present: Heather Lemieux, Town Manager CALL TO ORDER AND PLEDGE OF ALLEGIANCE Chair Caesar Nuzzolo called the meeting to order at 7:00 PM and led the Pledge of Allegiance. Chair Nuzzolo 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. PUBLIC COMMENT Board Comment Member Tom Alonzo thanked Steve Archambault and the Town Band for the first summer band concert held the previous evening in front of TC Passios at 7:00 PM, noting that concerts would continue for the next four weeks, weather permitting. Public Comment Mandy Gilman, 186 Reservoir Road Ms. Gilman stated that she was following up on efforts to secure additional school funding for Lunenburg. She stated that the Town Manager, Select Board Chair, School Superintendent, Finance Committee, and School Committee members had been invited to a meeting with Representative Scarsdale scheduled for Friday, July 19, and that she had also been invited in her capacity as a PTO member. Ms. Gilman stated that, based on her professional experience, she had suggested to Finance Committee Chair Watters that it would be helpful for the Town to submit a written, unified set of school-related funding requests to the Representative in advance of the meeting, given the number of communities involved and the limited time. She stated that the Finance Committee and School Committee had begun discussing a list of priorities and that she had drafted a preliminary letter, which she had sent to the Select Board earlier that day, for possible endorsement. She summarized two major requests in the draft letter: Chapter 70 funding and School transportation funding and contract competition. Ms. Gilman asked the Board to consider, at a future meeting, formally signing on to the letter once other boards had completed their review. Chair Nuzzolo thanked Ms. Gilman for her work and stated that he planned to place the draft letter on the agenda for the next Select Board meeting so that the Board, along with the Finance Committee and School Committee, could act with a unified message in advance of the meeting with the Representative. George Burden, 39 Cortland Circle Mr. Burden stated that he had requested the January 9 Executive Session minutes from the Select ===PAGE 2=== Page 2 of 10 Select Board Meeting Minutes 7/09/2024 Board at the June 4 meeting and had not yet received them. He said he had been told by one Board member that responsibility rested with the Clerk, but he disagreed and maintained that the Board as a whole was responsible. He stated that more than 30 days had passed and indicated that, if the minutes were not produced, he intended to file an Open Meeting Law complaint. Mr. Burden also revisited concerns he had raised at a prior meeting regarding a law firm he said had been previously referenced by Vice-Chair Jeffreys. Chair Nuzzolo thanked Mr. Burden for his comments and noted that Vice-Chair Jeffreys wished to respond. Vice-Chair Michael-Ray Jeffreys stated that after the prior public meeting, he had contacted Attorney Severance, the law firm, directly to address Mr. Burden’s assertion that they represented him or his business. Vice-Chair Jeffreys said that Attorney Severance confirmed to him that the firm did not represent him and had sent a letter to Mr. Burden’s attorney clarifying that point. Chair Nuzzolo thanked both parties and closed the discussion. John Bowen, 162 Highland Street Mr. Bowen, speaking as a resident, expressed concerns regarding the conduct of Cemetery Commission Chair Nancy Foss Yasko. He stated that he overheard Ms. Yasko speaking loudly to a DPW employee at North Cemetery and asserted that she does not have authority to direct DPW staff, noting that cemetery operations fall under DPW and the Town Manager per Town Counsel and the Town Charter. He reported the incident to the DPW Superintendent. Mr. Bowen also referenced information he heard regarding emails describing his and his family’s property as a “junkyard” and stated that he intends to submit a public records request for related communications. He further expressed broader concerns about Ms. Yasko’s approach to cemetery matters and potential taxpayer impacts, citing past advocacy positions of hers as examples. Mr. Bowen commented on the appointment of David Passios to the Historical Commission, stating that while he respects Mr. Passios, he believes individuals should not serve on multiple boards simultaneously due to concerns about concentrated influence. He urged the Board to consider limiting cross-appointments. Chair Nuzzolo thanked Mr. Bowen for his comments and noted that he had heard another account of the reported cemetery interaction and did not view it as confrontational. Mr. Bowen asked the Chair to present that perspective publicly or before the Cemetery Commission. Chair Nuzzolo declined to discuss details further at that time. Tim Murphy, Town Moderator (via Zoom) Town Moderator and Town Manager Screening Committee Chair Tim Murphy joined remotely via Zoom and provided an update on the committee’s work. He reported that the committee has begun meeting, with sessions held on June 24 and additional meetings scheduled in July to finalize the job advertisement, develop the interview process and questions, and interview the current Town Manager