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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 Select Board addressed a range of municipal matters, including the approval of a pole installation on Barry Road and an addendum to the West Brookfield Ambulance contract. A significant portion of the meeting was dedicated to public concerns regarding Open Meeting Law compliance, the status of meeting minutes, and allegations concerning the Town Administrator's conduct. Discussions also covered the volume and cost of public records requests, the process for agenda item submissions, and the need for clarified roles and responsibilities within town administration. The board approved a schedule for handling open meeting minutes and committed to addressing outstanding issues.
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Lightly cleaned for readability. Each timestamp opens the video at that point.
Pledge allegiance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all.
Pretty noisy.
All right, we have a public hearing to start.
These are called poll hearings.
In accordance with the provisions of section 22, chapter 1666 of the Massachusetts General Laws, you are in accordance with the uh you are hereby notified that a public hearing will be held at the Hardwick Municipal Office building 307 Main Street, Gilbertville, Mass. On Monday, January 12th, 2026 at
6:30 p.m., the Hardwood Select Board will consider a request to give permission to the Massachusetts Electric Company doing business as National Grid and Verizon New England, Inc. to locate poles, wires, and fixtures, including the necessary sustaining and protecting
Fixtures along and across the following public way, Barry Road. Anybody here to speak to this?
>> Ed Kel with National Grid.
>> Thank you, >> Mr. Chair.
>> Yes.
>> Um, so the voters have been notified and the public hearing was posted in accordance with the national law.
>> Thank you. And at what point on Barry Road are we talking?
>> Uh, at the intersection of Pine Street.
>> Okay.
>> Which, uh, we were here about 5 years ago for petitioning about the same hole.
It just never went in. Um, it was part of, I believe, a fiber project or something going on in the area that fell through and now it's going in for a new home in the same location.
>> Okay.
>> Too much time's passed so we wanted to come back.
>> Thank you.
Anybody here want to speak against this?
>> Anybody want to speak for it?
>> Yes, ma'am. This is not quite either, but when you publish where a poll hearing is, when a poly hearing is going to be, publish about where it's going, Barry Road is miles long, and I wouldn't necessarily be interested in the Pine
Street one, but if it were going by the Common, I would be very interested in getting other people there.
>> Okay. Thank you. The posting does say 66 ft southwest of the center line of the intersection of Pine Street. Okay.
So, it's just not in the >> not in the narrative at the beginning, right?
>> It's not on the agenda.
>> So, that the public wouldn't know.
>> Ma'am, you had a question?
>> No, I just wanted to say that this is my house that they're putting in this property for this property.
>> So, you're all for it?
>> I've been waiting and waiting.
[laughter] Electricity. What's the matter?
>> Yes, it's cold. It's cold.
>> D was just sitting there.
>> Yeah.
>> I would seek a motion move to approve the pole at uh Barry Road 66 ft from uh Pine Street.
>> What's the Okay. Or no, sorry. What's the number of the house?
>> 1827.
I'll second the motion, Mr. Chairman.
Thank you.
>> In favor, >> I going to do that.
>> So, I'll just for you guys to sign at the end of the meeting.
>> Okay, Mr. Cole.
>> Yeah, perhaps a moment late, but now I realize what that poll is. And uh it just occurs to me that's if I'm not mistaken, um where the where the pump house is for the tent.
>> Yeah. So, the I just want to be make sure that there's nothing planned about the pump house, the sewer system there that would that would later So I [clears throat] guess the pole wasn't put right where it needed to be.
So if there's work going to happen maybe I don't know is the pole close to the the pump house.
>> Okay. No, the pump the pole is going to be about there's a an asht tree in the front of the property. It's to the left of that. So it's not in my near pump house at all. It's in my It'll be right in my front yard.
>> Great. Thank you.
>> Yeah.
>> Okay.
Everybody all right? Thank you, sir.
Thank you.
>> Visitor comments.
>> Mr. Chair, would you mind just closing the public hearing?
>> Oh, thank you.
>> Move to close the public hearing.
>> I'll second motion. All in favor?
>> I.
>> Thank you.
>> Visitor comments. Yes, ma'am. I'd like to ask just what progress has been made getting the grant uh published. If >> I could jump in, I have news.
>> Oh, >> okay. I couldn't get on the agenda, so I'm going to leave it for the selectman round to >> Okay.
>> Thank you.
>> Will there be phys can we make comments regarding that once?
>> Sure.
>> Okay. Thank you.
>> Yes, sir.
I'm speaking, this is Jeffrey Smith, Upper Church Street. I'm speaking tonight with profound frustration and urgency about the persistent failures and transparency, legal compliance, accountability, and governance that have undermined our town throughout 2025.
These form a trouble troubling pattern of secrecy, unilateral actions, neglect, favoritism, and disregard for the law that demands immediate correction.
I have submitted an open meeting law complaint to this board regarding missing and incomplete minutes. Now on tonight's agenda, under Mass General Law 3 Chapter 3A sections 18 to 25, public bodies must create accurate minutes for all meetings, including executive sessions, and make them available promptly with
Executive minutes reviewed periodically for release. Yet in 2025, minutes are missing or incomplete for multiple regular select board meetings and none exist for approximately 20 executive sessions. This violation blocks public oversight and erodess trust. I expect a
Substantive response and full compliance commit and a full compliance commitment tonight otherwise I will escalate to the attorney general to align Hardwick with neighbors like Barry which records select board planning board and finance committee on YouTube and North Brookfield which adds the board of
Health school committee and town meetings. I urge this board to adopt a policy requiring audio video recordings and YouTube posting of all meetings and of boards, committees, and commissions.
Hardwick already streams some select board sessions on Hardwick TV. Expanding this is a simple step for accountability. I seek a commitment tonight to develop and adopt this policy promptly.
The town administrator's conduct is unacceptable. She uses her personal phone for official business while refusing to use a townish issued device to evade public records requests despite Massachusetts law covering such messages. She admitted to me and confirmed to the town clerk that she
Deleted text messages in response to requests appearing delighted about doing so. This willful destruction of public records.
>> Excuse me, sir. [clears throat] the you're throwing a lot of your feeling into this about she seemed to be I'd like to get a letter.
I'm not comfortable tearing apart the town administrator's reputation.
>> Frankly, I don't give a damn. You can let me finish.
>> I could.
>> Thank you. The willful destruction of public records risk legal penalties and town liability. She also has misused town council to obstruct requests without board input. Within her first six months, she demanded and received a raise while long- serving employees wait years, then pushed to hire a personal
Personal friend as treasurer and overrode the board's approved candidate for town accountant to install her preferred individual. These favoritismdriven decisions prior prioritize personal connections over merit and fairness. combined with her unilateral signing of the Zikos contract
Wasting resources on unsellable buildings due to unadressed deed restrictions shows a lack of integrity and oversight. The town administrator should be terminated immediately for this pattern of conduct.
>> What should I do?
>> The chair's leadership is equally deficient. No promised personnel meeting occurred last summer or fall.
We recommend that you submit your paperwork to the board and we'll put it in the record.
>> I'm not happy televising somebody ranting somebody else's personality.
>> Mr. Chair, I've been here and asked these things of you.
>> I know.
>> And they're not being done. How else am I supposed to address you? You won't talk to me personally on the phone.
>> No. Thank you.
>> So, here we are in a meeting now, right?
>> Would you like to talk to me outside of a meeting now >> with a witness? Sure.
>> I have invited you to bring witnesses.
Okay.
I will refrain for now.
>> Thank you. Thank you.
>> Anybody else?
>> Yes, sir.
>> Thank you. Um, I had seen what I guess Mr. Smith just referred to on the agenda. That's part of why I came tonight. So, two open meeting law complaints.
>> Could you stand by for a sec?
>> Yes.
>> Just one word. Um, is Bill Cole representing the planning board tonight or is he speaking as a city staff?
>> It doesn't matter. I'm just >> No, I'm just curious cuz you're the chair of the planning board. So, I just want to be clear for the public. Either you're representing yourself tonight or when you're representing the planning board, please address it like I'm addressing, you know, I'm chair of the
Planning board and I'm addressing >> when I'm representing the planning board, I will absolutely do that.
>> Okay. Thank you.
>> On Bill Cole, Peterson Road.
So as I looked at the agenda, I saw these mentions of the open meeting laws and I wondered [clears throat] how much of this has been going on um and what it cost the town and particularly what the public records requests are. Um so I see
Here that there's other ones. I don't know of other ones other than four which have involved me personally on the board on the planning board and on the master plan steering committee. So I I just know about those and I I wondered uh we handled they can be handled through executive
Sessions or they can be handled otherwise but they have to be handled right. I think we've done that. But I'm going to later wonder what you how this board is handling those. And again, in the context of what the town has spent in terms of resources, legal resources, and time, I'm curious about that because
I think the public records of Quest, I don't know the magnitude of that, but I know I've been in to see various officials who are backed up on their work because they are they've got multiple requests from the same individuals for public records requests that are that have to be acted
On. So, I'm I'm wondering where our legal budget is to date compared to what I think was only $25,000 what was approved at the last meeting. How much time is spent by the town handling these things? And I suppose
Also what what's come of it. I I know they're the negative things. that see I know people who don't want to get involved in committees or don't want to run for office because they expect the pattern of repeated public record requests which can extend to private
Emails. Um the time all of that is is is demoralizing to a lot of people in town and I think it's expensive. So I want to know if if there's any sort of accounting available so people in town can know the magnitude of this
Pretty much barrage of public records requests that have come to the board.
>> I'm going to answer something.
>> All right. Uh I had to deal with an ethics complaint and uh when I got through with that successfully I did ask if there was any threshold if there was a a point at which
Too many you know if there's a limit and there isn't. So legally complaints can happen you know a dozen a day. So, as far as I know, that's what I know.
>> Yes, sir.
>> Mr. Chair, um I've requested in the past to put this on the agenda as far as review the legal the whole legal process and what the bills stand like where we currently stand. I mean, we can ask the accountant for a report of what was actually spent versus what's budgeted and what we have remaining.
>> You like to see that at the next meeting?
>> Yeah, I would like to see that if the board would like to see that.
>> Mr. Mr. Chair, may I address just a couple things in Mr. uh Cole's comments and questions? Um I can say that in the last year uh Mr. Smith has filed 18 public records requests and I believe six or eight open meeting law complaints. That doesn't mean that the town has been uh found to have violated
Anything. In fact, more often than not, the town has not. Um but yeah, that takes up a lot of time and resources from the town. And I can say confidently that onethird of the $25,000 has been spent on Mr. Smith's company.
>> We're trying to leave names out of >> Oh, just, you know, so you know where we are financially. Um, >> a concerned citizen. Yes, sir.
>> Ma'am, sorry. Um, I I [clears throat] think that a lot of this could be uh avoided if we did indeed demand that all committees and all commissions and all boards had um Zoom or or YouTube or
Whatever. Um, you know, we it's very easy to set up and as I said to Mr.
Smith earlier. Um, we have already addressed it in the historical commission and we're going to go forward with putting something together even though there's no requirement that we do that and maybe nobody even wants to sit and listen to anything that the historical commission has to say, but
We're going to be instituting it within the next couple of meetings in our committee. So, I don't see any reason why all boards and all committees should not have that option. I'd like to see each board and committee decide for themselves and set that up if that if
They choose to do that. I find it insulting myself, but >> I I don't I don't see I don't see why you find it insulting because there are a lot of people in this town who work and they get out of work at 6:00 and they can't come to a meeting or or they
Want to see what's going on, but frankly they don't want to have their faces here because they're afraid of what might happen to them. And some people are uncomfortable feel that >> you know they don't want to be out in everything but >> or people don't want to drive at night
>> you know so it's not a big deal to do that >> Mr. share. Yes. Or you don't mind.
>> There's also people that, you know, they have families, they're busy, they're doing all these things and it takes them 5 minutes to go online and say, >> "What's going on? What's the latest [clears throat] update?" And they're looking for that. And and if they have that readily available to them, for the
Most part, they're happy. They just want to know what's going on in the town.
>> Um and so along that lines, I' I've sent an email requesting information as far as like these [clears throat] cameras and everything in this room as far as streaming to YouTube.
And and that's and I've requested this the the TA to find out do we own this equipment?
>> Yes.
>> Okay. So, >> you know, if you have that information we share with the board, >> um we can show people how to use this or different boards if they choose to do the use this. We shouldn't be paying >> X amount of dollars per thing. We should be able to do this inhouse through an
App or through something. So, and if if a commission wants to do that, >> they they choose to do that.
>> Board can do that, >> right? It's not going to be like mandated like you have to, but like I said, people like to see what's going on in the planning board. People like to lo, you know, what's going on with finance, stuff like that, budgets, and we're all busy. Everybody has a very
Busy life and they have free time, but that free time might not be when we have meetings. That's all. And if it's available on the internet, they can catch up. And I paid over $600 for these requests. $600 I spent. So complaining about costing the town money.
>> Can I ask what you're looking for?
>> You to resign.
>> Okay. And anything else?
>> Her to be fired.
>> Okay. And finding you'll find what in all these requests? I mean, you'll find you saying I should be I should resign.
Did you make a unilateral decision to cancel the Barry ambulance contract by yourself without it consulting your own board?
>> No.
>> Yes, you did. You went to the the town administrator of Barry confirmed you had a meeting with them and you canled the contract.
>> I don't know if there was a working contract going.
>> Mr. Sher.
>> Yes, ma'am.
>> This man here has dedicated hundreds of hours to this town and until you've done the same, you really shouldn't be talking. don't matter. Everyone has a right to speak. This is America. Yeah.
We don't have to necessarily agree. They have the right to speak. And sometimes you don't have to listen, but you they have the right to speak.
>> All right.
Where do you want to go from here?
>> Done.
>> Thank you, Mr. Cole.
>> Um, the planning board would like to respond to a question that you had.
Asked me about hours, LPA hours. This is the the local planning assistance hours that the town has awarded from Central Mass. 12 hours and they get an extra one if you for each hour we attend on a seminar or such go to a meeting. We were at 18. We've used uh some of those
In respect to the master plan steering committee assistance and oversight from from them. Um and some grant money, nothing from the town. And we have uh we're using some presently for assistance in drafting pilots. So how many are left
For other planning purposes? I'm not sure. But you would ask that question.
And I'll tell you there seem to be some but not a lot. And it all resets into January, excuse me, in July. Fiscal year.
>> Fiscal year. Correct. Okay. Thank you.
Visitor comments.
Appointment of Linda Drake to the recycling center.
>> Do we have a letter of interest? Did you want to do the >> meeting minutes first?
>> Yeah.
>> Approval of minutes September 29th, 2026.
>> I've read the minutes. Uh I make a motion to approve the minutes from September 29th, 2026 as written. Well, there's one one amendment to that I'd like to just add into it is um the comment made by the town administrator that um she sent the
Offer to the accountant.
>> What page are you on?
>> What page am I on? Um I believe it was omitted.
>> That's why I want to amend it and just add it in. It's not a big I don't have it right right.
Do you know where it goes, Bill?
>> Um, it would just go anywhere regarding the accountant. Like there's an updated line of the accountant. If you heard anything back, you made the offer to him right before that meeting.
>> Uh, >> and so there's I know there's a reference to it.
>> It was in the >> in the 2029 meeting.
>> If it was in the recording, I'll go back and take it.
>> All right. And so I'm just asking for that to be amended and brought into the document. That's all.
>> All right. Where are you?
>> Yeah. I don't know where you are.
>> Okay. I'm visit our comments.
>> No, it is the accountant.
It was an update.
