Good evening everyone. I'd like to call the meeting of the select board to order of July 7th 2026 at 5:04 p.m. >> Laura Shepard here. Sarah Logan here. Valerie Goodri here. And um Laurian
to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all. >> I'd like to acknowledge and thank all of our veterans, as well as our military
currently serving here and abroad, as well as all of our emergency response individuals here in town, our elected and appointed officials and our staff, and all of their families for helping our community be a better place. Thank you.
Um, I'd like to announce that the meeting is being recorded and uploaded to YouTube and it's recorded. Seeing none, great. Um, review agenda, announcements and communications. So, in terms of the agenda, um, tonight we're going to go through announcements
and communications and then we're going to jump into our first two executive sessions and then come back to open session after that or all three. All three. Yeah, probably do all three and then come back to open session. So, um
>> I guess just for TCAM purposes, we'll we'll say, "Hey, we're signing off but coming back." But then we'll um either all walk down and say, "Hey, we'll be back in a minute or two to help you uh keep a tune of things going on." So, we're uh transparent that way. So, >> absolutely.
So, that screen share there, Karen. >> Sure. So, um, go ahead. You can start at any time. So, >> doing five first. Is that >> We're doing uh two first. Well, this is three. You can start playing. So, um, at
the pleasure of the board, I'd like to, uh, take two minutes to make an announcement. I'm not resigning. Don't worry. Um, so, as some of you know, on Monday, the nomination papers for the two additional select board seats opened in the town clerk's office. and I wanted to make a minute to share my experience
with Towns and Needs and its newest members and to make a request to the community. One of the most common comments I get when I tell anyone they should run for Slackboard, and I say it a lot right now, is that I could never do that or why would you do that. I'll be honest that there are extremely frustrating times when someone says
something really hurtful or accuses me of motives that are far from the truth. Times where I have to work late at night to balance volunteer responsibilities with the rest of my life. Yet, every time I go to make a vote or other big decision, I try and remind myself how lucky I am that I've been elected to work for the 9,000 residents of this
town. Not a decision for the individual who's calling on the phone or the person who wants a particular project, but the best decision for those residents. Usually, those goals will align, but sometimes they don't. I find myself pulling up these memories the past year and a half since I've been on the board
to remind myself that those people and this place are what makes serving on this select board worth it. most of the time actually quite rewarding and fun. I hate to admit it to myself. What the town needs is for all those people who don't think they are ready or couldn't do it but want to make towns in
a better place to step up. Folks who are willing to work towards compromise, make hard discussions and decisions, disagree respectfully, and drop personal vendettas or agendas when they don't benefit our residents. Our staff and volunteers work so hard and they need
more new partners. Municipal government depends on people recognizing that the someone else they're waiting for might very well be themselves and are willing to at least give it a try. We will mess up and get angry and disagree and we can ask for the grace to fix our mistakes
and come to solutions. At times it can seem like local issues are shaped by long-standing disagreements many residents are not a part of. It's been a rough couple of years of a pandemic coupled with administrative turnovers. The financial outlook for next year is going to require unity and cooperation.
And I'd close with a sincere appeal to folks who are making those decisions, elected or appointed. Take a moment to consider whether each decision is truly in the best interest of the community as a whole. Kansas is a great place to live. I call it the quirky little town with a big tart that is a little rough
around the edges. Probably like a lot of us sing at the table. Many are already putting in the work to keep it that way. We just have to remind each other of our shared goals. I like to say that municipal government should be largely unremarkable for most residents like salty and crackers. People lead busy
lives and rely on us to provide services effectively and responsibly when they need them. We should aim to maintain that stability and avoid unnecessary conflict, especially when difficult but open and constructive dialogue can help move issues forward. If you see a problem, ask before you assume.
I ride myself every day to try and walk through seeking the best in others and acting in accordance and as we all try and do more of the same. >> Thank you for your >> absolutely >> very well put.
>> So I think now if there's any other deliberation announcements communications I think we're pretty good. Um at 509, I'd like to move to enter into executive session pursuant to open meeting law chapter 30A section 21 A3 to
discuss strategy with respect to pending litigation for an open meeting may have a detrimental effect on the litigating position of the town and chair. So declared intervenor v. Counter townsen middle sex superior court docket number 2681 CV01140.
