Thumbnail for 06/09/25 - Hardwick, MA Select Board Meeting

Zoning Bylaw Controversies, Police Relocation, and Town Financial Health

Original title: 06/09/25 - Hardwick, MA Select Board Meeting

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.

Meeting details

Date

June 9, 2025

Duration

1h 19m

Decisions

6 recorded

Action Items

21 assigned

Summary

The Hardwick Select Board meeting on June 9, 2025, addressed significant community concerns, including allegations of conflicts of interest within the Planning Board regarding the 2025 Zoning Bylaw process and the handling of a Select Board member's letter. Discussions also focused on the partial relocation of the Police Department, with residents advocating for renovation of the current municipal building and exploring partnerships. Financial matters included approving sewer abatements, appointing commission members, and addressing a $155,000 deficit in the snow and ice budget, necessitating a special town meeting. The meeting also saw the announcement of the Police Chief's and Town Accountant's resignations, and a Select Board member recused himself from a discussion citing an Open Meeting Law complaint.

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Discussion Highlights

Concerns raised by residents regarding the 2025 Zoning Bylaw process, specifically alleged conflicts of interest (COIs) within the Planning Board related to Eagle Hill School.
Allegations that the Planning Board refused to read or include a letter from Select Board member William Tinker (dated April 3rd) in meeting minutes, raising "fairness concerns."
Detailed allegations of four COIs on the Planning Board, including members serving on Eagle Hill School's Board of Trustees, having a child attending the school, an abutter COI, and renting property to the school.
Criticism of the Planning Board for self-determining conflicts without written guidance from the State Ethics Commission.
Lack of transparency and proper procedure regarding William Tinker's April 4, 2025 letter, which raised procedural concerns about the zoning bylaw process and was reportedly suppressed.
Public encouragement for submitting comments and testimony on "Quabbin legislation" to secure additional funding for local towns.
Discussion on the partial relocation of the Police Department, with advocacy for renovating the current municipal building instead of building a new station, citing potential savings of $3-4 million.
Identification of issues in the current municipal building, including mold/water in the basement, a failing stonewall, drainage problems, and a need for handicap accessibility.
Concerns about the lack of public input in a 2017 police proposal for a new station.
Presentation and approval of four sewer abatement requests.
Consideration and approval of two appointments to town commissions.
Presentation and approval of proposed FY2026 Select Board meeting dates.
The town is approximately $155,000 over its snow and ice budget for FY25, to be covered by free cash.
Initial free cash certification was incorrect, with the actual amount being $50,000 less than previously thought.
Town Administrator expressed extreme worry about future free cash availability due to numerous overspent accounts.
Meeting minutes for April 8th were held off for later approval due to a board member's absence and the exclusion of their submitted letter.
Updates on Town Hall improvements (tree removal, security cameras), Page Building purchase agreement, FY26 fuel bids, and sewer project meetings.
Ongoing issues with Republic trash services for the past four weeks, described as "unspeakable" and "awful," with Senator Durant's office involved.
Working with Kearsarge Solar and Town Council on a lease agreement for a solar project expected to bring significant revenue.
Recognition of Lieutenant Kevin Landeen for his integral role in the community and St. Aloysius School.
Police Chief James Aiot submitted his retirement notification, effective August 2, 2025.
The town accountant resigned, effective at the end of the fiscal year, attributed to financial issues.
Selectman William Tinker recused himself from discussion, deliberation, and decision-making on Item 6, citing an Open Meeting Law complaint and a complaint to the Attorney General.
Select Board Member William Tinker stated he would not participate in the discussion regarding his correspondence and the Planning Board's response, citing potential "appearance of impropriety."
The Chairman read Mr. Tinker's April 3rd, 2025 letter, formally requesting postponement of an April 7th vote on zoning bylaw articles due to alleged COIs, procedural non-compliance, landowner rights issues, and denial of public input.
The Planning Board Chair, Bill Cole, expressed surprise at the agenda item and disappointment with Mr. Tinker's letter, describing it as a "challenge" to the Planning Board's independence and integrity.
The Planning Board's letter to the Select Board responded to Mr. Tinker's accusations, acknowledging three long-standing, self-disclosed COIs regarding Eagle Hill School, which are handled by recusal and using an associate member for quorum.
The Planning Board asserted that bylaw amendments were developed over several years, properly reviewed, and approved by voters, and did not directly affect Eagle Hill School.
Discussion about a March 25th meeting where Zoning Inspector Paul Stringham inquired about building permits for Eagle Hill School, noting bylaws lacked clarity on 48-3 exemptions for non-profits.
A board member expressed frustration regarding public criticism of volunteer boards and alleged "behind-the-scenes conspiring" despite low public attendance at informational meetings.
Allegations of procedural non-compliance by the Planning Board under Section 5 of the law, including issues with notice, hearing, referral obligations, and the final draft of bylaw changes, specifically regarding the insertion and subsequent removal of Accessory Dwelling Unit (ADU) definitions from a warrant without proper process.

Transcript (13,343 words)

Lightly cleaned for readability. Each timestamp opens the video at that point.

00:00:01
June 9th, 2025. Pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation
00:00:20
Under God, indivisible, with liberty and justice for all.
00:00:35
Visitors comments. Yes, sir. I brought my comments down to to be included in the record. Good evening. My name is Jeffrey
00:00:55
Smith and I live on Upper Church Street.
00:00:58
I have attended every planning board meeting since March 25th, 2025. With the April 1st meeting, starting with the April 1st meeting, I have the audio audio recordings of each meeting. I started recording due to the concerning behavior at those meetings. Those recordings are available publicly.
00:01:17
I'm addressing issues during the 2025 zoning bylaw process raised by select board member William Tinker in his April 3rd meeting letter which this board refused to read or include in the April 8th, 2025 meeting and meeting minutes.
00:01:32
Yet tonight places the agenda in a response to a reply for the planning board raising fairness concerns.
00:01:41
Initially, I knew of two planning board members that disclosed conflicts of interest related to Eagle Hill School.
00:01:47
One serves on its board of trustees.

