##VIDEO ID:cX9Abwe0AOA## today September 24th 6: PM B selectman's meeting May get a roll call please Mo present Jo shank present 1 point2 pledge of allegiance aliance to the flag United States of America for stands one nation God indivisible Li jce I just want to make an announcement if anybody wants to talk on a agenda topic must be recognized by the chair before speaking 1.3 announced that the meeting is being recorded and uploaded on Channel 9 and uploaded to YouTube anybody else recording yes indeed me too okay Chairman's additions and deletions I just want to let everyone know that we do have a revised select board me meeting uh agenda this evening so as we go down it we'll will fill everything in tresa do you have anything no I don't have anything okay perfect all right 1.5 review and approve the minute meetings for 9524 91024 91124 and 92324 you have any questions second any questions I have none okay all right we have no appointments for herens we'll move no appointments of offici official Personnel either we're going get right to uh meeting business votes may be taken 4.1 discuss the laptop for the towns and Senior Center Transportation SL administrator lead van driver I make a motion to approve the purchase of a laptop for the Townsen Senior Center Transportation administrator Le band driver using Senior Center funds second so move any discussion yeah so I I just I understand it's coming out of the senior fund so I guess if they feel it's worth it it's worth it but I need to understand what why they need a laptop what do they have that has to be done on a laptop that uh can't be done on a phone a smartphone Teresa uh so uh the the senior center director um had requested it for you know the the transportation coordinator um to be able to work from home as needed so uh you know this person currently does not have a computer setup to be able to do that remotely so uh this is what that laptop would be for yeah again I don't see why that can't be done with the smartphone but it's their money so I I just wanted to ask the question okay okay motion has been made all in favor yeah T Mo yes shank yes 4.2 discuss the planning board mandatory that again discuss the planning board mandator is somebody trying to speak all right 4.2 discuss the planning board mandatory referral for one Depot Street extension so we have a referral come in from the planning board in regards to the depot Street um I have no concerns I would say that we leave it to the privy of the planning board to be decided I agree with that all right motion I don't think it requires a motion doesn't it just require you uh you to put a comment on the take a vote take a vote on fine good you don't want to votee that's good I'm I'm all right 4.3 discuss the upcoming Board of Selectmen meeting okay I make a motion to cancel the upcoming selectman's meetings of October 1st October 15 and November 12th and to schedule a select board meeting for November 19th when two new select board members will be seated at the November 16th special Town election I'm not going to second that I think we need to hold those meetings even though they can't they can only be informational I think the town needs to be made aware what's going on you do not have a quum and you can't hold the meeting Teresa that's not true you can hold an informational meeting well could we uh discuss at a later date when this informational meeting could be held Adam I don't think we should have the meetings until there's another board seated and I think that's General law you cannot hold a meeting without a quarum and just like everything we're just going to have to throw monkey wrench into whatever we do but go ahead whatever we want to do what's your opinion Adam so there could be a gathering there's nothing that prevents a remaining select person from being available in town hall to meet with residents um nothing that ever prevents a individual select person from meeting with residents that those are the the constituents and uh select Selectmen like any other elected or appointed official can meet with his or her constituents those would not qualify as meetings because they don't meet the definition of a meeting under the open meeting law because they don't they don't not comprise of a quorum of the board there can be no Quorum of a of a three- member board with only one seated member and that's why I made the motion to not hold upcoming select board meetings so what would you like to do Teresa like I said we got a lot going on I like to keep those on the agenda as informational Mee what of this don't you understand we cannot legally hold it a select board meeting if you want to come into town hall and you want to talk to your people go right ahead but you can't have a schedule select ma don't quite understand what that you don't understand so councelor what happens if she's going to just not vote we just we can't have them anyway correct I I I I don't even know necessarily that the motion is necessary because when those dates roll around you're not going to have a quorum of the select board and there will be no ability to hold a quote unquote meeting as that term is defined by the open meeting law you got that so that's I mean it sort of is may want you to have a meeting you can't have it because you violate the open meeting law all right so to be clear it wouldn't be a violation of the open meeting law it just wouldn't be a meeting just wouldn't be a meeting you can't post it as select select select woman Morris may show up and the Town Administrator may be here and I suppose I could even be asked to be here but we're going to be sitting around at a gathering of individuals that is not a meeting under the open meeting law because there will not be a quorum of a public body present all right so I guess that just Falls we're good all right um if you have if you don't have a quum of the board can you still post a meeting even though you're not going to have a quorum for six weeks how could you post the meeting of the selectman if you don't have a quum you can't you okay that was my question okay so in other words tcam is not going