The chair so um executive session pursuant to open law chapter 3A section 213 to distress strategy with respect to pending litigation where an open meeting may have a detrimental effect on the litigating position of the town. The chair so declares Harrison C. May be
counted of towns at all. Middle Sex County Superior Court docket number 2681 CB01747. So do declare executive session pursuant to open meeting law
chapter 30 section 21A3 to discuss strategy with respect to pending litigation where an open meeting may have a detrimental effect on the litigating position of the town. And the chair so declares RFS court v county town of town middle six county superior court docket number 2581
CV02381 and I so do declare >> and we will be sorry >> second returning to open session roll call vote >> yes Sarah Logan yes and yes
uh >> thank you TKM I'll come down and knock on the door when we're back in action thank you so Tam, can you hear us? >> Yes, you're all set. >> Well, we'll be with you in just a second. We're just uh using the restroom, so hold on. All right, Tam, we're up and running. I
think you have us recording, but uh thank you. Sorry everybody for the delay. I'm sure we lost quite a few on the way, but um we're going to move along. Re-entering open session at 7:01. I'm just going to take a roll call vote
just to make sure >> here Sarah Logan here to chair um four approve meeting minutes of June 30th, 2026. >> Um Sarah Logan move to approve the meeting minutes of June 30th, 2026.
>> Laura Shiffren second. >> Any questions? Gave a few little updates way back when. >> Yeah, the edits were done. Okay, roll call vote. Laura Shiffren, yes. >> Sarah Logan, yes. Valerie Lri. Yes, I
almost said Valerie. Um, number five, appointments and resignations. 5.1. >> Sorry. >> Appointments. It's okay. >> I, Sarah Logan, move to appoint reappoint the individuals listed on the appointments and reappoint schedule as presented for the terms indicated. Would
you like me to read the list into the record? >> Sure. >> Okay. So, we've got Abigail Farley for the Commission on Disability from 7726 to 6:3029. Kim Craraven for the ad hoc heart library restoration committee 7726 to
5427. And Colby Streer for full member zoning board of appeals 7726 to 63031. >> Just a um did you form a committee the restoration committee? Yeah, that we had we appointed someone. We appointed
>> We did that already. >> Yep. It was up for for you guys vote. It was posted. That one's been posted for a while. The West Times meeting was also up, but we just don't got to spell yet because it wasn't up enough time from
today. Seconded want second. I thought no second. >> Any discussion? We did. So, we'll call vote. Yes. Sarah Logan, yes. Yes. And thank you to everybody for volunteering. We always
appreciate it. Um, number six, unfinished business 6.1 FY26 legal expenses. I left this on there because I was waiting for the last invoice from FY26 Rol in which we have. So, I'm just going to make those numbers more
definitive now. Now that those numbers are actually precise from MTC and I will finish that two slides and update them and then you can post them on the Slackboard page for FI26. >> Yeah, kind of a segue is um for those that uh take a look at our website, the
town administrator page now has your um the reports I've been working on for you guys since about January. Um, you know, as I'm sort of shifting becoming the the full TA, I'll keep those reports up there, um, and work with our admin assistant, Sabrina, to make sure they're timely. Um, I'll probably build a little
subpage off that same landing area that has like legal expenses and try to come up with some my budget concepts, some visual pie charts, things like that, just make it look a little bit more appealing for uh, for folks. And if you catch me at Dunkin Donuts, you could ask me, you know, how come we spent XYZ
dollars on your silly contract? Well, because you want to make sure you get it right and you protect the town and things like that. So, >> and it could also be a place for any other of those type of our budgetary expenses that we want to explain. So, >> yeah, >> that's great. >> Yeah, I did post it on Facebook, too. So, those that are um
>> watching us after the fact are still with us on the towns and Facebook page. I did put a link to all the TA reports. Um I'll continue to do that. I also put up the fact that we have an election upcoming. So, I'm trying to spread word and, you know, share some positive news for the town. Yeah, that will be coming up in new business.
>> Excellent. >> Um, so 6.2 Fly 26 municipal transfers. >> We don't have any um that we haven't already visited with. Um, in the event there's any that upcoming, we have um another eight days or so to cover them, but um the accountant and I felt like
we're in good shape. So fingers crossed. So >> great. 6.3 FY27 annual agreement between L Regional Transit Authority and Town. Yeah, this is an annual agreement that um I just have to ask that you guys authorize uh me to sign. Um it's with us
and LRTA and um many other communities participate. Um I'd asked them a question about an indentification clause, but they said >> pushed off. >> Yeah, that's why it got pushed off, but it's a standard um sort of operating protocol for them. So um just need a motion to approve um that it be signed.
