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TOWN OF SPRINGFIELDSELECTMEN’S HALL – 96 MAIN STREET – THIRD FLOORSPRINGFIELD, VT 05156PUBLIC HEARINGRESOLUTION TO TERMINATE THE TOWN MANAGERNOVEMBER 30, 2020 @ 7:00 PMZOOM CONFERENCEMINUTESNotice is hereby given that in accordance with Vermont State Statutes, 24 App. V.S.A. ch. 149, § 31, the Town Manager, the Springfield Selectboard will hold a Public Hearing to consider the Resolution to Terminate the Town Manager and to provide opportunity for Steve Neratko to appear and present evidence as to why such Resolution should not be approved. The Public Hearing was held on Monday, November 30, 2020 at 7:00 PM via ZOOM only. CALL TO ORDER & ROLL CALL: Chair, Walter Martone, stated due to the State of Emergency declared by Governor Scott as a result of the COVID-19 pandemic and pursuant to Addendum 6 to Executive Order 01-20 and Act 92, this public body is authorized to meet electronically. Chair Martone also noted that the SAPA TV recording of tonight’s meeting would be the “Recording of Record”.Chair, Walter Martone, called the meeting to order at 7:00 PM. Roll Call was taken. Selectboard Members: Vice-Chair, Michael Martin, Kristi Morris, George McNaughton, John Bond and Chair, Walter Martone.Administration: Town Manager, Steve Neratko, Town Clerk, Barbara Courchesne, Police Chief, Mark Fountain, Parks & Recreation Director, Andrew Bladyka and Town Attorney, Steve Ankuda.School Board Liaison: Steve KaraffaGuests: Mr. Neratko’s Council, Amiee Goddard, Lovejoy Tool Company Business Owner, Todd Priestley and Administrative Assistant to the Town Manager, Brian Beniot.ADMINISTER OATH: Chair, Walter Martone, led Steve Neratko in the oath: “I hereby swear that the evidence I give in the cause now under consideration shall be the whole truth and nothing but the truth under the pains and penalties of perjury”.Steve Neratko: Mr. Neratko was provided an opportunity to appear and present evidence as to why such Resolution should not be approved. Mr. Neratko commented that he was not a resident of Springfield, but had made every effort to become a resident of Springfield and find a place to live in Springfield. I spoke with Walter Martone about trying to find a place to purchase or rent a house. We looked at over fifty houses, made an offer for a few and deposited money on two houses only to have our hopes dashed once the inspections were completed. My Wife and I were really hoping to find a house. I really thought this was going to be the job for the foreseeable future; until I retired. We were really looking for our long-term place. It has been extremely difficult to try to purchase or rent a place during the pandemic. It has really been difficult to foresee this problem. I accepted the position in January and we did not realize these issues were going to occur. We weren’t allowed to look at houses for almost two months during this time period.Due to my Wife’s medical conditions we had to be extremely careful. The COVID-19 virus has increased in the last few months, with that being said, we can’t risk that she might get an infection.__________________________________________________________________________________________________Public Hearing: Resolution to Terminate Town Manager Minutes Are Approved Page 1.November 30, 2020The Selectboard and I have had on going conversations about housing. I had already done research and knew finding housing, purchasing or renting, was really going to be difficult. This was going to be a house I would have the rest of my life. I mentioned repeatedly to the previous Selectboard Chair, Kristi Morris, throughout the negotiations. I mentioned that finding a house to purchase or rent was going to be difficult. I mentioned it numerous times to the current Selectboard Chair, Walter Martone and Vice-Chair, Michael Martin, during our weekly meetings.I thought that during July we had a house locked up again. Due to things beyond my control, we found out during the inspection process that we could not purchase the house. I made it very clear to Walter Martone and Mike Martin during September that we were not going to be able to purchase the house. I inquired if anyone had any ideas, to please bring them to me. I could never imagine it would be so difficult to find housing during a pandemic.It was mentioned to me during the April and May meetings that possibly the Town Charter would change regarding the location of where the Town Manager could live. I was invited to the Charter Review meetings where the topic was discussed in detail and the Town Charter proposed amendments actually went through at the November election. As I understand things are difficult, they have been extremely difficult for me as well. During these weekly