Members present: Mark Karlberg, William Cavanaugh, George Fuller
Others Present: Liz & Bob Will, Hildegarde Freedman, Steve & Ruth Rosenthal, David Bonney, Bill Brownhill, Martin & Barbara Winters, Rita Furlong, Tom Verano, Gale LaBelle, Joanna London, Rosanne Frieri, William Elovirta, Steve Schatz, Joan Monroe, Beth VanNess, Colleen O’Connor, Madeleine Swindlehurst, Ann Krawet, Jeanne Morano, Julia Maynard, Douglas Reveley, Edwin & Jean Weiller, Michael Richard, Ann Spadafora, Dan Parnell, Stephen LaBelle, Hilda Runz, Zina Jayne
7:04 PM Meeting opened.
It was announced that Tony Verano was video taping the meeting and Steve Schatz and Beth VanNess are
audio taping the meeting.
Selectmen’s Comments and Announcements: Bill read a statement which reads as follows: The Board believes that the single most important condition for a successful relationship with a Town Administrator is that there be open and honest communication as well as mutual trust and respect between the members of the Board of Selectmen and the Town Administrator. The Board has reluctantly come to the conclusion that Mr. Blair’s term as Town Administrator must end because the necessary conditions no longer exists. The Town is fortunate to have such a highly qualified and highly motivated staff in all of its departments. The Board looks forward to the continuing support of town staff as we embark on the process of hiring a new Town Administrator. Respectfully, Board of Selectmen. George
advised that the meeting was not posted on time so they had to have it tonight. He stated that it was an oversight because of the holiday so they posted it on the website and put the sign out front so people could see it. From now on, except in the case of an emergency, the meetings will be on Wednesday evenings. George advised that he would not be able to meet on the 21st of July but there will still be a meeting because the other two selectmen will be in attendance.
Mark motioned to accept the minutes of June 8, 2010, Bill seconded. All in favor. Bill motioned to accept the minutes of July 1, 2010, Mark seconded. All in favor. Colleen was not happy about the fact that the Selectmen have not told them why Tony was let go. She stated that the reason for the executive session was to review a contract for a non-union employee but since the Selectmen did not renew Tony’s contract then the minutes should have been public record the day after the executive session. George advised that it was agreed upon by town counsel and Tony’s attorney that the reason he was let go would not be made public. Hilda Runz stated that she wants to know why the Selectmen are not renewing Tony’s contract. She thinks this is a bad decision and it
should be open to discussion. Bill motioned to accept the minutes of the Executive Session that was held on July 1, 2010, Mark seconded. All in favor.
Public Input: Hilda Runz feels that the Board should give Tony another chance and reappoint him. She advised that because their intelligence does not match Tony’s that is not a reason to get rid of him. She also advised that the search committee chose Tony out of thirty applicants and she thinks they should reconsider and renew his contract. Bill advised that because there is an agreement between Tony, his lawyer, the town attorney and the Selectmen, they cannot divulge anything about why Tony’s contract was not renewed. He wanted a procedure that would assist the Selectmen in evaluating Tony’s job performance but it never got to that point. Once Tony obtained a lawyer, it forced the Selectmen into getting a lawyer and all communication from that point on was through
attorneys. Tony had the option to have the Selectmen decide about renewing his contract in an open meeting or by executive session and he chose the executive session. Bill advised that executive session minutes are not open to the public the very next day. They are released to the public when the sitting chairman periodically reviews executive session minutes and when it is determined that no party would be injured by its contents they shall be released to the public. After the meeting that Tony had his lawyer attend, Bill meet with Tony and a mediator and asked him if he would agree to certain things that would keep him employed as the administrator but he refused to do them. He stated that there was no compromise at all. Tony wanted a three year contract or nothing. George advised that he spoke with town counsel tonight and was told that until both sides agree and the attorneys say it is legal then everyone will know why Tony’s
contract was not renewed. Mike Richard asked if there would be a search committee to find a replacement and who would be tapped to continue with the grant process that Tony started and why does the town need a Boston attorney; are there no competent attorneys in Berkshire County? George advised that nothing could be done until things are resolved with Tony. He said that once things are resolved, then everything else would be addressed. Colleen stated that there was no privacy clause in Tony’s contract and the reason for calling an executive session was to discuss renewing a non-union member contract which became void when the contract was not renewed. She also stated that there was a quote by Bill Cavanaugh in the Berkshire Eagle that said “Now we can get back on track”. She wants to know exactly what track we were on and decided to get off of. She wants to know where we are going now that we on back on track. She
also wants to know how does the Selectmen’s track conflict with a.) the townspeople, or b.) Tony Blair’s, or c.) all of the above. Bill advised that to get back on track means to get away from the stuff that was muddling the ability to move forward on the track. Colleen stated that for weeks now the residents have been asking why the Selectmen were not going to renew Tony’s contract and still have not heard why and are very frustrated about that. Bill reiterated the fact that the lawyers have told them not to divulge any information until things are resolved. He has always acted in the best interest of the town and if she does not believe that, that is her prerogative. Ann Spadafora wanted to know what Tony did not want to compromise about. She advised that this was talked about before the executive session so she feels the Selectmen need to answer this. She also stated why the town voted to go with a Town Administrator