>> I apologize. I don't have my notes with me. But >> do you want me to go back and take a look? If you don't mind, I'll put them on the next meeting.
So, I'll see. I'll go through it.
>> It's just that one thing.
>> I'll take a look at the recording.
>> Business release.
>> It's quite a long meeting.
>> Yeah, it is. It is.
So, I mean, I I can get it to you. I don't actually have my notes, but I mean, can we uh put it off the phone next meeting?
>> Yeah. And I'll take a look at the recording.
>> All right. And I'll get you. It's just that one thing.
>> All right. We'll just withdraw my motion then.
>> Okay.
>> Just table is Okay.
Okay. So, that's tabled. Yeah. And the Drake Recycling Center. Um, so you have her resume in front of you. This was a recommendation of the recycling coordinator and I did speak to the chair of the recycling commission to make sure that they were on board with this. Um, so I'm just looking for confirmation
From this board. Um, I don't have a start date or anything until I get confirmation from you. Um, the pay and hours are [clears throat] going to be the same as they are 7 hours. Um, and then I'll get them I'll get this get her Corey. Uh, she has been an employee of the town before. Um, but we do need
Updated information.
>> Um, so I'm just looking for direction from this board before I proceed.
>> I know her and I think she's great.
>> Kind of read through everything. I think. Yeah, >> she's very qualified.
>> Qualified.
>> So, I'll make a motion to appoint Linda Drake to the recycling center.
>> I'll second.
>> Thank you. All in favor? I >> I >> a retired ER nurse.
Eastman Land Trust donation donation of $1,700, which is very nice.
I'm just looking for approval from the board to accept the donation.
>> So moved.
>> I'll second. All >> in favor? I >> Is this pilot?
>> No.
>> Um it's a donation on on behalf of the Eastland Trust. It's not they don't have a pilot agreement with the town.
>> They've been doing this kind of regular, but it it's slowly gone up over the last couple of years.
>> Mr. Cole.
>> Yeah, I have a similar question. It's it's it's it's a voluntary donation.
Correct. That was like 700 bucks last year, 1,700 this year.
>> They've done similar things to for for the benefit of other towns they work with around the area. I think there's eight of them.
>> Um and then >> it is not a pilot. It's a voluntary contribution um as I understand it. So yes, >> and in the past I think they had indicated and the town had approved to donate it or designate it toward a certain purpose. Is that part of this donation?
>> Is that what's written in the donation?
>> Um, it's not written in the donation, but if we apply it to the pilot policy we have, it would go it wouldn't fund a budget. It would go into capital improvements and stuff like that >> project.
>> Yeah.
>> Okay.
>> But it's not a pilot.
>> No, it's not. But it is from a nonprofit and it's a contribution.
>> Okay.
>> A fellow traveler.
Okay.
>> Thank you.
>> Sure.
>> And we can send a letter to him saying thank you.
>> Yes, we can.
>> Uh discussion and vote on William Tinker's open meeting law complaint.
>> Okay, sir. So, since I am the complaintant about it, I'm just going to recuse myself and I'll be out in the hallway and just let me know when you guys are done. I've been told you don't need to. Well, I've said everything I need to say in it. So, I I prefer to recuse myself. So I'm going
To recuse myself. Okay.
>> I'll grab you.
>> Yeah.
>> So you'll see there's a a response in front of you. I just need a vote to sign it. I was questioning if you're going to read this for the record soon as I can find it.
Do you have a copy?
>> I do. I'm good. This is the cover sheet.
This is from William Tam.
This complaint concerns repeated violations of the open meeting law by the Hardwick Select Board arising from its failure to properly postconvene and conclude a required executive session to address and close a completed personal personnel investigation.
The select board received the investigator's completed findings on November 10th, 2025. As of December 16th, 2025, 36 days later, the board had failed to convene and conclude a properly posted executive session to resolve the matter, constituting an unreasonable delay.
On November 17th, 2025, the board posted an executive session with an improper or incorrect stated purpose in violation of the open meeting laws agenda and posting requirements.
As a result, the meeting was cancelled in its entirety, eliminating the first lawful opportunity to address the completed investigation.
On November 24th, 2025, the board convened the executive sessions one and two. I properly recused myself from both both sessions. [clears throat] Required business was not completed. The executive session addressing the investigation was not properly concluded or adjourned. and the board failed to
Schedule a subsequent meeting to complete the matter. This constituted a second failure to fully to lawfully conduct and conclude required executive session business.
[cough] [clears throat] Despite having a completed investigative report and multiple prior failed opportunities, the chair did not place any executive session item relating to closing the investigation on the agendas for the December 8th, 2025 or December 16th, 2025 select board meetings. The
Continued failure to agenda this matter lacks justification and further extends the unreasonable delay. As a recused elected official pursuant to MGL chapter 268A, I am prohibited from requesting agenda items communicating with the chair regarding
This matter or otherwise influencing scheduling or deliberations. The board's repeated failure to act has therefore deprived me of any procedural mechanism to obtain closure of a completed investigation.
The board's conduct demonstrates a pattern of non-compliance with open meeting law requirements, including improper agenda posting, failure to conclude executive sessions, and unreasonable delay in addressing executive session business. These violations have paired due impaired due
Process, frustrated the purposes of the open meeting law and undermined public confidence in the board's governance.
So, um, most of this is addressed to me. Um, I had a real hard time dealing with this.
This started on the 2nd of June. I'm still not clear how much I'm legally able to talk about it in public. Um, and I guess what I need to do is schedule another executive session and close this out. Uh, had non-compliance
With the principles. Um, again, this has been going on for a long time.
So, I'm going to leave it at that.
Schedule an executive session and you can have my scalp. Sir, >> Mr. Chair, >> yes.
>> Um, the issue at hand is not an open meeting law violation. Um, and I would >> the complaint.
>> Uh, no, it's not. It's you've complied with the open meeting law. Um, anything else can be, you know, brought up to the attorney general and I'm confident that it'll be the same outcome that we've that we've complied this far with this particular complaint.
Urge you to sign the letter >> and please uh put on the next agenda an executive session so that we can >> Mr. Chairman this up. Yes, sir.
>> I was part of that executive session on November 24th and my notes we pretty much concluded the executive session.
>> Right. That's the way I remember it too.
But we'll have to we'll have to have another executive session.
>> It's either that or I just rule unilaterally.
>> Yeah. You don't want to do that.
>> No.
>> Okay. Again, I I my recollection, my notes say that uh we concluded that executive session and no further action was necessary.
>> So, that would be closing it out.
>> Well, it has to be announced to public.
>> Excuse me. It does not actually. Uh, all right. Stop. Enough. I didn't know if this was going to come up. I didn't know if it was going to be able to come up.
I'll find out. I'll talk to the lawyers again. Thank you.
All right.
Discussion and vote on Jeffrey Smith's open meeting law complaint. Do >> you want me to get Bill?
>> Are you u complete or you want to go at it or >> I'd like to know what's going to be done about it?
Well, what's the complaint in >> You have you have it in front.
>> Please explain to me. [clears throat] >> You're missing meeting minutes from back in February and there's a couple in the spring. Almost everything since September 16th, which we didn't get done tonight. And 20 executive sessions this year. No meeting minutes whatsoever. No discussion of them. No checking in on
Them. Nothing.
>> Okay. Well, in my mind, this the reason for the these executive sessions was never finally resolved.
>> You still are required to do it periodically and review them periodically and vote on them periodically, >> but not put them public until until it's legally closed.
>> That's that is that's correct. But >> but you still have to do actions with them and they still have to be in motion. You've taken no votes on executive meeting minutes at all in all 20 of them are outstanding. All 20?
Cuz that seems like a real problem in and of itself, doesn't it?
>> Well, to you, to me, I just fine.
You know what to say.
>> So, Mr. Chair, >> sorry, Mr. Chair, if you don't mind, I'll I'll contribute to this a little bit. Okay.
Put together an Excel spreadsheet that addresses Mr. Smith's concerns about the open meeting law and the transcripts and so we can come up with a plan as far as addressing them but some of the stuff the first three all right I have this
I didn't have a chance and I apologize I didn't [clears throat] have a chance to share it but I put it together so it's easily followed I'll share it with the board but the first three they're done but the problem is is when you go to our official website and you click on the meeting minutes with a PDF.
>> Mhm.
>> It's blank. So, whoever like however it got uploaded or whatnot, it's just blank. And that's a quick fix. Okay. So, there's three out of the way of the open ones. Okay. Um and then the next one I put it uh February 2018 the open.
There was nothing for that. So, here's a whole list and it's not, you know, it's not too too bad. And if we just address it, put it together and just whip it together and approve them.
I mean, >> is that a motion?
>> Well, I mean, it's a solution. I mean, we we have to address this and so we have to find the missing meetings, >> right? And and we can go through YouTube. We can pull down the transcript. We can review it.
>> Executive session wouldn't be on YouTube.
>> No, I know that.
We'd have to go through notes. There should be notes.
>> The the former chair should have some notes of the previous ones for last year and then some ones for this year.
>> Okay?
>> And we address it and we'll, you know, we can start approving these at our next select board meeting, new open ones. And these ones can be fixed probably tomorrow. The first three, >> right? The the first three.
>> The first three.
>> Yeah. which is just so we're clear it's glitches.
>> Yeah. January 13th, 2025, >> January 27th, 2025, and February 10th, 2025. They're all on the website.
They've all gone through the approval process. It's just the wrong PDF file got loaded to the website. That's it.
>> And then the rest of those >> Then the rest of them >> are just we we have to approve.
>> We have to generate them and approve them. Yes. Right. So, but that's >> Mr. Chair.
>> Yeah, >> I can check with the former chair on Friday about before uh Jeff's time and see what she has if you want me to.
>> Okay. And I'll talk with uh Julie Marquette.
So the TA would have to find Yeah, you can take this and I'll share with the board, but you just have to find a PDF file for those three meetings.
>> Can you send it to me?
>> I don't have the PDF file.
>> No, I know that.
>> But you can you can have it. I'll send the whole Yeah, I'll send a digital file of that.
>> Okay, good. Okay. Yep.
>> Very good. All right. And so >> that will address >> most of it at least. The executive sessions I think are still kind of >> Yeah, the executive sessions are going to take a little bit, but as I said, I don't know if you were in the room, I don't feel that that the reason for that
Executive session string was ever resolved. You talk about it in your complaint to me. So, um, >> Right. Right. That's an ongoing that still remains confidential.
>> We have to have a executive session to finish.
>> Okay. if we can get the principles at the table.
>> Yes, ma'am.
>> You know, as a citizen listening to this and a taxpayer, it it just someone's not doing their job and whoever has oversight over those people not doing their job is not doing their job. Okay? And that's unacceptable.
>> Thank you. So whoever is not doing their job needs to start doing their job and the buck stops at the three of you. You should be over you should be overseeing to make sure all of this stuff is done.
>> That's correct.
>> Mr. Chair, I think going >> failing at that. Correct.
>> Thank you, >> Mr. Chair. I think just going forward the three of you need to decide about executive sessions because before I guess when I got on it was the chair at the time who was doing them but I think the three of you need to decide >> going speaking >> excuse me >> the queen has spoken.
>> I appreciate your input.
>> I love it when she gives you orders >> for Mr. Chair transparency.
Yes, sir.
We need to figure out roles and responsibilities here because town administrator is the town administrator supposed to administrate these things and make sure they're done.
She runs the dayto-day. We we do the directive oversight stuff like that.
Give her direction.
So I was the clerk of this board for the executive session for the whole first year. And I was told through the chair, the chair would going to write these notes. But also when Justine first came on or the town administrator first came on, she said she was going to handle these executive sessions, her contract,
The building inspector and one other.
And then down the road when we have an issue with this and it's our fault because we didn't follow up. We'll take responsibility for that. But now it's it's not her responsibility. So how is this shift? who's making these decisions and deciding what's the responsibility, whose role is it? We
Need to clarify that so we don't have this issue going forward.
>> I think these are lapses myself.
I mean it I mean certainly I am failing to follow up and work this job the way I'm supposed to. But you know that's where the buck stops. I don't know >> Mr. Chairman.
>> Yes sir. What is exactly supposed to happen to close out these exe executive sessions?
Well, >> we have to >> How are the minutes of an executive session supposed to be recorded, posted, saved, whatever.
>> Finally, they become posted.
>> Eventually, >> eventually they have to become posted.
Correct.
>> Right.
So, so and this issue which I cannot explain publicly >> needs to be resolved >> by the principles involved and >> hopefully uh it ends at some point >> right >> because it has gone on since June and
One thing and another >> there have been uh people refusing to cooperate and all other things. That's not the only matter that's got an executive session.
>> We're We're having a discussion, sir.
>> Would you please please you're not making matters better >> to answer Jeff's question? Please.
>> Okay.
>> In here, it gives you all the guidance as far as executive session.
>> Okay. [clears throat] >> Like the date, time, topic, because it's on the agenda, the topic. And then whoever is responsible for taking those notes takes those notes, but they're confidential [clears throat] and they're kept in a confidential cabinet.
Okay? So, and then eventually when the matter is closed, like say the building inspector, we we negotiated his contract or Marty we negotiated his contract.
Once that matter is closed and done, it's supposed to come before the board.
We review it and say, "Okay, this matters." We approve the minute meetings or the executive minutes like we do our regular thing and then we vote to release it, >> right?
>> Make it public, >> but it's like step by step. As far as the executive session, it's in here what we're supposed to do. That's all. So, we will answer your question more specifically if you're looking for more information kind of that doesn't help.
>> Mr. Chair.
>> Yes, ma'am.
>> Can I address some of the comments that were made about the town administrator?
>> I'd rather let's skip that. I mean, if it's out there, rude, whatever. I don't know what we can do about it.
>> Well, it was actually about the history of the conversation am I here. I just want to clarify something, >> please.
>> Um, so my contract doesn't say anything about executive session. I mean, you have a chief administrative officer, you know, the clerical duties yet. It's a part of every job. It is what it is, but that's not the function of a chief administrative officer. Every board and commission has a clerk that t that helps
Take the minutes. I will always help and you know that. And I was helping the the former chair. If there's another issue, I will absolutely help where I can. So, just let me know what you need from me.
>> Thank you.
>> I'll Mr. Chair, I'll reference the meeting so you can look it up on YouTube where she makes these statements.
>> Okay.
>> All right. Thanks. That'll be >> for the record. That's all. You know what I mean? Because >> how how is it fair to somebody on this board? I've been in this position for a year as a clerk.
>> And then find out later I'm the one responsible for making these notes. Just like Jeff, you didn't find out you needed to take meeting minutes until whatever executive session.
>> Yeah.
>> And we had a few.
>> I mean, how is it fair to if we don't know our responsibilities up front when we come on this board? How are we supposed to execute them if we're completely unaware of them? And we have an administrator and we have an executive assistant and they're supposed to administrate.
So, we need to clarify exactly roles and responsibilities cuz according to the YouTube video when she got hired, yep, I'll do this.
That's a statement. So, >> I'm sure I did, but the chair at the time was doing them and she wanted to do that. I just want to make it clear so I'm not like throwing out misinformation out there. It's it was a statement that was made.
>> I'm sure I did. I would always help but at the time she was taking them and you know that >> and that's what she wanted to do when I was >> a year and a half later it's it's the clerk. Well, I was a clerk for a year, sir. So, I didn't take any notes.
>> Thank you.
>> Oh, [laughter] that makes me feel a little better.
>> Well, I'm being Hey, my job. So, this is my responsibility. Had I known, I would have definitely taken it.