I Sarah Logan. Um motion for Kieran to sign the LRTA um agreement um out of session. >> Perfect. >> Second Lauren further. Is that where the $330 is in change?
>> Sad. >> Yeah, definitely benefits Boston at 4.5 million. >> Yeah, these are some wonderful services that our Council on Aging provide for folks. Um yeah, you know, especially in the service area, if you're, you know, if transportation's challenging, you
can, you know, make reservations up to a month in advance and you can, you know, use the bus to the senior center Monday through Friday. So, great service that's provided. So, >> any further questions? We'll call the floor. Yes. Sarah Logan. Yes. Val Jess
6.4 MLA for clerical bargaining union. >> Yes. Some exciting news with our cleric unit. um they were the the last of our three or sorry four union groups with Absme to um for us to finish out. We were just working through some last details with them. Um they have approved
the contract. Uh town council has also signed on our behalf. Um so for you guys it was in the SharePoint. Um, you know, in general, you know, we know we're not a able to really offer substantial increases for um, wages each year, but
um, we had a meeting of the minds with this group and we're able to come to a conclusion. So, it's 2% um, plus a onetime payment for this group because one of their clerical members um, has asked their uh, time is reduced here in town. So, it actually saves the town a
few dollars, but also enabled us to um you take our, you know, kind of our lowest paid employees and offer them a one-time um you know, bonus or you know, stipen if you will, uh you to sort of honor that uh reduction in hours for the other employees.
And then we'll be revisiting with this group as well as our other union groups um early in 27 um to start the budget process and hopefully a longer term agreement. >> Okay. Um I Sarah Logan move to approve
the memorandum of agreement for clerical bargaining unit. Any further discussion? >> This will be online as well as the other agreements in the next few days uh once it's been signed. Okay, good. Roll call vote. Laura Shiffren, yes.
>> Sarah Logan, yes. >> Yes. Launch new business. We go. Um 7.1 approval of disclosure form for city Marie King Commission on Disability. Um I'm not sure if Cindy's on, but I can just explain this really quickly. Um Cindy's on the Commission on Disability
and wanted to help with a grant and um it's for safe streets and accessibility and she's in a butterf and so she contacted ethics. ethics holder which disclosure form to fill out um to be um approved by the appointing authority which is the select board in this
instance. >> So is that my question? I had sent a question and I highlighted and copy pasted the statement that was made question. So sorry if I missed one. um
you know it's pretty standard um disclosure that a you know a butter would take in this scenario um and you know obviously the goal is to try to help the town and >> Oh yeah >> and try to take it from there. >> I just
didn't understand the statement and that was my question that um that referred to the appointing authority. >> The appointing authority would be the select board for >> Yeah. Yeah. >> But then it was in the disclosure.
So I >> need attachment to >> like right here. >> Yeah. Yeah. That's just >> that's the statement >> the determination by appointing that helps. This is just recommended. We can
change this. As appointing official as required by general law blah blah blah blah. I've reviewed the particular matter in the financial interest identified above by anal employee. I have determined that the financial interest is not so substantial as to be denied likely to affect the integrity of the services which the municipality may
expect for the >> So it sounds like it's coming who's it coming from the statement from us. >> This is our response. >> This is our response. >> This is our response. >> Okay. >> So yes, >> I did not understand that. >> Okay. So Cindy Cindy's part is the top
>> where she discloses a potential conflict and then that statement that Bal just read is our response. >> If if you'd like to alter the response anyway, I'm happy to. >> No, that was your response. >> No, Cindy recommended and I in this case
>> that's what I was confused >> that it was submitted to us but the response was there. So I'm like well who made the response? >> I I simply agreed that this was a legend response. Okay with the responses, but happy to edit it if you would like. >> No. >> Okay. Are you sure?