[00:00:01] June [00:00:03] 9th, [00:00:11] 2025. Pledge allegiance to the flag of [00:00:14] the United States of America and to the [00:00:16] republic for which it stands, one nation [00:00:20] under God, indivisible, with liberty and [00:00:23] justice for [00:00:25] all. [00:00:35] visitors [00:00:37] comments. Yes, [00:00:39] sir. I brought my comments down to [00:00:43] uh to [00:00:45] be included in the [00:00:52] record. Good evening. My name is Jeffrey [00:00:55] Smith and I live on Upper Church Street. [00:00:58] I have attended every planning board [00:00:59] meeting since March 25th, 2025. With the [00:01:03] April 1st meeting, starting with the [00:01:05] April 1st meeting, I have the audio [00:01:07] audio recordings of each meeting. I [00:01:10] started recording due to the concerning [00:01:12] behavior at those meetings. Those [00:01:14] recordings are available publicly. [00:01:17] I'm addressing issues during the 2025 [00:01:20] zoning bylaw process raised by select [00:01:22] board member William Tinker in his April [00:01:24] 3rd meeting letter which this board [00:01:26] refused to read or include in the April [00:01:29] 8th, 2025 meeting and meeting minutes. [00:01:32] Yet tonight places the agenda in a [00:01:36] response to a reply for the planning [00:01:38] board raising fairness concerns. [00:01:41] Initially, I knew of two planning board [00:01:43] members that disclosed conflicts of [00:01:45] interest related to Eagle Hill School. [00:01:47] One serves on its board of trustees. [00:01:50] Another has a child attending with [00:01:51] potential tuition benefits. On March [00:01:54] 25th and April 1st, a third member [00:01:56] disclosed verbally that as an abutter, [00:01:59] their property value could be influenced [00:02:01] by zoning board changes, but no written [00:02:04] disclosure was filed with the town [00:02:05] clerk. This is a violation of chapter [00:02:07] 268A. [00:02:10] A fourth conflict was revealed by a [00:02:12] response I received to my public [00:02:13] information request on May 21st and [00:02:15] involves a planning board member renting [00:02:17] property to Eagle Hill School. In the [00:02:20] May 27th planning board meeting, they [00:02:21] claimed no conflict, asserting no Eagle [00:02:23] Hill matter was before the board. It is [00:02:26] improper for the planning board to [00:02:28] self-determine conflicts without written [00:02:30] guidance from state ethics commission. [00:02:33] On April 1st, 21 April 1st, 2025, the [00:02:36] board denied me and Mr. Tinker the [00:02:38] chance to speak, preventing us from [00:02:40] raising these concerns [00:02:42] directly. As of today, the March 25th [00:02:44] meetings are still not posted, violating [00:02:46] chapter 30A. With four conflicts on the [00:02:50] planning board, zoning bylaws integrity [00:02:52] is at risk. I urge the select board to [00:02:55] investigate these conflicts, refer these [00:02:57] matters to the state ethics commission, [00:02:59] and compel the planning board to post [00:03:01] the 20 March 25th March 25th meeting [00:03:04] minutes. Thank you. [00:03:06] Thank you. May I speak? Yes, ma'am. Good [00:03:11] evening, Mr. Chair, sle board members, [00:03:14] Justine, and all the residents that are [00:03:16] here and on [00:03:20] YouTube. My name is Patricia Tinker, [00:03:22] upper Church Street, and I'm here [00:03:24] tonight as a resident and the wife of [00:03:27] select board member William [00:03:29] Tinker. I'd like to speak about an issue [00:03:32] of public concern. [00:03:34] The letter Bill submitted to the board [00:03:36] on April 4th, 2025. That correspondence [00:03:40] raised procedural concerns about how the [00:03:42] zoning bylaw process was being [00:03:46] handled. It asked the town to slow down, [00:03:49] follow proper legal review, and ensure [00:03:51] transparency for the public. It did not [00:03:55] target Eagle Hill School in any way. In [00:03:58] fact, it was written to protect the town [00:04:00] and any private entity from being [00:04:03] implicated on a technicality in a rushed [00:04:05] or flawed process coming out of [00:04:11] air. In fact, I'm not sure why they [00:04:13] would disclose a conflict of interest to [00:04:15] Eagle Hill in accordance to this letter. [00:04:19] Unfortunately, the lever that the letter [00:04:21] was never read publicly. It wasn't [00:04:23] acknowledged at the time and it's [00:04:25] unavailable to the [00:04:27] public. It was effectively suppressed [00:04:29] until today. Yet, the planning board [00:04:32] drafted a written response to it, even [00:04:34] though the public has not had access to [00:04:36] either the original letter or the [00:04:38] response before this [00:04:40] meeting. I understand the only people [00:04:43] who it was sent to read it, town clerk, [00:04:46] town admin, and select [00:04:48] board. How did the How did the planning [00:04:51] board even get it? It wasn't sent to [00:04:53] them. Months later, it's on tonight's [00:04:56] agenda, but still no copy of either has [00:04:58] been [00:04:59] shared in advance. This means residents [00:05:02] are left in the dark about the content [00:05:04] of a document that has sparked official [00:05:06] response and controversy. A letter which [00:05:10] was about [00:05:11] procedure, not politics. It was about [00:05:14] following the law, protecting the town, [00:05:16] and making sure that any changes, no [00:05:18] matter how small, to our zoning bylaws [00:05:22] are done the right way in public with [00:05:24] fairness and legal guidance. And to me, [00:05:28] it's dis it's disheartening to see how [00:05:30] this has been twisted and misunderstood. [00:05:34] I hope going forward the town will be [00:05:36] more transparent and timely in how it [00:05:38] handles letters from both residents and [00:05:41] elected officials, especially when they [00:05:43] raise concerns meant to protect the [00:05:45] public [00:05:47] interest. [00:05:49] And thank you. That's all I have to say. [00:05:53] Thank you everybody. Thank you. Thank [00:05:55] you. [00:05:57] Anybody else with visitors comments? [00:06:01] I have comments, but they're not about [00:06:03] this. [00:06:04] We're not dealing with a particular [00:06:06] subject at this point. [00:06:08] Okay. Um, so last Tuesday, [00:06:14] thanks. Um, selecting Tinker and I went [00:06:17] to [00:06:18] Boston and I have few maps that might be [00:06:22] useful. Not that we need to discuss [00:06:25] anything in detail. [00:06:27] Um, and I just sent an email around [00:06:31] two board members, the select board, and [00:06:34] to our other board teammates, and to [00:06:36] some people I know in uh neighboring [00:06:39] towns, uh encouraging us to take [00:06:42] advantage of this window of two weeks [00:06:45] from the time of last Tuesday's hearing [00:06:49] on the Quabin legislation. So, um, the [00:06:53] bottom line is they're still accepting [00:06:55] comments [00:06:57] and testimony. I call them comments. [00:07:00] It's a little less scary. Um, and so [00:07:04] this is our chance for people to speak [00:07:06] up and um, they've included I included a [00:07:10] link in the email and some of the some [00:07:12] supporting [00:07:13] documentation so that people uh, should [00:07:16] know that they're [00:07:18] welcome to express their opinions and [00:07:22] support this legislation. I say support [00:07:25] because I think our local towns should [00:07:27] support it because it means we possibly [00:07:29] end up with some more [00:07:31] funding. So, right now we need to get it [00:07:34] out of committee and hopefully if it [00:07:37] passes this the committee, this joint [00:07:39] committee on environment and um natural [00:07:44] resources, it will then move along and [00:07:46] hopefully be taken up by the House and [00:07:48] Senate and be voted on at some point. [00:07:51] So, that's my message. encourage [00:07:53] everybody to submit comments if they [00:07:56] have the time. [00:07:58] Thank you. Thank you, [00:08:03] Mr. Bite. Yes. Paulite, uh, concerned [00:08:07] citizen, [00:08:09] resident. Uh, this is has nothing to do [00:08:13] with anything you briefly discussed. [00:08:17] I have been uh for a lack of a better [00:08:20] word kind of auditing [00:08:22] uh the capital planning um work on [00:08:29] uh partially [00:08:31] relocating our police department. And I [00:08:34] use the word partially because we are [00:08:36] partners within the Brainree. [00:08:39] And I want would like the select board [00:08:43] to consider [00:08:45] uh more than just one [00:08:48] location for the new [00:08:52] department annex [00:08:55] or place. Um I have dug into [00:09:03] um police sizing and the reason why I [00:09:06] done that is because if we're going to [00:09:09] invest money in in a new department area [00:09:14] uh we have to know what [00:09:17] we are building and for what and there [00:09:22] are some outstanding questions. one is [00:09:25] what New Brainree would offer us uh even [00:09:29] though they're still partners. My [00:09:30] assumption is that they will still have [00:09:33] some kind of presence in the brain. I [00:09:36] think that's important. I also think [00:09:38] that it's important that the state [00:09:40] police be uh interviewed or uh not [00:09:46] interviewed but uh uh ask them to [00:09:49] present [00:09:51] what services they may offer uh rural [00:09:56] policing departments. so we don't [00:09:58] duplicate [00:10:00] uh for no reason uh because it could [00:10:04] possibly be costly. And I've [00:10:07] also taken into consideration [00:10:11] uh uh one location uh which is this [00:10:16] municipal building and what it may need [00:10:20] and what I have come up with is that [00:10:23] several things need to be addressed with [00:10:25] this building. one uh there's mold and [00:10:30] water problems in the basement which [00:10:33] have to be addressed eventually sooner [00:10:36] probably rather than later. The uh the [00:10:41] stone wall behind the building is [00:10:44] toling. The drainage system needs to be [00:10:47] addressed. There needs to be um handicap [00:10:52] accessibility. [00:10:54] And I think that if there's a [00:10:57] consideration of bringing the police [00:10:59] department back [00:11:00] here, spending that money would lower [00:11:03] the cost of the new police station or [00:11:08] the new [00:11:09] relocation. Uh, and it's difficult for [00:11:13] me to put numbers on that, but uh, using [00:11:18] the police department's proposal, 2017 [00:11:22] proposal, which sits on that [00:11:25] wall, I believe that the town could [00:11:28] possibly [00:11:30] save between [00:11:32] three and possibly $4 [00:11:36] million. And I would ask the select [00:11:39] board to entertain [00:11:42] uh more than [00:11:45] just the lower road uh [00:11:51] location. And again to entertain the [00:11:54] state police to see what they have to [00:11:56] offer and also [00:11:59] entertain the New Branch town to see [00:12:04] what they may offer us as well. [00:12:08] Um, I I can answer a few questions if [00:12:12] somebody has them, but I'm really not [00:12:16] here for that. [00:12:18] Thank you. Thank you. Thank you. [00:12:23] Either of uh you guys want to do [00:12:25] anything with us right now, [00:12:29] take it under advice and look anywhere [00:12:32] or I mean you're you're a member of the [00:12:34] capital. We need to talk about it for [00:12:36] sure. I like the idea of putting the [00:12:38] money into the police station and at the [00:12:42] same time improving this building which [00:12:44] is in need of some of