for input. Mr. Murphy noted the committee may return to the Select Board to request funding for an external recruitment consultant if needed to ensure a strong candidate pool. Portions of his remarks were briefly affected by audio issues. Chair Nuzzolo thanked Mr. Murphy for the update. ===PAGE 3=== Page 3 of 10 Select Board Meeting Minutes 7/09/2024 ANNOUNCEMENTS Chair Nuzzolo stated that the Town Beach was closed earlier in the day due to elevated bacteria levels. Residents were advised to check the Town’s website and social media for updates regarding water quality and reopening. He stated that the summer band concerts hosted by the Town Band began the previous evening at TC Passios. Concerts will continue for the next four weeks, from 7:00 PM to 8:30 PM, weather permitting. Residents were encouraged to attend and enjoy the music and community atmosphere. COMMUNICATIONS FROM OTHER BOARDS Lunenburg Water District – Superintendent’s Update Chair Nuzzolo read an update from the Lunenburg Water District Superintendent regarding the Mass Ave Water Main Replacement Project and seasonal water use restrictions. The Superintendent reported that construction is expected to begin in early July, with work scheduled Monday through Friday from 7:00 a.m. to 4:00 p.m. Police details will be present to support traffic management, and motorists should expect delays. The Superintendent also noted that a new line-item charge related to the project is expected to appear beginning with the October 1st water bills. Seasonal water use restrictions remain in effect from May 1 through September 30, limiting non- essential outdoor water use between 9:00 a.m. and 5:00 p.m. The Board of Water Commissioners will continue to monitor conditions and adjust restrictions as appropriate. Residents were encouraged to stay informed through Town communication channels and the Water District website. Economic Development Committee Communication Clerk Moore stated that the Economic Development Committee met on June 27 and is planning its second annual community meet-and-greet event for September 26 at 5:30PM at Low Places Ranch. Additional event details will be shared as planning progresses. APPOINTMENTS 7:15 PM – Public Hearing: All-Alcohol, General On-Premises License and Automatic Amusement Device License Applicant: Pals Golf Lounge LLC d/b/a Blue Sky Golf, 5 Summer Street, Unit 1 (continued from June 18, 2024) Chair Nuzzolo reopened the continued public hearing on the application of Pals Golf Lounge LLC d/b/a Blue Sky Golf for an All-Alcohol, General On-Premises License and an Automatic Amusement Device License at 5 Summer Street, Unit 1. Clerk Moore read the legal notice into the record. Chair Nuzzolo stated that updated documentation was submitted since the prior meeting, including revised hours, an alcohol service policy, and a verified floor plan consistent with the Building Department records. Vice-Chair Jeffreys expressed concern regarding alcohol service beginning at 8:00 a.m., noting a preference for a later start time, such as 10:00 a.m., consistent with liquor store hours and after- school start times. The applicant clarified that while the business opens at 8:00 a.m., the intention is to begin alcohol service no earlier than 10:00 a.m. No additional public comments were received. The Chair closed the discussion. ===PAGE 4=== Page 4 of 10 Select Board Meeting Minutes 7/09/2024 Motion by Member Alonzo to approve the application of Pals Golf Lounge LLC d/b/a Blue Sky Golf for an All-Alcohol, General On-Premises License and Automatic Amusement Device License at 5 Summer Street, Unit 1, as presented. Seconded by Member Emkey. Call for the vote: Member Alonzo-aye, Member Emkey-aye, Clerk Moore-aye, Chair Nuzzolo-aye, Vice-Chair Jeffreys-nay. The motion passed (4-1-0). 7:30 PM – Public Hearing: Chapter 61B – Kilburn Street Lots 1, 2, and 3 Notice of Intent to Convert – Lot 2 Notice of Intent to Convert and Sell – Lots 1 and 3 Attorney Thomas Gibbons appeared on behalf of Timrick Realty Trust, owner of Lots 1, 2, and 3 on Kilburn Street. He explained that the filing for Lot 2 is a Notice of Intent to Convert from Chapter 61B for family residential use without a sale, while Lots 1 and 3 involve conversion and sale, triggering the Town’s right of first refusal. Attorney Gibbons stated that the required notifications were filed on May 15. He explained that under the statute, the Town had 30 days to provide an appraisal for Lot 2 if it wished to preserve its right to purchase. He stated that since the 30-day period has expired without an appraisal being secured, the Town no longer has the legal ability to exercise its right of first refusal on Lot 2, although the 120-day timeline remains relevant for recording purposes. Attorney Gibbons confirmed that the owner intends to proceed with the conversion of Lot 2 for family use regardless of the Town’s decision regarding Lots 1 and 3. Motion by Member Alonzo to waive the Town of Lunenburg’s right of first refusal under M.G.L. Chapter 61B relative to Lot 2, Kilburn Street. Seconded by Member Emkey. Call for the vote: Member Alonzo-aye, Member Emkey-aye, Clerk Moore-aye, Chair Nuzzolo-aye, Vice-Chair Jeffreys-aye. The motion passed unanimously (5-0-0). No action was taken on Lots 1 and 3. The matter will return to a future meeting for further consideration. 