Town of Warwick Selectboard October 14, 2014 Minutes Members present: Nick Arguimbau, Dawn Magi, Patricia Lemon (via Remote Participation, joined meeting at 6:02 p.m. and left at 6:10 p.m.) Others present: Town Coordinator David Young, Town Secretary Rosa Fratangelo Bill Lyman, Highway worker Brian Miner, Building Inspector Phil Delorey, Roland Jean, Jr., Buildings and Energy Committee members Janice Kurkoski and Steve Kurkoski, Police Chief David Shoemaker, David Pasch (Verizon), Planning Board Chair Ted Cady, Tom Wyatt, Jack Cadwell, Jon Calcari I. Call to Order Chair Arguimbau called the meeting to order at 6:00 pm in Town Hall. Bill Lyman recorded the meeting. II. Public Comment Bill Lyman said that he apologized for the confusion surrounding the fact that he was recording the September 22, 2014 Special Town Meeting. He showed photographs of both himself and his grandfather during their respective stints in the Army, as well as a current photograph of Meghan Persico aboard a Navy ship. He then said that when he joined the Army he took an oath to defend the Constitution from enemies foreign and domestic, and was filing a written complaint against the Moderator for violating the Open Meeting Law by saying "Bill, no" and therefore trying to stop him from leading the Pledge of Allegiance before the STM was called to order. Magi pointed out that the Moderator is an elected official and as such the Selectboard has no authority to accept the complaint. Young said that the procedure is to initially file with the entity that committed the alleged violation, and if not satisfied with the outcome to file with the Attorney General's office. He handed out copies of a memorandum dated today and sent by the Moderator Miryam Williamson to the Selectboard and Town Coordinator, the text of which appears at the conclusion of these minutes. Young also suggested that this issue be put on the agenda of a future Board meeting. Lyman said that people do not like to be told "no" when wanting to say the Pledge of Allegiance, and that he will file a complaint with the Moderator. III. Minutes Magi MOVED to accept the minutes of September 15, 2014 as printed. Arguimbau SECONDED. Motion CARRIED 2-0-0. Lemon had temporarily left the meeting via remote participation due to the call being dropped, and therefore did not participate in the vote. She rejoined the meeting via remote participation at 6:08 p.m. IV. Presentations and Discussions Planning Board Chair and FETC Testimony--Planning Board Chair Ted Cady said that he hoped the Kinder Morgan letter could be delayed pending the arrival of maps that show the proposed path of the pipeline as it goes over various types of land. Cady said that the maps will be coming from the regional planning agency. Magi concurred that it was wise to wait. Lemon said that she had so much trouble hearing everyone and being heard by them that she would leave the meeting at this point and left the meeting for good at 6:10 p.m. Cady said that he wanted to notify other Boards who may have interest and valuable input for a joint meeting concerning the FERC (Federal Energy Regulation Commission) testimony; the Board concurred. Cady will set up a joint meeting once the maps have been received. 2. Green Communities--Janice Kurkoski said that a document that demonstrates the Selectboard's approval of the Buildings and Energy Committee's Energy Reduction Plan needed to be signed in order to satisfy Criteria #3 of the Green Communities application. The plan projects a 20% reduction in energy and fuel usage over the next five (5) years. The Board members had copies of the Energy Reduction Plan. Young said that all Town vehicles are exempt, but that we will purchase efficient vehicles as replacements as they become available, and that the Town can accept as gifts only those vehicles which are compliant. Young said that bicycle racks will be installed at each municipal building to meet the application requirement of an alternative compliance policy; J. Kurkoski concurred. Magi MOVED to adopt the policies for vehicle replacement and the Energy Use Reduction Plan. Arguimbau SECONDED. Motion CARRIED 2-0-0. Magi MOVED to authorize the Warwick Green Communities application. Arguimbau SECONDED. Motion CARRIED 2-0-0. Arguimbau signed the necessary documents. 3. Highway Department--Young said that due to a scheduling conflict, Highway Superintendent Larry Delaney was unable to attend tonight's meeting but would be on the next agenda. Young had grant reimbursement documents that required the signatures of two Selectboard members. The reimbursements were in the amounts of $221,880.00, $2,940.00, and $34,147.00. The $221,880, for Cold in Place Recycling on Winchester Road, and the $2,940.00 for Police road details, were from the Mass Works Grant from the Executive Office of Housing and Economic Development; the $34,147.00 was under the Winter Roads Rapid Recovery Program from Mass DOT. The latter met the requirements of the funds being spent by September 30, 2014 and request for reimbursement being filed by October 30, 2014. Young said that Highway worker Brian Miner works enough hours to be eligible under Federal law for benefits including holiday, clothing allowance and vacation. The position will remain as needed in the winter snow and ice season. 