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These meeting notes are AI-generated and unofficial. They are provided for convenience and are not official Town records or approved municipal minutes. Verify all details using the source video and official Town documents.
The Hardwick Board of Selectmen convened to address a range of municipal issues, including setting a tax classification hearing, approving a sewer abatement, and scheduling a special state election. Significant discussion revolved around the Wheelwright WPCF Upgrades Project, specifically the omission of a critical pump station due to budget constraints, prompting a search for alternative funding. The meeting also featured public comments regarding unposted meeting minutes and perceived conflicts of interest related to a potential Casella Landfill proposal. The Board of Health reiterated its request for legal counsel to navigate the landfill proposal, leading to extensive debate on proactive legal engagement and the roles of elected officials, ultimately deciding to proceed with engaging legal counsel for this matter.
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Blackman at 6:30 p.m. uh order of business pledge allegiance to the flag of the United States of America to theic for it stands Nation
Indivisible and justice for all no it's not the hearing you're just sending the DAT yeah I did send you the public
Hearing notice but that's just so iter into the packet so set the date for November 13th there's comments I just we'll go through some of this I'm just going to jump around a little bit sure yeah um I would make a
Motion to set the tax classification hearing date for November 13th at 6:30 p.m. I'll second it hi Scott
Please well the biggest thing is that we have the new pump station uh being started so they dug out the ledge to put the wet well in and I think after today they're done until the wet well gets delivered everything went pretty well with the tie-in and
Everything it seem like they're pretty good contractors so I have no negative things to say anything we did have an order complaint from the uh Force man down in Gilbertville so we did turn up the order control
Chemical we had a couple uh sewer calls that ended up being on person personal property so uh it's up to the residents to handle those unfortunately for
Them pretty much all I have any questions no good everybody okay from the little incident yes we will not be using chainsaws in this
Department anymore thank you sir uh se bement you have one in your packet um this is a gentleman on the
Sewer system obviously we've been charging two adus and he's got one I was I wondered cuz it was a single address but seemed H I was like what's going on okay so um you know I think that we should just Abate the one
That they've been uh charged M this the one and they'll just be paying one from now on so it got so we've rectified how to make it go forward yes we can the assessors have um have done the um site visit to make sure that it is a single
Family home so we'll be able change in the system but they've been charged for two so I just want to update the last two they've been charged for four so to give them two back and they'll just be charged for two so you're baiting 22 63
93 yeah that's half of the sewer and then we can ourselves get rid of the interest in the demands okay all right so it's just this amount the 2263 yes and that's what I have here on this sheet okay yep I didn't mean a bait on on this little you know it's it's what Jessica's able
To take out of the system without doing an actual abatement so they're going toate it for now and then next year from now on they'll just be having one yes y so do I move that we accept the correction or we're not abating it well
We are we have to Abate this one okay I Mo that we uh we vote to uh agree with this aate 2263 and 93 c i second thought Mo second any any more three you don't all those in favor I
I so move okay sign the warrant y special election paper
We don't need to V on I I would just offici make a motion to hold the special state election 7:00 a.m. 8:00 p.m. har Elementary School 76 School House Drive I would make a motion as noted
Brian second no reason to say all that over again all right any further discussion oh I I other new business okay I just want to make sure
This okay all those in favor I all right okay um the harck ne brain tree cultural Council came in and they have voted to bring jacin Cole Gard onto
The board and uh so it's just uh a recommended from the cultural Council that Jacqueline Cole G is appointed to the cultural Council thank you you could do a one two or three year appointment if you so choose this is what I got from them okay
So do we want to do I I'll make the motion do they prefer one two or three or does it no they didn't say anything so well the I make a motion to approve the um recommendation from the hard new
Brain Tre cultural Council to appoint Jacqueline P GED to their board for a one-year term second it perfect mov seconding all those in favor I I and then I have one more thing um I just if you guys are voting to put the
Tax classification hearing should you be voting for we have an all alcohol liquor license but I to put it in the paper we're going to have it on November 13th do you have to vote to have it on November 13th or it just comes in front of you the public hear posted it come in front of us okay
Yeah that can just be on our agenda very good you guys have anything else for other new business NOP Kelly I'm good uh you just well you seem to
Skipped the visitor comments section number three on the agenda oh I'm sorry just wanted to make sure okay meeting minute approvals uh September 25th
2023 you guys reded them yeah I would make a motion to accept the meeting minutes from September 2 2023 second it any discussion those in favor all
Right lot of a double copy old business request for proposal to discuss on your s okay
The oversight to the Sewer right we talked about that last time when you weren't when you were um not feeling that we probably should have a working meeting for that like schedule that as a working meeting to go
Through whatever is convenient for you guys me kind of it might need to be its own meeting rather than take up an hour of our regular meeting you know yeah I can we can each you brought one in I can bring in a couple yeah kick it around
Kind of go through and highlight what is good with whatever you know right and kind of piece it together do an E well evening is going to be best for you guys right and I mean at that rate could we do we could even do Zoom if it's just for that be easier
Good the sixth you don't have a meeting next Monday yeah I could do that what time are we closing what that's up to
You we do seven if we're going to do Z that's fine you can do seven good okay I'll just rate working session
No they signed it somewhere yeah no I I have it going to keep it if you need that we said seven 116 yep okay all right there bim's
Disclosures two special employee positions for select and Emergency Management director do you want you want me to explain I'm supposed to leave the room now you want to explain it you're supposed to leave the room to explain explain why yeah I can explain the whole
Thing I did last time I took ethics training um and this year they had a new wrinkle and because I get paid $2,200 to be the Emergency Management director
And I think $1,600 to be a selectman uh and one a supervisory I can't get paid for both of them unless I file a disclosure uh which I've done and with Ryan but the next thing is the selectman have to vote to accept my
Disclosure so that's my explanation I was told to leave the room discuss and vote on then your rules put your hands over your ears or
Something I have absolutely no issues with this he's been the emergency director for a long time he does a great and yeah I have I have absolutely no issues with this whatsoever I'm with you you want me to make a motion to um I would make a motion to accept
His disclosure as stated and I guess it says down here approve the exemption second that second any more discussion on it was in favor
Hi should I go get it yes please thank you really felt bad making can you sign and we have
No of course it's approved thank you any of those business oh darn it I have something in
New business darn other new business all right let's go back to that before you organize um the bids were opened and you want to take this down the memo was sent from PPC I orted it to you um that the
Low bidder is waterline Industries in the AM of 7344 677 contingent of course usca has to approve this um but I need your approval uh that they are recommending that we conditionally award project 2A
Wheel R wpcf upgrades project to waterline Industries Corporation for the total bid and the amount of 7344 677 contingent upon USD and town approvals so's going with one alternative the one
Alternative alternative one Scott do you want to add anything please I I can't believe the prices but no they're both reputable companies yeah
I would agree with that and I actually I mentioned to Nicole before the weekend when you know we weren't you know I think we all worried that the delay would cause this to happen Co caused this to happen it had nothing to do with the
Delay because even if we were doing this a year ago these prices may actually be higher cuz we're starting to see things go down it's just so unfortunate that we have to lose all these optional things so we're not even going to get a new pump station and wheel rate it's beyond its
L so this took the pump station out of wheel R this removed the pump station option from Wheel r No it there was a what's the word I'm looking for there was five potential add-ons at the right and I think the pump station was number five
So that won't be done under this grant the pump station will still be active and it will still be falling apart I mean that's something that we could always look at is that right though that five is it 5 a or was it
5B I don't i' have to go back back through emails can I can I recommend that we have a meeting on Thursday can we try to look into the ultimate final 5A 5B cuz it's $200,000 that sound right for the pump
Station y we'd have to go back to USDA but it he is correct that pump station is the one thing that we probably spend probably 15 to $20,000 a years all the time it's 50 years old and i' I've seen
Him 20 years younger just Lo so what's alternative one remind me I don't remember that either do you remember I know I it's been so long no it's it's been a long time yeah and there's been a lot of other things going on so the pump station didn't get replaced back no no
Last time around no it's from 1973 and it's an air ejection station which became obsolete in the80s you know that's why you lose retained earnings too for things like this do you have that Thursday meeting the special time meeting no yeah
But earlier in the day have that makes sense I think think you I don't I do yep no I jump on maybe you guys get some more insight and to see yeah to to see I mean and can we ask USDA can we use