meetings, the last one was October 23rd, it was never mentioned to me that I needed to move within a certain timeframe. We discussed housing in an honest and open manner. I was never given a warning that I needed to move immediately. I asked for help during this process repeatedly and was given very little. I’ve moved a couple of times and always had been given help by the employer. I’ve been given very little help by the employer - I just want you to know that I tried. I don’t understand why this is an issue all of a sudden in the middle of a pandemic and the Town Charter is being changed for this very reason. I just really don’t understand.Chair Martone asked Council, Amiee Goddard if she had any questions and would like to be sworn in. Council Goddard had questions for Chair, Walter Martone. Chair Martone turned the Chair over to Vice-Chair, Michael Martin.ADMINISTER OATH: Vice-Chair, Michael Martin led Chair, Walter Martone, in the oath: “I hereby swear that the evidence I give in the cause now under consideration shall be the whole truth and nothing but the truth under the pains and penalties of perjury”.Council Goddard asked Chair Martone the following questions:AG:How long have you been Chair?WM:Less than a year; elected at the beginning of March.AG:Does that encompass all of Mr. Neratko’s time as Town Manager?WM:Yes, it does.AG:At the beginning of the meeting you noted the Town is authorized to meet virtually. Did you not?WM:Yes, I did.AG:Did you meet virtually before the pandemic?WM:No, we did not.AG: Are there requirements that would prevent you from meeting?WM:I don’t know.AG:You don’t know? If there were, is there a reason you couldn’t meet virtually before the pandemic?WM:I thought this was supposed to be testimony regarding the draft resolution. Ask the question again.AG:Were there regulations in respect with the authority of the Selectboard that would require you to meet virtually?WM:Prior to the pandemic?AG:That is correct.WM:Yes.AG:Were those regulations changed to allow you to meet in the way you are now?__________________________________________________________________________________________________Public Hearing: Resolution to Terminate Town Manager Minutes Are Approved Page 2.November 30, 2020George McNaughton (GM) stated that he was going to Object. He commented that unless there is some showing of relevancy here.AG:The relevancy here is that, I believe, Mr. Martone and the Town Council have represented the Selectboard as shown here that the Town has no authority here to make an exception here for Mr. Neratko. So, the questions pointed to what authority the Selectboard does in fact have to change regulations due to the pandemic and it is in fact relevant.GM:If this is relevant to changing the Town Charter, we would like to have some authority for that.AG:Are you asking me to provide you with authority?GM:If you are going to proceed with this evidence, the questions have to be designed to provide relevant evidence.AG:So, I just proffered which way my line of questioning will led to relevant evidence.Vice-Chair, Michael Martin (MM) suggested Ms. Goddard proceed with her questioning.AG:Thank you Sir. Mr. Martone since we essentially discussed where we are going with this questioning, did the Selectboard have authority to change this policy?WM:This was not a policy; this was a State Law. The State Legislature authorized Selectboards to meet electronically.AG:I see.WM:This was a change in State Law; not local policy.AG:I see. Has there been a change with respect to the Town Charter since the Selectboard sent Mr. Neratko the draft resolution of termination?WM:No.AG:No? So, the voters in the Town of Springfield did not vote to change the Town Charter?WM:Yes, they did that.AG:They did. Is it a change or not a change?WM:It is not a change until the State Legislature approves it.AG:But it is change from what it was before?WM:Yes, it is a change approved by the Voters.AG:When will the State Legislature have an opportunity meet and approve it?WM:I don’t control when the State Legislature meets.AG:You have no idea when this change will be approved? No knowledge of when that might happen?WM:No. Some Charters might sit there for months. Last session I think there was a Charter amendment that sat in Legislature for over a year.AG:To your knowledge, what was the date that Mr. Neratko was required to move to Town or face this termination?WM:October 1st.AG:Did you discuss with Mr. Neratko this decision to terminate his employment on or before October 1st?WM:It was in his employment contract.AG:Did you discuss with Mr. Neratko his failure to move to Springfield by October 1st?WM:No.AG:October 2nd?WM:No.AG:October 3rd? Did you discuss it with him any time prior to sending the draft resolution?WM:No.