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What's up? >> Okay. Okay, good evening. It is 7:00 on Tuesday, June 9th, 2026. This is a meeting of the Halifax Select Board. It is 7:00. We are in the Select Board meeting room at the Halifax Town Hall.

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Just a quick note that this meeting has been posted in accordance with the provisions of Mass General Laws, Chapter 38, Section 20B and pursuant to Chapter 38, Section 20F. Notice is being made that this meeting is being recorded and will be posted on Area 58 Community Access Channel. The Board Chair reasonably anticipates the following

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matters will be discussed and or voted on at this meeting. Agenda items may be taken out of order for time management considerations. And in a long-standing tradition, those that are able, could you please stand and we'll say the Pledge. >> I pledge allegiance to the flag of the United States of America and to the

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republic for which it stands, one nation under God, indivisible, with liberty and justice for all. >> Thank you. Okay, we can just jump in and for the most part just go right in order. So, Jonathan, would you like to handle the warrants and commitments?

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>> Absolutely, Tom. I move to affirm approval of the following warrants and commitments. Payroll warrant number 110 for $476,988.57. Vendor warrant number 111 for $352,823.50. Withholding warrant number 112 for $162,982.20.

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Mobile home park fee number six for $5,160. And ambulance commitments from 5/25/26 to 5/31/26 for $53,687.30. >> So moved. >> Second. >> Second.

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All those in favor? Aye. Opposed? Unanimous. >> All right. I move to approve the following warrant, school warrant number 113 for $171,745.79. >> So moved. >> Second. All those in favor? >> Aye. >> Opposed? Unanimous. And I should have I'm remiss, I should have done a quick introduction.

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We are absent our TA Stephen Sobel tonight, he has a prior commitment, professional commitment. To my right, your left is the administrative assistant Pamela McSherry. Myself, Tom Pratt, joined by selectman Bill Smith and Jonathan Stover. For representation from the board tonight.

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Did you gentlemen have an opportunity to approve the selectman minutes from March 9th, 2026 and March 24th, 2026? >> We did. >> Any questions, concerns, additions or deletions needed? >> No. >> I will entertain a motion to approve

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separately the board of selectman meeting minutes from March 9th, 2026. >> So moved. >> Second. >> All those in favor? >> Aye. >> Opposed? Unanimous. And the same, I'll entertain a motion to approve the board of selectman meeting minutes from March 24th, 2026. >> So moved. >> Second.

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>> All those in favor? >> Aye. >> Opposed? Unanimous. Okay. Letter B on your on your packet is a proposed increase in conservation [clears throat] fees from the conservation commission. This is intended by the conservation commission

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to be more in line with neighboring towns, taking into account inflation and increased operating costs. The proposed fee schedule was researched against those comparative towns. And not all of the fees are increased. Several

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permit categories remain unchanged. This is intended to be more in line and gain some revenue for the town >> [snorts] >> and becoming more competitive with fees. There are a number of them, probably close to 25. Some range to no change in some increase Uh up to 33% or so,

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but those are nominal fees and increased only. Does anybody want to weigh in on any of them specifically? Do we have any concerns as a blanket? >> I think we could blanket them. I mean they all they all make sense. They're all I don't want to say minor, but

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they're all you know under 50% increases and again, we're not trying to set the market for fees, but we want to make sure we're not giving the town away either. So, I think we want to be competitive and I think these make Halifax competitive.

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>> Agreed and I would just comment like I said there are almost 30 of them and the vast majority of them are increases of flat fees of $25, which doesn't represent the increase of 33%. So, it sounds like a big percentage, but the dollar value remains low. So, is there any other discussion

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or questions on that? I would entertain a motion to approve as printed the recommended fee schedule increase as presented by the conservation committee. >> So moved. >> Second. >> All those in favor? Opposed? Unanimous. Okay. Moving down

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us tonight is letter C. It is a authorization for the select board to sign the deed for 15 Ocean Avenue. 15 Ocean Avenue let me refresh myself here

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is associated with the disposition of the property located there. It was acquired through the town's tax title process. There is an outstanding obligation of north of $101,000 and the property has subsequently been sold for 150. As a result, the town will