Retain earnings to add something back in can we do that I mean if that's that serious of an issue then then we need to have that conversation with them to make sure that they're okay with it that's a good idea I mean you have them and that's exactly what they should be used for exactly uh tied to
It we have to yeah we have to move forward regardless but let's see what we can do to be creative to get that back on on the list okay you know I I I agree you know we do have to keep moving forward yeah we need to move forward but I think if it is a pretty yeah soft spot
In the system so it needs to get repaired and you know look at the other things too Scott and just double check that there isn't something else that's you know equally important for cuz I can't remember what these I remember some minor like a roof beinged the roof leaks I mean we could probably
Have someone come in and do it a lot less than these contracts going to go for right someone local yeah do you want a motion that kind of says all that we just wait for a motion on Thursday you want to do that oh U special at the special time
Meeting I can add it so is is it okay to wait for that okay oh well we have 30 days okay okay so perfect 30 so we have until November 26 honestly or something like that okay okay I hate to push it off that's it's question
Yeah all right the organiz ation I really would like to not be chair so fair enough you've had your you've had your film I just don't have time to
Be involved this I need to be more involved and I want have time be more involved that's understandable that's definitely understandable so I nominate Kelly I am I am going to decline that
Nomination I appreciate it and I know it's probably in in order or in you know what is typically done but I have other things going on in my world right now that I'm not going to I'm always here I'm not you know happy to help whatever I can but I think if
You're willing to do that Eric if you does stick yeah you you may have the time to do that right well then I would nominate Eric as chair a second that yes any discussion I'm going to
Obain those in favor I I all right meeting is yours my oh really see how well that works should we go through the other um Vice chair and and clerk uh I just to tidy up I nominate
Kelly well you are a vice I am so I'm I'm happy to stay there all right and then happy to be M no you're CL you're going to be clerk okay good that all right perfect okay
So we I think we have visitor comments that Pati please sir thank you my name is Jeffrey Smith I live on upper Church Street I uh want some printouts for each of you what I have is a
Table that describes the current state of the meeting minutes and some questions that I have for you I was ignored in my last set of questions when I came last meeting um it concerns me about the state of the meeting minutes for this
Board only two of the last seven meetings since the improper July 18th meeting have minutes posted on the town website it's been 104 days since July 18th minutes were approved at the August 28th meeting which was 63 days ago the town has 45 days by law to approve
Meeting or to get them posted um of the 25 completed Board of Select meetings this year so far minutes haven't been posted for 16 meetings 11 are more than 100 days old three of those are 200 days old eight are still waiting awaiting approval
Assuming they'll be done at all these questions are with regards to the conflicts of interest with the board in the July 18th meeting and all of the votes that have taken place with the cassella landfill like why is the draft
Agreement up on the website why is presentation on the website why wasn't the meeting stopped because two members had conflicts of interest that they declared themselves so I was hoping these questions could be addressed in the
Meeting tonight well I can address the me minute please they're up they're there put Julie says they're up Sandy says they're up I'm on the website just before this meeting tonight I've
Watching May they're on my they're up I am exactly on my town I'm looking at the the the link from the website to my town did you hit refresh cuz sometimes that refresh yes 200 days there's it's in the table right there it's right from the
Website that's exactly what's on there as of they're all done and they're all approved they just approved September 25th so sending in sending in requests for them and I'm waiting and waiting Wednesday is the 10th day and that's when I will replying but it's 60 some days since they were approved why does
It take why does it take so long to get these meeting minutes um there there's got to be something with our Web Master and with my Administrative Assistant must have some sort of miscommunication because as far as we are all concerned the meeting minutes are done and they're up I ask are the meeting minutes up yes
They are okay so and I we know they're done um she's caught up to September 25th so we're not you know they're there they're somewhere when the minutes are done to wait until the very last of the 10 days before you give them to someone then
Absolutely not your public records request was sent to me and I have until Wednesday to get back to you and it's very quick response but I have a lot of things going on so I have a tick file waiting to respond to you on Wednesday I'll make another request for the missing meeting minutes that are not on
The they are there that's my answer is going to they are not that is my um I'll uh from my great power now I will uh look into this and we'll make it right thank you good thank you thanks
For pointing it out the conflicts of interest if you have any specific questions let's get them out in the July 18th meeting we said that you had conflicts of interest you have filed a form the day after the meeting how is it
On the day before the meeting you didn't know of these conflict are you making I'd like to know what you um what you're getting at what are you getting at there's no conflict of interest form from Mr rugles even though in multiple meetings he said he has one I believe he stated he may have one
Well then there's at least the appearance now right shouldn't it require a form you I'll fill out a form I'll submit it I I don't necessarily have to but I don't understand why don't you have to because I don't technically have any according to the ethics I have no
Finan you contacted State ethics I have no Financial ties to roach or cassella that's that's how ethics works if you have any Financial ties I can be good friends with them I can know somebody that is not an ethical conflict
But You' had at least three meetings where you brought up these conflicts right cuz I was looking into it because to me it's not just it's a moral conflict and an ethical conflict so I am going to stand down from voting on this stuff because I have close ties to the roach family and stuff
Like that and I don't think this town will accept that as a non-ethical even though according to legally it's not an ethical problem I don't believe anybody in this room that's against what they're asking for would
Consider that a real like me being good friends with them working for them for years working for both companies that one that worked with the seller for years do you consider that an ethical violation I'm concerned because I've seen what and heard what you've said in
Your meeting where you say we not and then it's as though it's just evaporates take a step back I know it's everybody is on edge about this thing at this point they have not applied for anything they have given us a host Community agreement I will a draft of a
Host Community agreement they have had a presentation there has been no votes on anything there were votes on both of those things well if I may we voted to accept their presentation that's all it's still a vote what what at what point do you decide what not important enough that
You can break the law never this how would you have hand excuse me how would you have handled that would we should we have just stayed mute have you have you filed an opinion with the state ethics commission excuse me have any I'm sorry should we have not put the draft post
Community agreement out before the public shouldn't it should have been sheld entirely uh oh that's I'm we have to make we have to make these decisions no you do not it was not an emergency at all you're way ahead of me on all the rules and rigs I'm sorry sir um I don't know how can
That be don't you read the Massachusetts handbook for Selectmen aren't you supposed to have certifications from State ethics we're volunteers that's the excuse that's the excuse that you can break the law where how do we what what did we break for the town what rules regulations have we caus
But you could follow the handbook and and get the an opinion from the state ethics commission we're waiting to see what's next we don't we don't know which there's no but there's already been series of steps why are you waiting there are no steps draft host Community agreement which was probably a
Memorandum of understanding it's a draft toast Community but you looked up on the page and we're seeing memorandum of post your memorandum of understanding and that's what confused you why was it a mistake because I had written memorandum of agreement above it for cmrpc for the regional planning agency so I made a
Mistake and wrote that below I mean sorry I'm human once in a while I make a mistake but all these mistakes seem to fall in his favor of this way and again what are you implying I mean just asking why these things aren't being handled above board with the Massachusetts handbook my S I'd be happy to swear to
Being incompetent and lazy and Goofy is there anything else I'm done thank you yeah okay thanks for bringing this up I'll look at all these and we'll get back to you thank you very
Much yes sir thank you just on the subject of the minutes I just wanted to point out one thing I I think I saw it might explain some of the confusion perhaps is that you don't have to speak for the select board sir thank you if that's what you're getting ready to do no let's just okay fine carry on I was
Going to say on the website the minutes for the select board are posted a little differently than for other commissions and Boards they're attached to separate documents which perhaps you didn't see and most of them not all of them have been there but they're just posted a
Little differently they're not in the normal place on might. go where it says minutes attached minutes available and you click there and you see the minutes in this case it's a separate document but on the same page and I'd suggest perhaps if you look there and see whether some of the gaps are not present
Maybe we can come in tomorrow maybe you can come in and help me and we'll clear this up if I may interject it probably just sayand he's just putting them in the wrong location is's more than likely all that it is Sandy gives them to Julie maybe it was set up differently for select board for the selectman when
It was set up she just gives them to Julie and Julie puts them up okay all right we'll double check all this the idea was to be as transparent as possible it's the idea what's your learn thank you yes ma'am
I don't know if this is for public comment since we aren't on the agenda can you put the hammer down well I I called a meeting of the Board of Health will come to order because there's two of us here uh you're