>> I'm positive. >> Okay. Can I make a motion? >> Sure. Go ahead. >> Confusing. Yes. >> Forms are not easy either. They're like almost circular in terms of what they get to, but >> Well, how helpful. >> Okay. I, Sarah Logan, move to approve
the disclosure form for Cindy Marie King, Commission on Disability. >> Second, Laura Shipper. Any further discussion? >> Yeah. >> Roll call vote. >> Sheriff, yes. Sarah Logan, yes. Valer, yes. 7.2,
warrant for 91 state primary. >> I can bring this up on the screen here. I think that's >> I can start with some of the um information first if you want me to while you Oh, you Okay, you got
>> Yeah. So, um, with the upcoming primary election on September 1st, um, there's some fun new colors and sort of themes, if you will, which I think is always, uh, useful these time of day, this time of year when people are thinking about elections. >> The state is just getting on board with everybody else. >> Yeah, it seems like the state's getting
a little bit more hip. Uh, so here we have some new colors uh, for folks to be aware of. >> Massachusetts to be reversed. >> Yeah, which I think is will be really fun when there's like a contested election or something like that, but we'll give it time. Um, so I think uh this
>> Republicans, >> yeah, you will likely see this on the town clerk's website as well as maybe I'll, you know, steal the link and put it up on Facebook just to share with people these sort of primary color changes and >> for the ballots. >> There's an official announcement too
that came from Secretary of State. >> I can just get this to let me escape. And then here's the memorandum sort of highlighting the changes. Um, which is very nice to have from the
Secretary Gallin's office. And last but not least is our warrant in terms of what it looks like here. So you want to approve this warrant which has everyone that's in consideration. >> Can I make a motion? >> Absolutely. Um I Sarah Logan move to
approve the warrant for 91 state primary and sign the warrant out of session with signature stamp second. I have a question on the um posting basis. >> So that can't change until the attorney
general reviews that bylaw change. So that will be that's why we backed off on changing the locations. Okay. It was approved at town meeting >> but we just have to wait for the a okay >> and I didn't want to say where it was going to be and then have these all
posted in the original locations >> if that makes any sense. Yeah, it'll it'll probably be okay because it won't be snowing. >> Those and hopefully this hopefully we get word back on that
>> approval of the town meeting vote by winter >> near future. >> So that's why it's still the original. >> Any other further discussion? Roll call vote. >> Shining. Yes. Sarah Logan. Yes.
>> Valer. Yes. >> Moving on to 7.3 warrant for 106 special town election. >> In reference to my opening remarks tonight. >> Um I Sarah Logan move to approve the warrant for the October 6th special town election and sign the warrant out of
session with signature stamp. Laura and second. >> Important to note for those at home um terms for the each respective select board member um one term is to expire in 2028 and the other term is to expire in
2029. So um >> year and a half and two and a half >> hope want to come along with me for the ride. So >> and again if you think you waiting for someone else to do it, it's probably your turn to do it. >> Come on board. >> We're a fun group.
Any further discussions? >> No. >> Roll call vote. Laura, yes. Sarah Logan, yes. Good. Yes. >> Um 7.4 surplus property parks and cemetery recreation quad vehicle from
us. >> Yeah. Let's see if I can get my pictures in. Let's see. So, we have a a quad, I guess a 4x4 that is no longer being used by our friends in cemetery parks. I think the history on it is they had been
given the vehicle, motor vehicle from the police department. That's probably why it's all that black um you know, nice color to it. Um they aren't using it. They said, "Hey, can we put this up on municip you know, surplus this property?" You know, we think it's worth about
$3,300ish dollars. Um, okay, that's what we're sort of hoping for a bid and that's from Mr. Roger Reposa had shared with me that sort of approximate value. Um, I have the title and such that was also on SharePoint. Um, so I just need your authority to put it up on the
municip and take it from there. I Sarah Logan move to approve the warrant surplus property parks and cemetery recreation quad vehicle for municip municip further discussion roll call vote ship yes
>> Sarah Logan yes good yes um 7.5 Bixby Brook Culver grant design engineering award >> yeah I thought I'd put things in the folder but clearly I had not um >> this was up there and then I think it disappeared. >> Did it? >> It was in the >> I feel like there was something in it cuz I saw like >> I think that might have been my fault
Karen because when I folders >> I went in two or three times and there was nothing there. >> It was in the main folder at one point in time and Sabrina might have moved. >> Ah, that's I dropped it. Yeah, that makes more sense. >> My bad. >> That's right. Let's see if I can find
it. Give me one second. for those listening at home. So, we were awarded a $150,000 grant um for the Bixby Colbert uh engineering and design work here in Townsen. Um for those that are great history gurus, we had been doing research and