4. Building Department Appointment--Building Inspector Phil Delorey introduced Roland Jean, Jr. and asked that he be appointed Local Building Inspector, which is the correct term for an assistant and alternate. Delorey said that we are required by law to have an alternate, and said that Jean would be familiar with the Town's needs and available when needed. He pointed out that Jean is appointed in New Salem and Wendell, and is certified and fully qualified to be appointed here as well. Delorey noted that because Wendell and New Salem are also green communities, both he and Jean are becoming familiar with the stretch code. At Arguimbau's request, Jean gave a brief overview of his professional background and qualifications. Young noted that a rarely used expense line item could be allocated to provide Jean with a stipend for the remainder of this fiscal year. Delorey said that he expected that the financial issues would be worked out going forward. Magi MOVED to appoint Roland Jean, Jr. as Local Building Inspector. Arguimbau SECONDED. Motion CARRIED 2-0-0. Delorey said that the Town is currently without a Plumbing Inspector and attempted to give the Board a resume for Casey Bashaw, the current plumbing inspector in Orange. Arguimbau wanted to wait until Bashaw could be interviewed by the Board. Young urged an interim appointment until Bashaw could appear before the Selectboard. Magi MOVED the interim appointment of Casey Bashaw for two weeks effective today. Arguimbau SECONDED. Motion CARRIED 2-0-0. Continuation of Gale Road and Orange Town Line Pole Hearing--Young explained that this was the continuation of a hearing originally scheduled for September 29th, but had to be continued because the Selectboard meeting for that day had to be cancelled. He noted that the abutter had been contacted and had no issues with the petition. David Pasch spoke as a representative for Verizon. The petition before the Board was for the installation of one new pole at the intersection of Gale Road, Hastings Heights Road and Main Street in Orange, which would be placed at the edge of the Town line and technically in Warwick. Police Chief David Shoemaker said that he had issues with Verizon and other utility companies because they arrive in Town without contacting the Police Department for a traffic detail or providing a flagman. Shoemaker asked that going forward a stipulation for the granting of any pole petition include the understanding that to be consistent with public safety, the PD must be contacted to hire a Police traffic detail officer or to let them know that the company will supply its own flag person whose sole duty is to direct traffic. Young said that the Police Chief can make the decision if a police officer or flagman is needed. Magi MOVED to approve the placement of a pole subject to the provision that the Police Department be contacted prior to the placing of the pole to determine the need for the presence of a police officer at the Police Department's discretion. Arguimbau SECONDED. Motion CARRIED 2-0-0. Arguimbau and Magi signed the Verizon petition documents. 6. Execution and Authorization of Contracts and Warrants--Young explained that there were two grant contracts that required the signature of the Selectboard Chair: Emergency Management Procedures Grant (EMPG) in the amount of $8,500.00 to be used for radio communications gear; MEMA VT Yankee public safety grant in the amount of $3,955.00. There was also a pellet bag recycling contract that needed a voted authorization. Magi MOVED to authorize Nick Arguimbau, as Chair, to sign the EMPG, MEMA VT Yankee and Pellet Bag Recycling documents. Arguimbau SECONDED. Motion CARRIED 2-0-0. Young explained that the lease on the current copier was ending and that a new Canon copier is within the budget and would cost about $100.00 per month on a state bid. He said that we could either keep the current copier and either purchase a maintenance contract or be responsible for any repair costs. He also noted that for the same money we could get a better copier. Magi MOVED to authorize the Town Coordinator to enter into a new copier contract provided that it is within the voted budget. Arguimbau SECONDED. Motion CARRIED 2-0-0. Young said that there was a Vitals Information Partnership Electronic Death Registration Board of Health Burial Agent Designation Form that the Selectboard needed to complete. He said that the State needed this form, and because the Burial Agent is a Selectboard appointment, the form should be filled out as such. David Shoemaker is the current Burial Agent. Young noted that the Board of Health retains the Burial Agent designation for burials within Town that are outside of the Warwick Cemetery. The VIP form referred only to the Burial Agent position that in this Town is filled by Selectboard appointment. Magi MOVED to authorize Nick Arguimbau as Chair to sign the Vitals Information Partnership Electronic Death Registration Board of Health Burial Agent Designation Form. Arguimbau SECONDED. Motion CARRIED 2-0-0. Magi and Arguimbau signed copies of the November 4, 2014 General Election warrant, copies of which were provided by the Town Clerk. 