__________________________________________________________________________________________________Public Hearing: Resolution to Terminate Town Manager Minutes Are Approved Page 3.November 30, 2020AG:When did you send the draft resolution?WM:I don’t recall.AG:You don’t recall?WM:No, not off the top of my head.AG:Was it October 4th?WM:I don’t know the date.AG:Was it any date in October?WM:I don’t know the date.AG:Are you aware of what the Town Charter says about the process of terminating the Town Manager?WM:Yes, I do.AG:So, how many days after receiving notice are, we required to be required having this Public Hearing?WM:You are supposed to request a hearing within five (5) days.AG:Five (5) days of what?WM:Five (5) days of notice served on him personally.AG:So, today is November 30th. So, is it safe to say that you did provide Mr. Neratko with the draft resolution sometime in November?WM:Likely.AG:Likely? So why was it that you did not speak with Mr. Neratko about this prior to sending the draft resolution of termination?WM:No comment.AG:No comment? Does that mean you don’t want to answer my question or?WM:I mean I have nothing to say about it.AG:Is that because you don’t know why you waited for a month?WM:Because the Selectboard had not taken action on the resolution until that point.AG:Why had the Selectboard not taken action, knowing it was in his contract and his six (6) month evaluation had gone by?WM:Are you asking why I did not call a Special Selectboard meeting at his six (6) month anniversary to take action on this?AG:I am asking why a month lapsed when his contract obligated him to move to Springfield. Why wasn’t Mr. Neratko notified that you had decided to give him the draft resolution?WM:I don’t know why.AG:You don’t know why?WM:I don’t know why.AG:Was it a topic of conversation with other members of the Selectboard?WM:It was a concern raised with Mr. Neratko and with others about why he had not complied.AG:When did you raise that concern?WM:Virtually every week that I met with him. I inquired about the status of his relocation to Springfield. I constantly brought the topic up.AG:Did you express to him this was provision in his contract and could result in his termination?WM:I didn’t have to; this was right in his contract. He was fully aware of it.__________________________________________________________________________________________________Public Hearing: Resolution to Terminate Town Manager Minutes Are Approved Page 4.November 30, 2020AG:You did not need to?WM:No, he was fully aware of it. This was in the employment contract that he signed.AG:Do you agree with Mr. Neratko’s testimony that he was unable to look at houses for several months because of the pandemic?WM:No, I do not agree.AG:You don’t agree?WM:Only because I know from speaking to Real Estate Agents that houses were very popular in Springfield at that time and continue to be.AG:That was not my question. Was he physically prevented by an order of the Governor for several months from looking at houses?WM:Not that I am aware of.AG:Okay. I do not have any further questions.Vice-Chair Martin turned the Chair back over to Chair Martone. Chair Martone inquired if Attorney Ankuda was ready to proceed. There was no answer from Attorney Ankuda.However, Council, Amiee Goddard, spoke up so it would be on record. Council Goddard noted she had spoken with Town Attorney Ankuda earlier in the afternoon today; about a possible conflict of interest regarding this case.Town Attorney Ankuda confirmed he did speak with Council Goddard and he certainly would recuse himself from having any conversations in regards to purchases, sales, rent or anything to do with real estate. He stated that he would not address those interests in anyway. I do have an interest of the residency provision of our Town Charter and upholding the current Town Charter. The witnesses that I would like to call would be limited to commenting on the Town Charter provision regarding residency of the Town Manager. Town Attorney, Steve Ankuda, commented that he was going to call upon a few people.ADMINISTER OATH: Chair, Walter Martone, led Public Works Director, Jeff Strong, Police Chief, Mark Fountain, Parks & Recreation Director, Andrew Bladyka, Lovejoy Tool Company President, Todd Priestley and Town Administrative Assistant, Brian Benoit, in the oath: “I hereby swear that the evidence I give in the cause under consideration shall be the whole truth and nothing but the truth under the pains and penalties of perjury”.Town Attorney, Steve Ankuda, asked for Public Works Director, Jeff Strong. PW Director Strong did not answer. The next two (2) witness asked for were Police Chief, Mark Fountain, and Parks & Recreation Director, Andrew Bladyka, the same questions.To