We're live. >> Good evening. Noting the time and the presence of quorum, I'd like to bring this January 29th, 2026 meeting to meeting the Actton Select Board to order. Um, we're located right now at the Actton TV
studios at 16A Craig Road. Uh we're going to be going into executive session very shortly. Uh we expect the executive session will last about an hour. So to that point, [snorts]
I'll entertain a motion to enter executive session to a discuss strategy concerning the following cases under purpose three all in Middle Sex superior court. Beach at all versus Capetta at all. Case
number 2581 CV 00314 High Street Beach at all risk guard case [snorts] number 2581 CV03080
Beach versus Macardo case number 2581 CV 01354 Fishman Beach at all versus Capetta at all. Case number 2581
CV010 059 and Nog Woods at all versus Act and Select Board case number 2581CV03174 45 Nag Park
and consider the purchase exchange lease or value of real property at 4246 and 52 Taylor road under purpose 6. Discuss the purchase, exchange, lease, or value of real property located at 75
Quarry Road under purpose 6 as an open session may have a detrimental effect on the litigating and negotiating position of the public body. I have a motion. So moved. I have a second.
Okay. Moved and seconded. Before the roll call vote to enter executive session, let me declare that in the executive session, the board will discuss strategy with rep with respect to litigation under purpose three and discuss or consider the purchase, exchange, lease or value of real
property under purpose six as an open session may have a detrimental effect on the litigating position of the public body. Would the clerk please call the role? Miss Arsenal. Fran, you vote yes.
Fran, do you vote yes to enter executive session? >> Fran, do you vote yes to go into executive session? >> She seems frozen. >> I'm supposed to say I Yes. [laughter] >> Um, >> I'm sorry about the inconvenience. Yeah,
>> Mr. Snider Grant. I uh Mr. Charter I and I also say I. So that's unanimous. >> At the conclusion of the executive session, the board will reconvene in open session. >> So So members of the public that are in the meeting, since we're going to
executive session, we're going to have to lock the webinar and then we'll reopen it in about an hour uh for the 7:00 open session. So, if you could leave the executive if you could leave the meeting now and then plan to sign back in just around 7:00,
uh we'd appreciate that. Uh we we can't actually start executive session until you leave. So, uh, thank you for your cooperation. unlocked. >> Mics are live. >> Y this is unmuted when you're ready.
All set. >> That's it. >> [cough] >> Great. >> So, it looks like people have joined remotely uh and uh in person and we're ready to uh continue.
>> Okay. Um so, we're back in open session and uh we had a last minute change to the select board agenda. So, we've provided time for resident concerns. If anybody would like to come forward to to
make any comments, uh we're going to keep it to three minutes. We need you to identify yourself by name and by street address. Do you have anyone who would like to hands online? >> Okay.
Uh one called uh vendor. Mhm. should be able to see. >> Hi, can you hear me? >> Yeah. Yes, we can. >> Hi. Hi, this is Joan Luchiani. Sorry, I'm not sure. I tried to use a different email, but anyway, uh I wasn't sure if I
was to talk now about the open meeting violation form or wait until that's the agenda topic. uh wait until that next agenda topic and I'm sure we'll be to you very shortly within a couple of minutes. >> Okay. >> Thank you.
>> Thank you. >> All right. Next would be Renee. >> Okay. Renee. >> Hi. Can you hear me? >> Yes, we can. >> Great. Thank you. Um Renee Brazina 26 Kaylor. Um, and I don't see who else is
on the call, but I am speak going to be speaking to uh the topic you guys just discussed at 46 Taylor. So, thank you for listening to us and I think some other neighbors will also talk. Um the neighbors and abuters of 46 Taylor and
the actton arboretum um have submitted a letter of support to the select board and open space committee in support of the preservation of our open spaces for natural habitats conservation and the protection of our communities ecological features. >> Are they next up? >> I won't read the whole letter. Um I'm
assuming that you all saw it. Um but we are concerned that if we don't take action now to protect these lands that the arburidum um if a potential large development could go in there it [laughter] could have um some irreversible consequences
for the land and for the neighborhood. Um so we're hoping um that this will be a really good opportunity and probably one of the last opportunities to expand the arburatum um because once the land is developed it's gone and no amount of mitigation will restore to what we see today and
hopefully that won't happen. Um so we also have traffic and safety concerns for Taylor Road. Um but we could kind of talk about those details maybe at another point in time. Um but overall the neighbors and there was like 40 of
us who signed it um respectfully urged that the select board prioritize the acquisition and the permanent preservation of the parcels that abut the arborum. Um and if there's any information you guys might be willing to share with us
we would greatly appreciate that. Thank you. >> Well thank you. Um yes we have all received your letter. Um, we did discuss the matter in executive session. At this point, there's nothing that we can talk
about. Um, but certainly, uh, we've heard your concern and expect that we'll, uh, hear from, uh, you in the future. >> Oh, I think >> there's no other hands online. >> That's fine. That's fine. >> Okay.
