09/01/2022 COMMUNITY PRESERVATION ACT COMMITTEE Minutes

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3 Community Preservation Committee Minutes September 1, 2022 Reminder/Discussion Open Meeting ,,A W slec fcally "serial" communication not permissible: Vice-Chair Dawn Thayer made comment regarding the unexpected resignation of the former Chair on July 25,2022. In normal process, the CPC planned to reorganize its officers. And, it is generally a common practice to ask the Vice-Chair if there is any interest in leadership. There was an absent of discussions regarding the typical reorganization process. Mrs. Thayer indicated she became aware there had been alleged discussions amongst committee members regarding the chairmanship nomination and of the acquisition of the 751 Main Street property to be discussed that was disturbing and disrespectful to her as Vice-Chair,but more importantly that could be considered a violation of the Open Meeting Law. This prompted Mrs. Thayer to place on the agenda the Reminder/Discussion of the Open Meeting Law, specifically "serial"communication that is not permissible. Serial communication occurs when a quorum communicates in a non-contemporaneous manner outside of a meeting on a subject with the public body's jurisdiction. The Open Meeting Law requires that all deliberation occur only during a properly posted meeting. Mrs. Thayer indicated she was approached by the Town Manager to hold a meeting due to outside pressure and took offense to third party involvement. Even if you don't speak to a group of people in one room,just speaking to members individually is not permissible conveyed Mrs. Thayer in concern. Mrs. Thayer also received phone calls from others requesting a meeting. In response CPC member and Planning Board Chair Mary Waygan indicated she made comment at a recent Select Board meeting as a result of the timeliness of the 751 Main Street application. The land acquisition project derived from the Planning Board. The CPC meeting was prompted by a presentation made by the Director of Natural Resources regarding the state of the ponds and what could be done to improve and protect the waters. Due to the mandates of the Open Meeting Law Ms. Waygan stated she was uncomfortable reaching out to the Vice-Chair at her workplace. This prompted the memo to the Town Manager. Mrs. Thayer made note that her personal email is listed on the board/committee roster. It was noted there were other items for the agenda listed in the memo (8/22/22)to the Town Manager with emphasis on the land acquisition proposal. Mr. Larkin indicated that appointments can only be made by a vote of the Community Preservation Committee. The protocol is simple and straight forward to take matters to the CPC and not the Chief Executive Officer. The Community Preservation Committee is charged with making recommendations to the legislative body,Town Meeting. As a reminder Ms. Barbee indicated Town employees are trained periodically on the Open Meeting Law and Conflict of Interest Law.