state their name.How long have you worked at your current position?If they viewed their positions with the Town of Springfield as 24 Hours, 7 days a week.Did you ever had the need to contact a Town Manager at his home?If so, provide the reason why?Council Goddard objected to Attorney Ankuda’s line of questioning; it was entirely speculative. Chair Martone stated that we were not in a court of law. He was going to let Attorney Ankuda continue.Police Chief Fountain and Parks & Recreation Director Bladyka responded to each of the above questions and felt their positions were 24 hour, 7 days a week whenever necessary. Police Chief Fountain provided reasons why, if necessary, he would have to contact the Town Manager at home. His reasons were if there was a stabbing, shooting or abduction within the Town. P&R Director Bladyka indicated that in the past he had call two different Town Managers after regular business hours. One time there was water damage at the Community Center on a Sunday and the second time a child was hit in the face with a baseball bat.Council, Amiee Goddard also asked questions to Police Chief, Mark Fountain and P&R Director, Andy Bladyka._________________________________________________________________________________________________Public Hearing: Resolution to Terminate Town Manager Minutes Are Approved Page 5.November 30, 2020AG:How many years have you been employed by the Town of Springfield?MF(Chief Mark Fountain) Since August 4, 2019.AG:How long have you been in your current roll?MF:I have been employed for 32 years.AG:How many times have you had the need to good to the Town Manager’s house?MF:I have never needed to go to the Town Manager’s house.Town Attorney Ankuda had more questions for Police Chief, Mark Fountain.AA:(Attorney Ankuda) Have you had difficulties contacting the Town Manager by phone or email?MF:Yes.AA:Would you have gone to the Town managers house if it was nearby for the previous reasons that you stated.MF: If I felt it was important enough for him to know.AA:How long have you been employed by the Town of Springfield?AB:Over 20 years.AG:Did you have anything to do with the hiring process of the Town Manager?AB:No.AG:Did you vote for the Town Manager to have to live in Town?AB:I don’t have to answer that; I am a resident of the Town and my voting is private.Town Attorney, Steve Ankuda, asked Lovejoy Tool Company President, Todd Priestley, the following questions.AA:(Attorney Ankuda): Mr. Priestley would you please state where you reside and what you do?TP:I reside in Springfield and I am the President of the Lovejoy Tool Company.AA:Historically speaking would you say the Lovejoy Tool Company is one of the major employees in the Town of Springfield?TP:Yes, historically speaking. Lovejoy Tool Company has been located on Main Street since 1916.AA:Would having the Town Manager residing in Town make you job easier to keep your business profitable and run easier?TP:Absolutely, I have had open dialogue with the previous Town Managers. There has been a failure to have any communication with Mr. Neratko within the last six (6) months. The lack of communication probably would have been handled better if he had been a resident.AA:Had he been a resident would you have gone to his house?TP:Probably, Yes. The only reason the issue has been resolved was that I spoke with Brian Benoit, who is a resident.Mr. Benoit walks to work every day. I stopped Mr. Benoit on his way to work and asked him for his assistance with the unanswered phone calls.AG:Spoke with Brian Who?TP:Brian Benoit.AG:You spoke with him regarding an issue you were having with the Town?TP:Yes, it was about a Parking Lease Agreement with the Town.AG:What is Mr. Benoit’s role at the Town?TP:I believe he is the Assistant to the Town Manager, but Mr. Benoit or Mr. Neratko could speak better to that.__________________________________________________________________________________________________Public Hearing: Resolution to Terminate Town Manager Minutes Are Approved Page 6.November 30, 2020AG:You went to his house to have your matter resolved?TP:No. After a number of phone calls that had not been returned; I saw Mr. Benoit on the sidewalk walking to work. I had a conversation with Mr. Benoit and he helped to resolved the situation.AG:You didn’t go to his house?TP:No, I did not.Attorney Ankuda called upon Brian Benoit.AA:Where to you do you live and what is your role for the Town of Springfield?BB:I reside on Grove Street. I have been an Administrative Assistant to the Town Manager since June 2017.AA:Do you have an opinion that the Town Manager should live in Springfield? Would it make your job easier to accomplish or easier to do?BB:Yes, I do. I have experienced a number of times when I have tried to communicate