>> Got a hand in person. >> Yeah. You step forward. Yep. >> Uh I'm Jason Thrower. I'm at 30 Taylor Road, directly next to Renee and directly next to the land she's speaking of. Um I'm pretty sure she covered all the points that I came here to say in person. Um I should review my notes. I
don't think there's anything she didn't cover that I wanted to say. Uh just wanted to make my presence known in person and um yeah just um um back what she's saying that we're really concerned mostly with you know how it'll affect the argu how it could affect traffic on
the road. There's a like at least seven eight families with children under the age of eight on that family on that street. Um and yeah I think she covered it all. So thanks >> thanks >> thank you very much.
>> Appreciate you coming in. It's >> it's a process we have to work through. >> You're welcome to stay. It's a public meeting. >> It seems like um Renee has her hand raised again. We may have muted her too soon. >> Okay. [clears throat]
Renee, do you have something you'd like to add? >> Um yes. Some of my neighbors are trying to raise their hand because they're texting me and uh maybe we could just I told them to hover over the black part on the bottom and there's a hand raise.
So, anyone who's trying to speak, can you guys do that? I don't know how else to get people to um we have some other folks that wanted to say something. >> Okay, we'll we'll give it a minute to see who else pops up. There is one other hand. Okay,
>> Susie Maxwell. >> Hi, this is Susie Maxwell. I'm at 49 Taylor Road. Um, right across the street from uh Parcel 46 Taylor Road in the beautiful woods that we appreciate and enjoy every single day. We look out our
windows. Um, but I just wanted to say that one of my favorite parts in the arboritum is in the back woods. Um, and it's this little wonderful magical place where you cross over a stone bridge
right near the the swampy area with the skunk cabbage. Um, and that would go away. That would be part of this parcel. Um and we would have to as the arboritum would need to reroute that trail. Um and
even in with Habitat for all that land might be preserved in the back so that if the town doesn't buy it um but it would be from what I understand um at the mercy of whatever those land owners wanted to do with it. They couldn't
build on it. It would be open space. Um but it might be cleared. Um and that just just that experience of someone who walks the airbreedom almost every day. Um would be really saddening for me to see us, you know, let go uh at this this
moment in time where we could, you know, really maintain the freedom and even uh in, you know, ensure that it has a buffer um for our future for the kids and for the town and and going forward and preserving some of that. that's so
so special about Actton and the Actton Arbored, not only enjoyed by everyone in Actton, but so many surrounding towns and people who come and enjoy those walks in the woods. So, thank you very much. >> Thank you. >> I'm just
Alicia Alicia Palaki. Looks like they're in twice. >> Alicia Palaki, you've been unmuted and have the ability to to address the board. >> I try the other one.
Just keep both going. Hey, Alicia. >> Yes. Hi. Can you hear me now? >> Yep. Okay. All right. Sorry, I was on my phone before and um I was not able to raise my hand. I'm on my computer now. I'm here with my husband. We're putting our kids to bed. Um I with 62 Taylor
right across the street from um Susie Maxwell who just spoke um and next door to um some of the properties that were being discussed. We my husband and I moved here because of the community and because of the arboritum. We're lucky
enough to get a house that absolutely. Um, we have two young kids along. I know, um, Renee and Jason have commented on this already, um, that we just really want to be able to maintain the community that we've built, um, and the
access to the land that our children are so lucky to be so close to. and um to maintain the the community that we've built on this street um without having additional safety concerns as far as fly past here on a regular basis um to the
point that you know we're concerned for kids safety being on the sidewalk. Um so that's all I mean we we love this community and we want to do whatever we can to make sure that other families can enjoy everything that we have as well.