Not posted so I can't talk to you as the Board of Health when there's another board member present so we had discussed in the last select board meeting meeting having K asking the Board of Health asked to have
Time with KP law our lawyer and um to get basic advice on what we should be doing as a board of health and how how it would come down if they indeed submit um or if they have
Submitted it's equivocal um whether it's submitted or it's going to be submitted but we still have as the Board of Health need to know how to proceed so um we are reiterating our Board of Health request
To meet with KP law because the board feels I hope the board are you sir the board yes we need time and to study the possible Health
Ramifications an objective long-term amount of time to study uh the health effects of having a solid waste landfill in hard workare and if I could address this if I can just jump in here if you would give us some of the the
Questions that you want answer well I think that um then we our our CI our phys advisers would be able to do that we are volunteers just like you and so we want to be ready if indeed we are
Called upon to rule um on the side assignment or whatever I thought we agreed to this at our last meeting ER yeah you did we we we just a blank check to Conta I that you're going to have a joint meeting right so but that's been denied
So it wasn't denied um if I may who it was approved the ne I said to Judy I'm meeting with KP LW if you want to come and meet with me and ask them some questions so she asked questions and you know about the process and what what happens with it and it was attorney Jeff
Lake yep and he sort of went over the process and that the Board of Health will have to give a site assignment in the event they apply but also very much reiterated first and foremost as a board you you don't just
And I I'm simply stating what the attorney say right what did he kept keep saying to you don't just go down this road that's going to to be negative to the project if you're going to go down a road that's negative to the project then you also need to go down a road that's positive for the project
So as the board to automatically and already go against the project is not it was advised against and he also advised us against taking any action until the applicant applies for something so I
Think paraphrasing uh conversations that I either can't remember or don't retain and I'm not I don't think it went that way and besides it's not my position even as chair of the Board of Health to tell the uh board and the
Physicians advisory panel uh what was said in the conversation that suddenly came okay so let's have let's have a a a joint meeting like we talked about yes and then my my concern is that we're running up legal fees to beat the band okay so it's not a lot of money
Everywhere but I'd like to try to it's clear to me please it's clear to me that if you I think what Nicole is saying that if you take a negative position if you use the Board of Health to squash
Cella's ideas it puts the town at risk for lawsuits because you are an elected official okay so what I want to do is approach KP law which is very expensive with clear questions that you have and
I'm now I now it's me and I have to make sure I'm happy with that so we need to have a meeting where we can talk about this and I'm happy to talk with the Physicians I know them very well I think I'm not off base here no I want I we
Want the select board and the Town's lawyer to talk to the Board of Health on mass yeah it doesn't NE for the benefit of all the citizens who are up in arms putting signs out pressuring the Board
Of Health to do something pressuring I don't know who else because I some Selectmen too yeah so this is not helpful for the people of Hardwick to be engaged at this level of stress at this time and and if we can
Come to a determination with our lawyers of the procedural methods we don't even know if that draft agreement that is advertising cassella on the website our town website is even a proposal or not
It's out there it's out there in the public the minute they come on they can see the banner which is a headline it's a sound bite that I'm not going to even repeat and you're way off
Board of Health perview right here aren't you I mean well perhaps I'm speaking as a citizen okay so but change I'm also speaking as a person who has a history of making advertising and I understand the money
That has been spent to produce that production that we are showing again and again to anybody in town who is curious about what it says and we have no countering the Board of Health has no
Countering evidence and we would like to gather that evidence and be prepared for when legally and procedurally these come to us to rule on okay what do you propose for the next
Step well I just hope we try to have this meeting that we proposed the last time okay let's find a time when that's or or even if the lawyer will come to the Board of Health I think that's a good idea and and and the selectman where we have a joint meeting yeah well
That was added in and we offer to pay for it yeah I think it's a good idea to to meet the Board of Health with the select board and we did last time let's do it let's do it ourselves and then if we have a list of particulars we'll go to the lawyer and we'll either bring
Them in or we'll talk to them on the screen but there may not be an understanding amongst the group here of what the role of the Board of Health versus the select board so so I think having a legal rendering is very important even just an hour of of their
Time to to clarify what the role of the Board of Health in this unless somebody here can explain what the role of the Board of Health in the site assignment is I think you should have legal counsel okay I think I think the end one of the tasks of the selectman is to the select
Board is to pay the bill so that that's where I want to also worry about yeah Ernie do you have any comments not this time I was I was under the impression that that was this meeting that's all yeah that's what I
Was under the impression not that the Lord would be here but that we were here to talk about so yeah the lawyer was also going to be here who said Jeff Blake who's he he is the one he's an exper of an initial conversation he the
Lawyer he said he'd be here no we together planned to meet with him here tonight okay well it's news to me so that's all right he said on the phone that he strongly suggests that we wait until something is applied for
However as the boards you can make your own decisions on on what we don't want to wait wait wait let say we got her finish the board what board the board of any any elected board de of what on on where on how you want to proceed if you feel that strongly then you know I'm sure I everything's
Hypothetical but I'm sure the attorney would answer questions um and he he just advised the role of the Board of Health is not hypothetical no but there's so site assignment he said yes the board will issue a site assignment the board has to and so does the state
And how do you prepare how does the Board of Health prepare for that to be objective it's definitely has to be objective it's not Freer decision you have to have engineering you have to have have an application the HCA qualifies to I think opens the door to anticipation of
Potential health effects health and safety effects there's plenty of data particular to this site that's already on the record I've been through boxes of it yep so so to say that that it's not a threat at this time I didn't say that okay so the I I think the Board of
Health can act Judy whoever is next on the board of health is going to have to have that information and be in in preparation it's it's a job to take seriously health and safety is a very very critical role so I think having legal counsel well in advance
Preemptively is very important and the the Physicians of Advisory Group recommends to the Board of Health that you get legal counsel right I mean that's so the legal council is going to say that you have to you have to get assignment you have to get ass the the role of the Board of Health
Is to give a site assignment and it you don't know that there's other said that that's not the only role we want to hear it from we want to hear from from we don't yeah all the rest is hear said coming from you no no offens or any Duty was there so okay but no no what I'm saying is that the other roles can I
Just finish the the other roles needs to come from legal council as to what the you'd like to be recognized all right are you no I'm just saying I'm saying that Legal C legal council's important a necessary component to to to guiding the Board of
Health going forward and I know Rob but I have one excuse me please okay go ahead hey you guys want to pay for this we will if we have no individually how much for hour you you are speaking she is a Board of Health member she cannot do that yeah are you
As the this physician advisor willing to so you're asking me to pay for legal counsel for the Board of Health well you're asking you just said you would so I'm asking no make make your statement yes are you willing to pay for the TX individually as a
Taxpayer or as an individual it's not a real question weird not Sor so that's confrontational Rob weird my my problem here is this is anybody can go pay for legal advice all right we are like 40t in front of what
You guys and he asked this earlier why we didn't do all this work ahead of time ahead of the meeting and I I just want to explain this like ahead of those meetings we don't know what's going to be asked we really don't we don't know what's going to truly be proposed we don't know what's going to be asked we
Don't know what's actually coming forward yet for what they're going to want to to zone change and all that and I understand there's some stuff in but they have not presented to the town and to the planning board they haven't applied for anything and I I know everybody's going
To tell me well it's it's coming I understand it's coming but our legal cost just for one meeting that these people keep complaining that we did wrong was nearly $1,500 for us to just get legal advice because 5,000 so we're building all
These legal bills and and I all I can say is people is there are ways like the planning board has a way that they do things it's already set we have bylaws and stuff if you want to know how things are going to set forward Mr Smith spent a bunch of time going
Through legal stuff telling us how we were doing our job WR you know there the information is out there until these guys apply I don't really if you want to create a list of questions I'm more than happy to sit down on the board of health and have a list of questions when they apply and then go to legal and say okay
They've applied they're moving forward for certain they may they may walk out the door right now I mean you drive through this town There's no signs everywhere to stop the landfill they may turn around and say you know what it's not worth the fight and meanwhile this town has spent maybe $10,000 on legal