>> Mr. Chairman, I think we can move on from this. Please >> before we move on. All right, Jeff, are you since you have the complaint in here, are you going to accept this?
Thank you. Please, >> if you guys want to work on it, I'll let you work on it.
>> I'm not I'm not looking to Look, I don't want to go to the attorney general. You guys might think otherwise. I want you to do your job.
>> I'll try harder.
>> Thank you.
>> All right. Thank you.
Mr. Cole, >> thank you. I mentioned that I think I'd learned a little about this having been through four of the open meeting law complaints, four executive sessions, release of the minutes, etc. Um, and I would just offer that the way I understand it is that when you get the
Open meeting law complaint, which you have, you have to within maybe it's just 10 days, maybe it's 14, but you soon have to you immediately have to share with the other members of the board. Uh, and you have to respond to the complainant in writing, copy to the attorney general, and then you you you
Can delegate the response to that to the attorney or to the town administrator or to one of yourselves to actually answer that um, you know, in a fuller form, which is all maybe 30 days, deputy. And then you have a um, then you wait for their response. Um, and if it's
Or excuse me, wait for the complainant's response. If they're satisfied with the progress that's been made, it doesn't go any further. But, as happens often, it there's a follow-up complaint, not happy with the board's response, goes to the attorney general, and the attorney general then makes a decision about it.
In all decisions that we've been involved with so far, no no violation or nothing of significance. Maybe one thing was not talked about that was not an agenda, but that's that's how it is.
That's the progress. That's the timeline that you have to follow. And I would suggest that you do that because it's very clear that if you miss a step, if you don't do that response within 10 days, the complaint, it's basis for another such complaint. And these things >> follow on themselves. as to as to
Executive minutes. Um you when you go into executive session, you don't have to, but if you go into executive session to discuss the matter, yes, of course minutes are taken. They aren't released until the matter which made it confidential has ended. But however many of those there are, while they are
Outstanding and still being withheld, you mention at some point, every now and then, maybe every month or something, you mention at a meeting that we still are not reviewing the minutes from those executive sessions cuz they continue to be confidential. We did that until until the until the decisions from the
Attorney general came back saying, "Not a problem." And then we then we put the minutes out um to the public, approved them, posted them. So that's that's the process. And I'd suggest that you do need to follow it because there are people looking to get you on any violations.
>> So as soon as I can bring this executive session item to a resolution, I will do that.
>> If she's not taking the notes, then why is she in your executive session? She's never voted in and she's not on the board.
>> I don't know. It's another mistake. I guess >> actually it's part of my job to inform the select board and you're not supposed to be in the executive session. She's got to be voted in please got to stop.
>> Yes. Okay. I got it. So Mr. Chair closing.
>> We just we have to respond.
>> We have to respond to Mr. Smith.
>> We're just giving So we're going to you accept this schedule.
>> Yes. We're going to work amongst ourselves and resolve this and approve this over the next week or two or whatever couple weeks and but you're fine with you're not going to escalate.
So, we're going to write you a letter saying we acknowledge this and this is what we're going to do and we're going to reconstruct and send it.
>> Okay.
>> I I agree.
>> So, are you going to make a motion? I >> I'll make a motion. Yes. So, I'll make a motion that we approve this schedule of the open meeting minutes that we have to take care of.
>> Okay, I'll second.
>> Okay. All >> in favor?
>> I ma'am.
>> Um a letter was already sent to the complaintant that was completely lawful.
And as long as you're making a conscious effort to comply, you're not going to be penalized by the attorney general. You have to make a conscious effort. as long as they know that you're fine. So, I wouldn't get, you know, overly concerned or overly worried. I've been in contact with them quite a bit
Over this complaintant and you're making a conscious effort. So, um I stand by you.
>> See, if you don't mind, Mr. Chair, can I make one quick statement, please? have half of the issues here if if we just as a town chose to do best practices and address the things as we're moving along in current time, we we wouldn't be spending a lot of money or tying up a
Lot of people's resources to answer these questions.
>> Okay, fair enough.
>> I'm eager to have our next executive session so we can get all this stuff out in the open amongst in front of us.
>> So, moving on.
Discussion and vote on the West Brookfield ambulance contract.
>> Mr. Chair.
>> Yes, ma'am.
>> Um, so this is just an addendum to the one that we have currently with West Brookfield. When it gets to the end of the fiscal year, then we're going to really sit down. But if you notice, um, some of the positive changes, the only changes that are in here are now they are servicing our AED machines, which
They weren't before. um they're going to be providing CPR classes and yeah, it's the exact same agreement other than those language changes and then the increase um to cover the rest of the fiscal year. So,
That's that.
>> How do you feel about the Westbrook field ambulance?
>> I mo make a motion to approve the contract with the amendments.
I have questions for us, Mr. Chair.
Okay. Yeah.
>> Um, one is the $7,672 payment. Where is that money coming from?
>> We should have it in the emergency on the medical >> in the budget line. Yes.
>> Okay.
>> All right.
>> So, what about zoning plan approval?
There. You mean where the ambulances go?
>> Yeah. The CM CME does the approval of the plan of the area.
>> That's beyond us, right? It's above, >> right? But it's not it's not in this contract. It's blank.
So, I'm asking >> what we're doing is hiring.
>> We're having we're hiring with town >> the entire town. Correct.
>> Right.
So, and I'm asking did you know people in the state that approved these zoning plans, service plans approve it?
>> You know, but it must have last year, >> but we also have backup through town of Barry. We have a contract with Barry, but now we don't have a contract with Barry, >> but we still have >> mutual aid.
>> They have mutual aid.
>> There's no I'm just for clarification.
>> Should we put this aside until we get that clarified for you? Well, I would I I just want to make sure the entire town is covered.
>> The entire town is covered by Westbrook Field.
>> And there's no Okay.
>> Mr. Chair, may I add one thing? So, the police department actually have to update our 911. Um, so that's all been approved too, adjusting the vote for tonight. So, it's all said and done. But the police had to work on their end to get it, you know, into the 911 system and all that has been cleared.
One other quick question about the contract and scope. Um, exhibit A, description of services. It's blank.
>> So, that was uh it was like that in the in the last two or three contracts.
Again, this is just an this is just an addendum. Uh, the next one's going to be negotiated July 1. This is just to get us through the second half of the fiscal year. All right.
>> Yep.
>> You can stop and put this out.
>> No, no. I mean, we need coverage. So, >> I don't want to delay it any further than >> My motion stands.
>> I'll second the motion.
>> Okay.
>> And I'll get answers to my question, sir.
>> Find out the answers. Yeah.
>> Okay. Thank you.
>> All in favor?
>> I I got um for the end of the meeting as well with the national her administrator report. Thank you.
>> Um, so working on an IFB for the gravel removal at Roach Field. I'm working again with Harry Cber.
Tender project update for the sewer project.
>> Excuse me, that first abbreviation you used.
>> Oh, invitation for bid. I'm sorry.
>> Thank you.
>> Um, had a call with our financial adviser on our debt schedule and our loans. I had a call with Joe Ferguson from CMRPC on townhouse, the uh community development block grant, our IT grant, started budget meetings with departments including the town accountant, the treasurer, the conservation commission,
Recycling commission, sewer, library, town clerk, assessor, board of health, police, and fire. So, those are ongoing now with the select board chair, accountant, town clerk, treasurer, and assessor and police chief on the special town meeting. I'm working with the police department on two police grants
And um as I updated today uh one IT grant which is not for police. Uh we are currently still advertising for a wastewater treatment plant operator, a highway equipment operator, and a van driver. Uh we were supposed to hold an interview uh for a highway equipment operator. Unfortunately, the candidate
Never showed up.
I attended the Lesser Health Coalition meeting because they were going over their FY27 budget.
Attended a Zoom meeting with the Office of Rural Affairs.
Well, this week I want to recognize Holly Man, who's our town accountant, who has brought invaluable knowledge, research skills, and I call it detective work into the town's financial management. I am overly impressed with her and the and what she's been able to accomplish in such a short time. And
Having never used Vadar before, she is now teaching us a few things about Vadar. So, I'm very um happy with her work.
Important dates. Special town meeting is January 22nd, 2026 in this room at 6 PM.
And um Senator Durant and Representative Berthium were holding office hours on February 11th, 2026 from 10 to 11 also in this room.
>> That's all I have for you tonight.
>> Okay. Thank you.
>> Thank you.
>> I'm losing my hand.
>> Um can I just ask a quick question back on the IFB for the gravel removal?
>> Isn't Marty going to do that?
Well, Marty will do.
>> Oh, I mean the DPW. Sorry.
>> Unless we start shipping something off.
>> Yeah.
>> Okay.
>> So, this is for um removal and like purchasing. So, the excess that we're going to try to um recoup some money through that rout. So, um that's what that's for.
>> Okay. Cuz I I was under the understanding we have a year.
>> Yeah, we do.
>> And we already have a stockpile there.
Mhm.
>> And the DPW is going to move that outside of the solar area and harvest whatever gravel and stockpile it there for their use.
>> Am I misunderstanding something?
>> Well, I think Marty is working to find a flat space and figure out where to stash the stuff.
>> And we talked about selling some of the stuff if we can't absorb it.
>> Okay.
>> He's asked for this. This is like what he wants. He knows like this is >> he wants this. Yeah. Okay. All right.
Just trying to re remember what it looks like, you know, to go there.
>> Well, it's just a rele place to look at bars. So, >> okay.
>> So, thank you.
>> Thank you.
All right. Um, I'm going to take over the selectman round table here to start.
This packet came I don't know who I think you dropped them off who >> yes and I assume that Ann Barnes knows what was in it timeline on the whole broom grant and uh uh I'm uh thank you for that and
I've been in >> contact with Kimberly Robinson who runs PBPC who started administration of this grant and uh things kind of came apart and I've been talking to her [clears throat] and
We can hire them to finish. Uh they started it, they can finish it. It needs somebody from town.
I will do that.
I will bring the word. You can read these letters and at our next meeting I'll have a presentation just so that we're on the same page. We don't have to vote on this. We've already signed the contract. I just want to get it done. Um by August it goes
Out. So, we got to get going.
>> So, I've been having a good conversation with her over the last several weeks and this seems okay. So, please read this and >> okay uh bring it up next time.
>> Okay. Thank you.
>> And anything you guys want to say?
I just want to say uh with what happened up at Eagle Hill School this week, it was it was very heartening to see the mutual aid come into play and uh turned out to be over, you know, just a bunch
Of concerns, but it all these towns, all our area towns seem to contribute as well as the uh state level and very impressed with that it's it's the same sort of thing that happened with the Wheelwright uh mill fire.
Everybody came together from across the across the region and very impressed with how that came off.
>> If I could jump in.
>> Yes. I was uh with the fire department 16 years and mutual aid kicking in comes in in tears and as it gets more exciting more towns come in and start covering each other's firehouses so nobody's left unprotected and after that mill fire in
Wheel right I was a selectman I wrote 39 thank you notes to the towns that came to back uh back us up so it is a wonderful thing See, >> it really is.
>> Thank you. Um I have something Mr. Chair for the select board roundt agenda proc agenda request process under the select board roundt for the public record. I want to raise an issue regarding agenda practices. Since approximately June, I've submitted
Multiple requests to place agenda items before this board for discussion. None of those request items have appeared on the agenda. I re I've reviewed my emails and notes and compiling a timeline covering roughly six months of agenda requests and outcomes so I can
Understand whether there is a written policy or a criteria governing how agenda items requested by select board members are approved or denied. As of tonight, I'm not aware of a written agenda policy and I've not received a written explanation for the repeated exclusion of those items. I believe it's
Important for the board and the public to understand how agenda decisions are being made. For clarification, can the chair clarify whether there is a policy governing agenda requests from individual select board members? And if so, where is that policy? Where is it
Documented? I'm noting this tonight just for transparency and the public record.
>> Well, if that's a question, I'll answer that there is no policy that I know of. Uh there have been some submissions that I thought were out of date. I mean, were too late. Um if it
Over a weekend, I could have lost it.
There wasn't time to post it and some agenda submissions I sent to town council. So nothing and some I overlooked. I don't look at my email every day. I've asked you to
Call me if it's important, but that's fine. Um I mean I can call but at the same time I send emails to request stuff because this is you know for for governance purposes.
>> Correct.
>> I mean they're they're important issues, >> right?
>> Mr. Chairman.
>> Yes, sir.
>> With all due respect, Bill, the last couple times that you've said submitted your written requests, they've been after the agenda was sent uh set >> the >> Am I not correct? This last time, this last time you sent them in the I already
Had the agenda also >> in my email.
>> We [clears throat] have 48 hours before our meeting, which is Thursday at 6:30.
Up until 6:25, we can amend that agenda.
I've sent requests on Wednesdays. I've sent requests on Mondays. I've followed up on omitted requests on Thursdays and they never get on the agenda.
>> Never.
>> They haven't.
The only thing that got on the agenda this week that I requested out of the four items was the poll hearing. That was a reminder cuz the original agenda I saw didn't have the poll hearing. So, it was just a friendly reminder to put it on there >> because to tell you the truth, I I read
Your agenda items. I have no pro. I would like to see those discussions take place >> personally, but like I said, my from my perspective, I see them coming in just after the agenda has been has
>> no >> been sent to me. There may still be time to change that agenda. Yes.
>> So, but when do we set the agenda?
>> Because we have 48 hours to amend it.
So, if I'm sending an agenda request on Mondays or Tuesdays or Wednesdays or even Thursday morning at 9:00 a.m., is that not ample time?
>> See, is that not enough?
>> It's ample time.
>> Is that >> That's ample time.
>> Okay. So, the only thing you might see on the email chain that you might be confusing or perceive is when they follow up and say, "Why was this omitted from the agenda? Why was it not placed on it? a followup question to my request >> after the meeting >> after after the deadline. So if the
Deadline's Thursday at 6:30 p.m. Friday morning at 9:00 a.m. I send it out saying I requested these items and for whatever reason they were omitted.
Please let me know why kind of thing.
But every every request has been well in advance of that 48 hour timeline.
>> From my understanding, it's the chairman who sets the agenda. Correct.
>> Supposed to be. Yeah. Doesn't always work out that way, but yeah.
So, I'll >> I don't mean to replace, but >> no, it's my thing. I'm it. Um, I just came in Thursday and well, for no particular reason, that's the best I could tell you.
>> Okay, fair enough. So, thank you, >> Liz.
>> Well, where does that leave citizens who want to get something on the agenda?
>> Anytime it comes in before Thursday morning, it goes on the agenda.
>> No, it doesn't.
>> It doesn't.
>> I've requested several times to have things on the agenda and they've been ignored.
>> Do we have to put everything on the agenda that comes in? Honestly, >> I don't know.
>> In full transparency >> within reason.
>> Yeah, I think so.
>> Within reason.
>> Within reason. Yes. I mean, and if if and and and let's use just use the townhouse as an example. Okay.
Ann should be able to put that on the agenda to discuss exactly what's going on with the bids, even if that's just a twominute thing. Okay.
And if it doesn't and if it's a matter of you sit there and say, "Well, we're working on it and we're going to deal with this in the in the future and should have it on the next meeting." Say, "What's going on with the townhouse?" And the B and the way I look at it as a citizen, that's to keep you
Guys to from finishing the task or to make you guys finish the task >> because unless then you won't have to have it on the agenda anymore. May I >> make a comment, Mr. Chairman? Of course.