to be present giving you a zoom link to a meeting that really can't be held so I I I want to distinguish between the ability the ability to have a meeting as all of us may think of a meeting just you know look look up the definition of meeting in the dictionary what's a meeting it's a gathering of individuals right so those meetings can always occur certain certain types of meetings are given the definition legal definition of meeting under the open meeting law and Trigger mandatory requirements like a 48 hour posting as well as some informal standards that have been applied in municipalities like tcam recording those meetings and and and posting and and Publishing and making those available any Gathering of a single select person on a three- member board would not be a meeting under the open meeting law so it wouldn't require the open meeting law postings it no action could be taken by the one member of the board because that one member doesn't constitute a quorum um but that wouldn't prevent that one member from meeting with one or many constituents it just no action could be taken by that one member because she individually wouldn't have the authority of the board because she doesn't represent the Quorum of the board all right sure just want to make it clear so we have information coming out regarding um the hold a selectman's meeting but I can use those dates to invite the public to get some more information regarding energy aggregation correct no can so so you could you could meet with residents to discuss energy aggregation that would not be a posted meeting under the open meeting law of your board right okay thank you very much depends if they're available okay all right number four 4.4 discuss the energy aggregation bid results Nelson I'll leave that to you uh so we did Teresa and I did um attend a bid opening this afternoon and the bid results were very promising and in fact it was below what we were all expecting as a group um so we did sign the contract um very good you know uh with you know our our we we met our numbers that we you know had discussed earlier in executive session so now the uh Energy company um will be um putting pushing out a informational camp campaign over the next several weeks um include uh mailers flyers emails um informational sessions you know to explain what the energy aggregation um program is all about there's also a opt out period for anyone that might not be interested in um you know the program that the the town has um signed up for um but all that information is going to be um forthcoming in in in the next few weeks um and we're hoping to start um the new program in December okay and there will be a period of time that people will be able to opt out if they want to correct yep and and that will be all posted on all our websites and everybody and yep all the information to all the residents that is correct all right everybody except for people that privately pay like people currently now have NE don't necessarily get their energy from unitel so those people are not automatically opt in so there'll be a period where they can opt in there there's an also anybody can opt out uh prior to the start of the program or at any time you can opt out it's not a once you're in you're not contracted to be in for a certain amount of time okay thank you moving on discuss 4.5 discuss the complete Street Grant application I make a motion to Grant Nelson mu signature authority to sign the completed Street Grant application when it has once it has been completed by the grant coordinator at this time they're working on the grant it's not completely done yet but we the board will not be meeting until November this is something that has to be done pretty quick so the motion is made second all in favor yes Jo shank yes okay so you'll be all set when that comes in correct yep thank you CH all right 4.6 discuss the land use coordinators compensation for extra duties for the vacant conservation agent position so I make a motion to provide the land use coordinator compensation equal 5 hours of the approved conservation agent hourly rate retroactive to the beginning of July 2024 per week until the vacant conservation agent has been filled so moved second any discussion hello sir I would like to know and so James Gates conservation chair um myself and the commission would like to know what the town is doing to build this position has been vacant since the end of June it is within it is in our budget um and there's been no discussion with me about it or any other Commissioners okay I'll try to explain the best I can what I know I have asked for that position to be filled but at this time they want to hold off until we can kind of get the budget and everything under control my recommendation was to post for the position and I'm only one person so until the new board is seated and they decide that they want to do something different I can't do much to help you but I do understand and the conservation agent is a very important position in town of Townson that should be filled this is a position that has been vacant since beginning of July essentially um and it's disheartening and disappointing that um it's not being taken more seriously um well you I know you only have two select board members right now but prior to that there was still three and there was still plenty of budged and has been budgeted for years and I didn't set the agendas or anything that was on it but I've had this conversation due diligently with several people once again I feel that should be posted tomorrow and move on I it's an important position in the town of Townson conservation is something that if we don't do it right can get well out of hand in our community I feel for you thank you best answer I can give you so there motion on the floor and seconded Teresa you have anything you want to put into it no all right all in favor Teresa a mo yes Jo shank yes all right 4.7 discuss payroll and accounts payable warrant signature I make a motion to Grant signature authority to Kathy spford to countersign payroll and accounts payable warrants so moved second any discussion