>> Thank you. Thank you. [clears throat] >> I think that's all, Mr. Chair. >> Okay. Uh that ends uh resident concerns. We'll move to the next item, review of complaints and discussion of board's
response to OML complaint filed by Joan Luciani on January 12th, 2026. Um yeah, so I can um [snorts] so we uh the the towns uh received an open meeting law complaint uh which we are required to under the open meeting law
uh consider it and have the select board meet in an open session and decide how to respond to it. And so uh we tried to do that Monday night uh but it got snowed out so we've rescheduled it to tonight. And uh the what we the purpose of tonight's discussion is to have the
board discuss what was um alleged in the complaint and uh decide how to how to address it and any actions to uh do to address it and then provide a formal response to the person that filed the complaint and copy the um open meeting
law division at the state. So town council uh is here to help uh work us walk us through this. If there are there any questions about the process uh before we get started? >> Nope, I don't think so.
>> Great. Um Nina Picker and Cook, Town Council, um the board, I believe, has received a draft of a response. Again, this is just our initial take based on the allegations in the complaint um and
compared with the open meeting law statute as well as other decisions by the division of open government making similar claims. Um so this uh response again has been prepared in draft form uh uh for you to
review um uh and ratify or modify as you see fit. The uh complaint essentially makes two claims um the both around the board's discussion of the uh Fourth of July
fireworks celebration. The first complaint really is um that the notice, the meeting notice that was posted as required under the open meeting law was not sufficient enough to warn the public that the board
would be taking an actual vote. Um it the agenda item said discuss potential change to July 4th fireworks celebration. uh and the complaining party, Miss Luchiani, um is concerned that it it
didn't list that there could be a a vote on that change. Uh the additional component that um part of the complaint is uh the complainant believes that the action taken by the board um to not fund
the the fireworks for the 4th of July is in contravention of what town meeting had voted at the annual town meeting in in May of this past year. town meeting did appropriate funds um for the celebration and the complainant is
concerned that the select board is um uh inappropriately nullifying that town meeting vote. I separate those two things out in our analysis and in my description for you because um one is
very squarely a an open meeting law um valid open meeting law issue um the other is um an understandable issue uh but one that does not fall within the purview of the open meeting law. we have
addressed it anyways just to make sure that the complaining party understands that we we um appreciate the sentiment and understand the sentiment. However, as a matter of law don't feel that it's a valid legal claim um either under the
open meeting law or otherwise. Um, I can go uh into my rationale for finding that there's been violation under the open meeting law or otherwise on both of these issues um
in any order that you want. So, so do you have questions on the complaint or would you like me just to launch into the legal analysis? >> Um, I think you can go right into the analysis. >> Great. So the the primary own concern
again was that the meeting notice was deficient. Right? You your meeting notice listen listed a discussion um of a topic. It did not list discuss and vote. Uh that is really the crux of the
complaint as as far best as I can tell. Um, under the open meeting law, there's um you need to give reasonable notice of um all anticipated topics which the board is going to discuss in your meeting notice. Um, and looking at how
you listed um uh the fireworks discussion, we believe that it was sufficient under the both the statutory language as well as um the case law that has come out from the attorney general's office. Um
the um kind of most importantly there's an incredibly similar claim. Things like this happen all the time where someone says well I thought you were going to discuss it but I didn't know you means you were actually going to make a decision. It's understandable. Um the uh division of open government
has looked at that precise issue and they have found um I'm trying to find the exact language here. Um, it is reasonably foreseeable that a public body may take action and hold a vote following the discussion of a topic listed on a meeting notice. The open
meeting law does not require that the notice separately indicate the possibility of a vote. Uh, so as you can see, this is uh a decision and quote from the attorney general's office that's squarely on point and does resolve this issue. I would say in addition this is
Actton's meeting notice was um uh explicit in that there was it didn't say you know discuss fireworks celebration. It explicitly said discuss a potential change to the celebration as well. So, I think it did give I think the attorney general's office will find that it did
give the uh public adequate notice that hey, if you're worried about them changing the fire fireworks celebration um plan, then you should go to this meeting and that's what the open meeting law requires. Um so I do not believe
that the board should or need to take any ailative action [snorts] um to resolve that aspect of the complaint. Questions on the meeting notice piece. Um the next piece again is is the impact
of the town meeting vote. Um again the concern is that the board was somehow in contravention of the town meeting vote which voted to appropriate firework funds. Um this is simply um not within the purview of the open
meeting law. There's nothing in the open meeting law that requires the board of selectmen um uh comply with all votes of town meeting for instance. So, it's it's not appropriately um placed in an open meeting law complaint. The attorney general's office