So an agenda credit request comes in say Thursday morning. Okay, you have that option to say you know what the agenda is full but we will put it on the following meeting whenever that next following meeting is and we should have a lot of requests >> and that's fine
>> and and so and a quick email hey sorry I got an acknowledgement I got your email but this agenda is full. next meeting is it's this date and it will be on that agenda. That's how >> and that's fine. I think all I mean and me as a citizen I would be perfectly happy with that but being ignored and no
One saying anything to you it's a different situation.
>> I try to keep a I don't know what to say. Sometimes it's overwhelming.
>> Well, >> I get it, sir.
I I mean I I get it, Eric, but but you know, no offense or anything, Eric, I get it that it's overwhelming, but you sit up there and you say, "Well, I'm not I don't look at my email." >> Well, that's why it's overwhelming. If you look at your email, maybe you could deal with it when it came in.
>> I only look at the email once a day now, first thing in the morning.
>> Well, gee, I wish I could just do that myself. Of course, it won't work that way. It's not a bad idea, but I wish I could do that, too. [laughter] >> We're not watching them go to up until 10:00 if we go to bed.
>> Are we done?
>> I I think so. Are we we good, Mr.
>> I make a motion to adjourn?
>> I'll second that motion. All in favor?
>> I have some stuff for you guys.
>> Okay.
[00:00:00] Pledge allegiance to the flag of the [00:00:02] United States of America and to the [00:00:04] republic for which it stands. One nation [00:00:07] under God, indivisible, with liberty and [00:00:10] justice for all. [00:00:21] Pretty noisy. [00:00:23] All right, we have a public hearing to [00:00:25] start. [00:00:27] These are called poll hearings. [00:00:30] In accordance with the provisions of [00:00:32] section 22, chapter 1666 of the [00:00:35] Massachusetts General Laws, you are in [00:00:38] accordance with the uh you are hereby [00:00:40] notified that a public hearing will be [00:00:42] held at the Hardwick Municipal Office [00:00:45] building 307 Main Street, Gilbertville, [00:00:47] Mass. On Monday, January 12th, 2026 at [00:00:52] 6:30 p.m., the Hardwood Select Board [00:00:55] will consider a request to give [00:00:57] permission to the Massachusetts Electric [00:01:00] Company doing business as National Grid [00:01:03] and Verizon New England, Inc. to locate [00:01:06] poles, wires, and fixtures, including [00:01:09] the necessary sustaining and protecting [00:01:12] fixtures along and across the following [00:01:15] public way, Barry Road. Anybody [00:01:20] here to speak to this? [00:01:22] >> Ed Kel with National Grid. [00:01:24] >> Thank you, [00:01:26] >> Mr. Chair. [00:01:27] >> Yes. [00:01:27] >> Um, so the voters have been notified and [00:01:30] the public hearing was posted in [00:01:32] accordance with the national law. [00:01:34] >> Thank you. And at what point on Barry [00:01:37] Road are we talking? [00:01:38] >> Uh, at the intersection of Pine Street. [00:01:40] >> Okay. [00:01:41] >> Which, uh, we were here about 5 years [00:01:43] ago for petitioning about the same hole. [00:01:45] It just never went in. Um, it was part [00:01:48] of, I believe, a fiber project or [00:01:50] something going on in the area that fell [00:01:51] through and now it's going in for a new [00:01:53] home in the same location. [00:01:55] >> Okay. [00:01:55] >> Too much time's passed so we wanted to [00:01:57] come back. [00:01:58] >> Thank you. [00:02:00] Anybody here want to speak against this? [00:02:05] >> Anybody want to speak for it? [00:02:09] >> Yes, ma'am. This is not quite either, [00:02:12] but when you publish where a poll [00:02:15] hearing is, when a poly hearing is going [00:02:17] to be, publish about where it's going, [00:02:20] Barry Road is miles long, and I wouldn't [00:02:24] necessarily be interested in the Pine [00:02:28] Street one, but if it were going by the [00:02:30] Common, I would be very interested in [00:02:33] getting other people there. [00:02:35] >> Okay. Thank you. The posting does say um [00:02:38] 66 ft southwest of the center line of [00:02:41] the intersection of Pine Street. Okay. [00:02:43] So, it's just not in the [00:02:45] >> not in the narrative at the beginning, [00:02:48] right? [00:02:48] >> It's not on the agenda. [00:02:51] >> So, that the public wouldn't know. [00:02:53] >> Ma'am, you had a question? [00:02:55] >> No, I just wanted to say that this is my [00:02:57] house that they're putting in this [00:02:58] property for this property. [00:03:01] >> So, you're all for it? [00:03:02] >> I've been waiting and waiting. [00:03:03] [laughter] [00:03:05] Electricity. What's the matter? [00:03:06] >> Yes, it's cold. It's cold. [00:03:09] >> D was just sitting there. [00:03:10] >> Yeah. [00:03:12] >> I would seek a motion move to approve [00:03:16] the pole at uh Barry Road [00:03:22] uh 66 ft from uh Pine Street. [00:03:26] >> What's the Okay. Or no, sorry. What's [00:03:28] the number of the house? [00:03:30] >> 1827. [00:03:35] I'll second the motion, Mr. Chairman. [00:03:37] Thank you. [00:03:38] >> In favor, [00:03:39] >> I going to do that. [00:03:40] >> So, I'll just for you guys to sign at [00:03:41] the end of the meeting. [00:03:42] >> Okay, Mr. Cole. [00:03:44] >> Yeah, perhaps a moment late, but now I [00:03:46] realize what that poll is. And uh it [00:03:48] just occurs to me that's if I'm not [00:03:50] mistaken, um where the where the pump [00:03:52] house is for the tent. [00:03:54] >> Yeah. So, the I just want to be make [00:03:58] sure that there's nothing planned about [00:03:59] the pump house, the sewer system there [00:04:01] that would that would later [00:04:04] So I [clears throat] guess the pole [00:04:05] wasn't put right where it needed to be. [00:04:07] So if there's work going to happen maybe [00:04:11] I don't know is the pole close to the [00:04:12] the pump house. [00:04:14] >> Okay. No, the pump the pole is going to [00:04:16] be about there's a an asht tree in the [00:04:18] front of the property. It's to the left [00:04:21] of that. So it's not in my near pump [00:04:24] house at all. It's in my It'll be right [00:04:26] in my front yard. [00:04:28] >> Great. Thank you. [00:04:29] >> Yeah. [00:04:31] >> Okay. [00:04:32] Everybody all right? Thank you, sir. [00:04:35] Thank you. [00:04:39] >> Visitor comments. [00:04:41] >> Mr. Chair, would you mind just closing [00:04:42] the public hearing? [00:04:44] >> Oh, thank you. [00:04:46] >> Move to close the public hearing. [00:04:48] >> I'll second motion. All in favor? [00:04:50] >> I. [00:04:51] >> Thank you. [00:04:55] >> Visitor comments. Yes, ma'am. I'd like [00:04:58] to ask just [00:05:00] what progress has been made getting the [00:05:03] grant uh published. If [00:05:05] >> I could jump in, I have news. [00:05:07] >> Oh, [00:05:08] >> okay. I couldn't get on the agenda, so [00:05:10] I'm going to leave it for the selectman [00:05:12] round to [00:05:13] >> Okay. [00:05:14] >> Thank you. [00:05:15] >> Will there be phys can we make comments [00:05:17] regarding that once? [00:05:19] >> Sure. [00:05:19] >> Okay. Thank you. [00:05:23] >> Yes, sir. [00:05:28] I'm speaking, this is Jeffrey Smith, [00:05:30] Upper Church Street. I'm speaking [00:05:32] tonight with profound frustration and [00:05:34] urgency about the persistent failures [00:05:36] and transparency, legal compliance, [00:05:39] accountability, and governance that have [00:05:41] undermined our town throughout 2025. [00:05:44] These form a trouble troubling pattern [00:05:46] of secrecy, unilateral actions, neglect, [00:05:50] favoritism, and disregard for the law [00:05:52] that demands immediate correction. [00:05:55] I have submitted an open meeting law [00:05:56] complaint to this board regarding [00:05:58] missing and incomplete minutes. Now on [00:06:00] tonight's agenda, [00:06:02] under Mass General Law 3 Chapter 3A [00:06:05] sections 18 to 25, public bodies must [00:06:08] create accurate minutes for all [00:06:09] meetings, including executive sessions, [00:06:12] and make them available promptly with [00:06:14] executive minutes reviewed periodically [00:06:16] for release. Yet in 2025, minutes are [00:06:20] missing or incomplete for multiple [00:06:22] regular select board meetings and none [00:06:24] exist for approximately 20 executive [00:06:26] sessions. This violation blocks public [00:06:29] oversight and erodess trust. I expect a [00:06:33] substantive response and full compliance [00:06:35] commit and a full compliance commitment [00:06:37] tonight otherwise I will escalate to the [00:06:39] attorney general to align Hardwick with [00:06:42] neighbors like Barry which records [00:06:44] select board planning board and finance [00:06:46] committee on YouTube and North [00:06:48] Brookfield which adds the board of [00:06:50] health school committee and town [00:06:51] meetings. I urge this board to adopt a [00:06:55] policy requiring audio video recordings [00:06:57] and YouTube posting of all meetings and [00:07:00] of boards, committees, and commissions. [00:07:02] Hardwick already streams some select [00:07:04] board sessions on Hardwick TV. Expanding [00:07:06] this is a simple step for [00:07:08] accountability. I seek a commitment [00:07:11] tonight to develop and adopt this policy [00:07:13] promptly. [00:07:14] The town administrator's conduct is [00:07:16] unacceptable. She uses her personal [00:07:19] phone for official business while [00:07:20] refusing to use a townish issued device [00:07:24] to evade public records requests despite [00:07:26] Massachusetts law covering such [00:07:28] messages. She admitted to me and [00:07:30] confirmed to the town clerk that she [00:07:32] deleted text messages in response to [00:07:34] requests appearing delighted about doing [00:07:36] so. This willful destruction of public [00:07:39] records. [00:07:40] >> Excuse me, sir. [clears throat] the uh [00:07:43] you're throwing a lot of your feeling [00:07:45] into this about she seemed to be I'd [00:07:48] like to get a letter. [00:07:51] I'm not comfortable [00:07:54] tearing apart the town administrator's [00:07:58] reputation. [00:07:59] >> Frankly, I don't give a damn. You can [00:08:00] let me finish. [00:08:02] >> I could. [00:08:04] >> Thank you. The willful destruction of [00:08:07] public records risk legal penalties and [00:08:09] town liability. She also has misused [00:08:11] town council to obstruct requests [00:08:13] without board input. Within her first [00:08:16] six months, she demanded and received a [00:08:18] raise while long- serving employees wait [00:08:20] years, then pushed to hire a personal [00:08:22] personal friend as treasurer and [00:08:24] overrode the board's approved candidate [00:08:26] for town accountant to install her [00:08:28] preferred individual. These [00:08:30] favoritismdriven decisions prior [00:08:33] prioritize personal connections over [00:08:35] merit and fairness. combined with her [00:08:37] unilateral signing of the Zikos contract [00:08:40] wasting resources on unsellable [00:08:42] buildings due to unadressed deed [00:08:44] restrictions shows a lack of integrity [00:08:48] and oversight. The town administrator [00:08:50] should be terminated immediately for [00:08:52] this pattern of conduct. [00:08:53] >> What should I do? [00:08:54] >> The chair's leadership is equally [00:08:56] deficient. No promised personnel meeting [00:08:58] occurred last summer or fall. [00:09:04] We recommend that you submit your [00:09:05] paperwork to the board and we'll put it [00:09:07] in the record. [00:09:07] >> I'm not happy televising somebody [00:09:10] ranting somebody else's personality. [00:09:13] >> Mr. Chair, I've been here and asked [00:09:14] these things of you. [00:09:16] >> I know. [00:09:17] >> And they're not being done. How else am [00:09:19] I supposed to address you? You won't [00:09:20] talk to me personally on the phone. [00:09:22] >> No. Thank you. [00:09:23] >> So, here we are in a meeting now, right? [00:09:25] >> Would you like to talk to me outside of [00:09:27] a meeting now [00:09:29] >> with a witness? Sure. [00:09:30] >> I have invited you to bring witnesses. [00:09:32] Okay. [00:09:34] I will refrain for now. [00:09:36] >> Thank you. Thank you. [00:09:41] >> Anybody else? [00:09:44] >> Yes, sir. [00:09:45] >> Thank you. Um, I had seen what I guess [00:09:48] Mr. Smith just referred to on the [00:09:50] agenda. That's part of why I came [00:09:52] tonight. So, two open meeting law [00:09:54] complaints. [00:09:55] >> Could you stand by for a sec? [00:09:57] >> Yes. [00:09:58] >> Just one word. Um, is Bill Cole [00:10:00] representing the planning board tonight [00:10:01] or is he speaking as a city staff? [00:10:05] >> It doesn't matter. I'm just [00:10:06] >> No, I'm just curious cuz you're the [00:10:08] chair of the planning board. So, I just [00:10:09] want to be clear for the public. Either [00:10:11] you're representing yourself tonight or [00:10:13] when you're representing the planning [00:10:15] board, please address it like I'm [00:10:16] addressing, you know, I'm chair of the [00:10:18] planning board and I'm addressing [00:10:19] >> when I'm representing the planning [00:10:20] board, I will absolutely do that. [00:10:22] >> Okay. Thank you. [00:10:23] >> On Bill Cole, Peterson Road. [00:10:27] Um, so as I looked at the agenda, I saw [00:10:30] these mentions of the open meeting laws [00:10:32] and um [00:10:34] um I [00:10:36] wondered [clears throat] how much of [00:10:38] this has been going on um and what it [00:10:41] cost the town and particularly what the [00:10:43] public records requests are. Um so I see [00:10:47] here that there's other ones. I don't [00:10:49] know of other ones other than four which [00:10:51] have involved me personally on the board [00:10:54] on the planning board and on the master [00:10:56] plan steering committee. So I I just [00:10:58] know about those and I I wondered uh we [00:11:02] handled [00:11:03] they can be handled through executive [00:11:05] sessions or they can be handled [00:11:07] otherwise but they have to be handled [00:11:09] right. I think we've done that. But I'm [00:11:10] going to later wonder what you how this [00:11:13] board is handling those. And again, in [00:11:15] the context of what the town has spent [00:11:19] in terms of resources, legal resources, [00:11:22] and time, I'm curious about that because [00:11:25] I think the public records of Quest, I [00:11:29] don't know the magnitude of that, but I [00:11:31] know I've been in to see various [00:11:32] officials who are backed up on their [00:11:34] work because they are [00:11:37] they've got multiple requests from the [00:11:39] same individuals for public records [00:11:41] requests that are that have to be acted [00:11:44] on. So, I'm I'm wondering where our [00:11:48] legal budget is to date compared to what [00:11:51] I think was only $25,000 what was [00:11:54] approved at the last meeting. How much [00:11:57] time [00:11:59] is spent by the town [00:12:01] um handling these things? And I suppose [00:12:05] also what what's come of it. I I know [00:12:08] they're the negative things. that see I [00:12:10] know people who don't want to get [00:12:12] involved in committees or don't want to [00:12:14] run for office because they expect the [00:12:17] pattern of repeated public record [00:12:20] requests which can extend to private [00:12:23] emails. Um the time all of that is is is [00:12:28] demoralizing to a lot of people in town [00:12:30] and I think it's expensive. So