so I just want to be clear do we still need two signatures and I need to be one signature and she's the second or does she does hers count for two signatures no you have to sign and she has to sign there has to be two signatures okay thank you very much the Motions made all in favor Mo yes Jo shank yes okay moving right along 4.8 vote on Town Administrator Nelson mu designated signature for the updated agreement for engineer and services by and between the town of towns in Massachusetts and Western Samson engineering Inc so I make a motion to Grant Town Administrator Nelson mu to be the designated signator for updated agreement mov you need to read the whole thing right tresa I need to read the whole thing and then you need to move it okay I'll try this again I make the motion to Grant Town Administrator Nelson M to be the designated signature for updated agreement for Engineering Services by in between the town of towns in Massachusetts and Weston and Samson engineering Inc second all in favor Tesa AOS yes Jo shank yes all right this 4.9 discuss the selman's sick Bank policy okay so I thought someone was going to be here to discuss it I don't know if they're on on the zoom meeting does not look like it oh there's well just in time just in time here I am so have a seat okay so explain to us what you like to discuss and what's going on okay so that's practice of sick time there was recently a decision um that I think needs to be looked at again I've been here for a very long time I have a very long memory about what was and what is so I just wanted to say sick time donation I'm here to ask that the decision that was made to deny this person sick time be looked at again the board of selectman has a SI time donation Pol policy which allows collective bargaining unit members to donate time to employee who's not in the collective bargaining unit I recognize that there are several cbus many unions some of the contracts may say you can't but I don't believe that all of them do um when it comes to donation our past way of doing things was you could take up to three days of your time give it directly to another employee who had no time and the donating party received the value of your work in this way it doesn't cost the town anything um an example of that would be if I'm donating to somebody that makes more money than I do they only get the value of my work so you're not giving away extra money time's been donated between employees regardless of their job title the number of hours benefited not benefited Union not Union it shouldn't matter the whole point is we're here to lift each other up we're not here to beat each other down we are here to support one another now if the documents don't agree with one another then somebody needs to sit down and take a look at it I think it's really important that your Workforce knows that every body is a cog in the wheel and everybody is important enough to be taken care of I don't think that the selectman's policy is invalid here I really don't I'm sure there may be people in the room that would disagree however my understanding is that in a case where the contract is silent it doesn't say you shall not you may not this is prohibited it falls back to the selectman's policy and your policy speaks I don't believe that your policy is defunct and I think you need to look at this and somebody needs to explain to me in the end where does it say this can't be done okay um I've written it for you Joe so that you can kind of look at it the one the one piece of it I did not put in here is that yes the administrator does in the end need to sign off but it has always been a simple procedure you go to the treasurer you say I want to donate this Treasurer looks at it if you have the hours to donate you put it in goes to the administrator he says okay you have the hours the person has no time away we go okay basically that's it I would like it reviewed and if possible overturned all right um as far as this meeting tonight I don't think that you know we I I've heard what you said I have seen that selectman's policy Nelson have you seen that uh I have from 2014 and I don't think at this meeting because if we get into that I think we would have to go into more of an executive session going start talking about Personnel or anybody but the sick bank is something that the town has done done for years cuz I know that when I was on there was people that were out that were donate and several people in the community in in the town gave to that to help so I'm not privy to all the information is what this is all about it has come to my attention and I don't want to mention names because I don't want no names uh but it you did bring it to my attention I said I would listen to you so my suggestion is going to be is I would ask Nelson at a different point talk with Council find out exactly what what stands and what doesn't I think the contract really needs to be looked at your contract because there are several contracts in the town of Townson I've negotiated many of them and uh there is certain words that stand out but that's one thing that we've been trying to work on to get all these contracts all in line so they're the same so we can't pick this one to pick that one but I do understand where you're coming from I would ask that Nelson take and uh review our contract talk with councel and see the right way to move forward I would like to also just drive home I think there's a distinction between direct donation between employees and the sick bank and that is spelled out in a couple of different places and as you said you don't have a lot of time tonight to Hash that out what I'm really looking for is for you to make a pledge that you will re look at this I have just as the chair today come tomorrow they can just throw all that right away and move on but I have asked Nelson to speak with councel and get back to you and hopefully it's going to be the right answer to do the right thing Nelson I will I promise to look at with Adam and you know there's nuances to you know salary you know complet completely understand benefited non-benefited so there's