7:50 PM – Meeting with Shady Point Regarding License Agreement for Shady Point Boat Launch Representatives from Shady Point met with the Board to discuss the proposed License Agreement allowing Lunenburg residents use the Shady Point boat launch located on Town- owned land. They reported that they have already implemented resident verification procedures using identification checks and issuing parking hang tags. They noted that the agreement aligns with their current operational approach. The Board reviewed several provisions of the agreement. Vice-Chair Jeffreys discussed the termination clause, which, as written, allowed termination by either party with 24 hours’ written notice. He expressed concern that 24 hours was insufficient and suggested revising the notice period to 14 days. Shady Point representatives expressed no objection. ===PAGE 5=== Page 5 of 10 Select Board Meeting Minutes 7/09/2024 Motion by Vice-Chair Jeffreys to approve the License Agreement with Shady Point for use of the Town-owned boat launch, as amended to revise the termination notice provision to 14 days. Seconded by Member Alonzo. Call for the vote: Member Alonzo-aye, Member Emkey-aye, Clerk Moore-aye, Chair Nuzzolo-aye, Vice-Chair Jeffreys-aye. The motion passed unanimously (5-0-0). 8:30 PM – Meeting with Sewer Commission Chair – Sewer Pump Station Clog Issues Sewer Commission Chair John Reynolds provided a presentation on recurring clogging issues affecting the Town’s sewer pump stations. He reported that increasing amounts of non-flushable materials, including wipes labeled “flushable,” paper towels, plastic items, and other debris, are causing pump failures. He demonstrated the problem using clear bottles of water: one containing toilet paper which dissolved, one containing paper towel which remained intact, and one containing a “flushable” wipe that remained fully intact even after several weeks in water. Mr. Reynolds stated that since September, sewer staff have responded to approximately 30 pump shutdowns caused by clogs. He explained that each incident typically requires at least four hours of staff time, with additional costs when after-hours call-outs occur. He cited a prior incident where a pump motor burned out due to clogging, costing approximately $17,000 to replace. He outlined potential solutions such as installing grinders at pump stations or more frequent wet well pump-outs, but noted both options are extremely costly and do not address the root problem. He emphasized that user education remains the most effective solution. Board members discussed possible outreach, including direct engagement with large multi-unit residential property managers and tenants, noting that sewer bills are often not received directly by users in rental housing. Members supported renewed public education messaging emphasizing that only human waste and toilet paper should be flushed. The Board thanked Mr. Reynolds for the presentation. No vote was taken. INTERVIEWS/APPOINTMENTS/REAPPOINTMENTS/RESIGNATIONS Select Board Interview and Appointment of Historical Commission Applicant – Dave Passios, 56 Whiting Street Mr. Passios spoke about his interest in the Town’s history and his prior civic involvement. He expressed appreciation for the opportunity to continue serving the community and noted that he is looking forward to supporting ongoing Historical Commission work. Board members expressed appreciation for Mr. Passios’ willingness to volunteer and acknowledged his long history of service to the Town. Motion by Member Vice-Chair Jeffreys to appoint Dave Passios of 56 Whiting Street to the Historical Commission for a term to expire June 30, 2025. Seconded by Clerk Moore. Call for the vote: Member Alonzo-aye, Member Emkey-aye, Clerk Moore-aye, Chair Nuzzolo-aye, Vice-Chair Jeffreys-aye. The motion passed unanimously (5-0-0). ===PAGE 6=== Page 6 of 10 Select Board Meeting Minutes 7/09/2024 TOWN MANAGER REPORT Town Manager Lemieux reported on departmental, committee, and administrative activities. She noted that the Town continues to experience significant staffing and operational demands and thanked Town employees for their ongoing efforts. She reported that the Town Manager Screening Committee continues its work and that the Capital Planning Committee, Finance Committee, and Budget Task Force are also meeting regularly. She referenced earlier discussion related to ARPA funding and stated that staff would continue monitoring previously approved ARPA projects to ensure that committed funding remains on track to meet federal deadlines. Town Manager Lemieux stated that she is continuing to coordinate with department heads on capital planning, staffing needs, and ongoing municipal projects, and she thanked the Board for its support. OLD BUSINESS Discussion on Tax Investigation Report Vice-Chair Jeffreys followed up on the Tax Investigation Report. Members acknowledged that the Board had previously received the findings and discussed them at prior meetings. No new information was presented at this time, and no additional action was taken. Discussion on Use of Information Technology Resources Policy Chair Nuzzolo discussed