7. Veterans District Merger--Magi said that we are currently a member of the Central Franklin County Veterans District, and that there is a movement for the CFCVD to merge with Greenfield and become the Upper Pioneer Valley Veterans District, effective July 1, 2015. Magi recommended that we join the new district, as it would provide more centralized services at a lower cost than the Town could provide on its own, even at the annual cost of $1,756.00. Arguimbau was concerned about the higher cost, but was made to understand that this would not take effect until the next fiscal year and after a Town Meeting vote on the FY 16 budget. Magi said that the meeting to decide whether or not to merge the two districts would be held on November 13, 2014. She recommended that the Board vote to join the new district if it is approved. Magi MOVED to join the Upper Pioneer Valley Veterans District pending approval of the 2015 Annual Town Meeting. Arguimbau SECONDED. Motion CARRIED 2-0-0. 8. Warwick Police Department--Chief Shoemaker said that Sergeant Michael Gelinas had completed his six-month probationary period as required by the Town's Personnel Policy, and asked that the Board appoint him for a term to expire on June 30, 2016. The Chief said that Gelinas was "a great asset to the Town". Magi MOVED to appoint Michael Gelinas as Police Sergeant for a term to expire on June 30, 2016. Arguimbau SECONDED. Motion CARRIED 2-0-0. Chief Shoemaker said that he was able to complete the purchase of a fully equipped 2008 Crown Victoria police cruiser for $2,000.00 to replace the Tahoe. He thought the Tahoe might be able to be used as an emergency response vehicle for the Fire Department. Young said that he would have to check the new vehicle replacement policy to be sure that it would be acceptable within our green communities designation to transfer this vehicle. Lyman said that it could be designated as a rescue vehicle. It has State plates and is registered to the Town and not any one department. 9. Pipeline FERC Testimony (continued) --Arguimbau said that he had spoken with Planning Board Chair Ted Cady about the testimony and that Cady had told him that due to insufficient communication with other boards and committees, the Selectboard does not reflect the knowledge possessed by other entities in Town with the knowledge to authorize the testimony. Arguimbau pointed out that awhile ago he had asked that all boards and committees submit semi annual reports to the Selectboard, but that his idea had not met with approval from the other Board members. Young said that such a routine adds to the burden of serving and it is already difficult to get people to serve in our government. Magi said those on other committees and boards that have knowledge and information to share should get together in joint meetings. Arguimbau said that the Planning Board Chair thinks that the Selectboard is a poor representative for the Town because of its inadequate communication with other boards and committees. There was a consensus of the Board to have Ted Cady come to a meeting to discuss this further. 10. Appointments--The Town Clerk had requested appointments of two addition election workers, and Arline Lincoln had asked to be appointed to the Crockery Committee. Magi MOVED to appoint Karro Frost and Pat Vandenberg as election workers for a term to expire August 31, 2015, to appoint Arline Lincoln to the Crockery Committee for a term to expire June 30, 2015. Arguimbau SECONDED. Motion CARRIED 2-0-0. Town Clerk Fratangelo requested that the Board appoint Calvin fellows as a Constable for one day for the November 4th election. Magi MOVED to appoint Calvin Fellows as Constable for one day for the purposes of the November 4, 2014 General Election. Arguimbau SECONDED. Motion CARRIED 2-0-0. 11. Correspondence--Young handed out copies of the PVRSD budget for FY 15. 12. Selectboard Reports--Magi said that she attended two finance seminars at FRCOG that were very detailed, excellent and well worthwhile. She noted that the last seminar would be held in November, and Arguimbau said that he would like to attend along with Magi. 13. Coordinator Report--Young briefly discussed Carbonite data backup. 