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recover the outstanding taxes, water charges and associated costs through this process and approval and following satisfaction of those obligations and any remaining proceeds would be would be reviewed by tax title counsel to determine the appropriate legal disposition according to

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Massachusetts General Law. So, basically this allows the town to recover some serious delinquent taxes on the property before it's sold and it removes the property from the tax title inventory, which has previously been discussed with a number of committees about how properties fall behind in taxes and so forth and how long it takes to recover

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those and recoup those fees to the town. This is an example of the process coming to an end on one particular property. Um it would be probably my recommendation unless there's an objection to move this forward and sign and execute the deed as presented um and move it along the line.

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Um do I have a motion to that effect? >> Sure, I'll make the motion to have the Board of Selectmen sign the deed for the property at 15 Ocean Avenue. >> So moved. >> And I'll second that. Um all those in favor? Aye. Opposed? It carries unanimously.

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Uh letter D is um a discussion uh for us to review and sign the Titan Bond contract with the Hemlock Landfill. Let me just get down there here. Uh let me know if you find what page it is before I get there.

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>> 17, Don. >> Okay. Um So, this contract um is a continuation of discussions we've had. The contract term extends from July 1, 2026 through June 30, 2029 and has a total contract value of

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$123,800 over the course of 3 years. That's broken down in FY27 for 39,700, which was approved at town meeting on May 11th of this year uh on line item number 111. And the future contract appropriations for FY28

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and 29 will still require funding authorization at future town meetings. Um but this um frame this s- establishes the framework for that three-year contract subject to appropriation at town meeting. Um those numbers FY27 are 39,700,

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FY28 is 41,425, and the final year is 42,675 representing a total contract of $123,800. Um just keep in mind before any discussion that this framework has been established at town meeting for the first year already. Um future

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appropriations have to be considered, but this is the framework. Comments, questions, or concerns? >> Do you Do you know offhand, Tom, if they're going to be uh is this part of that P fast settlement at all? >> I don't believe so. I didn't see anything to that effect.

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>> It's all just uh gas monitoring wells, landfill >> I believe so. I didn't see anything in there for the uh on the written contract about that. >> Yep. No. Yeah, right here. Test two, semi-annual groundwater surface water monitoring. >> Where are you? >> Uh page 26.

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>> Okay, page 26. I don't have page 26. >> Okay, pay extra. >> What section are we on? >> Uh 26. Semi-annual groundwater surface water monitoring event. >> Okay. >> So yeah, it looks like they're monitoring the the gas expulsion and

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they'll >> How many of them are there? Okay, yep. [clears throat] >> So that's great. >> It's on a quarterly basis, it appears. >> And annual inspections as well. >> [snorts] >> Yeah, I mean something we have to do. So annual landfill inspections semi-annual

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Yep. >> 1238 Okay, yep. Stay corrected. Okay. Uh even better. >> Yeah. >> So >> So I'll um I'll make that motion for the Board of Selectmen to sign the agreement with Tighe & Bond for um landfill monitoring for the Hemlock

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Landfill for our years uh 27, 28, 29 with 28, 29 needing town meeting approval. >> So moved. >> Second. >> All those in favor? >> Aye. >> Aye. >> Opposed? Unanimous. Good catch, Jonathan. >> Yeah, of course. >> Um okay, we have a live entertainment

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permit um for July 4th uh to be held over on Spring Street. Um this name I think this is gentleman has appeared before us previously. >> It's been over the last past five years. >> Yeah, and it's okayed by the fire chief, the police chief, and the board of

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health with no concerns. Um this again is to be held on July 4th um for approximately 6 hours, 3:00 to 9:00 p.m. >> This is 75 people plus? >> Plus classic rock band.

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>> Live entertainment. >> Where are these people going to park? >> Uh it's uh parking plan is a single side of the street with clear access for emergency vehicles. Um I'd have to imagine that there was concerns that the police chief >> What about What if >> would have waited >> discussed.