investigation um work on this parcel or this area in town many years ago. Unfortunately, the you know, wetlands conservation and other um rules and regulations for land use had changed since then. Um so I worked with a um a
group to fulfill a grant and we were awarded the $150,000 um from the state of Massachusetts on a reimbursement grant with no match required um to have the engineer and design work done once again um based on today's current standards. Um, so I'm
just asking for your authority to enter into this contract with the state of Massachusett state of Massachusetts for the reimbursement and then begin um procurement to find um at least three or maybe five engineering firms that might be interested in the work and sort of go
from there. So um just your standard Massachusetts contract form. Um yeah, nothing too particular about. There's some other uh supporting documents that were in the folder originally but are no longer present but I'll leave it at that for now. So
>> no idea what happened to those. >> I know some things are moved around and the agenda was updated. So >> yeah, it just could be uh floating around but um really the gist of it is just allowing me to sign the contract as you had previous other TAs. I Sarah Logan move to accept the Bixby
Brook Colbert grant design engineering award and authorize the interim town administrator to sign the agreement second questions. Roll call vote. Yes. Sarah Logan. Yes. Yes. 7.4 for may
intervenor be the town of towns and Middle Sex counties pure court docket 2681 CV01140 general update by town council and board discussion only no litigation strategy >> that was 7.6
>> 7.6 thank you Mr. Costa. >> Uh thank you uh madam chair, members of the board. Um for the record, Adam Costa, town council with affirm Tyler and Costa. Um so the purpose of this agenda item uh I guess for those of you
who might be watching online either now or later. We don't have anybody physically in attendance other than board members and and the town administrator. Um but this is a case that was on the agenda a bit earlier for discussion uh in executive session which is fairly typical with pending
litigation. The state's open meeting law allows for uh discussion of pending litigation in executive session when the board will be discussing litigation strategy and where discussion of that strategy in an open session could have an adverse impact on the board or the town's litigating position. Um with that
said, the law does not require that all discussions of litigation occur in closed or executive session. And it is fairly common for municipal boards, typically select boards or boards of selectmen to discuss certain aspects of litigation in the interest of informing the public an open session. And so based
upon a consultation that I had prior to tonight with the chair uh and as I understand it, based upon some inquiries from members of the public uh regarding the status of a particular lawsuit uh that was just referenced um there was a desire that I provide just a brief update on the status of the litigation.
uh and maybe before I do that provide a bit of background uh for those who may not be familiar with it. So uh the case that's referenced on the agenda is uh Mayot intervenor versus town of townsend as defendant. Uh this is a lawsuit that was initiated and I know board members are aware of it. Uh that was initiated
uh back in late April on uh I think it was April 29th. uh was initially uh initiated on that day by the chair of your board of health uh Christian Roman Ramirez and he was the sole plaintiff and it was really prompted by a request that had been made back in February uh
purportedly on behalf of the chairman of the board of health by the town's health administrator uh requesting revolving account budgets for the last three years. Uh that request had been made uh of the records access officer, your town clerk, uh had been circulated uh among
certain officials within town hall and uh Dr. Roman Ramirez was uh frustrated. I I think it it's right for me to characterize his his sentiments in that way uh by what he perceived to be a failure by the town to to fully respond or respond at all with documents
responsive to uh his request. And so uh after some uh process and procedure locally and with the with the public records division at the secretary of the commonwealth's office uh Dr. Roman Ramirez decided on April 29th to file a lawsuit. It's a simple complaint about a page and a half uh asking that the court
require the town to comply with the public records law and to supply the documents that he had requested or that Carla Walter the the health administrator had requested. Um, even before the town had been served with that lawsuit, the following day on April 30th, um, Harrison Mayot, your your town
clerk, uh, filed a motion with the court to intervene in the lawsuit as a co-plaintiff or what's referred to as a plaintiff intervenor. Uh, and he intervened in the lawsuit. He filed a separate what's called a complaint in intervention. Uh, and that complaint and intervention raised concerns about the I
guess I I'll characterize it as the internal processes of the town with respect to responding to the public records request uh and sought relief uh similar to but I'll say more expansive than the relief that um that that Dr. Roman Ramirez was seeking not just the