form of government. She advised that the Town Administrator was given a broad range of powers and she does not feel that the Selectmen should be micromanaging the administrator. She does not feel that the Town Administrator should have to report to the Selectmen every two minutes. Bill advised that he would love nothing better than to state what happened but they cannot do it. Bill said if they want to know what happened then they should call and ask Tony to tell them. Ann Krawet stated that there was a misstatement made at the beginning of the meeting. The search committee did not choose the town administrator. It came up with three possible candidates for the position and the Selectmen then chose who they wanted. Steve Rosenthal asked the Selectmen how many letters they received and how many signatures they received supporting Tony and how many letters and signatures they received that did not support Tony. George stated that
they received one petition with just over 200 signatures supporting Tony and no letters. Nina advised that she received approximately ten letters of support but Tony did not want them on the agenda. Bob Ronzio asked if he was still employed when he said not to put the letters of support on the agenda. Nina advised that he was still employed at that time. Steve asked if they received any letters or petitions not supporting Tony. Nina advised that they had not received any. Steve read a section of the open meeting law that states that once the purpose of having the executive session is no longer an issue then the minutes should be made public. Since the Board did not renew Tony’s contract the reason is no longer valid so these minutes should be made public. He also stated that at the meeting on June 2nd there was discussion about completing an anonymous survey and he asked if the survey was done and if so, how many
responses did they get. He feels that if they got responses back they should know what was on them since they were anonymous. Mark explained what happened with the surveys and why they were never done. Bill asked for a process and procedure that could be done to evaluate Tony but it never got to this point because Tony brought his lawyer into it and the Selectmen did not have a lawyer to represent them so everything at that point stopped. Steve does not feel that this should have stopped because the Town did not have a lawyer. Bill did not feel that they should have proceeded until there was a lawyer in place. Steve asked if the Board was going to continue with the new attorneys even if there is no longer a conflict with Sally Bell. George stated that they were going to stay with the new lawyers. He advised that they do not have a contract with this firm or have a retainer which means they can decide at any time to change attorneys if
they want. Liz Will stated that Tony signed an agreement that would not allow anything to be divulged and people should respect his privacy. Bob Ronzio asked each of the Selectmen if they read the new and old Open Meeting Laws. He stated that it is up to the chairman to make sure that all board members have copies of this law. He asked if Tony was terminated and if so, when was his services terminated. George advised that it was terminated on Friday. Madeleine Swindlehurst asked if the Selectmen ever received the letter from the Finance Committee that supported Tony’s achievements. It was read at the meeting on June 22nd. She advised that she did not sign the petition but voiced her support for Tony at the last meeting. She found that the performance portion of his contract was flawed. She stated that there were only three choices for his performance. They were: unsatisfactory, satisfactory and
exceptional. She did not think that was fair. There should have been something between satisfactory and exceptional. She asked if the Selectmen have considered appointing an interim grant administrator to handle the grants that are still going on. Bill advised that they could not appoint a town administrator until the seven days are up. Martin Winters asked why they could not have Nina handle the administrative work until they find someone. Bill would like to see Nina apply for the position of Town Administrator. George advised that he came in on Monday to speak with the staff and was told that the staff would do anything possible to get through this. Doug Reveley asked if someone could step in to only handle the grants. Mark advised that he has not spoken with town counsel to see what they could do regarding an interim grant administrator.
Rosanne Frieri introduced herself as a candidate for State Representative and stated that she was happy to be here tonight. She stated that all of the towns that she has visited have issues that they are dealing with and it is interesting to see what each town is doing.
Ted Weiller addressed the Board about where the Center Pond Lake District legislation is currently going. He advised that the bill is back in the house because of one amendment the Senate made which involves the first sentence of section 7. The word “shall” was changed to the word “may” and the house wants to know if the town agrees with this amendment. The town attorney looked at it and does not feel this changes the substance of the bill. Mr. Weiller is asking the Selectmen to write another letter addressed to Ms. Campo, of the House Council Office, stating that they are in support of this amendment and to also have town attorney Joel Bard speak with Ms. Campo to let her know that he feels that it is fine so that this bill will finally pass before the legislature breaks
for the summer. Bill motioned to send another letter similar as before supporting the Senate version of the bill and to ask the House to sign this bill as soon as possible and to call Joel Bard and have him act on this, Mark seconded. All in favor.