is I anticipate just they wouldn't consider this part of the complaint because it's not within their jurisdiction. However, um I think it's helpful for the board to understand and for the public to understand um
that while town meeting is a legislative and appropriating body uh for funds um that that appropriation does not require the uh select board or town staff to actually expend all of those funds um as
voted by town meeting. town meeting simply authorizes the expenditure. They don't obligate the expenditure if that makes sense. Um that is again a very understandable uh misunderstanding
um that we see a lot in a lot of our towns. Um um people believe for instance if town meeting voted to acquire a piece of property the select board has to acquire that piece of property. That is not the case. Again, you need the town meeting
approval, but if if the select board ultimately decided that acquiring the piece of property was not on terms that were favorable to the town, you wouldn't be obligated to acquire the property simply because town meeting authorized it. It's
the same thing with appropriations. Okay, Jim. that I have a question about. Um, so since the money is appropriated by town meeting, um, I get that we don't have to spend it, but it seems that we
can't take that money during that fiscal year and spend it on something else that I I think uh, and this is where I'm way beyond what I know, uh, but I think that then that money, if we didn't spend it
on fireworks, would um not ex we would it would stay in the budget and then at the end of the fiscal year it would be part of our you know calculation for free cash for example it it it then becomes um expendable. >> Thank you. Yeah. And I that's a question
that I've uh answered in other forums. I think it was appropriated as a capital item. Oh, okay. >> So, a capital item, um, it was $40,000. It was appropriated and a capital item, well, we're not going to use it for anything but fireworks. So, if we don't
decide to buy fireworks either this year or next year or the year after, >> uh, it would then turn to free cash. Any capital appropriation has 3 years before it expires. >> Great. That's very helpful. Thank you, >> David. So also we can spend it council
correct me if I'm wrong. We can spend it on anything that's consistent with the wording past the town meeting. >> So wording said we can spend it on celebrations we could spend it on celebrations. If the wording says fireworks we can only spend it on fireworks. >> So um uh and if not we don't spend it
then it comes back eventually. [cough] >> Okay. Um >> I would before um um moving off this I I think this is the only thing but I I would um love to have a vote of the board to um direct me to respond as
drafted um with any edits that John and I think are appropriate. >> Hopefully that you want to let the complaintant speak. >> Yep. >> Oh yes. Um, Miss Miss Luciani, if you'd like to speak. >> Uh, Render Corialis, you've been given
the ability to unmute yourself. >> Okay. I I thought that I I had my hand raised right at the beginning. I'm having a lot of trouble hearing the attorney. Uh, could she please sort of start at the beginning and go through
it? I just couldn't hear her. >> Sorry. I I apologize for that. Very rarely am I told that that people can't hear me. Um I'll try to make this shorter. Um we
>> Can you hear her now? >> I can. And she's still a little bit distant. Closer to your mic. >> It's the It's the >> Oh, it's the laptop. >> No, it's this. >> Can you hear me better now? >> No. Oh, it's not. >> Is there a light on? >> That's why. Yes.
>> Sorry. What are This is for the TV. >> Yep. That's for >> Yes. And this is for Do you want to try? >> Can you hear me now? >> Yes. >> Okay. I apologize for that. Um, what I did is I set forth for the board that your complaint essentially laid out two
separate claims. Um, one of which was that the meeting notice was insufficient to warn the public that they were going to take a vote on the Fourth of July fireworks. And the >> Hold on, hold on. A vote to overturn. >> Right. And I mean, that's important.
It's not just a vote. It's a vote to overturn a town meeting. >> Well, right. So, I separated, as I explained uh to the board, I separated out the two issues. Um the for purposes of the open meeting law, the concern
really is was the um meeting notice sufficient uh because it didn't list uh a potential vote. And the other issue is the impact of the town meeting vote, whether the board of selectmen
um are are obligated to follow through with the town meeting appropriation of the fireworks. So I separated those two things out because one is very clearly within the open meeting law which is the meeting notice allegation and one is not
um the the relationship visav the the authority of town meeting uh and the board is not something the attorney general's office will uh look into and it's not something the open meeting law um has within its purview. But the
meeting notice piece is um certainly uh uh a valid consideration under the open meeting law. We looked at the agenda item listed and advised the board that under the the statutory language of the open meeting
law as well as past decisions of the attorney general's office that are directly on point here. The attorney general's office has ruled that the open meeting law does not require a board to list uh the potential for a vote in a
meeting notice um listing the topic as uh discuss is um sufficient for open meeting law purposes. Um so >> so so can I just ask a question? It talks about fireworks celebrations
floral. It does not talk about what we're going to consider something that was approved at town meeting back in May. And there's been absolutely no
uh reason or development within the last 5 months that hasn't been there the past 3 years. So it makes absolutely no sense. absolutely no sense. I know.