the proposed revisions to the Town’s Use of Information Technology Resources Policy. Members noted the importance of maintaining clear expectations regarding the appropriate use of Town technology systems and ensuring compliance with cybersecurity, data security, and operational requirements. Town Manager Lemieux stated that she and Town staff continue to review the policy language and compare it with policies in other municipalities to ensure best practices. Board members expressed support for a policy framework that protects Town systems while remaining practical for daily municipal operations. Motion by Member Alonzo that the Select Board adopt the revisions to the Use of Information Technology Resources Policy as presented, including the additions to Section N under “Electronic Communication Devices,” and further amend Article II, Operational Policy Section 2.03, “Use of Information Technology Resources Policy for Appointed and Elected Boards and Committees,” by adding the “Termination of Email Access” paragraph, as presented to the Board. Seconded by Clerk Moore. Call for the vote: Member Alonzo-aye, Member Emkey-aye, Clerk Moore-aye, Chair Nuzzolo-aye, Vice-Chair Jeffreys-aye. The motion passed unanimously (5-0-0). Discussion on Outdoor Dining Policy Chair Nuzzolo continued the discussion regarding the development of a permanent outdoor ===PAGE 7=== Page 7 of 10 Select Board Meeting Minutes 7/09/2024 dining policy. The permitting process, departmental review structure, enforcement considerations, and how best to support local businesses while ensuring regulatory compliance were discussed. Town Manager Lemieux reported that additional departments are being transitioned to the Town’s OpenGov platform, which improves internal permit tracking, comments, and interdepartmental review workflow. She stated that OpenGov expansion is ongoing and will support long-term process improvements. Board members agreed the policy should remain simple, clear, enforceable, and business- friendly, while ensuring requirements are met, and alcohol service boundaries remain enforceable. Review of Remaining ARPA Funding and Committed Funds Chair Nuzzolo discussed remaining American Rescue Plan Act (ARPA) funds, previously committed projects, and remaining balances. Members expressed a strong preference to have all ARPA funds fully allocated and under contract as early as reasonably possible, noting the federal requirement that funds be committed by the end of 2024 and the Board’s desire to be conservative and ensure awarded projects move forward. The Board discussed whether remaining funds should primarily support capital projects or whether the Town should again solicit requests from local nonprofits, boards, committees, and community organizations. Several members emphasized the importance of directing funds into the community consistent with ARPA intent, while others noted that capital projects also benefit the entire community and can prevent future tax burdens. Town Manager Lemieux stated that there is approximately $295,000 remaining, with some previously allocated projects still moving through contracting and implementation. She noted that once the Board allocates remaining funds, there will still need to be active monitoring to ensure projects are executed in a timely manner. The Board agreed that solicitation of additional ARPA requests should occur again. The Chair will work with the Town Manager to prepare and distribute outreach communications to departments, boards, committees, and nonprofits, with a submission deadline to be finalized, with discussion generally favoring a deadline not later than August. Amendment to the Budget Task Force Charge Chair Nuzzolo reviewed and discussed an amendment to the Budget Task Force Charge to clarify representation from the School Committee. It was explained that the School Committee appointed an alternate representative due to scheduling concerns of its primary representative. The Board discussed allowing the School Committee and other bodies on the Task Force to designate an optional alternate when needed. Motion by Member Emkey to amend Section 3, Membership and Meetings, of the Budget Task Force Charge to allow for one representative and an optional alternate for the School Committee, Finance Committee, and Select Board. Seconded by Member Alonzo. ===PAGE 8=== Page 8 of 10 Select Board Meeting Minutes 7/09/2024 Call for the vote: Member Alonzo-aye, Member Emkey-aye, Clerk Moore-aye, Chair Nuzzolo-aye, Vice-Chair Jeffreys-aye. The motion passed unanimously (5-0-0). Interim Town Manager Search Chair Nuzzolo discussed the ongoing Interim Town Manager search. The Town Manager described qualities important in an interim, including prior municipal management experience, familiarity with Massachusetts municipal law and operations, the ability to step in immediately and maintain continuity, and the capacity to support departments during the transition period. She noted that many interim candidates in other communities are retired Town Managers or Town Administrators who are able to assume responsibilities quickly. The Board reviewed the process going forward, noting that applications have closed and candidates have been screened for qualifications. Members