this stuff before [00:12:47] it rots. So good. Why wasn't that [00:12:52] considered to begin with? I think it has [00:12:54] been. It has been. [00:12:57] I think it at some point we're going to [00:12:59] have to as the select board present a [00:13:02] plan or perhaps a couple of plans for [00:13:07] the town's folks that are [00:13:11] building that too. Maybe we should put [00:13:14] it on a future agenda to have a full [00:13:16] discussion on this. Okay. I would agree [00:13:18] to that. Yes. When would you like to [00:13:20] discuss it? at the [00:13:22] next selections we'll [00:13:26] make and we can invite [00:13:29] uh the state [00:13:31] police to send a representative and [00:13:34] answer some questions not about this [00:13:37] specifically but also interesting to [00:13:40] reach out to the police that you and [00:13:43] have one of them here [00:13:46] they have to be involved yeah well they [00:13:49] have been right they have I assume so. [00:13:52] But uh just let me know. I I could add [00:13:55] one thing. Uh the the police, the our [00:14:00] local [00:14:01] police that era, [00:14:04] 2017 uh produced that plan. I have not [00:14:09] found any uh public uh [00:14:14] input in in that design at all. Uh, and [00:14:21] that is really what concerned me. [00:14:25] Um, so you guys going to do what you're [00:14:29] going to do, but public input is most [00:14:33] important because the police department [00:14:37] represents the town. [00:14:41] Thank you. Thank you. [00:14:45] Anybody [00:14:46] else? Yes, sir. I suggest you make it a [00:14:48] joint meeting with the capital planning [00:14:50] committee since they've been working on [00:14:52] this. [00:14:54] I think the capital planning committee [00:14:56] can be here and we'll post it. Okay. [00:15:00] Yeah, that would be a good idea. Have a [00:15:02] joint meeting. So, good idea. That way [00:15:05] people get to see who's on the committee [00:15:07] as [00:15:11] well. Okay. Um, sewer of [00:15:18] Do you want me to give you a little [00:15:20] information? Sure. Um, so the 19 Church [00:15:24] Street, Gilbertville, um, they had no [00:15:27] indoor plumbing due to a town sewer [00:15:29] failure from February 5th of this year [00:15:31] to April 25th. So that's why there's a [00:15:33] sewer abatement for that one. Um, the [00:15:35] 1811 Berry Road and Wheelright, the [00:15:38] property is used for storage. There's no [00:15:39] occupancy. [00:15:41] Um, 268 Main Street in Gilbertville. [00:15:44] There are two businesses at one [00:15:46] location. They sought to abate one and [00:15:49] have been denied the other. Uh the edus [00:15:51] have to be changed in the next billing. [00:15:53] So that's why there's an abatement for [00:15:55] that one. This 170 Peter Jam Road, [00:15:59] Harwick, there's no sewer at that [00:16:02] property. [00:16:05] And so I have all four of those for you [00:16:08] um with all the documentation. Um so at [00:16:12] your should you approve them um they're [00:16:16] here for signature at the end of the [00:16:17] meeting. Okay. Um what about Scott's [00:16:20] email regarding the sewer the sewer [00:16:24] line? Scott, sorry. this Scott Potter's [00:16:29] email about he asked you for a question [00:16:31] regarding the sewer regulations on a [00:16:34] property in Hardwick seor line extension [00:16:37] and he asked for discretion of the board [00:16:39] or comment from the board [00:16:43] I'm sorry I don't know what email you're [00:16:45] referring to [00:16:47] okay well next time is he talking about [00:16:51] uh the 170 Peter Sham wrote I don't know [00:16:55] exactly what he's talking about was a [00:16:57] sor line extension. He was referencing [00:16:58] an 8 in man and he had a question about [00:17:02] it. Didn't see it. [00:17:05] Okay. [00:17:07] Um, as far as the abatements [00:17:13] go, I seek a motion to accept or reject. [00:17:16] I'll I'll make a motion to accept that [00:17:19] the reasons all [00:17:21] seem see same seem uh [00:17:24] valid. [00:17:26] I make a motion that we accept the four [00:17:29] sewer abatements. 170 Peters Road, 268 [00:17:33] Main Street, [00:17:35] uh 19 Church Street, [00:17:38] and 1811 Barry Road. I'll second the [00:17:42] motion. Further [00:17:44] discussion? All in favor? I I. Thank [00:17:48] you. [00:17:51] Appointments. [00:17:53] Beth Cafferella [00:17:56] Caparella [00:17:58] Caparella to the youth [00:18:01] commission and she has a letter of [00:18:03] interest in the packet. Yep. You'll see [00:18:06] her email in the packet. [00:18:10] I've read [00:18:11] it probably. [00:18:16] We'll make a motion she be appointed to [00:18:19] the youth commission. I'll second the [00:18:21] motion. All in favor? I I [00:18:26] Joanne Johnson would like to be on the [00:18:29] Barry Hardwood Council on Aging [00:18:38] board. Okay, I'll make a motion. I'll [00:18:41] make a motion. Oh, Joanne Joanne Johnson [00:18:45] appointed to the Barry Hogwart Council [00:18:47] on Aging Board. I'll second. [00:18:51] All in favor? I I [00:18:55] discussion and vote on fiscal year 2026 [00:18:58] select board meeting dates. So I put [00:19:01] this together for the board last year. [00:19:03] Um that way um should you approve, we [00:19:06] can get them on the website. Um so it's [00:19:09] all of the meetings for FY26. You'll [00:19:11] notice that one has a two has a two have [00:19:14] stars. That's because they fall on a [00:19:15] holiday. So it's moved to the next day, [00:19:17] which is a Tuesday. [00:19:21] Um, it's pretty much straightforward. [00:19:23] Yeah. Yeah. And I make a motion to [00:19:28] um approve the select board meeting [00:19:30] dates as listed. I'll second. All in [00:19:34] favor? I I didn't want to read [00:19:39] everyone. And if I need to add I really [00:19:43] don't want to go to 10:00. Mr. Chairman. [00:19:45] Okay. That's a joke I was making [00:19:48] earlier. Oh, it's not funny. Uh, [00:19:51] discussion and vote to hold a special [00:19:53] meeting for snow and ice [00:19:55] appropriation. Is that the only thing [00:19:57] that's going to be on it or is there [00:19:58] going to be further budget talk and [00:20:01] stuff like that? Um, we had I had a [00:20:04] conversation today um with the town [00:20:07] clerk and actually Mr. Rollheim and I [00:20:10] met today with uh the assessor. Um, we [00:20:13] also we're in contact with the [00:20:15] accountant and that is the only thing. [00:20:17] Um, so we'd like to have a special town [00:20:20] meeting in this room on June 30th at [00:20:24] whatever time the board 6:00 or whatever [00:20:26] time the board um sees fit for the snow [00:20:29] and ice. Um, we approximately [00:20:33] $155,000 over our snow and ice budget. [00:20:36] Um, for I'm just looking for when what [00:20:39] day of the week is it's a Monday. It's a [00:20:41] Monday. [00:20:42] That would be our regular Yeah, that's [00:20:44] our next regular meeting. Okay, your [00:20:47] next regular meeting is the 23rd. So, [00:20:49] this would be the Monday after that. Let [00:20:50] me just verify because I could be losing [00:20:52] it. Next Monday, not June. I know that's [00:20:55] why I was around to see if I could find [00:20:57] another one. Um, so your next meeting is [00:20:59] the 23rd. This would be the Monday after [00:21:00] that. Um, this would be 30th. Yes. [00:21:04] 15:30. Yep. [00:21:07] That's case. I prefer 6:30. [00:21:10] Yeah. Yeah. Whenever time you want. Um [00:21:15] I'm sorry, I lost my train of thought [00:21:16] for a second. Oh, we were approximately [00:21:18] $155,000 over our zone ice budget this [00:21:21] year. Um [00:21:23] the highway department budget was able [00:21:27] to um absorb a chunk of it because they [00:21:30] had no staff for the majority of the [00:21:32] year. Um so the free cash will go to the [00:21:37] remainder of the snow and ice. So that's [00:21:39] why we needed a town meeting to [00:21:40] appropriate um our free cash to go to [00:21:43] the snow and ice deficit for FY25. So [00:21:46] that's the request tonight. [00:21:51] We have to post a warrant for the [00:21:54] meeting I think by the 16th. Mhm. [00:21:57] Are the articles and everything drawn [00:21:59] up? It's one article and not yet. I'm [00:22:02] just waiting for you guys to um set it [00:22:05] and okay it so we can do that one a [00:22:08] motion. Well, I'm still we're still [00:22:11] discussing things. Okay. I I have [00:22:14] questions um regarding free cash. Is it [00:22:17] all certified and everything? I think [00:22:20] we're [00:22:21] there. Well, are we or not? Are we? Um [00:22:27] so free cash was certified. Um there was [00:22:30] an email that went out in April asking [00:22:32] what our free cash was um for the annual [00:22:36] um that number did not turn out to be [00:22:38] the number that was in fact true. Um so [00:22:42] our new number is about $50,000 less [00:22:44] than we thought. Um therefore with our [00:22:47] enormous snow and ice deficit this year, [00:22:49] all of our free cash is going to be [00:22:51] going to our snow and ice deficit. And [00:22:54] again, um, you've heard me say numerous [00:22:56] times, I've been saying for months, I'm [00:22:58] extremely worried because we have so [00:23:00] many overspent accounts. Our free cash [00:23:02] is, we're going to have a really hard [00:23:04] time the next few years with free cash. [00:23:08] Um, so that's that's where we are. So, [00:23:12] do we actually have a number or we just [00:23:14] negative 55 50,000? We'll be putting um [00:23:17] 65,000 [00:23:20] um which is our free cash number. 65 and [00:23:23] change. I'm sorry, I don't know the it's [00:23:25] 65,000. Um, that will 100% be going to [00:23:28] our snow and ice deficit. [00:23:34] I think it's 65 327. [00:23:40] Okay, that's pretty much it. Okay, good. [00:23:45] Okay, so good. So, we'll proceed with [00:23:49] that and one article on the warrant and [00:23:52] I think we'll have to sign it. We'll [00:23:54] have to come in and sign it. Okay. I'll [00:23:57] make sure I'll reach out to you. Do we [00:23:59] have an exact date? So, it's June 30th [00:24:01] at 6:30 p.m. Yes. Okay. To discuss. [00:24:06] Okay. All right. Right. So, I'll make a [00:24:07] motion to hold the special town meeting [00:24:10] for snow and ice appropriation [00:24:12] uh June 30th at 6:30 p.m. to just with [00:24:15] the free cash and all that. I'll [00:24:19] second. All in favor? [00:24:23] I [00:24:24] so Mr. Chair, so we can switch around [00:24:29] the agenda for a little bit. Okay. And [00:24:32] the approved meeting [00:24:34] minutes, the meeting minutes. Okay. Um, [00:24:37] select wood round table one and then uh [00:24:41] you want to go back to item six. [00:24:44] Well, it it's showing uh going into [00:24:48] executive session. [00:24:51] Do you want to do that on item six is [00:24:54] not executive session but down here at [00:24:57] the bottom that's that's at the end of [00:24:59] the selecting round table. Okay. So, [00:25:01] we'll be doing it twice. [00:25:04] No. Okay. No. So that's why I'm [00:25:07] recommend I'm requesting that we skip [00:25:09] item six for now. Okay. Thank you. You [00:25:12] don't want my reporting. Just saying. [00:25:15] Okay. Uh meeting minutes. Meeting [00:25:18] minutes. March 10th and March 24th. [00:25:21] March 24th and April 8th. Um well, April [00:25:25] 8th, if I may. I wasn't here for that [00:25:27] meeting. Um, also it's excluded from the [00:25:31] record my letter that I submitted to the [00:25:34] select board and that needs to be [00:25:36] addressed for the record. Um, so we will [00:25:39] hold off on and [00:25:41] I don't