Fees that we might not have to so I I I I do agree with you guys that this is maybe something we need to talk about but I mean that's just my personal thing okay so um we're going to go to rert Rules of Order okay uh means that if you
Want to speak the chair will recognize you if you do if you speak to the same subject for more than two different times probably if there's time we go on but this back and forth stuff it's not can't do it
Okay yes ma'am just very very quick so the Board of Health is part of the town so do they have I mean doesn't the Board of Health like the board of selectman have access to illegal Council for an hour I'm not quite done say so if there are a specific set of questions that
Everybody agrees on and it's an hour and yes I have a billion lawyers myself they're 700 bucks an hour they're ridiculous I get it but there are certain questions I think do need to be cleared up regardless of if we don't have this or not once they put that paper down you know the clock starts
That's not the time to start engaging and figuring out what your next steps are going to be why don't you allow the Board of Health to have this hour meet with these guys get these questions done get it give them some level set so they know their next steps cella's Rich they're brutal
We all know it so if they want to take that next step they know the clock is running they know they're going to put the Board of Health and they're going to be at Advantage so why don't we figure out a way to get those questions done pay the 700 bucks make it an hour so we all have the right
Questions get the answers and make sure our Board of Health of our town has that opportunity and I'm done we just agree to this what didn't we just agree to just that yeah um well we're just we just well we got a little push back Kelly in the middle there
Please uh traditionally it goes through the selectman because they sign the checks yeah I understand that's why I'm asking my concern is that we don't get into a fishing Expedition or that we get into going on you know and starting to wave banners using our elected boards
That's what I'm thinking about so we can take hours to do this but personally I'd like to see a list of questions some kind of an outline well that's easy okay well fine then let's do it that way and
As soon as you get that to me we'll make a meeting okay no I'd rather see a meeting scheduled okay and that gives me a deadline I want to add that um after the phone conversation I learned that Jeff
Blake our lawyer was presenting to the wear Board of Health on the assignment of or approval of um that recycling center across from Janine down there and
So I went to that Board of Health meeting and watched that board uh a 3 four five member board dialoguing with the lawyer and and the um company
Lawyer and revising each of the statements under the agreement and a lot of things came to light like one is that you can't have um a landfill in a public park or
Privately fishing Wildlife you know and all all kinds of ideas about how to to write an agreement that both parties will sign with the lawyers present that's how that
Process will work okay but that's not where we are now no negotiation is way I think down the line there's another Point uh I think a lot of this is going through zoning and the planning board commonly would force
The applicant to buy the lawyer's time or the engineer time it's in our bylaws so there it's not a question of money and this is not a question of money in the sense that it it's talking about stuff that's precious to us and very
Valuable and I think everybody in the room agrees to that so so anything else can we limit him to uh 1 hour I think we
Should if he's here if he's here I just soon he get all the questions that we can think of and get the answers and not tie ourselves to an hour I just I personally I want to see where it's where it's headed or what the
Direction is I want to see some questions ahead of time and I'm am serious that if we get into becoming Crusaders using Town Offices we're going to screw ourselves up I don't think we're the least bit headed in that
Direction okay well because of our roles as elected Health officials as elected Town officials and as elected Town officials we have to actually represent everybody in town yeah exactly okay okay I think having I think having him reiterate what he told me on the phone
Is going to be good for the TV so she can watch it forever keep watching it and figure this out thank you what say it again no If he if he comes here and that he's just going to tell exactly I I would like to have a legal pad a yellow legal pad in front of
You so we'll do it we'll talk about how we're going to do it okay thanks thanks anybody else thank you very much could I get a motion to adjourn as long as there's some more things
On the agenda that I don't know if you'll want to get are they very important well I don't know committee reports are there any committees here to report any miscellaneous correspondence no
Town Administrator report I um I was late giving it to you I sent it to you today um but if you if you just want to look it over yourself I put them up on the website and uh if you want me to go through it that'll be fine there um signatures and approvals we've
Done it select board Round Table anybody want to apologize to me n I'm good you're doing a great job I do apologize keep up the good work I'll make a motion to adjourn a second and you know this is the one
Motion that you don't ask for there's no discussion allowed a motion to adjourn cannot be contested at all if it's seconded it goes to a vote all in favor
[00:00:00] Blackman at 6:30 [00:00:02] p.m. uh order of business pledge [00:00:09] allegiance to the flag of the United [00:00:12] States of America to theic for it stands [00:00:17] Nation [00:00:18] indivisible and justice for [00:00:28] all no it's not the hearing you're just [00:00:31] sending the [00:00:32] DAT yeah I did send you the public [00:00:36] hearing notice but that's just so iter [00:00:39] into the [00:00:41] packet so set the date for November [00:00:46] 13th there's [00:00:48] comments I just we'll go through some of [00:00:51] this I'm just going to jump around a [00:00:53] little bit sure yeah um I would make a [00:00:55] motion to set the tax classification [00:00:57] hearing date for November 13th at 6:30 [00:01:00] p.m. I'll second [00:01:03] it [00:01:08] hi [00:01:10] Scott [00:01:16] please well the biggest thing is that we [00:01:18] have the new pump station uh being [00:01:22] started so they dug out the ledge to put [00:01:24] the wet well in and I think after today [00:01:27] they're done until the wet well gets [00:01:29] delivered [00:01:31] um everything went pretty well with the [00:01:33] tie-in and [00:01:36] everything it seem like they're pretty [00:01:37] good contractors so I have no negative [00:01:40] things to say [00:01:44] anything we did have an order complaint [00:01:47] from the uh Force man down in [00:01:50] Gilbertville so we did turn up the order [00:01:51] control [00:01:55] chemical we had a couple uh sewer calls [00:01:58] that ended up being on person personal [00:02:00] property [00:02:01] so uh it's up to the residents to handle [00:02:05] those unfortunately for [00:02:14] them pretty much all I [00:02:19] have any questions no [00:02:25] good everybody okay from the little [00:02:28] incident yes [00:02:30] we will not be using chainsaws in this [00:02:32] department [00:02:37] anymore thank you [00:02:41] sir uh se bement you have one in your [00:02:46] packet um this is a gentleman on the [00:02:50] sewer system obviously [00:02:54] um we've been charging two adus and he's [00:02:57] got one I was I wondered cuz it was a [00:03:00] single address but seemed H I was like [00:03:04] what's going on okay so um you know I [00:03:07] think that we should just Abate the one [00:03:09] that they've been uh charged M this the [00:03:13] one and they'll just be paying one from [00:03:15] now on so it got so we've rectified how [00:03:17] to make it go forward yes we can the [00:03:20] assessors have um have done the um site [00:03:26] visit to make sure that it is a single [00:03:28] family home so we'll be able change in [00:03:30] the system but they've been charged for [00:03:32] two so [00:03:34] um I just want to update the last two um [00:03:39] they've been charged for four so to give [00:03:41] them two back and they'll just be [00:03:43] charged for two so you're baiting 22 63 [00:03:46] 93 yeah that's half of the sewer and [00:03:49] then we can ourselves get rid of the [00:03:51] interest in the demands okay all right [00:03:53] so it's just this amount the 2263 yes [00:03:55] and that's what I have here on this [00:03:56] sheet [00:03:58] okay yep [00:04:01] I didn't mean a bait on on this little [00:04:03] you know it's it's what Jessica's able [00:04:04] to take out of the system without doing [00:04:07] an actual abatement so they're going [00:04:09] toate it for now and then next year from [00:04:12] now on they'll just be having one [00:04:14] yes y so do I move that we accept the [00:04:19] correction or we're not abating it well [00:04:23] we are we have to Abate this one okay I [00:04:25] Mo that we uh we vote to uh agree with [00:04:29] this aate [00:04:31] 2263 and 93 c i second thought Mo second [00:04:36] any any more three you don't all those [00:04:39] in favor I [00:04:41] I so [00:04:46] move [00:04:50] okay sign the warrant y special [00:04:56] election [00:04:58] paper [00:05:03] we don't need to V [00:05:05] on I I would just offici make a motion [00:05:09] to hold the special state election 7:00 [00:05:12] a.m. 8:00 p.m. har Elementary School 76 [00:05:14] School House Drive I would make a motion [00:05:17] as noted [00:05:21] Brian [00:05:22] second no reason to say all that over [00:05:25] again all right [00:05:26] um any further discussion [00:05:33] oh I I other new [00:05:37] business okay I just want to make sure [00:05:40] this okay all those in favor [00:05:48] I all right okay um the harck ne brain [00:05:52] tree cultural Council came in and they [00:05:54] have voted to bring jacin Cole Gard onto [00:05:58] the board and uh so [00:06:00] it's just uh a recommended from the [00:06:03] cultural Council that Jacqueline Cole G [00:06:06] is appointed to the cultural Council [00:06:08] thank you you could do a one two or [00:06:11] three year appointment if you so choose [00:06:13] this is what I got from them okay [00:06:17] so do we want to do I I'll make the [00:06:21] motion do they prefer one two or three [00:06:24] or does it no they didn't say anything [00:06:28] so well the I make a motion to approve [00:06:31] the um recommendation from the hard new [00:06:35] brain Tre cultural Council to appoint [00:06:37] Jacqueline P GED to their board for a [00:06:40] one-year term second it perfect mov [00:06:44] seconding all those in favor I [00:06:48] I and then I have one more thing um I [00:06:51] just if you guys are voting to put the [00:06:54] tax classification hearing should you be [00:06:56] voting for we have an all alcohol liquor [00:06:58] license but I to put it in the paper [00:07:01] we're going to have it on November 13th [00:07:03] do you have