production of these documents but uh declarations by the court that the town had made errors internally with respect to complying with the public records law. So, we received uh formal service about a week after these filings were made. Uh I prepared a motion to dismiss
for a number of reasons, and this is all public record, which is why I'm I'm comfortable discussing it openly and publicly in in tonight's uh open meeting. Um the motion to dismiss that I prepared and and ultimately served upon both Dr. Roman Ramirez and Mr. Mayott alleged a number of things. Number one,
it alleged that neither of them had the capacity to sue the town uh in their official positions as chairman of the board of health and as town clerk. Uh I believed and I continue to believe that the law is clear in this regard. In fact, I've litigated this issue in the federal court system in the US district
court. About seven or eight years ago, I litigated a case on behalf of another municipality. Uh and the premise of that case or I guess the ruling in that case was ultimately that municipal officials, boards, commissions and committees don't generally have the authority to sue in their official capacities without
authorization from the select board to sue any third party to sue the select board itself. They can't bring litigation uh in their official capacities against uh any other individual or or or agency without the permission from the select board. And of course, the select board hadn't given permission to either of those
individuals to either file the suit or intervene in the suit. Um, second of all, my from my perspective, the public records request had been complied with. The request had asked for um all revolving fund budgets. And revolving funds simply don't have budgets. I think all of you know that because you attend
the annual town meeting every year. And at the annual town meeting, the voters approve spending limits for the revolving funds. Um, but they don't approve budgets for the re revolving funds because revolving funds don't have budgets. They simply have spending limits. They are exactly that. They're revolving funds. Money that a particular
department or agency, board, commission, committee take in maybe as a consequence of filing fees uh can be expended up to the limited uh up to the spending limit that's assigned on an annual basis uh within the fiscal year by that board, commission, committee or department. And that's how revolving funds work. Uh
additionally, once the lawsuit was filed, we made every effort to supply Dr. for Roman Ramirez with all information, all financial information that could possibly be within the scope of the request that he made. We produced uh financial ledgers for all the revolving funds um the 15 revolving
funds that the town has. So I had a conversation with both Dr. Roman Dr. Roman Ramirez and Mr. Mayott before filing or before serving my motion to dismiss. Uh I explained my rationale to them. I then served my motion. I was contacted by Dr. Roman Ramirez a short
time after that. He indicated to me that he had a desire to uh withdraw the suit or dismiss the suit, drop the suit, I think might have been the term that he used. I explained to him that he had the authority to do that as a plaintiff if that was his desire. He was self-represented, so I was permitted to
speak with him directly as I had been. Uh and ultimately a short while later, uh he did sign as did I what's referred to as a stipulation of dismissal between him as plaintiff and between um me as council representing the town. uh that stipulation of dismissal uh dropped the
complaint or or or dismissed the complaint and and all counts within the complaint with prejudice waving all rights to appeal. And in fact, it specifically said within the stipulation that the plaintiff acknowledges that the documents sought by him via public records request did not exist as a
matter of law and that the town has thus complied with its obligations under the Massachusetts public records law. So, uh, for all intents and purposes, so far as I was concerned at the time, and as I continue to believe today, Dr. Roman Ramirez was satisfied that the purpose for which he had filed the complaint,
um, no longer existed, and he was satisfied to proceed without further litigating. Uh, unfortunately, um, Mr. Mayot, your town clerk, was not of the same mindset. Uh, he decided, uh, to continue to litigate the case. Um the board granted him the courtesy of an extension of his deadline to respond to
the motion to dismiss that I had served on him. Uh instead of responding to that motion to dismiss, uh he opted to file an amended u complaint in intervention. Uh he did that directly with the court which I I don't believe was proper procedure. Um that was followed up with me filing a motion to strike that
amended complaint because I don't believe Mr. Mayot complied with the proper procedure. I also did file with the court the motion to dismiss that I had served originally on Dr. Ron Ramirez as well as on Mr. Mayot for the court's consideration. Uh all of those filings
gave rise to uh an immediate package of documents going by various names, motions, oppositions, emergency motions, emergency oppositions, permissive oppositions uh filed by by Mr. Mayot, some 50 or so pages of motions that I received um within a matter of hours