>> Sure. So, I have I have no opinion and have not advised the board on uh the wisdom of any vote they took. My purview in advising the board tonight is purely on whether their notice was sufficient under the open meeting law or whether it
it was a violation that they need to remedy. As far as the open meeting law goes, there was no violation of the open meeting law uh in that they took a vote after um the agenda item listed
discussed potential change to 4th of to July 4th fireworks celebrations. Um whether you agree or disagree with uh the vote that they took is um uh a
policy issue that is is uh a legitimate debate but not with one which falls within the open meeting law. >> All right. So, so basically you're rejecting
uh my claims which is your right uh and now it's going to go to the attorney general >> and I have to write more >> to them and say I don't agree >> basically. Yeah. So what we will do is is once we finalize uh the response to
you, we'll send you the response by email. >> That's by tomorrow, right? >> Yep. So, we'll >> we'll send the response by email. The attorney general's office is copied. You then um have 30 days to appeal that further to the attorney general's office
if you're not satisfied with the decision. >> All right. And you know, part of my responding so quickly about this is because we don't have vendors locked in from my understanding. So the longer
this drags on, uh, the less chance that we will have any celebration at all. And voters voted for this 5 months ago. Some voters voted for this that are no longer
here. Some voters voted for this coming in and being in physical pain. Right? And I just don't understand how you can be so callous. I don't get it.
I mean, I think that I would like an explanation regardless of this open meeting violation complaint form. I think voters deserve it. Um, I've laid out other issues. The lack
of even acknowledging that this is part of somebody's culture and ridiculing it just beyond comprehension for a public body such as the slot board.
I don't understand. I just don't understand it. >> Uh >> all right. >> Okay. Uh Joan, uh this is Dean Trout, the chair. Um and I understand your concern and I
think it's important that we separate the procedural issue that that town council has addressed as far as um the open meeting law complaint and you'll get the response um tomorrow.
Certainly, you can take whatever action you you'd wish. Um, if you're unhappy with the decision select board made, and I know you're not alone, um, that's sort of a separate issue. Um, I will acknowledge the fact that we did
post the agenda for our next select board meeting, which is Monday night, and I did put in an item specifically to talk about the fireworks. >> Okay. Thank you very much. I appreciate that. So I think that that would be a
good opportunity where we could kind of go into it um specifically as far as the thinking of the board and you know you certainly can make all of your comments and frankly I'm very interested to uh to hear from folks and uh and that's a
separate policy issue which we don't have to involve town council in. >> All right, I understand. >> Thank you very much for being an interested citizen. You're welcome. >> So, Dean, if I could get a vote on the
>> Yes. >> All right. Uh, David, >> I just like to make one quick comment before I uh make that make that motion. Um, uh, I [laughter] I I completely understand Miss M. Luciani's concerns and uh, that kind of thing. I just want
to say I am unaware of us ridiculing anybody's culture um in this in our discussion in any way. Uh and in fact going into our discussion um uh for this meeting that uh on December 15th uh I I
would say that the board was pretty mixed, right? Uh uh uh there are three of us I think that kind of went back and forth and were persuaded one way or another by um um arguments or points that other other
members made. So and I don't think in any of that discussion did we ridicule anybody. Uh uh in fact, as I remember it, the the biggest reasons not to have this by the part of the board were um uh en environmental and the the demands uh
placed on staff to be able to pull off the celebration. But um uh I I would >> Yep. U Fran would make sure you've got your hand raised. I was just going to add to that David is
saying what I I was going to say and it it the decision was really in for me monetarily. Um the the amount of staff it takes and I think that having staff be home with their families on that day
made me vote that way and also environmentally and that was not out of callousness at all. Um, >> thanks. >> Thank you, >> David. Uh, I move that we um allow um uh
the town manager along with town council to respond to the OML complaint um with the um draft response in our packet um with any uh last minute edits or changes that are required. >> Could I get a second?
>> Second. moved and seconded. Uh all in favor of uh >> I think since we have a remote member I have to call the roll. Um so we'll do a roll call vote. >> Um yes. Uh Miss Arsenal >> I. >> Mr. Snder Grant
>> I. >> Mr. Charter >> I. >> And I also say I. So that's unanimous. >> Okay. Thank you. Um we've come to the end of our agenda. I would entertain one more motion.
>> I move to adjourn. >> That is a second. >> Second. >> Second. >> Okay. Uh would the clerk please call the role? >> Uh Miss Arsenal. >> I. >> Uh Mr. Snder Grant. >> Yes. >> Uh Mr. Charter.
>> I. >> And I also say I. So that was also unanimous. Thank you.