distinctions and I'm not a labor lawyer by any means so I completely understand but again this is keeping me awake at night I think it's really important that you value the people that work here equally and I respectfully ask that somebody explain this to me and let's fix it okay thank you thank you for coming all right 4.10 discuss the municipal Ada Improvement Grant I make a motion to Grant Nelson mu signature authority to sign the Municipal Ada approvement award letter when it comes in so once again we're kind of doing this a little ahead of the time it's not completed it's not here but it will be due while there is not a seated board and I think the Ada Grant is really important to finish it and move forward so I just made that motion so mode second all in favor Teresa a mo yes Jo shank yes okay so 4.1 discuss the election warrant signatures I make a motion to sign the state 4.11 right you do that sign by the session because C's not here yet so we going to sign out a session I think it says that right does that need her signatures no we talked about her either being here for that or uh no that was a different that's for this uh that's a next item that's the next item for okay okay so try again for I make a motion to sign the state election warrant being held on November 5th and the special Town election warrant being held on November 6th 16 16th we have motion made second any discussion all right all in favor Tesa Mo yes Jo shank yes so we'll sign these all after Nelson once we're done make sure everything signed sounds good okay 4.2 we're going to hold off Kathy said she's had something doing she was going to be back here by seven thought we'd be staying well late into the night but I don't think that's going to happen but we're going to move that out if we can uh we can still discuss it with Melissa here and you know Kathy would just sign out a session okay we can do that yep all right perfect so she'll come in and sign it yep all right so 4.2 vote to approve the insurance and details of a loan from the Massachusetts clean water trust loan number dwpc d2424 and sign related inum loan note closing documents so now I make a motion to approve the insurance and detail of loan from the Massachusetts cleanwater trust loan number DW PEC 24-24 and sign related inum loan note closing documents out of session with Kathleen spord as a witness and that's issuance right issuance issuance so moved second any discussion um does anybody have any hi it's Melissa done it does anybody have any questions it's um just additional paperwork that needs to be uh signed uh it's regarding the loan for the water treatment plant um the full amount of that was around 20 million uh we borrowed the money from the state at zero interest um last year all the paperwork was signed then but you can only borrow 15 million per fiscal year so this is just a couple of additional pieces of paperwork uh for the fiscal year 25 the remaining uh 6.1 million uh this is not the entirety of the paperwork that was already done this was a last minute and I thank everyone for for doing this uh last minute uh paperwork sent to us uh requested by the state from our bond on Council um and it's six pieces of paper three signature um with three three documents um that need to be signed and signed in front of Kathy a quorum uh from the board of Selectmen is needed and that's why we put it on the agenda tonight uh the consequences of not doing it tonight are um that the vendors that have already done services for the water treatment plant since July first uh will get paid later than normal um it'll hold them off so respectfully requesting that uh this additional paperwork be signed um as soon as possible before Joe goes so Melissa thank so I think we had a discussion a little bit earlier I don't think Adam has reviewed any of these changes that correct uh that is correct oh so I've not reviewed them but my understanding and Melissa can cor correct me if I'm wrong my understanding is that the these the paperwork we're speaking of was provided to you by your bond Council right so I haven't reviewed it personally but your bond Council presumably has reviewed it because it's my understanding that they're the ones that sent it to you all right do you feel confident that we just signed this because they're working on our behalf anyway I think that they are correct all right so the motion has been made seconded all in favor TR Mo yes shank yes okay may I say one thing I just want to say thank you hi I just want to say thank you Joe for everything and good luck with your future endeavors and I know this is your last night and I just wanted to say thank you and good luck and I enjoyed working with you that's it thank you very much that meant a lot thank you okay Joe thank you thank you thank you Melissa thank you thank you all right 4.13 discuss the zba mandatory referral for 324 Main Street we have normally left so we leave it to the privy of the planning board to discuss but so this is a little different because this says them zoning board of appeals and that says planning board it's zoning board of appeals zoning board so zoning board of appeals so I I just think I have no comment I think the board has generally taken the stance to leave it to the board or the committee that's involved I agree all right so no vote needed on that we just move on 4.14 discuss the letter of support for the tasa Grant application I know you're over there now I make a motion to have Nelson MW Town Administrator sign a letter of support for the taser Grant application out of sess out of session once Town Council has reviewed the current Tesa lease agreement so moved set not so I have some additional information that might be helpful so I've had an opportunity we only got this a couple of hours ago I've had an opportunity to review the Tesa lease agreement which we had reviewed about a year ago when it was signed uh so it does include a provision that says that the tenant so that's the the organization May apply for permits to improve and develop the premises at its sole cost and expense in the area of the premises specified by the