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>> Okay, so they they've done this over the last past five years. >> I remember this. I remember this application every year. >> Yeah. >> Uh I'm okay with it given the fact that the chiefs have signed off and that the highways are on board. Board of health on board. Board of health. Um so I will make the motion to approve

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the live entertainment permit uh for Ron Jerome over on Spring Street for July 4th, 2026 from 3:00 p.m. to 9:00 p.m. to include uh a live classic rock band. >> So moved. >> And he seconds. >> Second. >> All those in favor? Aye. Opposed? Unanimous. Okay. Letter F. Um

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this is more just a discussion quick topic uh over the course of the last several uh weeks or months uh there's been discussions uh about having um the building uh inspector and zoning enforcement officer double as the uh uncompensated town planner.

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Um he has withdrawn that application and that consideration. So um we are back to uh square one on that. So, at the moment there is no town planner. There is no interim or uncompensated official in any capacity. Michael Brogan will act continually as the building inspector and the zoning enforcement

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officer. With his role remain unchanged and reverted back to his hiring. Any questions on that? Okay. Item G, the Board of Assessors had an asked to be heard this evening. They have removed themselves from the

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agenda, so we will skip over that one. Letter H is to discuss and consider the reappointment of three finance committee members whose term expires on June June 15th. >> June 15th. >> June 15th, 2026. >> 2029.

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>> It's all right. So, this proposal would include each of them being reappointed by our board for a period of 3 years to start on June 15th, 2026 and to expire 3 years later in 2029. They are, in alphabetical order, Edward Bryan,

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Rodney Hemingway, and Michael Rigney. I don't know if anybody has any discussion points on this. They're contributing members with good attendance. I'd like for all of them to continue to remain on the board if they are so willing, which I understand they are. So. Okay.

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So, one at a time, I will make the motion to reappoint Edward Bryan to a 3-year term on the Finance Committee to begin on June 15th, 2026. >> So moved. >> Any second? >> Second. >> All those in favor? >> Aye. >> Unanimous. I'll make a similar motion,

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same exact motion to appoint Rodney Hemingway as a member of the Finance Committee to with a term ending on June 15th, 2029. Do I have a second? >> So moved. >> Second. >> All those in favor? >> Aye. >> Unanimous. And lastly, in alphabetical order, to reappoint I make a motion

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to approve reappoint rather Michael Rigney to a 3-year term on the finance Halifax finance committee with a term June 15th, 2026 through June 15th, 2029. >> So moved. Second. >> All those in favor? >> Aye. >> Opposed? Unanimous. >> Thank you.

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>> Thank you for volunteering. Okay. Um there was uh some consideration to uh letter I, um release a series 2468 >> 10 12 14 2 4 6 24 26 28 30 32 34 36 38 40 42 44

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>> 48 executive session meeting minutes uh beginning back on May 10th, 2021 um sporadically through 11/22/2022. Those are all executive session meeting minutes that predate our terms uh collectively and individually. Um

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I think that the decision that I would come to would be to delay the release of those minutes uh pending review of review of uh by legal counsel. Um >> I agree. >> I think that's >> it makes sense. I know I know I talked with um Paul, our legal counsel, about

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this before and he says that in a lot of communities uh they'll have town counsel take a look at session minutes and essentially give the town advice as to which ones should be released and shouldn't be released. I mean, the idea is you want to try and get as much information to the community as you can,

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but you also always have to bear in mind any sort of ongoing litigation, any sort of collective bargaining strategies um that you don't necessarily want to reveal. >> Agreed. >> So, um I think it might be a good practice for the town to consider um handing some of this off to our town

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council for them to peruse to make sure that we're not stepping in anything. >> Yep. >> Especially whereas uh all of these happened before we were sitting here. >> Agreed. And I it took a long time to review them. I have reviewed them. Um I did have a couple of questions on them

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and I did not have an opportunity to speak to Paul or legal counsel. I think as a general practice that's a great idea to get legal counsel involved on the ground floor. Would our board have any opinion, maybe not a motion, but having these specific meeting minutes sent to legal for their

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review for their potential release in a date as soon as possible? Um, to kind of meet in the middle on the request. So, we're not comfortable releasing them, but we can make the movement toward it. Sure. >> Yes, yes. >> Sure. Given the fact it might take them some time to get back to us, then we can

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schedule at a future time. >> Do we Do we want to take both years? Do we want to do maybe 2021 now and circle back to 2022 later or just kind of bite the bullet and just worried about dropping 40-something, you know, minutes on them all at once,

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but >> Uh, I mean, as you can see 2021 was 2 and 1/2 times as busy as 2022. I didn't I didn't notice anything substantially different in the material. Only having to scan the first half of 2023, which is not on the list. I think we're talking about different items.