after after uh making my filings with the court. So that's the status of litigation. the the court, the presiding judge, whomever it may be, the judges do rotate the circuit within the superior court, has those papers before him or her uh and is presumably going to rule on those papers. Um, and no action as of
earlier tonight, no action had occurred on any of the pending motions or or oppositions or such. Um, but that's not unusual. It can take the court some time to to act on these um on these sorts of filings. Um, so that's the status of the case. Um, I suppose I don't really have
much more to say about it unless board members have specific questions. Again, I know we've discussed some of the strategy as it relates to that case in closed or executive session as we have the right to do. Um, but um, as I mentioned earlier, the chair had explained to me that there uh is some
some um some some public uh inquiry or or questions or or comments um about, you know, what's what's going on with the lawsuit and and and how it came to be and what the town is doing to defend itself. And um that's about the the the briefest uh explanation that I can give
um of where we've where we where we were where we've come and and where we are where we are as of today. >> That's helpful especially when you get stuck in line at Dunkin Donuts or Starbucks or Handerford. It's just >> I think folks are curious >> the question that was posed to me actually at hands not that you mentioned
>> those three >> is the town paying town taxpayers paying at the plaintiff and the defender >> so it's it's um that's a difficult question to answer. I will say that um Mr. Mayot is representing himself. He's
a prosay litigant. Um it it's a bit odd to me um that um he attempted to and did intervene as a co-plaintiff or a plaintiff intervenor as the term is um because from my perspective upon the
filing of the complaint um while Mr. Mayot may may disagree uh that he's responsible or may deny responsibility for not complying with uh allegedly not complying with the public records request that Dr. Roman Ramirez had submitted. In my mind, Mr. May was effectively a defendant. He is the
records access officer for the town. The town was the name defendant. It was named as a defendant because of its action or perceived inaction in the context of the public records law. So for him to intervene as a co-plaintiff or a plaintiff intervenor, he's effectively on both sides of the V. As
we say, he's a plaintiff, but he's also sort of the defendant. So that's unusual. Um certainly the town is not paying to represent uh him. you know, he has he has filed suit in his capacity as the town clerk and records access officer. Again, that gives rise or gave rise to my argument that he has no
authority to do that without the board authorizing it. Um, but um the town is not paying an attorney to represent him in that capacity. He's representing himself. Um, the town is paying him as its town clerk. I can't speak for, you know, what he's doing with the hours of his day or when he's spending time
crafting motions or other filings, whether he's doing that during what are supposed to be his work hours. that's between him and and his constituents. Um what I can say is the town is certainly um funding the work that I'm doing to defend the town's interests. Um and um you know that that has required a
substantial amount of work from me since uh since late April because there have been a multitude of filings um in this in this lawsuit as I had alluded to before. Um >> not just time well I appreciate the financial aspect of that. It's the time of council and it's also the time of the
administration of this board also that has a lot of obligations that we should be providing which we're not able to do because all of this is going >> drowning under the weight of a lot of them. >> I I'm sure that that's true and I can say that >> thousands of dollars into this just for
this one legal. >> Are are you asking how many? >> Yes. Um, I had done a calculation uh in connection with the filing of one of my my motions, maybe the motion to strike. Um, and as of mid June, I want to say it was somewhere in the $6 to $7,000
figure. And that was just um as of um effectively the first week in May or or or April 29th or 30th. Um, I would say in the in the three or so weeks that have passed since um the the the June 15th date, which was the late date of our last invoice, um there's probably
been another um $2 to $3,000 spent just in the course of three weeks. Um >> so close to $10,000 just from from the town clerk's office suit because Ramirez that ended pretty quickly,
>> right? So those those are costs in connection with the lawsuit alto together. Certainly there's a portion of those costs. I wouldn't say it was >> pretty quickly because I I had to review the initial filings. I did draft my motion to dismiss before Dr. Roman Ramirez agreed to dismiss the case. And
so I would say a meaningful portion of those expenses were for the lawsuit as a whole involving both Dr. Roman Ramirez and Mr. Mayot as co-plaintiffs effectively. Um but of course since Dr. Roman Ramirez's dismissal which occurred
on uh June 4th, so just about uh a month a month ago, four and a half weeks ago. Uh since then, of course, any any cost that had been incurred by the town had been um in connection with Mr. Mayott's continued pursuit of the case.