board of Selectmen in conjunction with nhp which is the National Heritage and endangered species program in accordance with any development plan approved by the board of Selectmen and it goes on to talk about that process so there is a process that exists within the present lease that would allow them to further develop the premises to add for example an additional field but they would need to work in conjunction with the board of selectman and the NSP to provide a plan and get approval of that plan before they engage in the improvements okay um I can speak on that okay go ahead M gate so we're we're in the process of starting those that permitting process with the town and the state um the grant window for this grant opportunity closes October first um so we're trying to get letters to um complete the application but we have uh retained Dillis Roy for Engineering Services to do the pering process on our so we are in the proc of getting everything together to I think we could maybe revise this to make a motion Nelson Don administrator signed a letter of support for the tasa Grant application out of the session once they've completed their grant paperwork and submitted to paperwork subject to Future approval of a development plan by the board of Selectmen you want to reserve your Authority if you're issuing a letter of support that's fine yeah but you want to reserve your Authority Under the lease agreement to later approve the development plan you don't want your letter of support to be read as car BL for whatever to be done on the property so that's the only thing I would add to the motion subject to approval of the development plan by the board of selectman in the future and will'll add to it subject to the approval of the plan by the board of selectman in the future so moved okay all in favor Teresa Mo yes go shank yes we're good move on thank you all right moving on uh 50 Opera projects we're not going to have any of them tonight go to 5.1 the Town Administrator update and reports I don't think you have a lot but um I I don't have anything you don't have nothing wow Kathy's going to be surprised she going to come here going nobody here okay we're going to go to announcements and Communications I don't have anything okay good all right Amman Joe shank's resignation letter okay I submitted my a letter of resignation almost a week ago to the town and I've also wanted to read into the record a formal resignation letter so everybody in the community is going to understand just where our community stands I would like to read into the record that I'm resigning my duties as selectman to the town of Townsen at the end of this meeting I want everyone to know that I have put 150% into this community to do what I felt was right and would make towns in a better Community however there has been so many disrespectful and ungrateful people in this community who despite remaining uneducated on the laws and financial realities our community has had to face have had no problem attacking me or others on social media in person and through other channels I feel I can no longer do the right thing for the community under these circumstances when I began my first term as selectman I believe there were anywhere from 5 to seven lawsuits against the town of Townsen as it stands right now there are zero lawsuits and the taxpayers have paid not one penny of any of this some of us on the board have worked very hard to protect the town and being a selectman requires numerous hours some weeks well over 20 hours per week of volunteer time reading information collaborating with the TA attending meetings and responding to Town's people this is time to took away from my business my personal life and my family obviously there always will be a difference of opinion and I do not expect everyone to agree with every decision I have made but the constant criticism complaining and false accusations made of the community by members of the community many of whom don't bother to watch or attend a meeting or offer any productive Solutions has made serving this position not worth it for me or my family I have always tried to do what I felt was best for the town for Townsen and the community Community as whole now is time for others to step up if they think they can do a better job all I can say is God bless the community and good luck to everyone when you go to the ballot boxes I guess you can vote for a convicted felons maybe that's the type of person this community wants and that they think will do a better job however I believe our community will go down in flames with those kind of people in office but if that's what the community wants then that's what the community will get people wonder why no one runs for political office in this town they wonder why no one pulls papers or why there are so many blank spots on the ballots that get filled if we're lucky by writing candidates well as an elected official I can tell you that it's because of the constant criticism by those who do nothing on behalf of the the town but show up on social media attack despite not taking the time to get at least bit educated on topics so to those people say put up or shut up run for office volunteer for a committee to help this community improve dedicate the time like I and so many others on behalf of Townsen if you can do a better job the job is yours for the taken to those who have taken the position on boards I thank you for continuing to try to help our community and I wish you all good luck moving forward so I hope everyone out there notices that thank you okay 5.4 next meeting will be Tuesday November 19th after the special election 5.5 review and sign payroll bills and warrants out of session do I have a motion I make a motion that we review and sign payroll warrant out of session second all in favor T am Mo yes Joe shank yes now let me ask you a question do we need Kathy to sign be here to sign this before we adour this meeting uh no we can do it after after session after correct all right do I have a motion to adjourn the meeting I make a motion to adjourn the meeting at 6:47 p.m. second meeting adjourned