By Beth David, Editor
At its meeting on 2/21/23, the Fairhaven Select Board discussed what to include in it annual report and how specific they wanted to get in explaining the distribution of ARPA funds (American Rescue Plan Act).
SB Chairperson Stasia Powers expressed some concern that listing all the projects might end up not being accurate, if some of them do not get approved.
Town Administrator Angie Lopes Ellison said the list is what the board voted on and is part of the public record.
Board member Bob Espindola said spending ARPA funds was a “significant policy decision,” and he felt they should be specific. He said they could simply add that the vote was pending by the county and state entities that have final approval on the funds.
Mr. Espindola asked if there was a chance something would not get approved, and Ms. Ellison said there was some question with the county questioning some purchases.
She said it was a matter of getting the right documents, some that the town does not have, so they have to rework some of the proposals.
SB Vice Chair Leon Correy also said that they should keep in the specifics. He said they were not being dishonest or evasive, the list is what they voted on. If the county rejects one, then that is a different mater.
Ms. Powers said she was not saying it was “untruthful,” but she wanted to be accurate.
The board decided to leave in the individual projects.
Mr. Espindola also asked what happened to a long list of accomplishments that was in the original draft. He said it might make the report long, but he fled “there’s value” in listing the accomplishments.
Ms. Ellison and Assistant to the TA Amy Hart explained the process they used, including that they looked at previous annual reports.
“I agree with Mr. Espindola here,” said Mr. Correy, adding that not everybody in town follows the meetings. He said the report is an opportunity for a lot of people to know what they do.
Ms. Ellison asked for each board member to send one thing they wanted to highlight.
Ms. Powers said it looked like all the other reports were written by the chairpersons.
“I write this stuff all the time,” she said, and offered to write the report.
The board also briefly discussed the protocol for information dissemination that had been discussed at previous meetings. Some board members wanted materials from individual board members given to them before the meeting so they had time to look at it.
The discussion was in response to materials Mr. Espindola used at a couple of meetings. He said he believed it would be a violation of the Open Meeting Law because the materials included his opinion. He said he would not do it without something in writing from the state saying it was okay.
The Attorney General’s office responded in writing to Mr. Espindola and affirmed his contention that sharing documents that included his opinion is considered deliberation and is not allowed.
“Documents that are circulated for the stated purpose of being discussed in a future meeting may not be used to telegraph one member’s opinion to the other members ahead of an open meeting,” reads the correspondence from (OML 2014-148). “Finally, a public body may not use a non-member, such as a staff members, to facilitate communication on matters that the public body should otherwise save for discussion in an open meeting.”
The board took no action on the item.
In another matter, Ms. Ellison noted that the town’s Social Day program is back up and running. The SB packet that is available on the town’s website includes the February edition of Senior Scope, which highlighted the reopening of the program.
In other business, the board
• Accepted the resignation of Jenna Benoit from the Commission on Disability. The town will post the position for three weeks; residents are encouraged to consider serving on the commission. Applications are on the town’s website, https://www.fairhaven-ma.gov, or call the clerk’s office, 508-979-4023, Ext. 3.
• Appointed Richard Cancio to the Belonging Committee. He has worked in Diversity, Equity, Inclusion and Belonging for nearly 10 years. On his application he wrote: “I work in DEIB and as a queer, Latino resident of Fairhaven, I would like to bring my expertise to the group to help build a better and more inclusive town for all!”
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