>> Looks sad because we could have used the money for something else. >> Yeah, I just think um >> phone call might have been able to resolve. Yeah, I you I had a nice chat with our FinCom folks um last week about transfers or a week or two ago and legal
bills are always at the top of their sort of watchdog mentality and very appreciative of that and um these are things I think uh will be important to them in terms of you know being budget budget savvy along the way. So thank you for your time
>> and I will say you know we're doing the best we can to be efficient. um we bill at the same rate whether whether it's me doing the work as a partner in the firm and as your lead council or whether I'm giving the work to an associate um uh obviously you know from a from a
costbenefit analysis it it makes sense for us as a as a firm and ultimately as a business to assign what work we can to some of our associates um I've I've opted not to do that with respect to this case I've done virtually all of the work myself um that's been it's been for a couple of reasons is because I have firsthand familiarity with it and it
would take additional time for me to get a colleague up to speed. Um, and it's because I have a sense of the individuals involved and the matters involved and some of the history. Um, and so it it it's um been I think more efficient for me to do it, but I do know
in speaking with the chair that not just as a matter of dollars and cents in terms of what the town is spending, I gave you the the estimates on on legal services, but um I would say about and again I don't have the actual invoices in front of me, but just over the course of the past couple months, about
twothirds of the time that I've spent on towns and matters has been on this particular matter. Um, and what that effectively means is only a third of the time I'm devoting to towns in is on all of the other matters that typically are the legal needs of the town. And to that point, the chair has informed me that
there has been, and I don't want to speak for you, but that there has been an effort um at least on her part, I don't know that she can speak for the board as a whole, uh to maybe um limit the extent to which you might otherwise contact or use town council, recognizing that if you were to use me as much as you typically would on the routine
day-to-day things and in addition incur these addition these additional costs for litigation, um that that you'd really be in an even greater budget crisis. So, it's it's a difficult situation. We have a kind of running ongoing list of stuff that we'll slowly
bring forward as possible. >> Sure. >> There's but there's a lot of important stuff that we've told, you know, we told people you need to wait. >> Yeah. And I want to be clear, we have the capacity, right? We have we have a sizable firm. We have the capacity. >> Right. Right. >> We're trying to optimize things for
addition. >> We in some regards we're we're kind of lucky. We just, you know, happy fiscal new year. So we do we at least now are but we don't want to get you know the c before the horse in July >> by spending down extraordinary amounts
of money. So we're trying to be cognizant of that. >> Well it's exciting to know you have a union agreement ratified for a year with hardworking employees but then this time next year you know we might be using it as an argument that we can't give them a greater cost of living increase or
anything like that. So that's what I think of. I think of the folks that work hard for the taxpayers. So, >> sorry, Sarah, we I know you I don't know if you have anything else to share. >> No, I'm good right now. >> Thank you. >> Any other questions or comments?
>> Folks are always welcome to reach out to me for anyone who's listening at home too. Happy to um >> be the guy who's stuck in the Hannford line or Starbucks or Dun. >> Well, I don't think the board can comment on a lot of the matters. I massc.org can look up sexior court. It's all
public record. Everything's up there and some of the filings that we've made on our behalf, we can link off the legal costs and everything in the future. So, it's all on the select board website as necessary as would be helpful to the public so that they're informed of what's going on.
Um, any other anything else with regard to this one? 7.7 review and sign payroll and bills payable warrants out of session. Um I Sarah Logan move to review and sign payroll and bills payable warrants out
of session. Laura Shiff second. Roll call vote. >> Laura Shiff I. >> Sarah Logan I thought good I number eight set date of next meetings. Um so because of the way that this board has
been pretty hamstringed as well as administration and council on the inundation of legal matters of late. Um, we're going to be suspending meetings indefinitely. So, we'll get back to you. We'll take things up as emergent or required.
Enough that if the board so agrees, I'll take a motion. So moved >> lower shift and second bad but I think it's what we need to do right now to let our administration get caught up on a lot of stuff that's been put
on the back burner and we need to take a pause so that we can all take care of the necessary matters and that are important for running the town. And I'm sorry to all the boards and committees out there who are going to have to wait on our actions but we have to take care of a lot of stuff right now. So >> again I'm always available for questions
and things like that. town administrators full-time. >> Yeah. >> And as of Friday, >> Yeah. Friday. Good luck. >> No term time administrator. So, >> but you know, I think it's uh >> and I'm sorry to start your term with
this, but I feel like it will give you a chance to catch up to and hopefully get in front of stuff and by not having more things coming in from us because of all these matters every single second of the day. Well, I just think it's um you guys have a lot going on and this is again about um addressing the matters at hand
that really serve all what 92 9300 or so residents in town and making sure we resolve them and then you know refocus the ship in terms of getting it in the right direction >> 100%. And I think we're take a roll call vote but I think we all kind of agree that this is a necessary matter
unfortunate as it is for the moment. >> Roll call vote. >> Sarah Logan. Yes. >> I think you needed to vote. I'm >> You can vote twice though. >> Always motion. I don't remember either. >> We did.
>> I move to adjourn at 7:38 p.m. >> Second. Sarah Logan second. All >> those in favor? Laura? Yes. Sarah Logan? Yes. Yes. Thanks everybody. >> Thank you Chen. Thank you. Have a great night.