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>> Yeah. >> So, I guess my quick opinion might be more cumbersome, higher bill, but maybe more related related issues. I'd probably opt to keep them together. >> Yeah. Okay. Okay. >> Um, okay. So, I think maybe what we'll do is we'll just ask

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Pam and Stephen to facilitate getting them over to legal for a review. >> You want 2021 and 2022? >> Yeah. As listed. >> Let's get them. Yeah, let's get them. >> As listed. Yep. Okay. Are we all Are we all okay with that? >> Yes. >> Any concerns? >> Nope. You think we need a motion or do you think just a

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Well, we're not releasing anything. I think >> I mean, if you want to button it up, we can certainly do that. Are you more comfortable making that motion? >> Yeah, just to make it official. >> Sure. I'll just say I'll make a motion for more selectmen to pass along the executive session meeting minutes from

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listed on the agenda here from 2021 and 2022 to our town council work session residences. >> I will second that motion. All those in favor? Aye. Aye. Opposed? Okay. Unanimous. Okay. I did mention that there are a lot

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of them right now. We, the select board, are requesting the submission for those individuals interested in serving on the Halifax Elementary School Committee to submit talent bank forms to be considered for a position on that

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committee. We do have one opening on the committee that was vacated by a member that has moved out of town. I have spoken to the chair of the school committee and I think the appetite there would be to allow a period of 30 days

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to request and gain talent talent bank forms for those individuals. There's one or two on file from a previous application process. Okay. But also allow new candidates to submit their their interests. So,

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I don't think we need a motion for that, but just be advised that that will be posted. And yeah, it's a great opportunity to get involved. As you know, there are there's a lot of hot topic items in town and this is your opportunity to make a difference. So, I would encourage all those interested to

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to throw their name in the ring. >> Do you want a deadline of >> Well, we we meet the school committee meets when? >> We meet the 23rd. So, and then what's I don't know what the July date is. >> It would be

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>> July 7th and 21st. So, why don't we say July >> July 7th. >> July 7th. So, why don't we say July by Monday, July 6th? >> Yeah. >> Yeah, that's fine. And then we we'll post it for our agenda for the 7th. >> It's a little under a month, but I think that's fine. >> Okay.

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>> And then put on the >> Just a couple of quick heads up that I had. Pam, I I think maybe we I think in the past we have posted this. Our board has been invited to attend the Halifax Elementary School graduation on June 22nd at 6:00 p.m.

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I am unable to make it due to a prior commitment, but I think in the best interest of possibility for a quorum, we should post that we are attending the meeting. Everyone should have gotten a an email invite from Ellen Kenny. So, if you could please respond there.

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And we certainly wish those graduates well as they move on to middle school. Uh, I did hear as a prior item I did hear back from Stephen. We had talked about we had skipped over the whistleblower liaison to the board. He indicated that the prior practice was that the town administrator

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be appointed as the whistleblower as somebody in town in town hall. I have no issue with that. We would have to appoint him and make a motion to do that. So, I will include that on the next agenda for 2 weeks from now. So, just if you have any questions or concerns or thoughts on that, you can

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be prepared. I have also been contacted by a number of residents over on the beaches, Ling and Street specifically, and they would like to appear possibly in conjunction with parks on our next meeting for June 23rd. So, I'll expect

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to see them before us in 2 weeks. And then finally, the only other update that I had and I don't have it printed. We received today So,

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We received today Bear with me this is on my phone. This afternoon, short notice, public comment public participation from a resident that could not make it tonight, but asked and I will oblige reading a statement into record on his

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behalf. To do that. This is a little bit outside the box, but you know, we talk about things that are on our minds like Ling and Street, whistleblowers and so forth. So, I'm going to allow the public comment here tonight to be requested to be read into the record. It is a letter dated to the Halifax Board of Selectmen