to vote to have it on [00:07:04] November 13th or it just comes in front [00:07:05] of you the public [00:07:07] hear posted it come in front of us okay [00:07:10] yeah that can just be on our agenda very [00:07:17] good you guys have anything else [00:07:21] for other new business NOP Kelly I'm [00:07:27] good uh you just well you seem to [00:07:31] skipped the visitor comments section [00:07:33] number three on the agenda oh I'm sorry [00:07:36] just wanted to make [00:07:38] sure okay meeting minute [00:07:42] approvals uh September 25th [00:07:52] 2023 you guys reded them yeah I would [00:07:56] make a motion to accept the meeting [00:07:57] minutes from September 2 [00:08:00] 2023 second it any [00:08:04] discussion those in favor all [00:08:12] right lot [00:08:16] of a double [00:08:20] copy old [00:08:22] business [00:08:24] request for proposal to discuss on your [00:08:27] s okay [00:08:30] the oversight to the Sewer right we [00:08:32] talked about that last time when you [00:08:34] weren't when you were um not feeling [00:08:37] that we probably should have a working [00:08:39] meeting for that like schedule that as a [00:08:42] working [00:08:43] meeting to go [00:08:48] through whatever is convenient for you [00:08:52] guys me kind of it might need to be its [00:08:55] own meeting rather than take up an hour [00:08:58] of our regular meeting you know yeah I [00:09:01] can we can each you brought one in I can [00:09:04] bring in a couple yeah kick it around [00:09:06] kind of go through and highlight what is [00:09:09] good with whatever you know right and [00:09:12] kind of piece it [00:09:15] together do an E well evening is going [00:09:18] to be best for you guys right and I mean [00:09:20] at that rate could we do we could even [00:09:22] do Zoom if it's just for that be easier [00:09:27] good the sixth [00:09:29] you don't have a [00:09:31] meeting next Monday yeah I could do [00:09:36] that what time are we [00:09:40] closing what that's up to [00:09:47] you we do seven if we're going to do Z [00:09:50] that's fine you can do seven [00:09:53] good [00:09:56] okay I'll just rate working session [00:10:07] no they signed it somewhere yeah no I I [00:10:10] have it going to keep it if you need [00:10:12] that we said [00:10:14] seven [00:10:16] 116 yep [00:10:23] okay all right there bim's [00:10:28] disclosures [00:10:29] two special employee positions for [00:10:33] select and Emergency Management director [00:10:36] do you want you want me to explain I'm [00:10:37] supposed to leave the room [00:10:39] now you want to explain it you're [00:10:41] supposed to leave the room to explain [00:10:45] explain why yeah I can explain the whole [00:10:48] thing I did last [00:10:51] time I took ethics training um and this [00:10:57] year they had a new wrinkle and uh [00:11:00] because I get [00:11:02] paid $2,200 to be the Emergency [00:11:05] Management director [00:11:07] and I think $1,600 to be a [00:11:11] selectman uh and one a supervisory I [00:11:15] can't get paid for both of them unless I [00:11:16] file a [00:11:18] disclosure uh which I've done and uh [00:11:22] with Ryan but the next thing is the [00:11:24] selectman have to vote to accept my [00:11:27] disclosure so that's my explanation I [00:11:30] was told to leave the [00:11:32] room discuss and vote [00:11:34] on then [00:11:41] your [00:11:44] rules put your hands over your ears or [00:11:53] something I have absolutely no issues [00:11:56] with this he's been the emergency [00:11:57] director for a long time he does a great [00:12:00] and yeah I have I have absolutely no [00:12:03] issues with this whatsoever I'm with you [00:12:06] you want me to make a motion [00:12:08] to um I would make a motion to accept [00:12:12] his disclosure as stated and [00:12:16] um I guess it says down here approve the [00:12:22] exemption second [00:12:24] that second any more discussion on [00:12:27] it was in favor [00:12:31] hi should I go get it yes please thank [00:12:34] you really felt bad making can [00:12:38] you sign [00:12:46] and we have [00:12:50] no of course it's [00:12:53] approved thank [00:12:57] you [00:13:02] any of those [00:13:06] business oh darn it I have something in [00:13:09] new business darn other new business all [00:13:13] right let's go back to that before you [00:13:15] organize um the bids were opened and you [00:13:20] want to take this down the memo was sent [00:13:22] from PPC I orted it to you um that the [00:13:27] low bidder is waterline Industries in [00:13:30] the AM of 7344 677 contingent of course [00:13:33] usca has to approve this um but I need [00:13:38] your um [00:13:40] approval uh that they are recommending [00:13:43] that we conditionally award project 2A [00:13:46] wheel R wpcf upgrades project to [00:13:49] waterline Industries Corporation for the [00:13:51] total bid and the amount of 7344 [00:13:55] 677 contingent upon USD and town [00:13:57] approvals [00:14:01] so's going with one alternative the one [00:14:04] alternative alternative [00:14:10] one Scott do you want to add anything [00:14:14] please I I can't believe the prices but [00:14:18] no they're both reputable companies yeah [00:14:22] I would agree with that and I actually I [00:14:25] mentioned to Nicole before the weekend [00:14:28] when you know we [00:14:30] weren't you know I think we all worried [00:14:33] that the delay would cause this to [00:14:35] happen Co caused this to happen it had [00:14:38] nothing to do with the [00:14:40] delay because even if we were doing this [00:14:43] a year ago these prices may actually be [00:14:45] higher cuz we're starting to see things [00:14:47] go down it's just so unfortunate that we [00:14:50] have to lose all these optional things [00:14:53] so we're not even going to get a new [00:14:55] pump station and wheel [00:14:56] rate it's beyond its [00:14:59] l so this took the pump station out of [00:15:02] wheel R this removed the pump station [00:15:05] option from Wheel r No it there was a uh [00:15:08] what's the word I'm looking for there [00:15:10] was [00:15:11] five potential add-ons at the right and [00:15:16] I think the pump station was number five [00:15:17] so that won't be done under this [00:15:21] grant the pump station will still be [00:15:23] active and it will still be falling [00:15:27] apart I mean that's something that we [00:15:29] could always look at is that right [00:15:31] though that five is it 5 a or was it [00:15:35] 5B I don't i' have to go back back [00:15:39] through emails can I can I recommend [00:15:41] that we have a meeting [00:15:43] on Thursday can we try to look into the [00:15:48] ultimate final 5A 5B cuz it's [00:15:51] $200,000 that sound right for the pump [00:15:54] station [00:15:56] y we'd have to go back to USDA [00:16:01] but it he is correct that pump station [00:16:04] is the one thing that we probably spend [00:16:07] probably 15 to $20,000 a years all the [00:16:10] time it's 50 years old and i' I've seen [00:16:12] him 20 years younger just Lo so what's [00:16:16] alternative one remind me I don't [00:16:19] remember that either do you remember I [00:16:20] know I it's been so long no it's it's [00:16:23] been a long time yeah and there's been a [00:16:24] lot of other things going on so the pump [00:16:27] station didn't get replaced back no no [00:16:32] last time around no it's from [00:16:35] 1973 and it's an air ejection station [00:16:38] which became obsolete in [00:16:42] the80s you know that's why you lose [00:16:44] retained earnings too for things like [00:16:46] this do you have that Thursday [00:16:49] meeting the special time meeting no yeah [00:16:52] but earlier in the day have [00:16:56] uh that makes sense I think think you I [00:16:59] don't I do yep no I jump on maybe you [00:17:02] guys get some more insight and to see [00:17:04] yeah to to see I [00:17:07] mean and can we ask USDA can we use [00:17:10] retain earnings to add something back in [00:17:13] can we do that I mean if that's that [00:17:15] serious of an issue then then we need to [00:17:18] have that conversation with them to make [00:17:19] sure that they're okay with it that's a [00:17:21] good idea I mean you have them and [00:17:25] that's exactly what they should be used [00:17:27] for exactly uh tied to [00:17:30] it we have to yeah we have to move [00:17:33] forward regardless but let's see what we [00:17:34] can do to be creative to get that back [00:17:37] on on the list okay you know I I I agree [00:17:41] you know we do have to keep moving [00:17:44] forward yeah we need to move forward but [00:17:46] I think if it is a pretty yeah soft spot [00:17:49] in the system so it needs to get [00:17:51] repaired and you know look at the other [00:17:54] things too Scott and just double check [00:17:56] that there isn't something else that's [00:17:57] you know equally important for cuz I [00:18:00] can't remember what these I [00:18:02] remember some minor like a roof beinged [00:18:05] the roof leaks I mean we could probably [00:18:08] have someone come in and do it a lot [00:18:10] less than these contracts going to go [00:18:11] for right someone local [00:18:14] yeah do you want a motion that kind of [00:18:17] says all [00:18:19] that we just wait for a motion on [00:18:21] Thursday you want to do that oh U [00:18:25] special at the special time [00:18:27] meeting [00:18:29] I can add it so is is it okay to wait [00:18:32] for that okay oh well we have 30 days [00:18:35] okay okay so perfect 30 so we have until [00:18:38] November 26 honestly or something like [00:18:40] that okay okay I hate to push it off [00:18:44] that's it's question [00:18:54] yeah all [00:18:56] right the organiz [00:19:00] ation I really would like to not be [00:19:03] chair [00:19:07] so fair enough you've had your you've [00:19:10] had your film I just don't have time to [00:19:13] be involved this I need to be more [00:19:16] involved and I want have time be more [00:19:18] involved that's understandable that's [00:19:20] definitely [00:19:23] understandable so I nominate Kelly I am [00:19:27] I am going to decline that [00:19:31] nomination I appreciate it and I know [00:19:33] it's probably in in order or in you know [00:19:36] what is typically done but [00:19:39] um I have other things going on in my [00:19:42] world right now that I'm not going to [00:19:44] I'm always here I'm not you know happy [00:19:47] to help whatever I can but I think if [00:19:50] you're willing to do that Eric if you [00:19:52] does stick yeah you you may have the [00:19:55] time to do that right well then I would [00:19:58] nominate Eric as chair a second [00:20:03] that [00:20:04] yes any discussion I'm going to [00:20:08] obain those in favor I I all right [00:20:13] meeting is yours my oh really see how [00:20:16] well that works should we go through the [00:20:19] other um Vice chair and and [00:20:24] clerk uh I just to tidy up I nominate [00:20:27] Kelly well you are a vice I am so I'm [00:20:30] I'm happy to stay there all right and [00:20:32] then happy to be M no you're CL you're [00:20:35] going to be clerk okay good that all [00:20:38] right [00:20:41] perfect [00:20:42] okay [00:20:46] so we I think we have visitor comments [00:20:51] that Pati