discussed ranking qualified applicants, identifying finalists, and scheduling interviews. Board members expressed the need to expedite the process due to timing constraints and upcoming schedule conflicts, and discussed the importance of ensuring key Board members are present for interviews. The Board also briefly discussed the need to determine both interim salary expectations and the eventual salary range for the permanent Town Manager position. The Board agreed to submit individual ranking preferences to the Chair so that finalists can be identified and interviews scheduled as soon as practicable. CURRENT BUSINESS Vote on Opting in Kroger Opioid Settlement Chair Nuzzolo stated that Select Board Member Emkey previously questioned whether Massachusetts was included in the Kroger opioid settlement. The Town Manager reported that Town Counsel confirmed that Massachusetts is not included in this particular settlement. Since the settlement does not apply to Massachusetts, there is no action for the Board to take, and no vote is required. Minutes/Warrants/Action Items Minutes The Board reviewed the draft June 18, 2024, meeting minutes. Member Emkey stated there was an error regarding attribution of a motion second and noted a need to review whether additional corrections are necessary. The Board agreed to postpone approval of June for 18 minutes until corrections are confirmed. Warrants The Board reviewed and signed the following warrants: Payroll Warrant in the amount of $26,511.44 ===PAGE 9=== Page 9 of 10 Select Board Meeting Minutes 7/09/2024 Accounts Payable Warrant in the amount of $12,000.00 Accounts Payable Warrant in the amount of $99,936.97 Action Items Member Alonzo noted receipt of an email from a resident objecting to the Pride Flag. The Board acknowledged the correspondence. Vice Chair Jeffreys reported that a local gas station provided purchases in a plastic bag, noting that plastic retail bags are prohibited in Lunenburg. The Town Manager confirmed she had already been notified and that notice was issued to the business, as enforcement responsibility rests with the Town Manager under the bylaw. Committee Reports Member Alonzo reported that the Town Manager Screening Committee is continuing its work and will be meeting again shortly, and that the Capital Planning Committee is also meeting and coordinating with ongoing financial planning efforts. Chair Nuzzolo reported that the Finance Committee Appointing Committee will need to meet to address term corrections for certain members. The Town Moderator, who chairs that body, will coordinate scheduling. Member Alonzo stated that the Finance Committee is scheduled to meet later in the week. Member Emkey stated that the Budget Task Force is also meeting and beginning its work. UPCOMING MEETINGS/EVENTS SCHEDULE Chair Nuzzolo noted that the Board is scheduled to meet on July 16 and July 23. Members Alonzo and Emkey reported that they will be unavailable for the July 23 meeting. The Board briefly discussed the potential impact of absences on scheduling upcoming business, particularly related to the Interim Town Manager process. It was noted that additional meeting dates may need to be considered if necessary to ensure timely interviews and decision-making. PUBLIC COMMENT Town Manager Town Manager Lemieux stated she did not have additional comments at this time. ===PAGE 10=== Page 10 of 10 Select Board Meeting Minutes 7/09/2024 Public Comment Dave Passios, 56 Whiting Street, spoke regarding ARPA funding and the Munis software matter. He encouraged the Board to ensure that the Capital Planning Committee has the opportunity to identify ARPA-eligible infrastructure priorities in a timely manner so that the Board does not lose time waiting for their input. He also questioned why the Town would expend ARPA funds and utilize Town IT support resources to resolve system issues that he believes were caused by the Munis vendor. He expressed concern that the Town appeared to now be paying for work that he felt should be the vendor’s responsibility. Member Alonzo responded that while the concern is understood, the Town has limited leverage, and litigation would be costly and time-consuming. He stated that engaging additional assistance is necessary to ensure critical municipal functions continue and acknowledged that reimbursement from the vendor is unlikely. Board Comment Vice-Chair Jeffreys commented further on upcoming scheduling constraints, noting that absences later in July may require earlier action by the Board to interview Interim Town Manager candidates. Vice-Chair Jeffreys encouraged the Chair to work with absent members to evaluate whether earlier meeting dates may be necessary in order to avoid delays in hiring and to preserve continuity of Town operations. ADJOURNMENT Motion by Member Alonzo to adjourn. Seconded by Clerk Moore. Roll Call V ote: Member Alonzo – aye; Member Emkey – aye; Vice-Chair Jeffreys – aye; Chair Nuzzolo – aye; Clerk Moore - aye. The motion passed unanimously (5-0-0). Meeting adjourned at 9:33 PM. Respectfully Submitted, Rebecca Johnson, 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 July 9, 2024 Seconded by Member Lehtinen. Call for the Vote: Five-aye. Motion Passed unanimously (5-0-0).