I want to [00:12:32] know if if there's any sort of [00:12:35] accounting available so people in town [00:12:37] can know the magnitude of this [00:12:41] pretty much barrage of public records [00:12:44] requests that have come to the board. [00:12:48] >> I'm going to answer something. [00:12:50] >> All right. Uh I had to deal with an [00:12:52] ethics complaint and uh when I got [00:12:56] through with that um [00:12:59] successfully [00:13:01] I did ask if there was any threshold if [00:13:03] there was a a point at which [00:13:08] too many you know if there's a limit and [00:13:10] there isn't. So legally complaints can [00:13:15] happen you know a dozen a day. So, as [00:13:19] far as I know, that's what I know. [00:13:23] >> Yes, sir. [00:13:24] >> Mr. Chair, um I've requested in the past [00:13:26] to put this on the agenda as far as [00:13:29] review the legal the whole legal process [00:13:32] and what the bills stand like where we [00:13:34] currently stand. I mean, we can ask the [00:13:36] accountant for a report of what was [00:13:39] actually spent versus what's budgeted [00:13:40] and what we have remaining. [00:13:41] >> You like to see that at the next [00:13:43] meeting? [00:13:43] >> Yeah, I would like to see that if the [00:13:44] board would like to see that. [00:13:46] >> Mr. Mr. Chair, may I address just a [00:13:47] couple things in Mr. uh Cole's um [00:13:50] comments and questions? Um I can say [00:13:53] that in the last year uh Mr. Smith has [00:13:55] filed 18 public records requests and I [00:13:58] believe six or eight open meeting law [00:14:00] complaints. That doesn't mean that the [00:14:01] town has been uh found to have violated [00:14:04] anything. In fact, more often than not, [00:14:05] the town has not. Um but yeah, that [00:14:08] takes up a lot of time and resources [00:14:10] from the town. And I can say confidently [00:14:12] that onethird of the $25,000 has been [00:14:15] spent on Mr. Smith's company. [00:14:17] >> We're trying to leave names out of [00:14:19] >> Oh, just, you know, so you know where we [00:14:21] are financially. Um, [00:14:24] >> a concerned citizen. Yes, sir. [00:14:26] >> Ma'am, [00:14:28] sorry. Um, I I [clears throat] think [00:14:30] that a lot of this could be uh avoided [00:14:35] if we did indeed demand that all [00:14:39] committees and all commissions and all [00:14:43] boards had um Zoom or or YouTube or [00:14:48] whatever. Um, you know, we it's very [00:14:51] easy to set up and as I said to Mr. [00:14:54] Smith earlier. Um, we have already [00:14:56] addressed it in the historical [00:14:57] commission and we're going to go forward [00:15:00] with putting something together even [00:15:02] though there's no requirement that we do [00:15:04] that and maybe nobody even wants to sit [00:15:07] and listen to anything that the [00:15:08] historical commission has to say, but [00:15:11] um, we're going to be instituting it [00:15:13] within the next couple of meetings in [00:15:15] our committee. So, I don't see any [00:15:18] reason why all boards and all committees [00:15:21] should not have that option. I'd like to [00:15:24] see each board and committee decide for [00:15:27] themselves and set that up if that if [00:15:30] they choose to do that. I find it [00:15:33] insulting myself, but [00:15:36] >> I I don't I don't see I don't see why [00:15:38] you find it insulting because there are [00:15:40] a lot of people in this town who work [00:15:43] and they get out of work at 6:00 and [00:15:45] they can't come to a meeting or or they [00:15:48] want to see what's going on, but frankly [00:15:51] they don't want to have their faces here [00:15:53] because they're afraid of what might [00:15:55] happen to them. And some people are [00:15:57] uncomfortable feel that [00:16:00] >> you know they don't want to be out in [00:16:03] everything but [00:16:04] >> or people don't want to drive at night [00:16:06] >> you know so it's not a big deal to do [00:16:09] that [00:16:10] >> Mr. share. Yes. Or you don't mind. [00:16:13] >> There's also people that, you know, they [00:16:15] have families, they're busy, they're [00:16:16] doing all these things and it takes them [00:16:18] 5 minutes to go online and say, [00:16:20] >> "What's going on? What's the latest [00:16:21] [clears throat] update?" And they're [00:16:22] looking for that. And and if they have [00:16:24] that readily available to them, for the [00:16:26] most part, they're happy. They just want [00:16:28] to know what's going on in the town. [00:16:30] >> Um and so along that lines, I' I've sent [00:16:33] an email requesting information as far [00:16:35] as like these [clears throat] cameras [00:16:37] and everything in this room as far as [00:16:39] streaming to YouTube. [00:16:41] And and that's and I've requested this [00:16:43] the the TA to find out do we own this [00:16:46] equipment? [00:16:47] >> Yes. [00:16:47] >> Okay. So, [00:16:49] >> you know, if you have that information [00:16:51] we share with the board, [00:16:53] >> um we can show people how to use this or [00:16:55] different boards if they choose to do [00:16:57] the use this. We shouldn't be paying [00:16:59] >> X amount of dollars per thing. We should [00:17:01] be able to do this inhouse through an [00:17:03] app or through something. So, and if if [00:17:06] a commission wants to do that, [00:17:08] >> they they choose to do that. [00:17:09] >> Board can do that, [00:17:10] >> right? It's not going to be like [00:17:11] mandated like you have to, but like I [00:17:14] said, people like to see what's going on [00:17:16] in the planning board. People like to [00:17:17] lo, you know, what's going on with [00:17:19] finance, stuff like that, budgets, and [00:17:22] we're all busy. Everybody has a very [00:17:24] busy life and they have free time, but [00:17:26] that free time might not be when we have [00:17:28] meetings. That's all. And if it's [00:17:30] available on the internet, they can [00:17:32] catch up. And I paid over $600 for these [00:17:35] requests. $600 I spent. So complaining [00:17:38] about costing the town money. [00:17:40] >> Can I ask what you're looking for? [00:17:43] >> You to resign. [00:17:44] >> Okay. And anything else? [00:17:46] >> Her to be fired. [00:17:47] >> Okay. And finding you'll find what in [00:17:53] all these requests? I mean, you'll find [00:17:56] you saying I should be I should resign. [00:18:01] Did you make a unilateral decision to [00:18:03] cancel the Barry ambulance contract by [00:18:05] yourself without it consulting your own [00:18:07] board? [00:18:08] >> No. [00:18:09] >> Yes, you did. You went to the the town [00:18:12] administrator of Barry confirmed you had [00:18:14] a meeting with them and you canled the [00:18:16] contract. [00:18:16] >> I don't know if there was a working [00:18:18] contract going. [00:18:20] >> Mr. Sher. [00:18:21] >> Yes, ma'am. [00:18:22] >> This man here has dedicated hundreds of [00:18:25] hours to this town and until you've done [00:18:27] the same, you really shouldn't be [00:18:28] talking. don't matter. Everyone has a [00:18:31] right to speak. This is America. Yeah. [00:18:36] We don't have to necessarily agree. They [00:18:38] have the right to speak. And sometimes [00:18:41] you don't have to listen, but you they [00:18:43] have the right to speak. [00:18:47] >> All right. [00:18:48] Where do you want to go from here? [00:18:50] >> Done. [00:18:51] >> Thank you, Mr. Cole. [00:18:54] >> Um, the planning board would like to [00:18:56] respond to a question that you had. um [00:18:58] uh asked me about hours, LPA hours. This [00:19:02] is the the local planning assistance [00:19:05] hours that the town has awarded from [00:19:07] Central Mass. 12 hours and they get an [00:19:09] extra one if you for each hour we attend [00:19:11] on a seminar or such go to a meeting. We [00:19:14] were at 18. We've used uh some of those [00:19:18] in respect to the master plan steering [00:19:21] committee [00:19:22] um assistance and oversight from from [00:19:24] them. Um and some grant money, nothing [00:19:28] from the town. And we have uh we're [00:19:31] using some presently for assistance in [00:19:34] drafting pilots. So how many are left um [00:19:40] for other planning purposes? I'm not [00:19:43] sure. But you would ask that question. [00:19:44] And I'll tell you there seem to be some [00:19:46] but not a lot. And it all resets into [00:19:48] January, excuse me, in July. Fiscal [00:19:50] year. [00:19:50] >> Fiscal year. Correct. Okay. Thank you. [00:19:56] Visitor comments. [00:20:02] Appointment of Linda Drake to the [00:20:05] recycling center. [00:20:08] >> Do we have a letter of interest? Did you [00:20:10] want to do the um [00:20:13] >> meeting minutes first? [00:20:14] >> Yeah. [00:20:15] >> Approval of minutes September 29th, [00:20:18] 2026. [00:20:19] >> I've read the minutes. Uh I make a [00:20:22] motion to approve the minutes from uh [00:20:24] September 29th, 2026 [00:20:28] as written. Well, there's one one [00:20:30] amendment to that I'd like to just add [00:20:32] into it is um the comment made by the [00:20:35] town administrator that um she sent the [00:20:38] offer to the accountant. [00:20:40] >> What page are you on? [00:20:42] >> What page am I on? Um I believe it was [00:20:44] omitted. [00:20:46] >> That's why I want to amend it and just [00:20:48] add it in. It's not a big [00:20:52] I don't have it right right. [00:20:58] Do you know where it goes, Bill? [00:20:59] >> Um, it would just go anywhere regarding [00:21:01] the accountant. Like there's an updated [00:21:03] line of the accountant. If you heard [00:21:06] anything back, you made the offer to him [00:21:08] right before that meeting. [00:21:10] >> Uh, [00:21:11] >> and so there's I know there's a [00:21:12] reference to it. [00:21:14] >> It was in the [00:21:15] >> in the 2029 meeting. [00:21:18] >> If it was in the recording, I'll go back [00:21:19] and take it. [00:21:20] >> All right. And so I'm just asking for [00:21:22] that to be amended and brought into the [00:21:24] document. That's all. [00:21:27] >> All right. Where are you? [00:21:28] >> Yeah. I don't know where you are. [00:21:30] >> Okay. I'm visit our comments. [00:21:33] >> No, it is the accountant. [00:21:37] It was an update. [00:21:44] >> I apologize. I don't have my notes with [00:21:46] me. But [00:21:47] >> do you want me to go back and take a [00:21:48] look? If you don't mind, I'll put them [00:21:50] on the next meeting. [00:21:52] So, [00:21:55] I'll see. I'll go through it. [00:21:57] >> It's just that one thing. [00:22:02] >> I'll take a look at the recording. [00:22:03] >> Business [00:22:06] release. [00:22:17] >> It's quite a long meeting. [00:22:19] >> Yeah, it is. It is. [00:22:21] So, I mean, I I can get it to you. I [00:22:25] don't actually have my notes, but I [00:22:27] mean, can we uh put it off the phone [00:22:29] next meeting? [00:22:30] >> Yeah. And I'll take a look at the [00:22:31] recording. [00:22:32] >> All right. And I'll get you. It's just [00:22:33] that one thing. [00:22:35] >> All right. We'll just withdraw my motion [00:22:37] then. [00:22:38] >> Okay. [00:22:39] >> Just table is [00:22:49] Okay. [00:22:51] Okay. So, that's tabled. Yeah. And the [00:22:54] Drake Recycling Center. Um, so you have [00:22:57] her resume in front of you. This was a [00:23:00] recommendation of the recycling [00:23:02] coordinator and I did speak to the chair [00:23:04] of the recycling commission to make sure [00:23:06] that they were on board with this. Um, [00:23:08] so I'm just looking for confirmation [00:23:10] from this board. Um, I don't have a [00:23:13] start date or anything until I get [00:23:14] confirmation from you. Um, the pay and [00:23:18] hours are [clears throat] going to be [00:23:18] the same as they are 7 hours. Um, and [00:23:22] then I'll get them I'll get this get her [00:23:24] Corey. Uh, she has been an employee of [00:23:26] the town before. Um, but we do need [00:23:28] updated information. [00:23:30] >> Um, so I'm just looking for direction [00:23:32] from this board before I proceed. [00:23:35] >> I know her and I think she's great. [00:23:39] >> Kind of read through everything. I [00:23:41] think. Yeah, [00:23:41] >> she's very qualified. [00:23:44] >> Qualified. [00:23:45] >> So, I'll make a motion to appoint Linda [00:23:47] Drake to the recycling center. [00:23:48] >> I'll second. [00:23:49] >> Thank you. All in favor? I [00:23:52] >> I [00:23:53] >> a retired ER nurse. [00:23:58] Eastman Land Trust donation [00:24:03] donation of $1,700, which is very nice. [00:24:07] I'm just looking for approval from the [00:24:09] board to accept the donation. [00:24:11] >> So moved. [00:24:12] >> I'll second. All [00:24:14] >> in favor? I [00:24:17] >> Is this pilot? [00:24:18] >> No. [00:24:19] >> Um it's a donation on on behalf of the [00:24:22] Eastland Trust. It's not they don't have [00:24:25] a pilot agreement with the town. [00:24:27] >> They've been doing this kind of regular, [00:24:28] but it it's slowly gone up over the last [00:24:31] couple of years. [00:24:32] >> Mr. Cole. [00:24:33] >> Yeah, I have a similar question. It's [00:24:35] it's it's it's a voluntary donation. [00:24:37] Correct. That was like 700 bucks last [00:24:39] year, 1,700 this year. [00:24:41] >> They've done similar things to for for [00:24:44] the benefit of other towns they work [00:24:45] with around the area. I think there's [00:24:47] eight of them. [00:24:48] >> Um and then uh [00:24:51] >> it is not a pilot. It's a voluntary [00:24:53] contribution um as I understand it. So [00:24:56] yes, [00:24:56] >> and in the past I think they had [00:24:58] indicated and the town had approved to [00:25:00] donate it or designate it toward a [00:25:02] certain purpose. Is that part of this [00:25:04] donation? [00:25:06] >> Is that what's written in the donation? [00:25:08] >> Um, it's not written in the donation, [00:25:10] but if we apply it to the pilot policy [00:25:13] we have, it would go it wouldn't fund a [00:25:16] budget. It would go into capital [00:25:17] improvements and stuff like that [00:25:19] >> project. [00:25:19] >> Yeah. [00:25:21] >> Okay. [00:25:22] >> But it's not a pilot. [00:25:24] >> No, it's not. But it is from a nonprofit [00:25:26] and it's a contribution. [00:25:28] >> Okay. [00:25:29] >> A fellow traveler. [00:25:32] Okay. [00:25:33] >> Thank you. [00:25:34] >> Sure. [00:25:38] >> And we can send a letter to him saying [00:25:40] thank you. [00:25:40] >> Yes, we can. [00:25:42] >> Uh discussion and vote on William [00:25:44] Tinker's open meeting law complaint. [00:25:47] >> Okay, sir. So, since I am the [00:25:49] complaintant about it, I'm just going to [00:25:50] recuse myself and I'll be out in the [00:25:52] hallway and just let me know when you [00:25:54] guys are done. I've been told you don't [00:25:56] need to. Well, [00:25:59] I've said everything I need to say in [00:26:00] it. So, [00:26:02] I [00:26:04] I prefer to recuse myself. So I'm going [00:26:06] to recuse myself. Okay. [00:26:13] >> I'll grab you. [00:26:14] >> Yeah. [00:26:22] >> So you'll see there's a a response in [00:26:25] front of you. I just need a vote to sign [00:26:27] it. I was questioning if you're going to [00:26:29] read this for the record soon as I can [00:26:31] find it. [00:26:34] Do you have a copy? [00:26:36] >> I do. I'm good. This is the cover sheet. [00:26:47] This is from William Tam. [00:26:51] This complaint concerns repeated [00:26:53] violations of the open meeting law by [00:26:55] the Hardwick Select Board arising from [00:26:57] its failure to properly