14. New and Other Items Not Reasonably Anticipated Prior to Meeting Posting--None. V. Adjournment At 7:47 p.m., Magi MOVED to adjourn. Arguimbau SECONDED. Motion CARRIED 2-0-0. Minutes taken by Rosa Fratangelo Miryam Ehrlich Williamson Moderator, Town of Warwick 162 Old Winchester Road Warwick MA 01378-9318 978 544 7010 Mobile 413 475 2738 miryam@mwilliamson.com Memorandum ________________________________________________________________________ TO: Selectboard, Town Coordinator DATE: Tuesday, October 14, 2014 SUBJECT: Pledge of Allegiance at Town Meetings Because I have responsibilities at home that keep me from attending your meeting, I am sending this to David Young. I request that it be read if a matter I have been told will come up during Public Comment is to be discussed. I understand that a resident is coming to see you to about the "Pledge of Allegiance to the Flag" being recited at town meetings. I ask that this memo be read aloud after the resident has had his say. I'd like to keep the situation from getting any more unpleasant than it is already. First, I remind you that once the selectboard has given a town meeting warrant to the constable to be posted, the board has no further authority or responsibility with regard to the town meeting. That authority and responsibility rests entirely with the town moderator and town clerk. The board erred in making certain representations to the resident in question before the September 22 special town meeting. Your role should have been to refer him to me, and nothing more. Thus it happened that the town coordinator told me the board had said the "Pledge of Allegiance" would be recited at town meeting. I said I wouldn't mind if the concerned resident led the pledge five minutes before Call of Order, but that it would not be part of the meeting agenda. That, as you may have noticed, is not what happened. Here is the history of the recitation of the Pledge during my tenure as moderator. At the first meeting over which I presided, I asked the chair of the finance committee to lead the pledge, and he did. Before the second meeting, I asked him again and then completely forgot to call on him. After that meeting a few people thanked me for dropping the pledge; their reasons ranged from they found it unnecessary to they felt it coercive. No one approached me then or after to ask why we didn't say the pledge, or that I reinstate it at the next town meeting. I decided to do a survey on the Mass Moderators Association discussion list. I found that a minority of town meetings start with the pledge, and that the majority of those that did, recite it before the call to order. That is why I told the town coordinator that I wouldn't mind if the resident would offer to lead It five minutes before the meeting. At three minutes before the September 22 meeting, as I was heading for the platform to ask people to finish their conversations so we could start the meting, the town coordinator asked if the resident could lead the pledge. I said it was too late, and the resident took the microphone anyway, looking at me. I was about eight feet away from him, there were many conversations underway, so I said, "Bill, no," loud enough for him to hear me, and proceeded up the steps to settle the meeting down. He ignored me and led the pledge. We have plenty of time before the annual town meeting to deal with this issue. I suggest that tonight you consider putting an article on the Annual Town Meeting warrant asking whether the town wants to adopt a bylaw calling for the recitation of the pledge of allegiance before every town meeting, or every annual town meeting (which is more common among those towns that have such a bylaw or practice), but not at continuations of any such meeting. I will find suggested wording for you, if you ask me to. I have my own reasons for not wanting to require that the pledge be said and if such an article appears on the Annual Town Meeting warrant, I will turn my gavel over to another individual so that I may express them, as is my right. I think you know that I don't let my preferences influence the way I handle debate and votes on town meeting floor, and I assure you that it will not happen in this case. Those who attend town meeting are the ultimate authorities on what takes place there. I don't know if every town meeting voter would agree that the will of one person should lead the selectboard to place such an article on the warrant, but I am willing to see it be done. If you are not, the resident still has the option of bringing you a petition and, for an annual town meeting, he need only provide ten signatures, certified by the town clerk, as opposed to the greater number required for a special town meeting. Either way, if the resident wants to pursue the matter, he can be assured that a vote will be taken and the town meeting's wishes will govern. I request that the title of this memo be included in the list of documents referred to in the minutes, as required by the Open Meeting Law, and that it be kept on file and available to any who ask to see it.