know how you're going to approve [00:25:43] this cuz it's just you who was here. [00:25:46] Yeah, I wasn't here. [00:25:52] Uh, maybe we'll talk about it. Okay. [00:25:56] Well, as long as just me makes some [00:25:59] changes to it, I'm fine. So, you want [00:26:01] your Well, it was part of the record. It [00:26:03] was attach your meeting. Well, I sent a [00:26:07] letter, the one you're going to discuss [00:26:09] later, and it was never addressed at [00:26:11] that meeting, right? So, it needs to be [00:26:14] in the record of that meeting. So, you [00:26:16] just want you want, just so I [00:26:18] understand, you just want you have the [00:26:19] letter attached to the meeting minutes. [00:26:22] And we can deal with March 10th and [00:26:25] March 24th. Yep. March 10th. March 24th. [00:26:28] I don't have any issues with Jeff. Do [00:26:30] you have anything any question? Oh, but [00:26:31] you weren't here. I wasn't here. All [00:26:33] right. So, I'll make a motion that we [00:26:35] approve the meeting minutes of March [00:26:37] 10th and March 24th. I'll second it. All [00:26:41] in favor? [00:26:44] Okay. Okay. Town administrator report. [00:26:50] um working with the contractors to get [00:26:52] the trees removed behind town hall. Um [00:26:55] the security cameras were installed at [00:26:56] town hall. Um working with town council [00:26:59] on the page building purchase and sale [00:27:02] agreement. Fuel bids for FY26 have been [00:27:05] advertised. Um so they are due back on [00:27:07] the 23rd. Um 10 to two meetings for the [00:27:10] sewer project. Um held a department head [00:27:13] meeting where we discussed performance [00:27:14] evaluations with department heads at [00:27:16] year end. um met with the treasure [00:27:19] collector, treasur consultant and [00:27:20] assessor. We've been meeting regular um [00:27:22] because there's been a lot of financial [00:27:24] discrepancies. Um met with the assessor [00:27:27] and town clerk on several several times [00:27:29] on town meeting prep and motions and [00:27:31] warrants and everything um to get [00:27:35] Saturday um out of the way and done and [00:27:38] everything. Uh we held our bi-weekly [00:27:41] financial management planning meeting [00:27:42] with the assessor, treasur, collector, [00:27:43] and accountant. We submitted the onetop [00:27:46] grant [00:27:47] Um, we started the year-end reporting [00:27:49] for grants and earmarks to secure our [00:27:51] funding before the end of the [00:27:53] year. Been going over department [00:27:56] performance [00:27:57] valuations currently holding open [00:28:00] enrollment for employees who are on the [00:28:02] insurance. We had Maya, we had Boston [00:28:04] Mutual [00:28:06] um out to meet with the employees. [00:28:10] um posted the assistant treasure [00:28:12] collector position on the MMA website [00:28:14] indeed in the town website and we posted [00:28:16] the wastewater treatment plant operator [00:28:18] on the MMA website indeed town website [00:28:20] and their association website. Um I met [00:28:23] with Maya on our past frequent claims [00:28:26] for our property and [00:28:27] casualty. I attended a webinar on [00:28:29] developing municipal financial policies. [00:28:32] I met with the board of health chair on [00:28:34] issues with republic trash services. Um [00:28:36] that's been an ongoing issue for for the [00:28:38] past four weeks. Um I've Senator [00:28:42] Durant's office reached out to me today [00:28:44] where I was able to give them with um [00:28:47] the board of health help a list of the [00:28:50] people that have either reached out to [00:28:51] my office or their office just so they [00:28:53] have some idea of the streets and [00:28:55] locations. Um ultimately it's not [00:28:58] through the town, but it is still our [00:29:00] residents. So anything that we can do um [00:29:02] it's just really it's it's it's just [00:29:04] unspeakable. [00:29:07] awful. [00:29:09] Um I also now that he's here um I've [00:29:13] been working with um Harry with Kasarge [00:29:16] Solar um on their in town council on the [00:29:20] the lease agreement for their solar [00:29:22] project. It's been going, you know, it's [00:29:24] been before the board several times, but [00:29:26] we're working on a lease. um they have a [00:29:29] six figure bill they have to pay. So [00:29:32] they want to secure a lease before they [00:29:34] make that huge payment. Um so that will [00:29:36] be bringing revenue into the town. So [00:29:38] want to thank Harry for that. Um one [00:29:41] question. Did you receive back from the [00:29:43] town I'm sorry. Did you receive anything [00:29:46] back from the town attorney when you [00:29:48] passed the They're still um going [00:29:50] through the edits. Yeah. But I will as [00:29:52] soon as I can. Okay. Thank you. [00:29:55] Um, I have a couple things I want to [00:29:57] read. One of them's kind of happy, the [00:29:59] other one's not. Um, so I'll start with [00:30:02] happy. Um, St. Alawish's school [00:30:05] dedicated their yearbook to Lieutenant [00:30:07] Landine. Um, so I wanted to read that [00:30:10] cuz I thought it was really nice. We [00:30:13] dedicate this yearbook to Lieutenant [00:30:15] Kevin Landine at the Hardick New Branch [00:30:17] Police Department. Since the school's [00:30:18] inception in 2016, Lieutenant Landine [00:30:21] has been an integral part of our [00:30:22] community. He has taken part in building [00:30:24] inspections, arrived at fire alarms, [00:30:27] assisted with emergencies, [00:30:29] addressed our students, handed out [00:30:31] freeze pops on field day, provided Alice [00:30:34] training, and attended our drills. He's [00:30:36] been present at drop off and pickup, [00:30:38] helping the students learn to not be [00:30:39] afraid of police. No matter the [00:30:41] situation, Lieutenant Landine has always [00:30:43] been a true professional. We have gone [00:30:46] to him for advice many occasions, and no [00:30:48] matter what he is involved in, he always [00:30:49] makes time for us. In 2024, Lieutenant [00:30:52] Land Dean assumed a vacant seat on our [00:30:54] school board. As a practicing Catholic [00:30:56] with a family background in education, [00:30:58] he always adds valuable input to our [00:31:01] discussions and even beyond the realm of [00:31:02] school safety. We are blessed to have [00:31:05] come to know him for so many reasons and [00:31:07] we hope that he will continue to be a [00:31:08] fixture at St. Alawish's Catholic School [00:31:10] for many years to come. [00:31:15] Um, I also would like to read um a [00:31:18] letter from our police chief, Chief [00:31:21] Aayot. Um, he has submitted for his [00:31:24] retirement today. Um, so he asked me to [00:31:27] read this at tonight's [00:31:29] meeting to the select board of Hardwick [00:31:32] and New Branch. It has been an honor and [00:31:34] privilege to serve the town of Hardwick [00:31:36] and New Branch as your police chief. But [00:31:37] after many years in law enforcement, my [00:31:39] journey in this profession is coming to [00:31:41] a close. For the past few months, I've [00:31:43] reflected on my career and realized now [00:31:45] is the right time for me to retire. I [00:31:47] want to thank the boards of selectman, [00:31:49] my family and friends, fellow officers, [00:31:51] and the residents of Hardwick and New [00:31:53] Branch personally for entrusting and [00:31:55] supporting me with this amazing [00:31:56] responsibility, and I will forever be [00:31:58] grateful for my time here. While I know [00:32:00] I will miss many aspects of this career, [00:32:02] I'm very excited to start the next [00:32:04] chapter of my life outside of public [00:32:05] safety. Please accept this letter as my [00:32:08] notification to the towns of Hardwick [00:32:09] and New Branchry that I will be retiring [00:32:11] effective August 2nd, 2025. I am [00:32:14] committed to working with the boards and [00:32:16] the newly appointed police chief to [00:32:17] ensure a smooth transition. [00:32:19] Respectfully, James [00:32:21] Aayat. Um he also met with our treasure [00:32:24] collector today to start that paperwork [00:32:26] um and everything that we need on the [00:32:28] town side. So um he asked that I read [00:32:30] that tonight. [00:32:34] Do we uh We want a letter of uh to [00:32:38] accept his resignation with regret. [00:32:41] Sure. Yeah. [00:32:46] Okay. Um motion to make a a letter to [00:32:50] accept his [00:32:52] retirement with regret. [00:32:55] Regret missed. [00:32:59] The only other thing I have is I want to [00:33:01] um acknowledge um Selectman Tinker and [00:33:04] Bill Zinny for testifying at the state [00:33:06] house last week for the Quan bill. Um [00:33:09] they took the time to go to Boston and [00:33:11] represent the town and I thought they [00:33:13] should be acknowledged and I um I read [00:33:16] Slackman Tinker's letter that he read at [00:33:18] the at the hearing and I thought it was [00:33:19] extremely eloquent and [00:33:21] um you are very well spoken. [00:33:25] Thank you. the letter. Thank you, Bill. [00:33:28] It's a long day for 3 minutes. Thanks. [00:33:30] Back to you. [00:33:33] Can I make a comment? [00:33:35] Sure. [00:33:37] And I meant to say it before, but I [00:33:40] don't know if a week's time is enough [00:33:42] time for the select board to officially [00:33:46] send a letter or a comment, you know, as [00:33:48] a board. [00:33:50] But [00:33:53] um Bill Tinker's letter was pretty well [00:33:56] written. You could maybe condense it a [00:33:58] little bit and send it on behalf of the [00:34:00] board. I think the more they get from [00:34:02] local town boards and other, you know, [00:34:05] whether it's select boards or planning [00:34:07] boards or [00:34:09] uh conservation commissions, whatever, [00:34:12] not to mention [00:34:13] citizens. I think the more impact it has [00:34:17] on them, I don't know. I love Bill's [00:34:20] letter. You want to do that? Yeah, [00:34:23] absolutely. You wanted to do that? Yeah. [00:34:25] I believe a sent letter and everything. [00:34:28] I have it. I mean, you could maybe [00:34:30] condense it a little, you know, and [00:34:32] streamline it, but I think it would make [00:34:35] a good submission if that's okay with [00:34:37] you. Not going to cost us. Are we [00:34:40] agreeable that send it as a letter from [00:34:43] the selector? Yeah. Selector. Yeah. make [00:34:45] a motion that we send a [00:34:47] letter signed by the selector. I will [00:34:50] absolutely second it. Okay, good. Thank [00:34:52] you. All in favor? [00:34:55] I just can print it out, make whatever [00:34:58] changes and that's fine and send it to [00:35:00] the state house. [00:35:05] Okay. [00:35:07] Um round [00:35:09] table, what do you think? Well, just [00:35:12] going to thank Bill Zinny for traveling [00:35:15] into Boston doing all that because he [00:35:18] was good, too. He was sharp. He was well [00:35:21] dressed and he did excellent. So, and [00:35:23] the state house can be very intimidating [00:35:25] and people better for spending an hour [00:35:28] and a half trying to [00:35:30] park and and we're only I'm only lucky [00:35:33] that they that particular hearing out of [00:35:36] 10 or 15 hearings wasn't heard before I [00:35:39] came running in there sweating after [00:35:42] having tried four different underground [00:35:44] parking garages with no signs saying [00:35:46] don't bother they're full and wasting 20 [00:35:49] minutes underground in each one to find [00:35:51] out every spot was taken. [00:35:53] So, I ended up at the credential