postconvene and [00:26:59] conclude a required executive session to [00:27:01] address and close a completed personal [00:27:04] personnel investigation. [00:27:07] The select board received the [00:27:09] investigator's completed findings on [00:27:11] November 10th, 2025. As of December [00:27:14] 16th, 2025, [00:27:16] 36 days later, the board had failed to [00:27:19] convene and conclude a properly posted [00:27:22] executive session to resolve the matter, [00:27:24] constituting an unreasonable delay. [00:27:28] On November 17th, 2025, the board posted [00:27:31] an executive session with an improper or [00:27:33] incorrect stated purpose in violation of [00:27:36] the open meeting laws agenda and posting [00:27:39] requirements. [00:27:41] As a result, the meeting was cancelled [00:27:43] in its entirety, [00:27:45] eliminating the first lawful opportunity [00:27:48] to address the completed investigation. [00:27:51] On November 24th, 2025, the board [00:27:54] convened the executive sessions one and [00:27:56] two. I properly recused myself from both [00:28:00] both sessions. [clears throat] [00:28:01] Required business was not completed. The [00:28:04] executive session addressing the [00:28:05] investigation was not properly concluded [00:28:08] or adjourned. and the board failed to [00:28:11] schedule a subsequent meeting to [00:28:13] complete the matter. This constituted a [00:28:16] second failure to fully to lawfully [00:28:18] conduct and conclude required executive [00:28:21] session business. [00:28:24] [cough] [00:28:25] [clears throat] [00:28:27] Despite having a completed investigative [00:28:29] report and multiple prior failed [00:28:31] opportunities, the chair did not place [00:28:33] any executive session item relating to [00:28:36] closing the investigation on the agendas [00:28:38] for the December 8th, 2025 or December [00:28:41] 16th, 2025 select board meetings. The [00:28:45] continued failure to agenda this matter [00:28:47] lacks justification and further extends [00:28:50] the unreasonable delay. As a recused [00:28:53] elected official pursuant to MGL chapter [00:28:56] 268A, [00:28:58] I am prohibited from requesting agenda [00:29:00] items [00:29:02] communicating with the chair regarding [00:29:04] this matter or otherwise influencing [00:29:07] scheduling or deliberations. The board's [00:29:10] repeated failure to act has therefore [00:29:12] deprived me of any procedural mechanism [00:29:14] to obtain closure of a completed [00:29:17] investigation. [00:29:18] The board's conduct demonstrates a [00:29:21] pattern of non-compliance with open [00:29:22] meeting law requirements, including [00:29:25] improper agenda posting, failure to [00:29:27] conclude executive sessions, and [00:29:29] unreasonable delay in addressing [00:29:31] executive session business. These [00:29:34] violations have paired due impaired due [00:29:37] process, frustrated the purposes of the [00:29:40] open meeting law and undermined public [00:29:42] confidence in the board's governance. [00:29:46] So, um, [00:29:50] most of this is addressed to me. Um, I [00:29:54] had a real hard time dealing with this. [00:29:58] Uh, this started on the 2nd of June. I'm [00:30:02] still not clear how much I'm legally [00:30:04] able to talk about it in public. Um, and [00:30:09] uh, I guess what I need to do is [00:30:11] schedule another executive session and [00:30:15] close this out. Uh, had non-compliance [00:30:19] with the principles. Um, again, [00:30:23] this has been going on for a long time. [00:30:26] So, I'm going to leave it at that. [00:30:29] schedule an executive session and you [00:30:32] can have my scalp. Sir, [00:30:33] >> Mr. Chair, [00:30:34] >> yes. [00:30:35] >> Um, [00:30:37] the [00:30:39] issue at hand is not an open meeting law [00:30:41] violation. Um, and I would [00:30:44] >> the complaint. [00:30:45] >> Uh, no, it's not. It's you've complied [00:30:48] with the open meeting law. Um, anything [00:30:51] else can be, you know, brought up to the [00:30:52] attorney general and I'm confident that [00:30:54] it'll be the same outcome that we've [00:30:56] that we've complied this far with this [00:30:57] particular complaint. [00:30:59] urge you to sign the letter [00:31:00] >> and please uh put on the next agenda uh [00:31:05] an executive session so that we can [00:31:08] >> Mr. Chairman this up. Yes, sir. [00:31:10] >> I was part of that executive session on [00:31:14] November 24th and my notes [00:31:19] we pretty much concluded [00:31:22] the executive session. [00:31:24] >> Right. That's the way I remember it too. [00:31:27] But we'll have to we'll have to have [00:31:29] another executive session. [00:31:31] >> It's either that or I just rule [00:31:32] unilaterally. [00:31:34] >> Yeah. You don't want to do that. [00:31:35] >> No. [00:31:37] >> Okay. Again, I I my recollection, my [00:31:41] notes say that uh we concluded that [00:31:45] executive session and no further action [00:31:48] was necessary. [00:31:49] >> So, that would be closing it out. [00:31:52] >> Well, it has to be announced to public. [00:31:54] >> Excuse me. It does not actually. Uh, all [00:31:56] right. Stop. Enough. I didn't know if [00:31:59] this was going to come up. I didn't know [00:32:01] if it was going to be able to come up. [00:32:03] I'll find out. I'll talk to the lawyers [00:32:06] again. Thank you. [00:32:10] Um, all right. [00:32:14] Ah, discussion and vote on Jeffrey [00:32:16] Smith's open meeting law complaint. Do [00:32:18] >> you want me to get Bill? [00:32:19] >> Are you u complete or you want to go at [00:32:22] it or [00:32:23] >> I'd like to know what's going to be done [00:32:24] about it? [00:32:25] Well, [00:32:27] what's the complaint in [00:32:29] >> You have you have it in front. [00:32:30] >> Please explain to me. [clears throat] [00:32:33] >> You're missing meeting minutes from back [00:32:34] in February and there's a couple in the [00:32:37] spring. Almost everything since [00:32:39] September 16th, which we didn't get done [00:32:41] tonight. And 20 executive sessions this [00:32:44] year. No meeting minutes whatsoever. No [00:32:47] discussion of them. No checking in on [00:32:49] them. Nothing. [00:32:51] >> Okay. Well, in my mind, this the reason [00:32:54] for the these executive sessions was [00:32:56] never finally resolved. [00:32:58] >> You still are required to do it [00:33:00] periodically and review them [00:33:01] periodically and vote on them [00:33:03] periodically, [00:33:04] >> but not put them public until until it's [00:33:08] legally closed. [00:33:09] >> That's that is that's correct. But [00:33:12] >> but you still have to do actions with [00:33:14] them and they still have to be in [00:33:15] motion. You've taken no votes on [00:33:17] executive meeting minutes at all in all [00:33:20] 20 of them are outstanding. All 20? [00:33:23] Cuz that seems like a real problem in [00:33:24] and of itself, doesn't it? [00:33:26] >> Well, to you, to me, I just [00:33:30] fine. [00:33:35] You know what to say. [00:33:36] >> So, Mr. Chair, [00:33:38] >> sorry, Mr. Chair, if you don't mind, [00:33:41] I'll I'll contribute to this a little [00:33:43] bit. Okay. [00:33:45] um put together an Excel spreadsheet [00:33:47] that addresses Mr. Smith's concerns [00:33:50] about the open meeting law and the [00:33:52] transcripts and so [00:33:56] we can come up with a plan as far as [00:33:57] addressing them but some of the stuff [00:34:01] um the first three all right I have this [00:34:04] I didn't have a chance and I apologize I [00:34:06] didn't [clears throat] have a chance to [00:34:07] share it but I put it together so it's [00:34:09] easily followed I'll share it with the [00:34:11] board but the first three they're done [00:34:15] but the problem is is when you go to our [00:34:17] official website and you click on the [00:34:19] meeting minutes with a PDF. [00:34:20] >> Mhm. [00:34:21] >> It's blank. So, whoever like however it [00:34:25] got uploaded or whatnot, it's just [00:34:26] blank. And that's a quick fix. Okay. So, [00:34:29] there's three out of the way of the open [00:34:31] ones. Okay. Um and then the next one I [00:34:36] put it uh February 2018 the open. Um [00:34:41] there was nothing for that. So, here's a [00:34:43] whole list and it's not, you know, it's [00:34:47] not too too bad. And if we just address [00:34:49] it, put it together and [00:34:52] just whip it together and approve them. [00:34:56] I mean, [00:34:58] >> is that a motion? [00:35:01] >> Well, I mean, it's a solution. I mean, [00:35:02] we we have to address this and so we [00:35:06] have to find the missing meetings, [00:35:07] >> right? And and we can go through [00:35:09] YouTube. We can pull down the [00:35:11] transcript. We can review it. [00:35:13] >> Executive session wouldn't be on [00:35:14] YouTube. [00:35:15] >> No, I know that. [00:35:16] We'd have to go through notes. There [00:35:18] should be notes. [00:35:20] >> The the former chair should have some [00:35:22] notes of the previous ones for last year [00:35:25] and then some ones for this year. [00:35:28] >> Okay? [00:35:28] >> And we address it and we'll, you know, [00:35:30] we can start approving these at our next [00:35:33] select board meeting, new open ones. And [00:35:36] these ones can be fixed probably [00:35:38] tomorrow. The first three, [00:35:40] >> right? The the first three. [00:35:42] >> The first three. [00:35:44] >> Yeah. which is just so we're clear it's [00:35:47] glitches. [00:35:47] >> Yeah. January 13th, 2025, [00:35:51] >> January 27th, 2025, and February 10th, [00:35:56] 2025. They're all on the website. [00:35:58] They've all gone through the approval [00:35:59] process. It's just the wrong PDF file [00:36:02] got loaded to the website. That's it. [00:36:05] >> And then the rest of those [00:36:07] >> Then the rest of them [00:36:08] >> are just we we have to approve. [00:36:10] >> We have to generate them and approve [00:36:12] them. Yes. Right. So, but that's [00:36:16] >> Mr. Chair. [00:36:16] >> Yeah, [00:36:17] >> I can check with the former chair on [00:36:19] Friday about before uh Jeff's time [00:36:25] and see what she has if you want me to. [00:36:28] >> Okay. And I'll talk with uh Julie [00:36:30] Marquette. [00:36:33] So the TA would have to find Yeah, you [00:36:37] can take this and I'll share with the [00:36:39] board, but you just have to find a PDF [00:36:41] file for those three meetings. [00:36:42] >> Can you send it to me? [00:36:44] >> I don't have the PDF file. [00:36:45] >> No, I know that. [00:36:46] >> But you can you can have it. I'll send [00:36:48] the whole Yeah, I'll send a digital file [00:36:50] of that. [00:36:51] >> Okay, good. Okay. Yep. [00:36:54] >> Very good. All right. And so [00:36:57] >> that will address [00:36:59] >> most of it at least. The executive [00:37:01] sessions I think are still kind of [00:37:04] >> Yeah, the executive sessions are going [00:37:06] to take a little bit, but as I said, I [00:37:09] don't know if you were in the room, I [00:37:10] don't feel that that the reason for that [00:37:13] executive session string was ever [00:37:16] resolved. You talk about it in your [00:37:19] complaint to me. So, um, [00:37:21] >> Right. Right. That's an ongoing that [00:37:23] still remains confidential. [00:37:25] >> We have to have a executive session to [00:37:27] finish. [00:37:27] >> Okay. if we can get the principles at [00:37:31] the table. [00:37:33] >> Yes, ma'am. [00:37:35] >> You know, as a citizen listening to this [00:37:37] and a taxpayer, [00:37:39] it it just [00:37:41] someone's not doing their job [00:37:44] and whoever has oversight over those [00:37:46] people not doing their job is not doing [00:37:48] their job. Okay? And that's [00:37:51] unacceptable. [00:37:53] >> Thank you. So whoever is not doing their [00:37:56] job needs to start doing their job and [00:37:59] the buck stops at the three of you. You [00:38:01] should be over you should be overseeing [00:38:04] to make sure all of this stuff is done. [00:38:05] >> That's correct. [00:38:08] >> Mr. Chair, I think going [00:38:09] >> failing at that. Correct. [00:38:11] >> Thank you, [00:38:12] >> Mr. Chair. I think just going forward [00:38:14] the three of you need to decide about [00:38:16] executive sessions because before I [00:38:18] guess when I got on it was the chair at [00:38:20] the time who was doing them but I think [00:38:22] the three of you need to decide [00:38:24] >> going speaking [00:38:26] >> excuse me [00:38:26] >> the queen has spoken. [00:38:29] >> I appreciate your input. [00:38:33] >> I love it when she gives you orders [00:38:35] >> for [00:38:37] Mr. Chair transparency. [00:38:40] Yes, sir. [00:38:43] We need to figure out roles and [00:38:46] responsibilities here because [00:38:49] town administrator is the town [00:38:50] administrator supposed to administrate [00:38:52] these things and make sure they're done. [00:38:56] She runs the dayto-day. We we do the [00:38:58] directive oversight stuff like that. [00:39:01] Give her direction. [00:39:03] So I was the clerk of this board for the [00:39:06] executive session for the whole first [00:39:07] year. And I was told through the chair, [00:39:10] the chair would going to write these [00:39:11] notes. But also when Justine first came [00:39:14] on or the town administrator first came [00:39:17] on, she said she was going to handle [00:39:18] these executive sessions, her contract, [00:39:21] the building inspector and one other. [00:39:24] And then down the road when we have an [00:39:26] issue with this and it's our fault [00:39:28] because we didn't follow up. We'll take [00:39:30] responsibility for that. But now it's [00:39:33] it's not her responsibility. So [00:39:37] how is this shift? who's making these [00:39:39] decisions and deciding what's the [00:39:41] responsibility, whose role is it? We [00:39:44] need to clarify that so we don't have [00:39:46] this issue going forward. [00:39:47] >> I think these are lapses myself. [00:39:51] I mean it I mean certainly I am failing [00:39:54] to follow up and work this job the way [00:39:56] I'm supposed to. But you know that's [00:40:00] where the buck stops. I don't know [00:40:03] >> Mr. Chairman. [00:40:04] >> Yes sir. What is exactly supposed to [00:40:08] happen to close out these exe executive [00:40:10] sessions? [00:40:12] Well, [00:40:12] >> we have to [00:40:13] >> How are the minutes of an executive [00:40:16] session supposed to be [00:40:19] recorded, posted, saved, whatever. [00:40:22] >> Finally, they become posted. [00:40:25] >> Eventually, [00:40:25] >> eventually they have to become posted. [00:40:27] Correct. [00:40:28] >> Right. [00:40:30] So, [00:40:32] so and this issue which I cannot explain [00:40:36] publicly [00:40:37] >> needs to be resolved [00:40:40] >> by the principles involved and [00:40:43] >> hopefully uh it ends at some point [00:40:46] >> right [00:40:47] >> because it has gone on since June and [00:40:50] one thing and another [00:40:52] >> there have been uh people refusing to [00:40:54] cooperate and all other things. That's [00:40:56] not the only matter that's got an [00:40:57] executive session. [00:40:58] >> We're We're having a discussion, sir. [00:41:01] >> Would you please please you're not [00:41:03] making matters better [00:41:05] >> to answer [00:41:08] Jeff's question? Please. [00:41:09] >> Okay. [00:41:10] >> In here, it gives you all the guidance [00:41:12] as far as executive session. [00:41:14] >> Okay. [clears throat] [00:41:15] >> Like the date, time, topic, because it's [00:41:18] on the agenda, the topic. And