please sir thank you my name [00:20:54] is Jeffrey Smith I live on upper Church [00:20:57] Street I uh want some printouts for each [00:21:00] of [00:21:01] you what I have is a [00:21:06] table that describes the current state [00:21:09] of the meeting minutes and some [00:21:11] questions that I have for [00:21:13] you I was ignored in my last set of [00:21:16] questions when I came last [00:21:19] meeting um it concerns me about the [00:21:22] state of the meeting minutes for this [00:21:24] board only two of the last seven [00:21:25] meetings since the improper July 18th [00:21:28] meeting have minutes posted on the town [00:21:30] website it's been 104 days since July [00:21:34] 18th minutes were approved at the August [00:21:36] 28th meeting which was 63 days ago the [00:21:40] town has 45 days by law to approve [00:21:43] meeting or to get them posted um of the [00:21:46] 25 completed Board of Select meetings [00:21:48] this year so far minutes haven't been [00:21:51] posted for 16 [00:21:52] meetings 11 are more than 100 days old [00:21:56] three of those are 200 days old eight [00:21:59] are still waiting awaiting approval [00:22:02] assuming they'll be done at [00:22:05] all these questions are with regards to [00:22:08] the conflicts of interest with the board [00:22:10] in the July 18th meeting and all of [00:22:13] the votes that have taken place with the [00:22:16] cassella landfill like why is the draft [00:22:20] agreement up on the website why is uh [00:22:24] presentation on the [00:22:26] website why wasn't the meeting stopped [00:22:29] because two members had conflicts of [00:22:31] interest that they declared [00:22:35] themselves so I was hoping these [00:22:37] questions could be addressed in the [00:22:38] meeting [00:22:42] tonight well I can address the me minute [00:22:45] please they're up they're [00:22:49] there put Julie says they're up Sandy [00:22:52] says they're up I'm on the website just [00:22:54] before this meeting tonight I've [00:22:56] watching May they're on my they're up [00:22:58] I am exactly on my town I'm looking at [00:23:00] the the the link from the website to my [00:23:02] town did you hit refresh cuz sometimes [00:23:05] that refresh yes 200 days there's it's [00:23:09] in the table right there it's right from [00:23:12] the [00:23:14] website that's exactly what's on there [00:23:16] as of they're all done and they're all [00:23:18] approved they just approved September [00:23:20] 25th so sending in sending in requests [00:23:23] for them and I'm waiting and waiting [00:23:25] Wednesday is the 10th day and that's [00:23:27] when I will replying but it's 60 some [00:23:30] days since they were approved why does [00:23:32] it take why does it take so long to get [00:23:34] these meeting minutes um there there's [00:23:37] got to be something with our Web Master [00:23:41] and with my Administrative Assistant [00:23:43] must have some sort of miscommunication [00:23:45] because as far as we are all concerned [00:23:47] the meeting minutes are done and they're [00:23:49] up I ask are the meeting minutes up yes [00:23:51] they are okay so and I we know they're [00:23:54] done um she's caught up to September [00:23:57] 25th [00:23:58] so we're not you know they're there [00:24:01] they're [00:24:02] somewhere when the minutes are done to [00:24:04] wait until the very last of the 10 days [00:24:07] before you give them to someone then [00:24:09] absolutely not your public records [00:24:11] request was sent to me and I have until [00:24:14] Wednesday to get back to you and it's [00:24:16] very quick response but I have a lot of [00:24:18] things going on so I have a tick file [00:24:20] waiting to respond to you on Wednesday [00:24:24] I'll make another request for the [00:24:25] missing meeting minutes that are not on [00:24:27] the they are there that's my answer is [00:24:29] going to they are not that is [00:24:32] my um I'll uh from my great power now I [00:24:38] will uh look into this and we'll make it [00:24:41] right thank you good thank you thanks [00:24:45] for pointing it [00:24:49] out the conflicts of [00:24:51] interest if you have any specific [00:24:54] questions let's get them out in the July [00:24:56] 18th meeting we said that you had [00:24:58] conflicts of interest you have filed a [00:25:00] form the day after the meeting how is it [00:25:03] on the day before the meeting you didn't [00:25:05] know of these conflict are you making [00:25:07] I'd like to know what you um what you're [00:25:10] getting at what are you getting at [00:25:13] there's no conflict of interest form [00:25:15] from Mr [00:25:16] rugles even though in multiple meetings [00:25:19] he said he has [00:25:20] one I believe he stated he may have one [00:25:24] well then there's at least the [00:25:25] appearance now right shouldn't it [00:25:27] require a [00:25:29] form you I'll fill out a form I'll [00:25:32] submit it I I don't necessarily have to [00:25:35] but I don't understand why don't you [00:25:37] have to because I don't technically have [00:25:41] any according to the ethics I have no [00:25:43] finan you contacted State ethics I have [00:25:45] no Financial ties to roach or [00:25:52] cassella that's that's how ethics works [00:25:54] if you have any Financial ties I can be [00:25:56] good friends with them [00:25:58] I can know [00:26:00] somebody that is not an ethical conflict [00:26:02] but You' had at least three meetings [00:26:04] where you brought up these conflicts [00:26:06] right cuz I was looking into it because [00:26:08] to me it's not just it's a moral [00:26:10] conflict and an ethical [00:26:11] conflict so I am going to stand down [00:26:14] from voting on this stuff because I have [00:26:18] close ties to the roach family and stuff [00:26:20] like that and I don't think this town [00:26:23] will accept [00:26:24] that as a non-ethical even though [00:26:28] according to legally it's not an ethical [00:26:30] problem I don't believe anybody in this [00:26:33] room that's [00:26:35] against what they're asking for would [00:26:39] consider that a real like me being good [00:26:43] friends with them working for them for [00:26:44] years working for both companies that [00:26:46] one that worked with the seller for [00:26:49] years do you consider that an ethical [00:26:52] violation I'm concerned because I've [00:26:55] seen what and heard what you've said in [00:26:57] your meeting where you say we not and [00:27:00] then it's as though it's just [00:27:03] evaporates take a step back I know it's [00:27:06] everybody is on edge about this thing at [00:27:10] this point they have not applied for [00:27:12] anything they have given us a host [00:27:14] Community agreement I will a draft of a [00:27:16] host Community agreement they have had a [00:27:19] presentation there has been no votes on [00:27:21] anything there were votes on both of [00:27:23] those things well if I may we voted to [00:27:27] accept their [00:27:28] presentation that's all it's still a [00:27:30] vote what what at what point do you [00:27:33] decide what not important enough that [00:27:35] you can break the law never this how [00:27:38] would you have hand excuse me how would [00:27:40] you have handled that would we should we [00:27:42] have just stayed mute have you have you [00:27:45] filed an opinion with the state ethics [00:27:47] commission excuse me have any I'm sorry [00:27:50] should we have not put the draft post [00:27:53] Community agreement out before the [00:27:55] public shouldn't it should have been [00:27:57] sheld entirely uh oh [00:28:00] that's I'm we have to make we have to [00:28:03] make these decisions no you do not it [00:28:05] was not an emergency at all you're way [00:28:08] ahead of me on all the rules and rigs [00:28:10] I'm sorry sir um I don't know how can [00:28:13] that be don't you read the Massachusetts [00:28:15] handbook for Selectmen aren't you [00:28:18] supposed to have certifications from [00:28:19] State ethics we're [00:28:22] volunteers that's the excuse that's the [00:28:24] excuse that you can break the law where [00:28:26] how do we what what did we break for the [00:28:29] town what rules regulations have we caus [00:28:33] but you could follow the handbook and [00:28:35] and get the an opinion from the state [00:28:37] ethics commission we're waiting to see [00:28:39] what's next we don't we don't know which [00:28:42] there's no but there's already been [00:28:44] series of steps why are you waiting [00:28:47] there are no steps draft host Community [00:28:49] agreement which was probably a [00:28:51] memorandum of understanding it's a draft [00:28:54] toast Community but you looked up on the [00:28:55] page and we're seeing memorandum of post [00:28:57] your memorandum of understanding and [00:28:59] that's what confused you why was it a [00:29:00] mistake because I had written memorandum [00:29:02] of agreement above it for cmrpc for the [00:29:06] regional planning agency so I made a [00:29:08] mistake and wrote that below I mean [00:29:11] sorry I'm human once in a while I make a [00:29:12] mistake but all these mistakes seem to [00:29:14] fall in his favor of this way and again [00:29:18] what are you implying I mean just asking [00:29:21] why these things aren't being handled [00:29:23] above board with the Massachusetts [00:29:25] handbook my S I'd be happy to swear to [00:29:30] being incompetent and lazy and Goofy is [00:29:34] there anything else I'm done thank [00:29:40] you yeah okay thanks for bringing this [00:29:44] up I'll look at all these and we'll get [00:29:47] back to you thank you very [00:29:51] much yes sir thank you just on the [00:29:54] subject of the minutes I just wanted to [00:29:56] point out one thing I I think I saw it [00:29:58] might explain some of the confusion [00:30:01] perhaps is that you don't have to speak [00:30:03] for the select board sir thank you if [00:30:05] that's what you're getting ready to do [00:30:08] no let's just okay fine carry on I was [00:30:10] going to say on the website the minutes [00:30:13] for the select board are posted a little [00:30:17] differently than for other commissions [00:30:19] and Boards they're attached to separate [00:30:21] documents which perhaps you didn't see [00:30:25] um and most of them not all of them have [00:30:27] been there but they're just posted a [00:30:29] little differently they're not in the [00:30:31] normal place on might. go where it says [00:30:34] minutes attached minutes available and [00:30:37] you click there and you see the minutes [00:30:38] in this case it's a separate document [00:30:40] but on the same page and I'd suggest [00:30:43] perhaps if you look there and see [00:30:44] whether some of the gaps are not present [00:30:47] maybe we can come in tomorrow maybe you [00:30:49] can come in and help me and we'll clear [00:30:51] this up if I may interject it probably [00:30:54] just sayand he's just putting them in [00:30:56] the wrong location is's more than likely [00:30:58] all that it is Sandy gives them to [00:31:00] Julie maybe it was set up differently [00:31:02] for select board for the selectman when [00:31:05] it was set up she just gives them to [00:31:07] Julie and Julie