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uh dated for June 9th, 2026, which is today. Submitted by Gordon C. Andrews, 244 Elm Street. Uh let's see. My I should have printed this. Test Test my eyes. My name is Gordon

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Andrews, 244 Elm Street. I apologize for not being able to attend in person this evening. As president of the Halifax Youth Soccer Association, I'm required to be at the Coastal Youth Soccer League meeting tonight on playoffs and NFCs and activities. I appreciate the board acting allowing these comments to be read into the record. And I ask that

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they and my accompanying letter be entered into tonight's meeting minutes. I want the fire and police positions restored. So does this board. I'm here about how that can be lawfully done. At the Finance Committee's June 1 meeting, the chair told the police chief the committee has complete control over

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the reserve account and intends to fund public poli- to fund police staffing from it for the year. I respectfully submit that the reserve fund cannot lawfully be used this way and that the proper path is a special town meeting. Here's why.

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On May 11, town meeting adopted the fire and police lines at reduced figures and twice decided declined to raise them. Once on the floor, once at the ballot. Under state law, a reserve fund transfer is not only is only for extraordinary or unforeseen circumstances.

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A shortfall the town deliberately voted is not unforeseen. The state's Division of Local Services is explicit. Reserve transfers cannot be used to bypass or render invalid a legitimate town meeting decisions. Funding the exact staffing the body declined to vote would do that. >> [snorts]

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>> And consider how they would fund that how they funded that reserve. They put $300,000 of raise and appropriate recurring tax levy money into it after telling residents all budget season that the levy couldn't cover these very lines. Moving the money to police and fire by a finance committee transfer

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does, without a town meeting vote, exactly what the appropriation process and the override already declined to do. That is the circumvention That is the circumvention the law forbids. Only town meeting can restore what town meeting set. The selectmen can't appropriate it. The finance committee

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can't reach it through the reserve. The lawful vehicle is a special town meeting, the same channel the town is already using for the collective bargaining bargaining costs. I understand my citizen position petition for a special town meeting has been sent to town council for legal review. I only ask for consistency.

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Before any reserve transfer for fire or police staffing, get a written town council opinion on whether it meets the law. If my petition needs legal review before it proceeds, so does a reserve transfer to fund positions the voter the voters declined to fund. Thank you.

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So, that was received this afternoon. We are absent our town administrator today. We are acutely aware of potential rumblings of petitions and so forth. I can comment at this time that none have been received by our board at

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this time, and I don't think that I will be offering any future comment on that at this time until further information becomes available. I don't know if either of you have a difference of opinion or like to comment one way or the other. >> No. >> Okay. That being said, where that public comment was allowed, I would open it up

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to those here in attendance or otherwise for public comment. Yes, sir. Name and address, please. >> Uh my name is Jim Walters. I live at 26 Orchard Circle. And for transparency, I am the chair of the Halifax Finance Committee.

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Um I would like to I had an opportunity to read through the same letter that was just read into the record, and I have a couple of things I think need to be brought to the attention of the select board. In his statement, he says that once town meeting sets up appropriations, only

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town meeting can change it. Generally, that is correct. However, they are not the only body that can move money around after appropriations have been made. Mass General Law 44, chapter 31, prohibits departments from running

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liabilities in excess of appropriations. Therefore, Mass General Law 40, section 6, allows the Finance Committee to move reserve funds to fund certain line items in in the budgets of towns. As an example, if town meeting set

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uh moved $200,000 into the highway department, and then they had some unforeseen expenses, the Finance Committee, after looking at that request, would then move money into the highway department's budget to fund the

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shortfall. So, what what's being stated isn't is generally correct, but then not entirely correct. Secondly, uh Mass General Law 40, section 6, does not offer any specific definition in statute for unusual, extraordinary, or

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unforeseen. So, we're working What that is That letter tells me that we're working off of what I would believe is that gentleman's interpretation of what unforeseen is. So, there [clears throat] are in There are When we get the reviews for or requests

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to remove or to move money through the reserve fund, I look at probably six different aspects of it. The first one is is the expenditure legal, right? That's that's pretty much the first thing. So, the answer for this one specifically is yes. Um you know, was it reasonably