The Board at this point took a five minute recess.
Rita Furlong asked if the Selectmen felt that they communicated enough with the town administrator throughout this whole issue. Bill advised that he had spoken with Tony on a regular basis while he was chairman of the Board and feels that the Board communicated well with Tony.
Bob Ronzio advised that the governor signed the Sherwood Forest Lake District legislation and asked if the Town received it. Nina believes that the town clerk was the one that would receive this. The Board will check with the Town Clerk to see if he received anything.
George advised that this is a joint meeting with the Finance Committee to complete the account transfers. The Selectmen reviewed the account transfers. The Finance Committee asked why the Town Administrator and Secretary did not have enough money in their accounts. George advised that Richard Furlong worked with Tony in the beginning for a few weeks and Tony also did not take the town insurance so that is why there was not enough money in the account. The Selectmen do not know why the Secretary salary account was short but will find out. Bill motioned to accept the account transfers subject to clarification (see attached), Mark seconded. All in favor. The Finance Committee voted unanimously to accept the account transfers subject to clarification.
Bill motioned to sign the Wage and Benefit Agreement for W. David Zagorski, Principal Assessor, Mark seconded. All in favor.
George advised that he did not have time to review the Agreement for Shared Vocational Transportation Services Between the Towns of Becket, Chester, Huntington, Middlefield, Montgomery and Washington. Bill motioned to table this until the next meeting, Mark seconded. All in favor.
The Selectmen reviewed the letter from the Board of Assessors advising that they voted to release $125,000 from Overlay to Overlay Surplus.
George motioned to accept the MECnet Sales Agreement: FY2010-2011 for internet services, Bill seconded. All in favor.
Bill motioned to sign Contract Amendment #1 Between the Town of Becket and Berkshire Regional Planning Commission, Mark seconded. This amendment is for the added assistance that BRPC will provide if the Town receives the CDBG. If the Town receives this grant then some of the grant money will go to BRPC but if the town does not receive this grant BRPC will not get more money than what is on the original contract. All in favor.
The Selectmen reviewed the letter from Barbara Stuhlmann requesting that she not be reappointed to the Jacobs Ladder Trail Advisory Committee, as alternate to the Planning Board and the Zoning Board of Appeals. The Selectmen would like a letter sent to her thanking her for her service and wishing her well. Gale LaBelle advised that she would need an alternate appointed soon because some members go away for part of the year and she needs the alternate to fill in. George asked if this could wait until their next meeting and she said it could.
The Selectmen reviewed the letter from Ellen Svenson regarding the condition of the West Becket Cemetery. Bill advised that there were no funds found that she claims was given to the town to repair the stones. The Perpetual Care fund is strictly for maintaining the cemeteries but any repairs that need to be done to the stones is the owner’s responsibility. At this point there was some laughter from Ann Spadafora. Bill was upset because Ann was laughing and replied that he does not care to hear her explanation because she is a person of poor character. Bill was trying to explain that volunteers could help to repair the stones or a grant from the Community Preservation Committee could be used to repair the fallen stones but the town could not repair them because it would be liable for any
further damage that was done to the stones. Bill advised that he and the other commissioners would communicate to this woman. Ann explained why she was laughing and asked Bill for an apology. He advised that it was his own personal opinion.
The Selectmen reviewed the letter from MEMA regarding the Certification of the Central Berkshire Regional Emergency Planning Committee. Beth VanNess asked if the Selectmen could read this letter because she was a member of this committee. Bill read the letter. George advised that the town does not currently have an Emergency Management Director since Ray Tarjick was not reappointed. George advised that if anyone was interested in being appointed as Emergency Management Director they should submit a letter of interest to the Selectmen.
The Selectmen reviewed the monthly reports of the Ambulance Department, Animal Control Officer, Board of Assessors and Police Department.
Any other business: Nina advised that she received a letter of interest from Neil Toomey to be appointed to the Agricultural Commission after the agenda was posted. Bill motioned to appoint Neil Toomey to the Agricultural Commission, Mark seconded. All in favor.
George advised that he received a letter from the South Cove Association regarding the harbor master launching his boat at their launch site. The South Cove Association has given the harbor master permission to launch the town boat from their site. The only thing that George feels should be included in this letter is that only the town boat can be launched and not his own personal boat. Briefly discussed the weed control at Center Pond and issues with some dead trees at the beach.
Reviewed correspondence.
9:30 PM Bill motioned to adjourn, Mark seconded. All in favor.
Reviewed the payroll/expense warrants.
Respectfully submitted, _______________________________
Nina Weiler, Secretary George Fuller, Chairman
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