puts them up okay all [00:31:09] right we'll double check all this the [00:31:11] idea was to be as transparent as [00:31:13] possible it's the [00:31:16] idea what's your [00:31:19] learn thank [00:31:21] you yes ma'am [00:31:24] um I don't know if this is for public [00:31:27] comment since we aren't on the agenda [00:31:29] can you put the hammer [00:31:31] down well I I called a meeting of the [00:31:36] Board of Health will come to order [00:31:38] because there's two of us here uh you're [00:31:42] not posted so I can't talk to you as the [00:31:46] Board of Health when there's another [00:31:48] board member present so [00:31:52] um um we had discussed in the last [00:31:56] select board meeting meeting having K [00:31:58] asking the Board of Health asked to have [00:32:02] time with KP law our [00:32:04] lawyer and um to get basic advice on [00:32:09] what we should be doing as a board of [00:32:12] health and how how it would come down if [00:32:15] they indeed submit um or if they have [00:32:20] submitted it's [00:32:22] equivocal um whether it's submitted or [00:32:25] it's going to be submitted [00:32:28] but we still have as the Board of Health [00:32:30] need to know how to proceed so um we are [00:32:37] reiterating our Board of Health request [00:32:40] to meet with KP law [00:32:43] because the board [00:32:46] feels I hope the board are you sir the [00:32:51] board yes we need time and to study the [00:32:56] possible [00:32:57] Health um [00:33:00] ramifications an objective [00:33:03] long-term amount of time to study uh the [00:33:07] health effects of having a solid waste [00:33:11] landfill in hard workare and if I could [00:33:14] address this if I can just jump in here [00:33:17] if you would give us some of the the [00:33:21] questions that you want answer well I [00:33:25] think that um then we our our CI our uh [00:33:29] phys advisers would be able to do that [00:33:33] we are volunteers just like you and so [00:33:37] we want to be ready if indeed we are [00:33:40] called upon to [00:33:42] rule um on the side assignment or [00:33:45] whatever I thought we agreed to this at [00:33:48] our last meeting ER yeah you did we we [00:33:51] we just a blank check to Conta I that [00:33:54] you're going to have a joint [00:33:55] meeting right so but that's been denied [00:34:00] so it wasn't denied um if I may who it [00:34:04] was approved the ne I said to Judy I'm [00:34:07] meeting with KP LW if you want to come [00:34:09] and meet with me and ask them some [00:34:11] questions so she asked questions and um [00:34:15] you know about the process and what what [00:34:17] happens with it and it was attorney Jeff [00:34:21] Lake yep and [00:34:24] um he sort of went over the process and [00:34:28] that the Board of Health will have to [00:34:29] give a site assignment in the event they [00:34:31] apply but also very much reiterated [00:34:34] first and [00:34:35] foremost as a board you you don't just [00:34:40] and I I'm simply stating what the [00:34:42] attorney say right what did he kept keep [00:34:44] saying to you don't just go down this [00:34:46] road that's going to to be negative to [00:34:49] the project if you're going to go down a [00:34:52] road that's negative to the project then [00:34:54] you also need to go down a road that's [00:34:56] positive for the project [00:34:57] so as the board to automatically and [00:35:00] already go against the project is not it [00:35:05] was advised against and he also advised [00:35:08] us [00:35:08] against taking any action until the [00:35:12] applicant applies for something so I [00:35:15] think paraphrasing uh conversations that [00:35:19] I either can't remember or don't [00:35:22] retain and I'm not I don't think it went [00:35:26] that way and besides it's not my [00:35:30] position even as chair of the Board of [00:35:32] Health to tell the uh board and the [00:35:37] Physicians advisory panel uh what was [00:35:40] said in the conversation that suddenly [00:35:43] came okay so let's have let's have a a a [00:35:46] joint meeting like we talked about yes [00:35:48] and then my my concern is that we're [00:35:51] running up legal fees to beat the band [00:35:53] okay so it's not a lot of money [00:35:55] everywhere but [00:35:57] I'd like to try to it's clear to me [00:36:01] please it's clear to me that if you I [00:36:05] think what Nicole is saying that if you [00:36:07] take a negative position if you use the [00:36:10] Board of Health to squash [00:36:14] cella's ideas it puts the town at risk [00:36:18] for lawsuits because you are an elected [00:36:21] official okay so what I want to do is [00:36:26] approach KP law which is very expensive [00:36:29] with clear questions that you have and [00:36:33] I'm now I now it's me and I have to make [00:36:38] sure I'm happy with that so we need to [00:36:40] have a meeting where we can talk about [00:36:43] this and I'm happy to talk with the [00:36:45] Physicians I know them very well I think [00:36:48] I'm not off base here no I want I we [00:36:52] want the select board and the Town's [00:36:57] lawyer to talk to the Board of Health on [00:37:01] mass yeah it doesn't NE for the benefit [00:37:04] of all the citizens who are up in arms [00:37:08] putting signs out pressuring the Board [00:37:11] of Health to do something pressuring I [00:37:15] don't know who else because I some [00:37:17] Selectmen too yeah [00:37:20] so this is not helpful for the people of [00:37:24] Hardwick to be engaged at this level of [00:37:27] stress at this time and and if we can [00:37:31] come to a determination with our lawyers [00:37:35] of the procedural methods we don't even [00:37:38] know if that draft agreement that [00:37:42] is [00:37:43] advertising cassella on the website our [00:37:47] town website is even a proposal or not [00:37:51] it's out there it's out there in the [00:37:55] public the minute they come on they can [00:37:59] see the [00:38:00] banner which is a [00:38:03] headline it's a sound bite that I'm not [00:38:06] going to even repeat and you're way off [00:38:09] Board of Health perview right here [00:38:12] aren't you I mean well perhaps I'm [00:38:16] speaking as a citizen okay so but change [00:38:20] I'm also speaking as a person who has a [00:38:23] history of making [00:38:25] advertising and I understand the money [00:38:29] that has been spent to produce that [00:38:32] production that we are showing again and [00:38:36] again to anybody in town who is curious [00:38:40] about what it says and we have no [00:38:43] countering the Board of Health has no [00:38:47] countering evidence and we would like to [00:38:51] gather that [00:38:52] evidence and be prepared for when [00:38:56] legally and procedurally these come to [00:39:00] us to rule on [00:39:03] okay what do you propose for the next [00:39:06] step well I just hope we try to have [00:39:09] this meeting that we proposed the last [00:39:11] time okay let's find a time when that's [00:39:14] or or even if the lawyer will come to [00:39:17] the Board of Health I think that's a [00:39:19] good idea and and and the selectman [00:39:22] where we have a joint meeting yeah well [00:39:25] that was added in and we offer to pay [00:39:29] for it yeah I think it's a good idea to [00:39:31] to meet the Board of Health with the [00:39:33] select board and we did last time let's [00:39:36] do it let's do it ourselves and then if [00:39:39] we have a list of particulars we'll go [00:39:42] to the lawyer and we'll either bring [00:39:44] them in or we'll talk to them on the [00:39:46] screen but there may not be an [00:39:48] understanding amongst the group here of [00:39:52] what the role of the Board of Health [00:39:55] versus the select board so so I think [00:39:58] having a legal rendering is very [00:40:01] important even just an hour of of their [00:40:03] time to to clarify what the role of the [00:40:06] Board of Health in this unless somebody [00:40:08] here can explain what the role of the [00:40:11] Board of Health in the site assignment [00:40:13] is I think you should have legal counsel [00:40:16] okay I think I think the end one of the [00:40:19] tasks of the selectman is to the select [00:40:22] board is to pay the bill so that that's [00:40:27] where I want to also worry about yeah um [00:40:31] Ernie do you have any [00:40:33] comments not this time I was I was under [00:40:36] the impression that that was this [00:40:38] meeting that's all yeah that's what I [00:40:40] was under the impression not that the [00:40:42] Lord would be here but that we were here [00:40:44] to talk about so yeah the lawyer was [00:40:46] also going to be here who said Jeff [00:40:50] Blake who's he he is the one he's an [00:40:55] exper of an initial conversation he the [00:40:58] lawyer he said he'd be here no we [00:41:02] together planned to meet with him here [00:41:06] tonight okay well it's news to me so [00:41:09] that's all right he said on the phone [00:41:11] that he strongly suggests that we wait [00:41:13] until something is applied for [00:41:16] however as the boards you can make your [00:41:18] own decisions on on what we don't want [00:41:21] to wait wait wait let say we got her [00:41:22] finish the board what board the board of [00:41:25] any any elected board [00:41:27] de of what on on where on how you want [00:41:30] to proceed if you feel that strongly [00:41:33] then you know I'm sure I everything's [00:41:35] hypothetical but I'm sure the attorney [00:41:37] would answer questions um and he he just [00:41:42] advised the role of the Board of Health [00:41:44] is not hypothetical no but [00:41:47] there's so site assignment he said yes [00:41:49] the board will issue a site assignment [00:41:52] the board has to and so does the state [00:41:54] and how do you prepare how does the [00:41:55] Board of Health prepare for that to be [00:41:57] objective it's definitely has to be [00:41:59] objective it's not Freer decision you [00:42:02] have to have engineering you have to [00:42:03] have have an [00:42:07] application the HCA qualifies to I think [00:42:11] opens the door to anticipation of [00:42:15] potential health effects health and [00:42:16] safety effects there's plenty of data [00:42:19] particular to this site that's already [00:42:22] on the record I've been through boxes of [00:42:24] it yep so so to say that that it's not a [00:42:28] threat at this time I didn't say that [00:42:30] okay so the I I think the Board of [00:42:33] Health can act Judy whoever is next on [00:42:37] the board of health is going to have to [00:42:39] have that information and be in in [00:42:41] preparation it's it's a job to take [00:42:43] seriously health and safety is a very [00:42:46] very critical role so I think having [00:42:50] legal counsel well in advance [00:42:52] preemptively is very important and the [00:42:55] the Physicians of Advisory Group [00:42:57] recommends to the Board of Health that [00:43:00] you get legal counsel right I mean [00:43:02] that's so the legal council is going to [00:43:04] say that you have to you have to get [00:43:06] assignment you have to get [00:43:09] ass the the role of the Board of Health [00:43:11] is to give a site assignment and it you [00:43:15] don't know that there's other said that [00:43:18] that's not the only role we want to hear [00:43:20] it from we want to hear from from we [00:43:22] don't yeah all the rest is hear said [00:43:24] coming from you no no offens or any Duty [00:43:26] was there so okay but no no what I'm [00:43:28] saying is that the other roles can I [00:43:30] just finish the the other roles needs to [00:43:34] come from legal council as to what the [00:43:36] you'd like to be [00:43:37] recognized all right are you no I'm just [00:43:40] saying I'm saying that Legal C legal [00:43:44] council's important a necessary [00:43:47] component to to to guiding the Board of [00:43:49] Health going forward and I know Rob but [00:43:52] I have one excuse me please okay go [00:43:54] ahead hey you guys want to pay for [00:43:58] this we will if we have no [00:44:01] individually how much for hour you you [00:44:04] are speaking she is a Board of Health [00:44:06] member she cannot do that yeah are you [00:44:09] as the this physician [00:44:12] advisor willing to so you're asking me [00:44:15] to pay for legal counsel for the Board [00:44:16] of Health well you're asking you just [00:44:19] said you would so I'm asking no make [00:44:23] make your statement yes are you willing [00:44:25] to pay for the TX individually as a [00:44:27] taxpayer or as an individual it's not a [00:44:29] real question weird not Sor so that's [00:44:32] confrontational Rob [00:44:34] weird my my problem here is this is [00:44:38] anybody can go pay for legal advice all [00:44:40] right we are like 40t in front of what [00:44:45] you guys and he asked this earlier why [00:44:48] we didn't do all this work ahead of time [00:44:51] ahead of the meeting and I I just want [00:44:52] to explain this like ahead of those [00:44:55] meetings we don't know what's going to [00:44:57] be asked we really don't we don't know [00:44:59] what's going to truly be proposed we [00:45:00] don't know what's going to be asked we [00:45:02] don't know what's actually coming [00:45:04] forward yet for what they're going to [00:45:07] want [00:45:07] to to zone change and all that and I [00:45:11] understand there's some stuff in but [00:45:13] they have not [00:45:14] presented to the town and to the [00:45:16] planning board they haven't applied for [00:45:18] anything and I I know everybody's going [00:45:20] to tell me well it's it's coming I [00:45:23] understand it's coming but our legal [00:45:25] cost just for one meeting that these [00:45:29] people keep complaining that we did [00:45:31] wrong was nearly [00:45:33] $1,500 for us to just get legal advice [00:45:37] because 5,000 so we're building all [00:45:41] these legal bills and [00:45:43] and I all I can say is people is there [00:45:46] are ways like the planning board has a [00:45:49] way that they do things it's already set [00:45:51] we have bylaws and stuff if you want to [00:45:53] know how things are going to set forward [00:45:56] Mr Smith spent a bunch of time going [00:45:59] through legal stuff telling us how we [00:46:01] were doing our job WR you know there the [00:46:04] information is out there until these [00:46:06] guys apply I don't really if you want to [00:46:09] create a list of questions I'm more than [00:46:11] happy to sit down on the board of health [00:46:13] and have a list of questions when they [00:46:15] apply and then go to legal and say okay [00:46:19] they've applied they're moving forward [00:46:21] for certain they may they may walk out [00:46:24] the door right now I mean you drive [00:46:26] through this town There's no signs [00:46:27] everywhere to stop the landfill they may [00:46:29] turn around and say you know what it's [00:46:30] not worth the fight and meanwhile this [00:46:33] town has spent maybe $10,000 on legal [00:46:36] fees that we might not have to so I I I [00:46:40] I do agree with you guys that this is [00:46:42] maybe something we need to talk about [00:46:45] but I mean that's just my personal thing [00:46:47] okay so um we're going to go to rert [00:46:51] Rules of Order okay uh means that if you [00:46:55] want to speak [00:46:56] the chair will recognize you if you do [00:47:01] if you speak to the same subject for [00:47:02] more than two different times probably [00:47:06] if there's time we go on but this back [00:47:09] and forth stuff it's not can't do it [00:47:13] okay yes ma'am just very very quick so [00:47:16] the Board of Health is part of the town [00:47:19] so do they have I mean doesn't the Board [00:47:21] of Health like the board of selectman [00:47:23] have access to illegal Council for an [00:47:27] hour I'm not quite done say so if there [00:47:30] are a specific set of questions that [00:47:32] everybody agrees on and it's an hour and [00:47:35] yes I have a billion lawyers myself [00:47:37] they're 700 bucks an hour they're [00:47:39] ridiculous I get it but there are [00:47:42] certain questions I think do need to be [00:47:44] cleared up regardless of if we don't [00:47:47] have this or not once they put that [00:47:49] paper down you know the clock starts [00:47:51] that's not the time to start engaging [00:47:53] and figuring out what your next steps [00:47:54] are going to be [00:47:56] why don't you allow the Board of Health [00:47:58] to have this hour meet with these guys [00:48:01] get these questions done get it give [00:48:03] them some level set so they know their [00:48:05] next steps cella's Rich they're brutal [00:48:09] we all know it so if they want to take [00:48:12] that next step they know the clock is [00:48:15] running they know they're going to put [00:48:17] the Board of Health and they're going to [00:48:19] be at Advantage so why don't we figure [00:48:21] out a way to get those questions done [00:48:23] pay the 700 bucks [00:48:26] make it an hour so we all have the right [00:48:28] questions get the answers and make sure [00:48:30] our Board of Health of our town has that [00:48:33] opportunity and I'm [00:48:36] done we just agree to this what didn't [00:48:39] we just agree to just that yeah um well [00:48:42] we're just we just well we got a little [00:48:44] push back Kelly in the middle there [00:48:46] please uh traditionally it goes through [00:48:49] the selectman because they sign the [00:48:51] checks yeah I understand that's why I'm [00:48:53] asking my concern is that we don't get [00:48:55] into a fishing Expedition or that we get [00:48:59] into going on you know and starting to [00:49:02] wave banners using our elected boards [00:49:07] that's what I'm thinking about so we can [00:49:10] take hours to do this but personally I'd [00:49:15] like to [00:49:16] see a list of questions some kind of an [00:49:20] outline well that's easy okay well fine [00:49:23] then let's do it that way and [00:49:26] as soon as you get that to me we'll make [00:49:28] a [00:49:29] meeting [00:49:31] okay no I'd rather see a meeting [00:49:34] scheduled okay and that gives me a [00:49:36] deadline I want to add that um after the [00:49:41] phone conversation I learned that Jeff [00:49:44] Blake our lawyer was presenting to the [00:49:48] wear Board of Health on the assignment [00:49:52] of or approval of um that recycling [00:49:56] center across from Janine down there and [00:50:02] so I went to that Board of Health [00:50:05] meeting and watched that board uh a 3 [00:50:10] four five member [00:50:12] board um [00:50:15] dialoguing with the lawyer [00:50:18] and and the um company [00:50:23] lawyer and [00:50:26] revising each of the statements under [00:50:29] the [00:50:31] agreement and a lot of things came to [00:50:35] light like one is that you can't [00:50:39] have um a landfill in a public park or [00:50:46] um uh privately fishing Wildlife you [00:50:50] know and all all kinds of ideas about [00:50:54] how to to write an [00:50:57] agreement that both parties will sign [00:51:01] with the lawyers present that's how that [00:51:05] process will work okay but that's not [00:51:07] where we are now no negotiation is way I [00:51:12] think down the line there's another [00:51:15] Point uh I think a lot of this is going [00:51:19] through zoning and the planning board [00:51:22] commonly would force [00:51:26] the applicant to buy the lawyer's time [00:51:29] or the engineer time it's in our bylaws [00:51:33] so there it's not a question of money [00:51:36] and this is not a question of money in [00:51:39] the sense that it it's talking about [00:51:42] stuff that's precious to us and very [00:51:45] valuable and I think everybody in the [00:51:47] room agrees to that so um [00:51:52] so anything else [00:51:59] can we limit him to uh 1 hour I think we [00:52:04] should if he's here if he's here I just [00:52:08] soon he get all the questions that we [00:52:11] can think of and get the answers and not [00:52:14] tie ourselves to an [00:52:16] hour I just I personally I want to see [00:52:20] where it's where it's headed or what the [00:52:23] direction is I want to see some [00:52:25] questions ahead of time and I'm am [00:52:28] serious that if we get into becoming [00:52:32] Crusaders using Town Offices we're going [00:52:35] to screw ourselves up I don't think [00:52:38] we're the least bit headed in that [00:52:41] direction okay well because of our roles [00:52:45] as elected Health officials as elected [00:52:49] Town officials and as elected Town [00:52:51] officials we have to actually represent [00:52:54] everybody in town yeah exactly okay okay [00:52:57] I think having I think having him [00:52:58] reiterate what he told me on the phone [00:53:00] is going to be good for the TV so she [00:53:02] can watch it forever keep watching it [00:53:04] and figure this out thank [00:53:07] you what say it again no If he if he [00:53:10] comes here and that he's just going to [00:53:12] tell exactly I I would like to have a [00:53:16] legal pad a yellow legal pad in front of [00:53:20] you so we'll do it we'll talk about how [00:53:21] we're going to do it okay thanks thanks [00:53:25] anybody else thank you very [00:53:28] much could I get a motion to adjourn [00:53:34] um as long as there's some more things [00:53:38] on the agenda that I don't know if [00:53:39] you'll want to get are they very [00:53:41] important well I don't know committee [00:53:46] reports are there any committees here to [00:53:50] report any miscellaneous correspondence [00:53:54] no [00:53:56] Town Administrator [00:53:58] report I um I was late giving it to you [00:54:01] I sent it to you today um but if you if [00:54:05] you just want to look it over yourself I [00:54:06] put them up on the website and uh if you [00:54:09] want me to go through it that'll be fine [00:54:12] there um signatures and approvals we've [00:54:15] done it select board Round Table anybody [00:54:18] want [00:54:19] to apologize to me n I'm good you're [00:54:24] doing a great job I do apologize keep up [00:54:26] the good [00:54:29] work I'll make a motion to adjourn a [00:54:32] second and you know this is the one [00:54:35] motion that you don't ask for there's no [00:54:37] discussion [00:54:38] allowed a motion to adjourn cannot be [00:54:42] contested at all if it's seconded it [00:54:45] goes to a vote all in favor