center [00:35:54] and had to hike in. I really appreciate [00:35:57] you being there and doing that and me [00:36:00] not being there and doing that. I hope [00:36:02] it goes somewhere. I mean, I it's yet to [00:36:04] be seen. If it gets out of committee, [00:36:05] maybe. Who knows? We have enough radical [00:36:07] comment. It could be. We get more money. [00:36:10] Piling in with that other letter that's [00:36:13] been crafted by Yeah. And other people [00:36:15] are writing letters in other towns, too. [00:36:18] Our teammates across town. And there was [00:36:20] some very good testimony from other [00:36:22] towns as well. Yeah. That day. Just not [00:36:25] enough. Right. But there were very very [00:36:29] good. There were towns [00:36:31] missing. There was I think people were [00:36:33] faked out a little bit because uh they [00:36:36] were going to have a press conference [00:36:38] and the hearing and the press conference [00:36:41] part was [00:36:42] postponed and people mistook that to [00:36:45] mean the whole thing was postponed. And [00:36:46] at the last second, I heard by talking [00:36:48] to uh Senator Cford's staff that no, the [00:36:51] hearing is still on. That's a big deal [00:36:54] to schedule a hearing. It's just the [00:36:55] press conference was postponed. Mhm. So, [00:36:58] some people probably didn't realize they [00:37:02] could zoom, you know, and testify, but I [00:37:05] think a lot of them will be sending in [00:37:07] comments. Yeah. There and there are [00:37:09] other, you know, there are other towns. [00:37:11] Oh, yeah. [00:37:13] Involved. Okay. And what do you think [00:37:15] our chances that do you have any I don't [00:37:18] know because the Mass Water Resources [00:37:20] Authority is going to push back because [00:37:22] they want to be able to sell their water [00:37:24] in the east to Boston users and not send [00:37:27] any of it out here. You know, Senator [00:37:29] Cford's legislation um actually proposes [00:37:32] creating a trust fund for all the quad [00:37:35] towns that host the reservoir and the [00:37:38] watershed lands like $35 [00:37:42] million. Uh not to mention increases in [00:37:44] pilot uh you know payments in local [00:37:47] taxes because a lot of towns and Jan [00:37:50] explained this to me that we don't get [00:37:53] as great a payment on the bottom lands [00:37:55] that are submerged. Right. So anyway, [00:37:58] the idea would be to increase those plus [00:38:00] this trust fund. They're not going to [00:38:02] want to give up money. So it's a matter [00:38:06] of the towns out here arguing that we [00:38:08] deserve it. where the caretakers, the [00:38:11] custodians, you know, that kind of [00:38:12] thing. Stewards. I don't know what the [00:38:15] chances are, but we got to get it past [00:38:17] the committee at least. If it gets out [00:38:19] of committee, that's a win. Last time it [00:38:22] didn't get out of committee, right? So, [00:38:24] even if it happens again next year, it's [00:38:27] stronger this because of this year. Can [00:38:30] only help, you know. [00:38:32] Mr. Chair. Yes, ma'am. May I add one [00:38:35] other thing that I didn't have time to [00:38:36] put in my report? [00:38:38] Um today our accountant has also [00:38:41] resigned. [00:38:44] Really? Yeah. [00:38:48] So um effect of immediately. No, at the [00:38:51] end of the fiscal year. Okay. Um there's [00:38:55] been a lot that's been going on [00:38:56] financially since that's come to light [00:38:58] since January. And I don't blame anyone [00:39:01] at all for wanting to move on. [00:39:05] Um we're doing everything. [00:39:08] There's a lot of damage and there's a [00:39:10] lot of through experience Saturday a lot [00:39:13] of missing information. Right. [00:39:17] Right. We'll chew on. Yep. Like anything [00:39:21] we'll get further. [00:39:25] All right. So you guys going back to [00:39:28] item six. This is where I recuse myself. [00:39:31] As you the select board are aware that [00:39:34] my open meeting law complaint and my [00:39:37] complaint submitted to the attorney [00:39:38] general regarding the special town [00:39:40] meeting. Let me be clear. I'm recusing [00:39:43] myself from all discussion, [00:39:44] deliberation, decision making on these [00:39:47] items. My recusal is not optional. It is [00:39:49] necessary and proper under open meeting [00:39:52] law, the principles of good governance [00:39:55] and basic conflict of interest [00:39:57] protection. This is not about refusing [00:40:00] to speak. It's about refusing to [00:40:01] compromise the process. These matters [00:40:04] involve me personally in participating [00:40:07] in any way defensively or otherwise [00:40:10] would create the very appearance of [00:40:12] improp impropriy that I am trying to [00:40:14] avoid. I will not be baited into [00:40:17] violating the ethical standards I hold [00:40:20] others to be accountable for. If the [00:40:23] town wishes to discuss these matters and [00:40:25] must do so without me, as I've already [00:40:27] requested and stated on the record, I [00:40:30] reserve my right to respond in the [00:40:32] proper venue through form or process, [00:40:34] written statements, or legal filings, [00:40:37] not in a stage discussion designed to [00:40:39] discredit it or trap me. Thank you. Good [00:40:43] night. Good night. [00:40:51] So, you don't intend to stay for the [00:40:53] executive session? I can. I can. I can [00:40:55] sit on right there. Okay. Thank you. [00:40:56] I'll see you. [00:41:01] All right. [00:41:02] Well, we're here to discuss Mr. Tinker's [00:41:06] correspondence and response from the [00:41:08] planning board. If things get noisy, [00:41:12] I'll start being a chairman like I was [00:41:14] taught by Mr. [00:41:17] Zaba. Uh, until then, [00:41:21] if I'd like things directed at me, not a [00:41:26] lot of cross stuff. Sometimes it [00:41:28] happens. I like to let it go and be [00:41:31] free. Uh, but I'm if I have to speak [00:41:36] loudly, I'll do [00:41:38] that. Does anybody want to start with [00:41:40] this? [00:41:47] Um what uh do we have somebody from the [00:41:50] planning board who's willing to talk [00:41:52] about the [00:41:54] complaint? Sure, I would. Uh Bill Cole [00:41:57] um now chair, but it wasn't that time. [00:42:01] Um I was surprised to see this on the [00:42:05] agenda tonight. Um but [00:42:09] u I I'm happy to explain from our [00:42:11] perspective what what happened. [00:42:14] um at the meeting that earlier we heard [00:42:19] um mentioned where Mr. Tinker's letter [00:42:23] to the board asking that the board not [00:42:26] set our [00:42:29] uh a date for a special town meeting to [00:42:32] to review the bylaw process to continue [00:42:35] the bylaw process and have it voted on [00:42:37] by the town. Um that letter was not read [00:42:40] into the record apparently. didn't know [00:42:43] there was that letter that night. Um and [00:42:47] then um and by the way, there was a [00:42:49] letter that we sent about the process [00:42:52] that same night. Um and it's it's and [00:42:56] sending it off to legal review just [00:42:58] about what that legal review should be [00:42:59] about. Um just a procedural thing. That [00:43:02] letter didn't get didn't get into the [00:43:04] record. Apparently, this other letter [00:43:06] did not either. We heard about it that [00:43:09] night when I think it was Mr. Smith [00:43:11] said, "Are you going to re read that [00:43:13] letter into the record?" We didn't know [00:43:14] what that was, but it clearly addressed [00:43:17] concerns about the planning board. Um, [00:43:21] and for that to be shared with the [00:43:24] planning board, I don't think should be [00:43:26] any surprise. Um, so we did receive a [00:43:30] copy of the letter to look at and we're [00:43:33] disappointed to see some of the language [00:43:35] in it. um some directed toward the [00:43:38] process that that the select board and [00:43:42] the town clerk were following in terms [00:43:45] of setting the the meeting. If I could [00:43:47] interrupt you, maybe uh it would be good [00:43:50] if I read that letter. Sure. [00:43:53] Thank you. It's in your packet. Okay. [00:43:55] Well, I if there's a copy right there, I [00:43:57] don't have to go dig through the [00:43:59] back. Appear to be the handle's clamp. [00:44:03] I've been digging for a Did you buy it? [00:44:09] Um, this is the letter April 3rd [00:44:13] question. This is one sent to the select [00:44:15] and this was the planning question. [00:44:17] Okay, I'll read it. Uh, this is from [00:44:20] William Tinker [00:44:22] uh to the Hardwick Select [00:44:25] Board. Subject statement for the record. [00:44:28] Request to postpone April 7th vote to [00:44:31] approve proposed zoning bylaw articles [00:44:34] and set special town meeting. Dear [00:44:36] Madame Chair Kelly Kemp and Vice Chair [00:44:39] Eric Valheim, as I will be unable to [00:44:42] attend the meeting, April 7th select [00:44:44] board meeting due to a previously [00:44:47] scheduled travel. I respectfully request [00:44:50] that this letter be read into the public [00:44:52] record and entered into the official [00:44:54] meeting minutes. I would say that the [00:44:57] chair that night uh declined to do this. [00:45:01] I am formally requesting that the select [00:45:03] board postpone any vote to approve [00:45:06] proposed zoning bylaw articles and to [00:45:08] set a special town meeting for April [00:45:11] 24th, [00:45:13] 2025. This request was based on the [00:45:15] following serious concerns. Three of the [00:45:18] five members of the planning board are [00:45:20] now disclosed have now disclosed [00:45:22] conflicts of interest related to Eagle [00:45:25] Hill School, an organization that may be [00:45:27] directly or indirectly impacted by the [00:45:30] proposed zoning bylaw [00:45:32] changes. These conflicts raise [00:45:34] legitimate questions about the [00:45:36] independence and integrity of the [00:45:38] planning board's recommendations and [00:45:40] whether the development of the articles [00:45:42] has been guided by the best interests of [00:45:44] the town as a whole. [00:45:46] It also remains unclear whether the [00:45:48] planning board has fully complied with [00:45:50] all procedural requirements under [00:45:53] Massachusetts general law chapter 4A [00:45:55] section 5 including notice hearing [00:45:59] referral obligations and final drafts [00:46:02] etc. Whether or not members of this [00:46:04] board personally see the connection is [00:46:06] not the issue. The issue is that local [00:46:09] land owners are being denied housing [00:46:11] rights under state law while a private [00:46:14] institution stands to benefit from [00:46:16] restrictions on development. That is a [00:46:20] that is a legitimate concern worthy of [00:46:22] full disclosure, scrutiny, and [00:46:24] independent review. At the most recent [00:46:27] planning board meeting, members of the [00:46:29] public, including myself, were denied [00:46:32] the opportunity to speak. The conduct [00:46:34] and tone of the meeting were deeply [00:46:36] troubling and inconsistent with the [00:46:38] values of open government and respectful [00:46:41] public engagement. Additional potential [00:46:44] conflicts of interest involving the [00:46:46] other town officials may also exist. [00:46:48] These matters should be reviewed by town [00:46:51] council or referred to the appropriate [00:46:53] oversight agencies before these bylaw [00:46:56] articles move forward. [00:46:58] Moving forward with a special town [00:47:00] meeting under these circumstances may [00:47:02] expose the town to future legal [00:47:04] challenges and reputational risk. I [00:47:08] strongly urge the board to postpone any [00:47:10] action related to placing these zoning [00:47:12] bylaw articles on the warrant until [00:47:15] these concerns can be properly reviewed [00:47:18] and addressed. Thank you for your [00:47:20] consideration and for entering this [00:47:22] statement into the public record. [00:47:24] Respectfully submitted. William Tinker, [00:47:26] select board member town hardwood. [00:47:32] Continue. [00:47:33] If if I may continue a bit and then I [00:47:36] would like to ask you to read our reply. [00:47:39] I won't I won't do that. But let me say [00:47:41] that [00:47:42] um as I mentioned, we we saw the letter [00:47:46] for the first time after that. It it [00:47:48] wasn't mentioned at the meeting in [00:47:49] question. Um, the only way when what [00:47:53] when I I saw that it was [00:47:56] clearly, as I interpret it, a challenge [00:47:59] and a questioning of our independence [00:48:01] and integrity and so forth and the [00:48:04] planning board's ability to to do their [00:48:07] role. Um, I wanted to bring the letter [00:48:11] and the issue to the attention of the [00:48:13] other board members. And the only way as [00:48:16] we know that such matters or any matters [00:48:19] can be discussed [00:48:21] uh is in open meeting. So I brought it [00:48:24] up in the open meeting um at at the at [00:48:29] the meeting where Mr. Tinker claims that [00:48:33] he and other members of the public and [00:48:35] in fact there were just Mr. Tinker and [00:48:37] Mr. Smith there. That was that was it. [00:48:40] Um, [00:48:42] and they [00:48:44] uh we we started to talk about I started [00:48:47] to read that letter to the others so we [00:48:50] could decide what if anything to do [00:48:51] about it. And that raised um the eye of [00:48:55] Mr. Tinker who stood and threatened to [00:48:58] legal action if we were to disparage his [00:49:00] character or something something related [00:49:02] to the sort of disclaimer that you have [00:49:04] in your agenda that was in our agenda [00:49:07] copied for that one meeting under [00:49:09] visitor comments. This is not visitors [00:49:11] comments. So faced with that we [00:49:15] decided not to continue with the [00:49:18] discussion that night. We brought it up [00:49:20] at our next meeting, confident at that [00:49:23] time that that we needed to address it [00:49:26] and to send this select board our [00:49:30] response [00:49:32] um to the concerns that were raised [00:49:34] about our integrity and our ability to [00:49:36] function, particularly in respect to the [00:49:39] alleged conflicts of interest and any [00:49:41] matters that might come up regarding [00:49:44] Eagle Hill School. [00:49:46] Um, so in the letter you'll see that we [00:49:49] say the conflicts are longstanding and [00:49:53] disclosed and we function perfectly well [00:49:55] when something comes up. Can I read [00:49:57] that? Yeah. So, um, perhaps if when [00:50:02] you're ready, if you want to read our [00:50:04] response, I think it would speak for [00:50:05] itself as as did the other letter. Thank [00:50:07] you. All right. Not to cut you off, just [00:50:09] to cut in line. Yep. Um, hardwood select [00:50:13] board. Dear select board members, uh [00:50:17] this is from uh Hardwood Planning [00:50:20] Board, Bill Cole, Harry Kmerford, Eric [00:50:23] Fleming, Jenna Garvey, and John [00:50:26] Samk. Dear select board members, the [00:50:28] planning board would The planning board [00:50:30] would like to respond briefly to [00:50:33] accusations made against this board by [00:50:36] select board member William Tinker in a [00:50:38] public letter to the select board dated [00:50:40] April 3rd, 2025. [00:50:43] We would also like to assure the select [00:50:45] board and the citizens of Hardwick that [00:50:47] the planning board is fully able to [00:50:48] continue in its efforts to fulfill its [00:50:51] role effectively, fairly, and lawfully. [00:50:55] Mr. Tinker noted correctly that three of [00:50:58] five members of the current planning [00:50:59] board have now disclosed conflicts of [00:51:02] interest in respect to Eagle Hill [00:51:04] School. These conflicts are [00:51:06] long-standing and were self-disclosed by [00:51:09] the three members and proceedings have [00:51:11] been and will be handled accordingly [00:51:14] generally by including our one associate [00:51:16] member when needed to achieve a quorum. [00:51:20] Mr. Tinker then claimed legitimate [00:51:22] questions about the board's independence [00:51:24] and integrity and whether in recent [00:51:27] bylaw amendment articles had been guided [00:51:30] by the best interests of the town. After [00:51:33] discussion in open meeting on May 27th, [00:51:37] 2025, the planning board unanimously [00:51:39] found this claim to be unwarranted and [00:51:42] in fact insulting and voted to respond [00:51:44] with this letter. The bylaw amendments [00:51:47] and proposals were developed over [00:51:49] several years and have properly brought [00:51:52] to the select board and were properly [00:51:54] brought to the select board were the [00:51:56] subject of a public hearing, went to [00:51:59] legal review, and were scheduled by the [00:52:02] select board for presentation and a vote [00:52:05] at a special town meeting. All [00:52:07] consistent with town bylaws and mass [00:52:09] state statutes and all with the guidance [00:52:12] of our town clerk. The proposals were, [00:52:15] as you know, approved overwhelmingly by [00:52:17] voters at the special town meeting. [00:52:20] Furthermore, these bylaw proposals did [00:52:22] not even directly affect Eagle Hill [00:52:26] School. The planning board did not want [00:52:28] to let these accusations go [00:52:31] unanswered. Thank you for your service [00:52:34] to our town and for your time. [00:52:36] Respectfully, the Hardwood Planning [00:52:39] Board. Thank you. if you can would like [00:52:42] to continue. [00:52:45] Well, [00:52:46] um, as as that said, we felt it needed [00:52:49] to be answered in part to assure you and [00:52:51] anybody who happened to be tuned into [00:52:52] the matter that that these were not [00:52:55] issues of concern. Um, and while we [00:52:59] don't go into a lot of detail there, [00:53:01] it's been even tonight raised that these [00:53:04] conflicts are a problem and a violation [00:53:07] in the statutes. I would challenge it. [00:53:09] They're not a violation. There's no [00:53:11] there's no time that something comes [00:53:13] before the board involving Eagle Hill [00:53:15] School at which time the members would [00:53:17] would not recuse themselves from that [00:53:19] matter. We don't have any uh we we [00:53:23] expect and this is part of a discussion [00:53:25] that came up. expect to see a site plan [00:53:27] review application come forward which as [00:53:29] you would well know takes three a quorum [00:53:32] of three to consider that we have we [00:53:36] would need to get the quorum of three by [00:53:38] doing as we have the involving as we [00:53:40] have the associate member um otherwise [00:53:44] um it's not an issue there's not hill [00:53:47] doesn't come up like that I myself I'm [00:53:49] going to butter as are many people in [00:53:52] this town to to their properties across [00:53:54] the street from the [00:53:55] campus. Um, as was discussed, yes, [00:53:59] there's um, you know, one member is a [00:54:01] trustee at the school, one member has a [00:54:03] child in the school, one member, I guess [00:54:06] at one point in the past had a family [00:54:08] member who rented a property from a [00:54:11] building they owned, something like [00:54:12] that. Anyway, it's none of it. I'm not [00:54:16] going to say none of it's significant. [00:54:17] there's significant enough things that [00:54:19] we're told um just to be on the safe [00:54:22] side do not sit on matters involving [00:54:24] Eagle Hill School and we don't okay [00:54:26] haven't had to the same way that we [00:54:29] right now are using the associate member [00:54:31] to be to fill out a quorum for a special [00:54:34] permit application that involves a [00:54:35] different member in a small town these [00:54:37] things are going to happen and with a [00:54:39] big entity like Eagle School they're [00:54:41] going to happen fairly often um we have [00:54:43] been consistent about avoiding you know [00:54:47] um acting where there is any any [00:54:49] legitimate um concern of about conflict [00:54:52] of interest. So, we sent this letter [00:54:55] back and my thought would be that it [00:54:57] would probably just go in your record [00:55:01] that you'd see it. I didn't know it was [00:55:02] going to become a a public event. Um, [00:55:05] I'm glad to see [00:55:07] that, you know, more people know about [00:55:10] what's going on because it's [00:55:12] consistent with some of the tensions and [00:55:16] actions and distractions that have been [00:55:17] going on in town in many different many [00:55:21] different uh committees and boards and [00:55:23] so forth. And uh so I think people need [00:55:26] to know that, but that wasn't our [00:55:27] purpose in sending the letter. Okay. So, [00:55:29] we did so and and appreciate your uh um [00:55:33] acknowledgement. Thank you, [00:55:36] ma'am. Uh, yes. I had a [00:55:39] question. Um, we all agree that the [00:55:41] bylaws have nothing to do with Eagle [00:55:44] Hill, but the question I have is since [00:55:47] it doesn't have a [00:55:49] conflict, why offer your conflict of [00:55:53] interest at all? Why? Why did it ever [00:55:56] come into it? It was a bylaw. Bill [00:55:59] talked about the [00:56:01] procedure and then there was people who [00:56:04] said they had conflicts of interest to [00:56:05] Eagle Hill. What why even bring it up if [00:56:08] uh it has nothing to do with Eagle Hill [00:56:10] to begin with? Can I answer that? Yes. [00:56:12] Yeah. Thank you. Um the event you're [00:56:14] talking about happened at that March [00:56:17] 25th meeting. Um and it was correctly [00:56:20] noted the minutes for that have not yet [00:56:22] been approved. They will be tomorrow [00:56:23] night. They'll be presented tomorrow [00:56:24] night and and approved then I'm sure. [00:56:26] And in that you'll see um what I will [00:56:30] now tell you about the meeting of that [00:56:32] night. We had um three of us at that [00:56:36] meeting. Um [00:56:39] and we didn't need a quorum because we [00:56:43] weren't voting on on anything that [00:56:45] needed a forum before. There's certainly [00:56:47] nothing about Eagle in school. [00:56:50] into the into the meeting, unannounced [00:56:54] but always welcome came our zoning inspe [00:56:57] zoning enforcement officer, the building [00:56:59] inspector, Paul Stringham. So, we didn't [00:57:01] know he was coming. We have a number of [00:57:03] standing things we follow up with him on [00:57:05] when we get the chance. He came in and [00:57:08] he he he said, "Um, we I wanted to ask [00:57:13] you about the um building permits that I [00:57:17] haven't yet issued for for the [00:57:21] houses or on the new houses actually on [00:57:24] the parcel at uh Eagle Hill School on [00:57:27] campus. [00:57:28] Um he said it'd been by the board of [00:57:30] health, been by the conservation, but um [00:57:33] he [00:57:34] said as he'd said in prior [00:57:37] meetings, he acknowledges that [00:57:40] no zoning approval is needed for a [00:57:42] single family residence really anywhere [00:57:45] that that housing is allowed, but [00:57:47] particularly not not on a tax exempt [00:57:50] um uh campus like like like Eagle Hills. [00:57:55] So he his he pointed out that he thought [00:57:58] our bylaws were perhaps lack some [00:58:01] clarity. These ones have been on the [00:58:02] books a long time where it talked about [00:58:04] the 483 exemptions for nonprofits and in [00:58:08] our use tables whether we needed to say [00:58:12] any what was allowed for single family [00:58:14] residences and what was allowed for [00:58:16] other uses. [00:58:18] um the definition didn't include every [00:58:21] every entity that would be that is a [00:58:23] 4083 [00:58:25] entity. So as I'm looking at his [00:58:27] concerns and saying well okay that [00:58:28] should that could be clever. Um maybe we [00:58:31] should have the full definition in [00:58:33] there. We look at the fact that it said [00:58:37] u um other other uses would need special [00:58:42] or site plan review. [00:58:44] Well, it didn't it didn't say for [00:58:47] example other uses other than the single [00:58:49] family residences which are not in this [00:58:51] institutional category. So we [00:58:53] acknowledge that maybe that could be [00:58:54] clearer and I suggested that we put it [00:58:56] on the list for the next bylaw review [00:58:59] and see whether some clarity needs to be [00:59:02] added then that was it. Um and he [00:59:07] um Stringham did not ask for as was [00:59:11] characterized in an open meeting [00:59:13] violation complaint that was filed right [00:59:16] after that meeting. He did not do what [00:59:18] was claimed in that letter which said [00:59:21] that he we asked him to ask for a waiver [00:59:24] or something like that. Well, there was [00:59:26] no need for any waiver. That didn't [00:59:27] happen at all. Um so we went on from [00:59:32] there. [00:59:33] Uh the chair Jenna said um we you know [00:59:39] we don't have to vote. There's no vote [00:59:40] here. But even we couldn't vote even if [00:59:42] we wanted to because there's because of [00:59:44] these it's an Eagle Hill matter and [00:59:46] there's only two of us here that that [00:59:48] don't have a conflict. [00:59:51] um she was including in me then let me [00:59:53] back up one one step quick which is that [00:59:57] I knew that the site plan review [00:59:58] application for the dormatory would be [01:00:00] forthcoming and I knew that the houses [01:00:03] if anything had to be done on that which [01:00:06] didn't would [01:00:08] involve I needed to know if I would be [01:00:10] able personally to sit on living across [01:00:12] the street from their campus and even [01:00:15] though it's on a diff it's different [01:00:17] parcels I'm across from but it's part of [01:00:18] the campus and they're doing buildings [01:00:20] on other parts of the campus. I [01:00:22] voluntarily called the called the ethics [01:00:24] commission and said would I have a [01:00:27] conflict when these things come up just [01:00:28] being and a butter and they said they [01:00:31] said well uh is it you're you're you [01:00:34] abut it. I said well I abut some of what [01:00:36] they have but not the parcel that these [01:00:38] developments might be on. They said well [01:00:39] would it affect your property value? I [01:00:42] said probably possibly I don't know and [01:00:45] I don't know which way. And I said well [01:00:46] then you probably probably there's your [01:00:48] answer. we probably just shouldn't [01:00:49] bother to do it just to be safe. I said, [01:00:51] "Okay." So, I disclosed then at at the [01:00:55] point where where Harryford had [01:00:58] mentioned that we had up we expected to [01:01:00] see a site plan review for Eagle Hill [01:01:02] coming in. And [01:01:05] um uh and that that's when I said, [01:01:07] "Well, I won't be able to rule on that [01:01:09] to sit on that because of this conflict [01:01:12] I' I've just acknowledged." That's all [01:01:15] that was. It wasn't like there was some [01:01:16] discovery about now there's three [01:01:18] people, whatever. The others have been [01:01:20] long-standing. Mine's a long-standing [01:01:22] situation. I just clarified it and we we [01:01:24] reiterated we would not be ruling uh we [01:01:28] would not be sitting on an Eagle Hill [01:01:30] application. Okay. It was really that [01:01:32] simple. Thank you. [01:01:36] Yes, sir. [01:01:38] So this is the very reason why I started [01:01:41] recording meetings was that exact [01:01:42] meeting he's referring to on March 25th [01:01:45] because uh I think the characterization [01:01:48] of that is I disagree. Uh the building [01:01:51] inspector came and the chair of the [01:01:53] board said she would be happy to accept [01:01:56] his recommendation. She didn't ask him [01:01:58] for anything. She said she'd be happy to [01:02:01] accept his recommendation that they [01:02:04] don't have to do a site plan review. The [01:02:06] site plan review is actually required in [01:02:08] our [01:02:09] bylaws. And there that's where the [01:02:12] confusion is is our bylaw is full state. [01:02:14] Residential houses don't need a site [01:02:16] plan, but then there is a bylaw that [01:02:17] specifically pertains to nonprofits that [01:02:20] requires a site plan. Somehow this has [01:02:23] been waved and I believe that is the [01:02:24] purview of the building inspector. I [01:02:27] think it's interesting that Mr. Cole has [01:02:29] mentioned his conflict again, but still [01:02:31] he has yet to ever file this in a [01:02:33] written way. it's not sufficient to do [01:02:35] it verbally and he should have gotten [01:02:37] that guidance from state [01:02:39] ethics. On top of that, the other [01:02:43] um conflicts that are I I asked the town [01:02:47] uh clerk, I want all the conflicts for [01:02:49] all the current people in government. I [01:02:51] got one from Mr. Cmerford from 2013 in [01:02:54] their last planning board meeting. I [01:02:56] asked him specifically if he's still [01:02:57] renting and he refused to answer that. [01:03:00] So, I still don't know. I assume because [01:03:02] the clerk gave me that conflict of [01:03:04] interest. It's still current, but I have [01:03:07] no way of knowing. So, the planning [01:03:09] board currently has four conflicts of [01:03:11] interest, not three. [01:03:13] Okay. Thank you, Mr. Cameron. That's uh [01:03:16] incorrect information. Uh first of all, [01:03:18] there's nothing from Eagle Hill School [01:03:21] in front of the planning board. There's [01:03:23] no application for anything. I don't [01:03:26] have to declare anything if there's [01:03:29] nothing in front of the planning board. [01:03:32] See, Mr. Smith can do all the research [01:03:35] he wants, but I don't have to declare [01:03:38] that there's nothing in front of the [01:03:39] planning board. [01:03:41] Meaning that with nothing in front of [01:03:43] the planning board, you have no [01:03:44] conflict. Correct. And I don't And [01:03:47] excuse me. And I don't have a conflict [01:03:50] anyways. [01:03:55] Okay. Anybody else? Uh to that point, if [01:03:58] I may, um this presumes that uh I mean [01:04:03] Harry's saying you don't have to file [01:04:05] something until something comes before [01:04:07] you. I believe that to be the case. [01:04:08] We're hearing that it's not. You're [01:04:10] supposed to file something just in case [01:04:12] something like that comes up. Let me ask [01:04:14] you this. I mean, many of us have [01:04:16] ownership in different businesses, have [01:04:18] properties that live next to somebody [01:04:19] that might apply for something on their [01:04:21] property. Are we supposed to put in [01:04:23] before any application or situation [01:04:25] comes up, we're supposed to declare [01:04:26] anything that might come up in advance [01:04:28] in five with the town clerk? The answer [01:04:30] is definitely not. So, you know, when [01:04:32] something would come up with Eagle Hill [01:04:36] School, the person is it's up to them to [01:04:39] recuse themselves from that matter and [01:04:41] state the reason. That is fine. That [01:04:43] situation has not come [01:04:46] up. I have more to [01:04:48] say. At that 25th meeting, they talked [01:04:51] extensively about Eagle Hill matters [01:04:53] without recusing themselves. I've seen [01:04:55] this happen in multiple meetings. I [01:04:57] looked at the meeting agendas. There's [01:04:59] times where Eagle Hill matters are [01:05:00] talked about and there's no mention of [01:05:02] recusals in the minutes. So, I don't [01:05:04] think that it's very consistent the way [01:05:06] this is handled. And also, it's like it [01:05:10] comes up a lot that Eagle Hill School is [01:05:12] the biggest employer in town with the [01:05:14] most people in town employed. So [01:05:16] therefore, it seems rather significant [01:05:18] to me whenever the planning board gets [01:05:20] together to start making bylaw changes [01:05:22] that the largest entity in town would be [01:05:25] a factor that they should disclose [01:05:27] conflicts with when they begin that [01:05:31] process. And I know you don't like it, [01:05:33] Eric. I unfortunately I can't say [01:05:36] anything. Why is that? Because I don't [01:05:39] trust you. Well, I guess mutual. If we [01:05:43] start talking about Eagle Hill, you're [01:05:45] going to wind up filing some goddamn [01:05:48] open meeting law complaint. Go ahead. [01:05:51] I'm not No, forget it. As much as I [01:05:53] would love to. Okay. As much as I would [01:05:57] love to. I'm not going to say a thing. [01:05:59] Mr. Cameron, it's in that uh letter from [01:06:02] Mr. Tinker. [01:06:05] I forget the date but anyways uh the [01:06:08] letter has a certain date to it and [01:06:10] anything subsequent that's the letter [01:06:14] okay April 3rd [01:06:19] um in that letter thank you [01:06:23] um there are allegations of maybe this [01:06:26] maybe that um could happen but since [01:06:30] then I haven't seen anything from Mr. [01:06:33] Tinker to produce any factual [01:06:36] information concerning his concerns in [01:06:39] that letter, any evidence of his [01:06:43] concerns in that letter, any [01:06:44] documentation [01:06:46] um to justify that letter. And he's [01:06:49] suggesting in the letter then that there [01:06:53] be a legal or investigation and have um [01:06:56] the town attorneys involved. And [01:06:59] involved in [01:07:01] what? There's there's no nothing since [01:07:04] then that has produced any of this [01:07:08] allegation in that letter. I unless I [01:07:11] miss [01:07:12] something and excuse me. [01:07:16] Um when Mr. Smith came to our meeting on [01:07:20] the 25th or whatever it was and then he [01:07:24] filed an open meeting viol violation [01:07:27] complaint and then Mr. Smith and Mr. the [01:07:30] Tinker came to our next meeting. They [01:07:34] know and they're really concerned about [01:07:36] putting things on the agenda. However, [01:07:39] they didn't opt to put themselves on the [01:07:41] agenda for any discussion. So, if [01:07:45] they're if they want to see things on [01:07:47] the agenda, they should abide by their [01:07:49] own rules and regulations that they're [01:07:52] telling everybody else to. [01:07:55] Okay. Thank you. [01:07:59] Um it says in the letter he excuse me um [01:08:03] he did say in the letter that he put in [01:08:06] uh April [01:08:07] 3rd it says it remains unclear whether [01:08:10] the planning board has fully complied [01:08:12] with all the procedural requirements [01:08:14] under the law section five including [01:08:18] notice hearing referral obligations and [01:08:21] final