then [00:41:20] whoever is responsible for taking those [00:41:23] notes takes those notes, but they're [00:41:24] confidential [clears throat] and they're [00:41:26] kept in a confidential cabinet. [00:41:28] Okay? So, and then eventually when the [00:41:32] matter is closed, like say the building [00:41:33] inspector, we we negotiated his contract [00:41:36] or Marty we negotiated his contract. [00:41:38] Once that matter is closed and done, [00:41:41] it's supposed to come before the board. [00:41:43] We review it and say, "Okay, this [00:41:45] matters." We approve the minute meetings [00:41:47] or the executive minutes like we do our [00:41:49] regular thing and then we vote to [00:41:52] release it, [00:41:52] >> right? [00:41:53] >> Make it public, [00:41:55] >> but it's like step by step. As far as [00:41:57] the executive session, it's in here what [00:41:59] we're supposed to do. That's all. So, we [00:42:02] will answer your question more [00:42:04] specifically if you're looking for more [00:42:05] information [00:42:07] kind of that doesn't help. [00:42:09] >> Mr. Chair. [00:42:10] >> Yes, ma'am. [00:42:10] >> Can I address some of the comments that [00:42:11] were made about the town administrator? [00:42:14] >> I'd rather let's skip that. I mean, if [00:42:18] it's out there, rude, whatever. I don't [00:42:22] know what we can do about it. [00:42:23] >> Well, it was actually about the history [00:42:24] of the conversation am I here. I just [00:42:26] want to clarify something, [00:42:28] >> please. [00:42:29] >> Um, so my contract doesn't say anything [00:42:30] about executive session. I mean, you [00:42:32] have a chief administrative officer, you [00:42:34] know, the clerical duties yet. It's a [00:42:36] part of every job. It is what it is, but [00:42:37] that's not the function of a chief [00:42:40] administrative officer. Every board and [00:42:41] commission has a clerk that t that helps [00:42:44] take the minutes. I will always help and [00:42:46] you know that. And I was helping the the [00:42:48] former chair. If there's another issue, [00:42:50] I will absolutely help where I can. So, [00:42:52] just let me know what you need from me. [00:42:53] >> Thank you. [00:42:53] >> I'll Mr. Chair, I'll reference the [00:42:55] meeting so you can look it up on YouTube [00:42:58] where she makes these statements. [00:43:00] >> Okay. [00:43:01] >> All right. Thanks. That'll be [00:43:03] >> for the record. That's all. You know [00:43:04] what I mean? Because [00:43:06] >> how how is it fair to somebody on this [00:43:08] board? I've been in this position for a [00:43:09] year as a clerk. [00:43:14] >> And then find out later I'm the one [00:43:16] responsible for making these notes. Just [00:43:19] like Jeff, you didn't find out you [00:43:20] needed to take meeting minutes until [00:43:22] whatever executive session. [00:43:24] >> Yeah. [00:43:24] >> And we had a few. [00:43:26] >> I mean, how is it fair to if we don't [00:43:28] know our responsibilities up front when [00:43:30] we come on this board? How are we [00:43:32] supposed to execute them if we're [00:43:34] completely unaware of them? And we have [00:43:36] an administrator and we have an [00:43:38] executive assistant and they're supposed [00:43:40] to administrate. [00:43:42] So, we need to clarify exactly roles and [00:43:45] responsibilities [00:43:48] cuz according to the YouTube video when [00:43:51] she got hired, yep, I'll do this. [00:43:54] That's a statement. So, [00:43:55] >> I'm sure I did, but the chair at the [00:43:57] time was doing them and she wanted to do [00:43:59] that. I just want to make it clear so [00:44:01] I'm not like throwing out misinformation [00:44:02] out there. It's it was a statement that [00:44:04] was made. [00:44:05] >> I'm sure I did. I would always help but [00:44:07] at the time she was taking them and you [00:44:08] know that [00:44:10] >> and that's what she wanted to do when I [00:44:11] was [00:44:13] >> a year and a half later it's it's the [00:44:15] clerk. Well, I was a clerk for a year, [00:44:17] sir. So, I didn't take any notes. [00:44:19] >> Thank you. [00:44:20] >> Oh, [laughter] that makes me feel a [00:44:21] little better. [00:44:22] >> Well, I'm being Hey, my job. So, this is [00:44:26] my responsibility. Had I known, I would [00:44:28] have definitely taken it. [00:44:29] >> Mr. Chairman, I think we can move on [00:44:31] from this. Please [00:44:32] >> before we move on. All right, Jeff, are [00:44:35] you since you have the complaint in [00:44:37] here, are you going to accept this? [00:44:39] Thank you. Please, [00:44:40] >> if you guys want to work on it, I'll let [00:44:42] you work on it. [00:44:43] >> I'm not I'm not looking to Look, I don't [00:44:46] want to go to the attorney general. You [00:44:47] guys might think otherwise. I want you [00:44:49] to do your job. [00:44:52] >> I'll try harder. [00:44:54] >> Thank you. [00:44:54] >> All right. Thank you. [00:44:56] Mr. Cole, [00:44:58] >> thank you. I mentioned that I think I'd [00:45:01] learned a little about this having been [00:45:02] through four of the open meeting law [00:45:04] complaints, four executive sessions, [00:45:06] release of the minutes, etc. Um, and I [00:45:09] would just offer that the way I [00:45:13] understand it is that when you get the [00:45:15] open meeting law complaint, which you [00:45:18] have, you have to within maybe it's just [00:45:20] 10 days, maybe it's 14, but you soon [00:45:22] have to you immediately have to share [00:45:23] with the other members of the board. Uh, [00:45:26] and you have to respond to the [00:45:28] complainant in writing, copy to the [00:45:30] attorney general, and then you you you [00:45:34] can delegate the response to that to the [00:45:36] attorney or to the town administrator or [00:45:38] to one of yourselves to actually answer [00:45:42] that um, you know, in a fuller form, [00:45:45] which is all maybe 30 days, deputy. And [00:45:48] then you have a um, then you wait for [00:45:51] their response. Um, and if it's [00:45:56] or excuse me, wait for the complainant's [00:45:57] response. If they're satisfied with the [00:45:59] progress that's been made, it doesn't go [00:46:01] any further. But, as happens often, it [00:46:05] there's a follow-up complaint, not happy [00:46:07] with the board's response, goes to the [00:46:09] attorney general, and the attorney [00:46:11] general then makes a decision about it. [00:46:13] In all decisions that we've been [00:46:14] involved with so far, no no violation or [00:46:19] nothing of significance. Maybe one thing [00:46:21] was not talked about that was not an [00:46:23] agenda, but that's that's how it is. [00:46:24] That's the progress. That's the timeline [00:46:27] that you have to follow. And I would [00:46:29] suggest that you do that because it's [00:46:32] very clear that if you miss a step, if [00:46:34] you don't do that response within 10 [00:46:36] days, the complaint, it's basis for [00:46:38] another such complaint. And these things [00:46:40] >> follow on themselves. as to as to [00:46:43] executive minutes. Um you when you go [00:46:46] into executive session, you don't have [00:46:48] to, but if you go into executive session [00:46:49] to discuss the matter, yes, of course [00:46:51] minutes are taken. They aren't released [00:46:54] until the matter which made it [00:46:56] confidential has ended. But however many [00:47:00] of those there are, while they are [00:47:03] outstanding and still being withheld, [00:47:05] you mention at some point, every now and [00:47:08] then, maybe every month or something, [00:47:09] you mention at a meeting that we still [00:47:12] are not reviewing the minutes from those [00:47:14] executive sessions cuz they continue to [00:47:16] be confidential. We did that until until [00:47:20] the until the decisions from the [00:47:22] attorney general came back saying, "Not [00:47:24] a problem." And then we then we put the [00:47:26] minutes out um to the public, approved [00:47:29] them, posted them. So that's that's the [00:47:33] process. And I'd suggest that you do [00:47:35] need to follow it because there are [00:47:37] people looking to get you on any [00:47:39] violations. [00:47:41] >> So as soon as I can bring this executive [00:47:45] session item to a resolution, [00:47:49] uh I will do that. [00:47:51] >> If she's not taking the notes, then why [00:47:52] is she in your executive session? She's [00:47:54] never voted in and she's not on the [00:47:55] board. [00:47:56] >> I don't know. It's another mistake. I [00:47:58] guess [00:47:58] >> actually it's part of my job to inform [00:48:00] the select board and you're not supposed [00:48:02] to be in the executive session. She's [00:48:04] got to be voted in please got to stop. [00:48:09] >> Yes. Okay. I got it. So Mr. Chair [00:48:12] closing. [00:48:13] >> We just we have to respond. [00:48:16] >> We have to respond to Mr. Smith. [00:48:18] >> We're just giving So we're going to you [00:48:21] accept this schedule. [00:48:22] >> Yes. We're going to work amongst [00:48:24] ourselves and resolve this and approve [00:48:26] this over the next week or two or [00:48:28] whatever couple weeks and but you're [00:48:32] fine with you're not going to escalate. [00:48:33] So, we're going to write you a letter [00:48:34] saying we acknowledge this and this is [00:48:36] what we're going to do and we're going [00:48:37] to reconstruct [00:48:39] and send it. [00:48:40] >> Okay. [00:48:43] >> I I agree. [00:48:47] >> So, are you going to make a motion? I [00:48:49] >> I'll make a motion. Yes. So, I'll make a [00:48:51] motion that we approve this schedule of [00:48:53] the open meeting [00:48:55] um minutes that we have to take care of. [00:48:57] >> Okay, I'll second. [00:48:59] >> Okay. All [00:49:00] >> in favor? [00:49:01] >> I [00:49:03] ma'am. [00:49:04] >> Um a letter was already sent to the [00:49:07] complaintant that was completely lawful. [00:49:09] Um and as long as you're making a [00:49:12] conscious effort to comply, you're not [00:49:15] going to be penalized by the attorney [00:49:16] general. You have to make a conscious [00:49:18] effort. as long as they know that you're [00:49:20] fine. So, I wouldn't get, you know, [00:49:22] overly concerned or overly worried. I've [00:49:24] been in contact with them quite a bit [00:49:25] over this complaintant and you're making [00:49:27] a conscious effort. So, um I stand by [00:49:30] you. [00:49:31] >> See, if you don't mind, Mr. Chair, can I [00:49:34] make one quick statement, please? have [00:49:36] half of the issues here if if we just as [00:49:39] a town chose to do best practices and [00:49:42] address the things as we're moving along [00:49:44] in current time, we we wouldn't be [00:49:47] spending a lot of money or tying up a [00:49:50] lot of people's resources to answer [00:49:52] these questions. [00:49:53] >> Okay, fair enough. [00:49:54] >> I'm eager to have our next executive [00:49:57] session so we can get all this stuff out [00:50:00] in the open amongst in front of us. [00:50:04] >> So, moving on. [00:50:08] discussion and vote on the West [00:50:10] Brookfield ambulance contract. [00:50:14] >> Mr. Chair. [00:50:15] >> Yes, ma'am. [00:50:16] >> Um, so this is just an addendum to the [00:50:19] one that we have currently with West [00:50:20] Brookfield. When it gets to the end of [00:50:22] the fiscal year, then we're going to [00:50:23] really sit down. But if you notice, um, [00:50:27] some of the positive changes, the only [00:50:29] changes that are in here are now they [00:50:31] are servicing our AED machines, which [00:50:33] they weren't before. um they're going to [00:50:34] be providing CPR classes and um [00:50:40] yeah, it's the exact same agreement [00:50:42] other than those language changes and [00:50:43] then the increase um to cover the rest [00:50:46] of the fiscal year. So, [00:50:49] um [00:50:51] that's that. [00:50:52] >> How do you feel about the Westbrook [00:50:53] field ambulance? [00:50:55] >> I [00:50:57] mo make a motion to approve the uh [00:51:01] contract with the amendments. [00:51:04] I have questions for us, Mr. Chair. [00:51:06] Okay. Yeah. [00:51:07] >> Um, one is the $7,672 [00:51:10] payment. Where is that money coming [00:51:12] from? [00:51:13] >> We should have it in the emergency on [00:51:15] the medical [00:51:17] >> in the budget line. Yes. [00:51:18] >> Okay. [00:51:19] >> All right. [00:51:29] >> So, what about zoning plan approval? [00:51:35] there. You mean where the ambulances go? [00:51:38] >> Yeah. The CM CME does the approval of [00:51:42] the plan of the area. [00:51:45] >> That's beyond us, right? It's above, [00:51:46] >> right? But it's not it's not in this [00:51:48] contract. It's blank. [00:51:51] So, I'm asking [00:51:54] >> what we're doing is hiring. [00:51:55] >> We're having we're hiring with town [00:51:58] >> the entire town. Correct. [00:52:00] >> Right. [00:52:01] So, and I'm asking did you know people [00:52:06] in the state that approved these zoning [00:52:08] plans, service plans approve it? [00:52:10] >> You know, but it must have last year, [00:52:13] >> but we also have backup through town of [00:52:15] Barry. We have a contract with Barry, [00:52:17] but now we don't have a contract with [00:52:19] Barry, [00:52:19] >> but we still have [00:52:20] >> mutual aid. [00:52:21] >> They have mutual aid. [00:52:23] >> There's no I'm just for clarification. [00:52:25] >> Should we put this aside until we get [00:52:27] that clarified for you? Well, I would I [00:52:31] I just want to make sure the entire town [00:52:33] is covered. [00:52:34] >> The entire town is covered by Westbrook [00:52:37] Field. [00:52:38] >> And there's no Okay. [00:52:40] >> Mr. Chair, may I add one thing? So, the [00:52:43] police department actually have to [00:52:44] update our 911. Um, so that's all been [00:52:47] approved too, adjusting the vote for [00:52:49] tonight. So, it's all said and done. But [00:52:52] the police had to work on their end to [00:52:54] get it, you know, into the 911 system [00:52:56] and all that has been cleared. [00:52:58] One other quick question about the [00:53:00] contract and scope. Um, exhibit A, [00:53:04] description of services. It's blank. [00:53:08] >> So, that was uh it was like that in the [00:53:10] in the last two or three contracts. [00:53:12] Again, this is just an this is just an [00:53:14] addendum. Uh, the next one's going to be [00:53:16] negotiated July 1. This is just to get [00:53:18] us through the second half of the fiscal [00:53:19] year. All right. [00:53:20] >> Yep. [00:53:22] >> You can stop and put this out. [00:53:23] >> No, no. I mean, we need coverage. So, [00:53:26] >> I don't want to delay it any further [00:53:28] than [00:53:28] >> My motion stands. [00:53:29] >> I'll second the motion. [00:53:31] >> Okay. [00:53:32] >> And I'll get answers to my question, [00:53:34] sir. [00:53:34] >> Find out the answers. Yeah. [00:53:35] >> Okay. Thank you. [00:53:38] >> All in favor? [00:53:39] >> I I got um for the end of the meeting as [00:53:42] well with the national her [00:53:46] administrator report. Thank you. [00:53:52] >> Um, so working on an IFB for the gravel [00:53:56] removal at Roach Field. I'm working [00:53:58] again with Harry Cber. [00:54:00] Um, tender project update for the sewer [00:54:03] project. [00:54:04] >> Excuse me, that first abbreviation you [00:54:07] used. [00:54:07] >> Oh, invitation for bid. I'm sorry. [00:54:09] >> Thank you. [00:54:11] >> Um, had a call with our financial [00:54:13] adviser on our debt schedule and our [00:54:14] loans. I had a call with Joe Ferguson [00:54:17] from CMRPC [00:54:19] on townhouse, the uh community [00:54:21] development block grant, our IT grant, [00:54:24] started budget meetings with departments [00:54:26] um including the town accountant, the [00:54:28] treasurer, the conservation commission, [00:54:30] recycling commission, sewer, library, [00:54:33] town clerk, assessor, board of health, [00:54:35] police, and fire. So, those are ongoing [00:54:39] now with the select board chair, [00:54:40] accountant, town clerk, treasurer, and [00:54:42] assessor and police chief on the special [00:54:43] town meeting. I'm working with the [00:54:45] police department on two police grants [00:54:47] and um as I updated today uh one IT [00:54:50] grant which is not for police. Uh we are [00:54:53] currently still advertising for a [00:54:54] wastewater treatment plant operator, a [00:54:56] highway equipment operator, and a van [00:54:58] driver. Uh we were supposed to hold an [00:55:01] interview uh for a highway equipment [00:55:02] operator. Unfortunately, the candidate [00:55:04] never showed up. [00:55:06] I attended the Lesser Health Coalition [00:55:08] meeting because they were going over [00:55:09] their FY27 budget. [00:55:11] attended a Zoom meeting with the Office [00:55:13] of Rural Affairs. [00:55:15] Um, well, this week I want to recognize [00:55:17] Holly Man, who's our town accountant, [00:55:20] who has brought invaluable knowledge, [00:55:22] research skills, and I call it detective [00:55:23] work into the town's financial [00:55:25] management. I am overly impressed with [00:55:28] her and the and what she's been able to [00:55:29] accomplish in such a short time. And [00:55:31] having never used Vadar before, she is [00:55:33] now teaching us a few things about [00:55:34] Vadar. So, I'm very um happy with her [00:55:36] work. [00:55:38] Um, important dates. Special town [00:55:40] meeting is January 22nd, 2026 in this [00:55:43] room at 6 PM. [00:55:46] And um Senator Durant and Representative [00:55:48] Berthium were holding office hours on [00:55:50] February 11th, 2026 from 10 to 11 also [00:55:53] in this room. [00:55:54] >> That's all I have for you tonight. [00:55:56] >> Okay. Thank you. [00:55:57] >> Thank you. [00:55:58] >> I'm losing my hand. [00:55:59] >> Um can I just ask a quick question back [00:56:01] on the IFB for the gravel removal? [00:56:04] >> Isn't Marty going to do that? [00:56:07] Well, Marty will do. [00:56:09] >> Oh, I mean the DPW. Sorry. [00:56:11] >> Unless we start shipping something off. [00:56:13] >> Yeah. [00:56:14] >> Okay. [00:56:14] >> So, this is for um removal and like [00:56:17] purchasing. So, the excess that we're [00:56:20] going to try to um recoup some money [00:56:22] through that rout. So, um that's what [00:56:25] that's for. [00:56:28] >> Okay. Cuz I I was under the [00:56:30] understanding we have a year. [00:56:33] >> Yeah, we do. [00:56:34] >> And we already have a stockpile there. [00:56:36] Mhm. [00:56:37] >> And the DPW is going to move that [00:56:39] outside of the solar area and harvest [00:56:42] whatever gravel and stockpile it there [00:56:44] for their use. [00:56:47] >> Am I misunderstanding something? [00:56:48] >> Well, I think Marty is working to find a [00:56:51] flat space and figure out where to stash [00:56:54] the stuff. [00:56:55] >> And we talked about selling some of the [00:56:57] stuff if we can't absorb it. [00:56:59] >> Okay. [00:57:00] >> He's asked for this. This is like what [00:57:01] he wants. He knows like this is [00:57:03] >> he wants this. Yeah. Okay. All right. [00:57:08] Just trying to re remember what it looks [00:57:11] like, you know, to go there. [00:57:13] >> Well, it's just a rele [00:57:17] place to look at bars. So, [00:57:20] >> okay. [00:57:21] >> So, thank you. [00:57:22] >> Thank you. [00:57:24] All right. Um, I'm going to take over [00:57:26] the selectman round table here to start. [00:57:30] Um, this [00:57:32] packet came I don't know who I think you [00:57:36] dropped them off who [00:57:39] >> yes and I assume that Ann Barnes knows [00:57:42] what was in it timeline on the whole [00:57:45] broom grant [00:57:47] and uh uh I'm uh thank you for that and [00:57:52] I've been in [00:57:54] >> contact with Kimberly Robinson who runs [00:57:58] PBPC [00:57:59] who started administration of this grant [00:58:02] and uh things kind of came apart and uh [00:58:07] I've been talking to her [clears throat] [00:58:08] and [00:58:10] uh we can hire them to finish. Uh they [00:58:16] started it, they can finish it. It needs [00:58:19] somebody from town. [00:58:22] I will do that. Uh [00:58:26] I will bring [00:58:28] the word. You can read these letters and [00:58:32] at our next meeting I'll have a [00:58:34] presentation [00:58:36] just so that we're on the same page. We [00:58:39] don't have to vote on this. We've [00:58:40] already signed the contract. I just want [00:58:42] to get it done. Um by August it goes [00:58:47] out. So, we got to get going. [00:58:50] >> So, I've been having a good conversation [00:58:52] with her over the last several weeks and [00:58:55] uh this seems okay. So, please read this [00:58:58] and [00:58:59] >> okay uh bring it up next time. [00:59:02] >> Okay. Thank you. [00:59:05] >> And anything you guys want to say? [00:59:10] I just want to say uh with what happened [00:59:13] up at Eagle Hill School this week, it [00:59:16] was [00:59:18] it was very heartening to see the uh [00:59:22] mutual aid come into play and uh turned [00:59:26] out to be over, you know, just a bunch [00:59:29] of concerns, but it all these towns, all [00:59:32] our area towns seem to contribute as [00:59:35] well as the uh state level and very [00:59:39] impressed with that it's it's the same [00:59:41] sort of thing that happened with the [00:59:43] Wheelwright uh mill fire. [00:59:48] Everybody came together from across the [00:59:51] across the region and very impressed [00:59:54] with how that came off. [00:59:57] >> If I could jump in. [00:59:59] >> Yes. I was uh with the fire department [01:00:01] 16 years and mutual aid kicking in comes [01:00:05] in in tears and as it gets more exciting [01:00:10] more towns come in and start covering [01:00:12] each other's firehouses so nobody's left [01:00:15] unprotected and after that mill fire in [01:00:18] wheel right I was a selectman I wrote 39 [01:00:22] thank you notes to the towns that came [01:00:25] to back uh back us up so it is a [01:00:28] wonderful thing See, [01:00:29] >> it really is. [01:00:32] >> Thank you. Um I have something Mr. Chair [01:00:36] for the select board roundt agenda proc [01:00:39] uh agenda request process under the [01:00:41] select board roundt for the public [01:00:44] record. I want to raise an issue [01:00:46] regarding agenda practices. Since [01:00:49] approximately June, I've submitted [01:00:50] multiple requests to place agenda items [01:00:53] before this board for discussion. None [01:00:55] of those request items have appeared on [01:00:58] the agenda. I re I've reviewed my emails [01:01:01] and notes and compiling a timeline [01:01:03] covering roughly six months of agenda [01:01:06] requests and outcomes so I can [01:01:08] understand whether there is a written [01:01:10] policy or a criteria governing how [01:01:12] agenda items requested by select board [01:01:14] members are approved or denied. As of [01:01:18] tonight, I'm not aware of a written [01:01:20] agenda policy and I've not received a [01:01:22] written explanation for the repeated [01:01:25] exclusion of those items. I believe it's [01:01:28] important for the board and the public [01:01:30] to understand how agenda decisions are [01:01:33] being made. For clarification, can the [01:01:36] chair clarify whether there is a policy [01:01:38] governing agenda requests from [01:01:40] individual select board members? And if [01:01:42] so, where is that policy? Where is it [01:01:46] documented? I'm noting this tonight just [01:01:48] for transparency and the public record. [01:01:53] >> Well, if that's a question, I'll uh [01:01:56] answer that there is no policy that I [01:01:59] know of. Uh there have been some [01:02:02] submissions that I thought were out of [01:02:07] date. I mean, were too late. Um if it [01:02:12] over a weekend, I could have lost it. [01:02:14] there wasn't time to post it and some [01:02:19] um agenda submissions [01:02:22] uh I sent to town council. So, uh [01:02:26] nothing [01:02:28] and some I overlooked. I don't look at [01:02:30] my email every day. I've asked you to [01:02:33] call me if it's important, but that's [01:02:36] fine. Um I mean I can call but at the [01:02:39] same time I send emails to request stuff [01:02:41] because this is you know for for [01:02:44] governance purposes. [01:02:45] >> Correct. [01:02:46] >> I mean they're they're important issues, [01:02:48] >> right? [01:02:49] >> Mr. Chairman. [01:02:50] >> Yes, sir. [01:02:50] >> With all due respect, Bill, the last [01:02:53] couple times that you've said submitted [01:02:55] your written requests, they've been [01:02:58] after the agenda was sent uh set [01:03:02] >> the [01:03:03] >> Am I not correct? This last time, this [01:03:05] last time you sent them in the I already [01:03:09] had the agenda also [01:03:11] >> in my email. [01:03:12] >> We [clears throat] have 48 hours before [01:03:15] our meeting, which is Thursday at 6:30. [01:03:19] Up until 6:25, we can amend that agenda. [01:03:23] I've sent requests on Wednesdays. I've [01:03:25] sent requests on Mondays. I've followed [01:03:28] up on omitted requests on Thursdays and [01:03:33] they never get on the agenda. [01:03:35] >> Never. [01:03:35] >> They haven't. [01:03:38] The only thing that got on the agenda [01:03:40] this week that I requested out of the [01:03:41] four items was the poll hearing. That [01:03:44] was a reminder cuz the original agenda I [01:03:46] saw didn't have the poll hearing. So, it [01:03:48] was just a friendly reminder to put it [01:03:50] on there [01:03:50] >> because to tell you the truth, I I read [01:03:53] your agenda items. I have no pro. I [01:03:56] would like to see those discussions take [01:03:59] place [01:04:01] >> personally, but like I said, my from my [01:04:05] perspective, [01:04:06] I see them coming in just after the [01:04:09] agenda has been has [01:04:12] >> no [01:04:12] >> been sent to me. There may still be time [01:04:15] to change that agenda. Yes. [01:04:18] >> So, but when do we set the agenda? [01:04:22] >> Because we have 48 hours to amend it. [01:04:24] So, if I'm sending an agenda request on [01:04:26] Mondays or Tuesdays or Wednesdays or [01:04:29] even Thursday morning at 9:00 a.m., [01:04:33] is that not ample time? [01:04:35] >> See, is that not enough? [01:04:36] >> It's ample time. [01:04:37] >> Is that [01:04:38] >> That's ample time. [01:04:40] >> Okay. So, the only thing you might see [01:04:42] on the email chain that you might be [01:04:44] confusing or perceive is when they [01:04:47] follow up and say, "Why was this omitted [01:04:51] from the agenda? Why was it not placed [01:04:53] on it? a followup question to my request [01:04:56] >> after the meeting [01:04:57] >> after after the deadline. So if the [01:05:00] deadline's Thursday at 6:30 p.m. Friday [01:05:04] morning at 9:00 a.m. I send it out [01:05:06] saying I requested these items and for [01:05:09] whatever reason they were omitted. [01:05:11] Please let me know why kind of thing. [01:05:17] But every every request has been well in [01:05:20] advance of that 48 hour timeline. [01:05:24] >> From my understanding, it's the chairman [01:05:26] who sets the agenda. Correct. [01:05:29] >> Supposed to be. Yeah. Doesn't always [01:05:31] work out that way, but yeah. [01:05:34] So, [01:05:36] I'll uh [01:05:38] >> I don't mean to replace, but [01:05:40] >> no, it's my thing. I'm it. Um, I just [01:05:44] came in Thursday and well, for no [01:05:46] particular reason, that's the best I [01:05:48] could tell you. [01:05:48] >> Okay, fair enough. So, thank you, [01:05:53] >> Liz. [01:05:54] >> Well, where does that leave citizens who [01:05:55] want to get something on the agenda? [01:05:58] >> Anytime it comes in before Thursday [01:06:00] morning, it goes on the agenda. [01:06:03] >> No, it doesn't. [01:06:03] >> It doesn't. [01:06:04] >> I've requested several times to have [01:06:06] things on the agenda and they've been [01:06:07] ignored. [01:06:09] >> Do we have to put everything on the [01:06:10] agenda that comes in? Honestly, [01:06:13] >> I don't know. [01:06:14] >> In full transparency [01:06:16] >> within reason. [01:06:17] >> Yeah, I think so. [01:06:18] >> Within reason. [01:06:19] >> Within reason. Yes. I mean, and if if [01:06:22] and and and let's use just use the [01:06:24] townhouse as an example. Okay. [01:06:28] Ann should be able to put that on the [01:06:30] agenda to discuss exactly what's going [01:06:32] on with the bids, even if that's just a [01:06:36] twominute thing. Okay. [01:06:39] And if it doesn't and if it's a matter [01:06:41] of you sit there and say, "Well, we're [01:06:43] working on it and we're going to deal [01:06:45] with this in the in the future and [01:06:47] should have it on the next meeting." [01:06:48] Say, "What's going on with the [01:06:49] townhouse?" And the B and the way I look [01:06:53] at it as a citizen, that's to keep you [01:06:56] guys to from finishing the task or to [01:06:59] make you guys finish the task [01:07:02] >> because unless then you won't have to [01:07:03] have it on the agenda anymore. May I [01:07:05] >> make a comment, Mr. Chairman? Of course. [01:07:08] So [01:07:10] an agenda credit request comes in say [01:07:12] Thursday morning. Okay, you have that [01:07:15] option to say you know what the agenda [01:07:17] is full but we will put it on the [01:07:20] following meeting whenever that next [01:07:22] following meeting is and we should have [01:07:24] a lot of requests [01:07:25] >> and that's fine [01:07:26] >> and and so and a quick email hey sorry I [01:07:29] got an acknowledgement I got your email [01:07:31] but this agenda is full. next meeting is [01:07:34] it's this date and it will be on that [01:07:37] agenda. That's how [01:07:39] >> and that's fine. I think all I mean and [01:07:41] me as a citizen I would be perfectly [01:07:43] happy with that but being ignored and no [01:07:46] one saying anything to you it's a [01:07:49] different situation. [01:07:52] >> I try to keep a [01:07:54] I don't know what to say. Sometimes it's [01:07:56] overwhelming. [01:07:59] >> Well, [01:08:00] >> I get it, sir. [01:08:02] I I mean I I get it, Eric, but but you [01:08:06] know, no offense or anything, Eric, I [01:08:08] get it that it's overwhelming, but you [01:08:10] sit up there and you say, "Well, I'm not [01:08:12] I don't look at my email." [01:08:14] >> Well, that's why it's overwhelming. If [01:08:15] you look at your email, maybe you could [01:08:18] deal with it when it came in. [01:08:19] >> I only look at the email once a day now, [01:08:23] first thing in the morning. [01:08:24] >> Well, gee, I wish I could just do that [01:08:26] myself. Of course, it won't work that [01:08:27] way. It's not a bad idea, but I wish I [01:08:31] could do that, too. [laughter] [01:08:34] >> We're not watching them go to up until [01:08:36] 10:00 if we go to bed. [01:08:38] >> Are we done? [01:08:39] >> I I think so. Are we we good, Mr. [01:08:42] >> I make a motion to adjourn? [01:08:44] >> I'll second that motion. All in favor? [01:08:46] >> I [01:08:49] have some stuff for you guys. [01:08:50] >> Okay.