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unforeseeable at the time that the budget was set? Now, the Finance Committee met on April 6th, discussed the budget, voted on the budget that was presented at town meeting. It wasn't until town meeting when the overages from the the were presented, and we had

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the finance committee had no opportunity to reset the budget, change any of the numbers, or add anything to any of the lines. So, as an unforeseen event, I think that would absolutely qualify because it was at town meeting that we all learned about. Um is it you know,

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again, is it is there supporting documentation? Absolutely, because Chief Chavez and Chief Bender have put together a pretty sound budget for what they had for this year. Um you know, is the department managing its budget responsibly? Sure, absolutely it is. Uh is the reserve fund the best

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available option? Currently, yes. That's that's that's what that that's what those dollars are actually meant for. And the last thing, is it extraordinary or unusual? I'd say two aspects of it is true. First of all, it's unusual because again, we didn't know about the extra the extra dollars from the school until

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town meeting after we had already approved the budget. And um you know, this is actually a public safety and a risk issue I think that needs to be addressed. And this is the most appropriate way to do it. Um so, uh you know, again, the the expense couldn't be

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determined when the when the budget was approved on the 6th. Uh therefore, I think I I understand I understand the point of view that's being brought forth here. However, I think statute and past precedent and municipal Massachusetts municipal budget practices allow this to

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happen. >> I'll get Okay. Okay. Thank you for that, Jim. >> Thank you. >> Any other public comment on the same topic? >> Tim Bender, uh Cranberry Drive, also the deputy police chief. Um obviously, with that comment, we have

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3 weeks until July 1st when our budget starts. There's uncertainty, obviously, with both sides. Um whether it's going to be reviewed by town council, whatever decision is made, I just think that it should be made as

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quick as possible so the departments are actually knowing what their budget numbers are going to be July 1st. For the police department, I won't speak for the fire department. Some major major decisions will be have to be made.

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>> Understood. Understood. And again, this is this is not a non-comment for for me personally. I just you know, we got this late and I just we read it and I want to have an opportunity here. I don't know that Does anybody have a comment on that at all or >> Do do we do we think it's worth sending

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it up the pole to our council to to take a look at? >> I believe it already has been. >> Okay. Yeah. >> I believe it has. >> Okay. >> So you know, as soon as we get answers back >> To Deputy Chief's point, I mean, you know, the time is of the essence here regardless of the you know, which way

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this goes. So I So I think it has been expedited as best we can. >> Great. >> Okay. >> Good. >> Any other comment on that? Okay. Anything other public comment at the moment? No? Okay.

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The only other thing I wanted to mention is just circling back to last week. This is from the young Dylan Cullinan. This was a suggestion by Dylan in a letter that we read into the record last week that will be is framed and will be posted downstairs. This is the letter

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and his proposed Halifax town flag that will be displayed in the lobby between now and summer. We thank Dylan again for his for his foresight and his his involvement in the town and for his creativity and his being proactive. >> Have we Pam, would we want to put

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together a letter for Dylan and a letter of thanks >> Good talk. >> something together? >> Good talk. Yeah. Excellent. >> Maybe have him come to a meeting? >> Sure. If he would we welcome him to the >> Yeah. Offer an invitation to the board when we do >> Sure. So he gets out of school the 22nd and then when we meet the next night it's the first night of summer. He can spend

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>> First night of summer. Where else would he want to be? >> Okay, all right. Thank you Pam. Uh That is all I had. Anything else from this board? >> No, no. You run a very efficient meeting Mr. Pratt. >> Holy cow. >> You've been practicing?

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>> I know you've been in front of the mirror. What's going on here? >> No, I'm not in charge of much else so this is you know first time, first time. Okay Pam, anything from you? >> I have nothing. >> Thank you as always. Okay, it is 7:00 I just turned 7:30.

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>> Yeah, she did bring it up. >> All right, just missed. All right, it is 7:31. I will entertain entertain a motion to adjourn. >> You got it. >> So moved. >> And I will second that. >> All those in favor? Unanimous. Thank you all. >> Thank you.