drafts [01:08:23] etc etc. Would that be what you're [01:08:26] referring to? Referring to everything in [01:08:28] there that he is alleging are [01:08:32] independence, integrity, etc., etc., all [01:08:34] the way down. Now, where is the proof of [01:08:38] this? Where is the facts? [01:08:42] Question. I would submit the evidence [01:08:44] for that is in the videos and the audio [01:08:47] of the meetings since and the fact that [01:08:50] they showed up to the special town [01:08:51] meeting and the very first thing they [01:08:53] did was amend an a document that wasn't [01:08:56] even complete at the at the select board [01:08:59] meeting you had where you approved the [01:09:01] warrant. When you approved the warrant, [01:09:03] you approved it subsequent to changes [01:09:06] that were supposed to be recorded and [01:09:08] then it got to special town meeting and [01:09:10] they were upset because it had a [01:09:12] definition for accessory by uh dwelling [01:09:15] units in there that they desperately [01:09:17] didn't want in there at all. And the [01:09:19] first thing they did was try and and and [01:09:21] amend that first article. So these were [01:09:24] far from complete. There were definitely [01:09:26] procedural issues [01:09:28] and that's where the evidence is. [01:09:31] Jeff, you want to give me any part of [01:09:32] this for you? Uh, [01:09:34] I I really don't I [01:09:37] don't in my mind right [01:09:41] now there isn't any clear conflict of [01:09:46] interest because nothing really I I [01:09:50] don't see [01:09:52] anything [01:09:55] here that really regards Eagle Hill [01:09:58] School. [01:10:00] which is where all the conflicts are [01:10:02] supposed to have happened. Nothing's [01:10:04] come before. Yeah. Other than mere [01:10:06] discussions that no decisions were made. [01:10:11] It wasn't they they no decisions were [01:10:15] made regarding Eagle Hill School. [01:10:19] Eagle Hill school in the town. Nothing [01:10:22] in the zoning bylaw. There's nothing in [01:10:25] it. There's nothing there. I agree. So [01:10:27] there's no I I don't see I don't see [01:10:30] your issue right now. I really don't. [01:10:32] I'm sorry. With all due respect, I don't [01:10:35] see the issue. Fair enough, Jeeoff. I [01:10:37] disagree, but that's what I perceive the [01:10:40] issue to be. No, I'm [01:10:41] almost Mr. Cole. If I could before we [01:10:44] forget what was just mentioned by Mr. [01:10:47] methods. He indicated that [01:10:51] we desperately didn't want some [01:10:54] definition of accessory dwelling units [01:10:56] in the article that that was presented. [01:11:00] Um, I would call it desperate, but I [01:11:02] would point out [01:11:04] that what we wanted is for everything [01:11:09] that we had worked through that had gone [01:11:11] through the hearing and that been part [01:11:13] of the hearing as required. All of those [01:11:16] things have to happen to be in the [01:11:18] warrant. That said, it's perfectly valid [01:11:22] to to change things to make them less [01:11:24] restrictive, not more, but to change [01:11:26] things in the meeting process by way of [01:11:29] amendment. We knew there were going to [01:11:31] be a few small things, really typo kind [01:11:33] of things that we would need to amend at [01:11:35] the meeting, and we we did. So, that [01:11:38] isn't the issue that he or Mr. Tinker [01:11:40] had with the process. What that was is [01:11:43] where we had originally talked about [01:11:48] introducing uses for definitions for [01:11:52] accessory dwelling units. We started [01:11:54] this over a year and a half ago at least [01:11:56] a year. We started on that and then [01:11:59] we're told but the state's coming up [01:12:02] with their own rules about this. We want [01:12:04] to follow that. We want to see what the [01:12:06] have our new definitions be consistent. [01:12:09] We wanted to wait till the model bylaws [01:12:11] were done, etc. So, we pulled everything [01:12:14] out and and presented nothing about [01:12:17] accessory dwelling units in there. But [01:12:20] there was one when it went to legal at [01:12:25] the request of of course the select [01:12:26] board went to legal and it came back for [01:12:30] some reason. I don't know why and but [01:12:32] perhaps there was some raising of the [01:12:34] issue by somebody. I don't know. But [01:12:36] back in that came this helpful comment, [01:12:41] if you will, from the attorney saying, [01:12:43] "You may want to know that accessory [01:12:45] dwelling units now are required by lot." [01:12:48] This was stuck in there where we were [01:12:50] talking where old bylaws said accessory [01:12:52] apartments. So, okay, maybe that's [01:12:55] helpful for them to tell us this is the [01:12:56] case and give us the definition of [01:12:58] accessory dwelling units. We're like, [01:13:00] where did this come from? Why is this [01:13:02] even in here? And it can't be in here [01:13:04] because we're not just because we're [01:13:06] going to do it ourselves later properly, [01:13:08] but because it didn't go through the [01:13:10] hearing, you know, we didn't do any of [01:13:12] that. So, we can't just stick that into [01:13:14] the warrant then. But when the select [01:13:16] board decided to [01:13:20] approve the warrant is presented with [01:13:22] the legal comments [01:13:26] included, it went to it went to Ryan and [01:13:29] Julie who who did the editing and so [01:13:32] forth. And that comment was put in there [01:13:35] without discussion or anything or [01:13:37] without much awareness of how that could [01:13:39] have happened. So there it was. And when [01:13:41] we looked at the when it came back from [01:13:43] legal and I promptly went to just stand [01:13:46] this is like this does not this isn't [01:13:48] part of the warrant at it. It can't go [01:13:50] in there. We'll have to take it out by [01:13:52] amendment. So when we talked at meetings [01:13:55] about what we were going to amend at the [01:13:57] special town meeting that was one of the [01:13:59] biggest things. It's like that piece has [01:14:00] to come out. It can't be in there. We [01:14:03] don't want it in there. It's useless in [01:14:05] there. It It would didn't go by the [01:14:07] hearing. It's That would be a legitimate [01:14:09] complaint if we had put that in there. [01:14:10] So, we took it out. That's [01:14:13] all. That goes to procedure and it's the [01:14:16] appearance of a conflict that 268A the [01:14:19] law demands. And to me, as a citizen, [01:14:22] there's definitely an appearance of [01:14:24] conflict of interest. Thank you. See [01:14:26] what you want to say, Mr. Comr. I will, [01:14:28] Mr. Chair. At that special uh town [01:14:31] meeting, the town attorney was there uh [01:14:34] listening to all the discussion um back [01:14:37] and forth and she did not raise any [01:14:41] objection to anything um what this [01:14:45] previous discussion was about. Okay. [01:14:47] Okay. Thanks. You're welcome. Is it fair [01:14:50] to to ask or note possibly the nature [01:14:55] we're talking about the procedures and [01:14:57] about Mr. Tinker's concern about that. [01:14:58] It's on the agenda that your executive [01:15:00] session does involve a open meeting [01:15:04] violation [01:15:05] complaint filed by Mr. Tinker. I'm not [01:15:08] sure who it's directed against. I don't [01:15:10] think it's the planning board, but I [01:15:12] would just point out that the the that [01:15:16] process is handled by the preparation. [01:15:19] Yes. by the by the planning board. But [01:15:22] the preparation of the warrant, the [01:15:24] setting of the date, the posting is done [01:15:27] by the select board and the town clerk [01:15:29] and was, as the attorney had pointed [01:15:32] out, handled precisely in compliance [01:15:35] with our whatever 1978 general bylaw [01:15:39] about about posting special meetings. [01:15:42] Okay. Thank you. [01:15:46] Mr. Let me I would just like to [01:15:48] apologize for taking the Lord's name in [01:15:50] vain at this meeting. You're forgiven. [01:15:53] Thank you. Well, there you go. He's a [01:15:55] godly man. Yes, sir. Can I make a little [01:15:58] more general comment? Sure. [01:16:01] Um I see this happen at a lot of [01:16:04] meetings. Um and it happened to some [01:16:06] extent at the recent annual town meeting [01:16:08] and I've [01:16:11] um I haven't appreciated it too much. It [01:16:14] disappoints me a lot. Um there are many [01:16:17] hearings and meetings that we hold the [01:16:19] boards. People volunteer their time to [01:16:22] be on these boards. Um [01:16:25] and we go through a lot of effort. Um I [01:16:29] heard I hear criticism as if there's [01:16:31] conspiracy like people are conspiring [01:16:34] uh to not do things correctly. [01:16:38] It bothered me to hear things like, [01:16:40] well, some of this gets decided when we [01:16:42] we're not really um aware of it or we [01:16:45] don't see it happening. I've been to [01:16:47] planning board meetings. I was asked to [01:16:49] provide audiovisisual support. Our [01:16:51] projector was borrowed. Our [01:16:54] screen there was anformational meeting. [01:16:56] There were like seven people there. That [01:16:59] embarrasses the heck out of me that, you [01:17:02] know, there are more of us trying to [01:17:04] help put on or host the meeting than [01:17:07] people coming to ask questions and [01:17:09] understand things. I constantly hear [01:17:11] stuff like, [01:17:13] well, you know, there's kind of like [01:17:16] behind the scenes conspiring with the [01:17:17] state to [01:17:19] uh cut forest at Muddy Brook Wildlife [01:17:22] Management Area or take dams down. [01:17:25] Nobody comes to the [01:17:26] meetings. you can only offer the [01:17:28] meetings. People need to be [01:17:31] informed. Um, it bothers me and I'm just [01:17:34] saying I don't really appreciate when I [01:17:37] hear a lot of criticism of the [01:17:41] boards if I don't feel like people [01:17:43] understand how much work and effort goes [01:17:45] in mostly by volunteers. Just want it on [01:17:48] the record. Thank you. [01:17:52] I'm always ready to claim incompetence, [01:17:56] but I don't feel correct. So, thank [01:18:00] you. Um, anybody else? I'm going to wrap [01:18:04] this [01:18:05] up. Uh, unless anybody has something to [01:18:08] say that hasn't been [01:18:10] said. I believe the plan is to go into [01:18:13] executive session now and discuss this [01:18:17] just the two of us and we won't be [01:18:19] coming back into a public meeting. [01:18:23] Thank you. Thank you. Have a nice [01:18:25] evening. Good night guys. Good night. [01:18:27] Thank [01:18:28] you. Thank you. We're thank you and [01:18:33] you thank you. Who's going to be [01:18:38] the next? They got They got this. See [01:18:41] you later. [01:18:43] Before I shut the door, would you mind [01:18:45] just reading the You want me to shut [01:18:47] this? Wait. No. [01:18:51] Uh, executive session. Did you seal it? [01:18:56] MGL's chapter 3A section [01:18:59] 21A1 to discuss complaints or charges [01:19:02] brought against a public officer, [01:19:04] employee, staff member, or individual [01:19:07] not to resume in open session. William [01:19:09] Taker's open meeting law [01:19:13] complaint. Just give me one second to [01:19:15] make sure. [01:19:17] All right, we're going to go into [01:19:19] executive [01:19:20] session. Roll call vote. [01:19:24] uh move to go into an executive order or [01:19:26] did you just make that motion? I'll say [01:19:28] yes. I Jeff Jeff uh Jeff Shaw I Jeff Sha [01:19:32] I Eric Vaughn I