with the Town Manager by email, which in general works the best. On some occasions I have tried to reach him via his cell phone, but was not successful. In principle, I think when a chief executive of an organization that requires citizens to live with a certain level of services and tax rates, they should be subject to the same as the citizens. It is certainly easier when I am fielding phone calls when I can reach the Town Manger for many reasons. Such as Water/Wastewater bills that need a resolution. There are many practical things.AA:Have you experienced any situations when the Town Manager has not responded to emails?AG:Objected to the line of questions.AA:Restated his question. Mr. Benoit do you have circumstances where you need to contact the Town Manager and you have found that by using the phone and emails was not getting you a timely response?BB:Yes. There have been grants that need a timely response and the Town Manager is the only one able to provide that. Another incident was racist graffiti on the foundation of the Cheshire Bridge brought to us by a citizen. I was not able to reach Mr. Neratko in any timely way. Chief Fountain stepped in and took care of the situation.AG:Mr. Benoit do you understand the reason for Mr. Neratko’s termination is due to his non-responsive act of his duties or he does not live in Springfield?BB:I believe the reason for his termination is as the resolution states that he did not abide by the six (6) month requirement.AG:So how is your testimony with respect to whether or not he responded to emails relevant in this matter?BB:It is possible that a person who lives some distance relies on communication that is not always reliable; might not be able to and did not have so many variables.AG:Mr. Benoit did you work with the previous Town Manager?BB:Yes. I did.AG:Did the previous Town Manager live in the Town of Springfield?BB:Yes.AG:How many times did you go to the Town Manager’s house to contact him?BB:I don’t believe I ever did.Council Goddard directed questions to Steve Neratko again.AG:Mr. Neratko do you have a cell phone that you use specifically for work?SN:Yes. I have a cell phone that I use specifically work.AG:Is that cell phone different from your personal cell phone?SN:Yes. It is.__________________________________________________________________________________________________Public Hearing: Resolution to Terminate Town Manager Minutes Are Approved Page 7.November 30, 2020AG:Do you receive phone calls only in respect to work only?SN:Yes, in respect only.AG:Did you receive a phone call from Mr. Priestley on your phone regarding a work-related issue?SN:Only the day Mr. Priestley is specifically talking about. I return all the messages that I receiveAG:You heard Mr. Benoit’s testimony about trying to contact you. Do you recall any messages that you did not return?SN:No. If I do receive a phone call, I return it immediately. I have the cell phone on me 24 hours a day. It is readily available. I have had many after hours phone calls with the Town Department Heads and the Selectboard Members. I check my email regularly, early mornings and late evenings. I respond as fast as I can.AG:Mr. Neratko what is your opinion about whether or not the Town Manager should live in Town?SN:I definitely think the Town Manager should live in Springfield. I have always lived in the communities that I have worked for. I have never lived outside of those communities. I have only done so this time, due to the fact that there is a pandemic currently going on, an extreme issue finding housing and real estate has skyrocketed out of my price range. I whole heartedly believe the Town Manager should live in Springfield.Todd Priestley commented that he had left messages for Mr. Neratko with Brian and Donna, who are on this zoom meeting, many times. Council Goddard asked if he had left a message on Mr. Neratko’s cell phone? Mr. Priestley replied, no.AA:Mr. Benoit do you normally give out the Town Manager’s cell phone number.BB:No. I don’t make a practice of giving out the Town Manager’s cell phone number.John Bond commented that he found it hard to believe Mr. Neratko could not search for a home for two (2) months due to the COVID-19 pandemic. The real estate market in Springfield is very robust. Homes were being sold on-line; some people even purchased homes without even stepping inside of them.Chair Martone asked if anyone had any more questions? There were not any more questions.The Public Hearing closed at 7:56 PM.__________________________________________________________________________________________________Public Hearing: Resolution to Terminate Town Manager Minutes Are Approved Page 8.November 30, 2020 ................
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