Town of Warwick Selectboard October 18, 2010 Minutes Members present: Dawn Magi, Patricia Lemon, Nick Arguimbau Others present: Town Coordinator David Young, Town Secretary Rosa Fratangelo Calcari, Highway Superintendent Tim Kilhart, Brian Hubbard, Police Officer Dave Shoemaker, former Fire Chief George Day, Finance Committee members Les Goodman, Kevin Alden, and Rick Abbott, Steve Ruggiero, Jon Calcari, Janet Conover, Jared Robinson (Athol Daily News) I. Call to Order Chair Arguimbau called the meeting to order at 6:00 p.m. in the Town Hall. II. Public Comment Janet Conover said that she had been asked by Young to take a look at the history of the Community Development Block Grants (CDBG). She said that the first Warwick loan was granted in 1980, and that her search of the Registry index identified sixty-four loans to residents of Town since the program began. She noted that twenty-seven loans have been repaid in the amount of $305,000.00, while the thirty-seven outstanding loans total $625,000.00. Conover has been investigating the possibility that loan repayments may come back to the Town as unrestricted revenue, and handed each Board member a copy of her research. She suggested that the Finance Committee should evaluate how revenue streams of this type should be handled if they in fact exist. Young said that there seems to be $80,000.00 of program income currently available, which the Board can approve to spend as it sees fit once the grant has closed and been audited. He also noted that a legal public hearing will be held at the Town Hall on Monday, October 25 at 5:45 pm for the proposed design change in the current grant. Lemon suggested that the Finance Committee look into the matter and propose capital improvement projects with estimated costs, which could potentially be funded by program income. Arguimbau said that the public needs to be very much involved in decisions on how this money should be spent. III. Minutes Magi MOVED to accept the minutes of October 4, 2010, as printed. Lemon SECONDED. Motion carried by a vote of 3-0-0. IV. Presentations and Discussions Enumeration - Ruggiero Athol Road -- Steve Ruggiero restated his case from the previous meeting, and added that he does not feel that Fire Chief Gunnar Lambert made a mistake in assigning his house number. Former Fire Chief George Day explained that every town he knows of numbers houses from the center of town with even numbers on one side of the street and odd numbers on the other. He said that Warwick assigns odd numbers on the right and even numbers on the left going from the center of town. Magi said that she had looked at the area in question on Athol Road and noticed the three houses were very close together. She noted that any emergency vehicle can see all three houses involved, and inquired as to why this is a big deal. Police Officer Dave Shoemaker explained that house enumeration affects emergency response to any house, not just the three in the vicinity of the Ruggiero home. He pointed out that ambulances are dispatched out of Athol, Orange, or Winchester, and that consistency in house enumeration is crucial for everyone's safety, especially when minutes count. Day said that he was the one who brought the error to Young's attention, and acknowledged that while he did not know how it happened, mistakes in enumeration were made. He also said that he believes this to be the last remaining error. Magi MOVED to uphold number 225. There was no Second; Magi WITHDREW the Motion. Officer Shoemaker further explained that the street number for Brad Hurlbert, much further down the road, is 230. If emergency personnel got to number 225, they would be confused not to find 230 close by. Lemon MOVED to uphold the emergency personnel's recommendation and change to 293 Athol Road. Magi SECONDED. Motion carried by a vote of 2-0-1. Arguimbau abstained, as he had previously recused himself from any votes on the matter. 2. Highway Employee Appointment -- Highway Superintendent Tim Kilhart said that twenty-four applications were received for the advertised position of truck drive/laborer. The applicant pool was narrowed to three finalists, who were interviewed by Kilhart and Young. Each applicant was asked the same series of questions, and then ranked separately by Kilhart and Young. Both agreed that the best candidate for the job was Brian Hubbard. Kilhart noted that Hubbard had taken his drug test and was scheduled for his DOT physical this week. Kilhart and Young jointly recommended that the Board approve the hire of Brian Hubbard. Young pointed out that, per the personnel policy, the hire is probationary with an automatic review after six months. Lemon MOVED to confirm Tim Kilhart's hire of Brian Hubbard to the position advertised. Magi SECONDED. Motion carried by a vote of 3-0-0. 3. Joint Meeting with Finance Committee for FY 12 -- Finance Committee Chair Rick Abbott said that the Finance Committee had held a meeting right before this Selectboard meeting, and their recommendation was to shoot for a level funded budget which would include no raises for employees. He noted that there would be time for adjustments if need be later on. Lemon said that the cost of living index was announced at 0%. The possibility that Proposition 3 will pass and result in reduced state funding left the Board and Fin Comm with uncertainty about the Town's financial future. Members of the Board and the Finance Committee acknowledged that it may become necessary to cut budgets for both wages and expenses. It was the consensus of the Board and Fin Comm to instruct departments to submit level funded budgets for FY 12. Arguimbau said that if Prop 3 passes, the FY 12 budget would be put on the agenda for the next meeting following the November election. Young said that budgets should be submitted by early December. Arguimbau closed the joint meeting with the Finance Committee at 6:55 pm. Winter Meeting Place -- Young suggested that the Board continue to meet at Town Hall. The Board Room upstairs will be the location for cold weather meetings; the dining hall will be used when the number of people in attendance calls for a larger room. 5. Selectboard Reports --Magi attended the Central Franklin County Veterans District (CFCVD) meeting on October 7th, along with Janet Conover. Magi said that Warwick's proposed share for FY 12 was $1,533.67 in one proposed budget, and $1,413.28 in another. As the consensus of the Board at the October 4th meeting was that if the Town's share was more than $600.00 we should withdraw from the district, Magi declared at the CFCVD meeting that Warwick was withdrawing from the district. The Town has already paid its share for FY 11. Magi noted that Chapter 23B insurance and retirement assessment would still be the responsibility of the Town, but handling veterans' services in-town will be cost effective. Magi MOVED to withdraw from Central Franklin County Veterans District effective July 1, 2011 and that David Young will send a letter to that effect to Leo Parent. Lemon SECONDED. Motion carried by a vote of 3-0-0. Lemon said that the Board will hold an informational meeting with the man from the Green Communities program on Tuesday, October 26th at 6 pm in Town Hall. She also noted that Wired West is in the process of finalizing language for the by-laws and contract to be voted on at their October 30th meeting. Warwick's Wired West representative, Reva Reck, will attend the Board's November 1st meeting to provide an update and to explain the timeline for the required town meeting votes. 6. Coordinator Report -- Young said that the Buildings and Energy Committee drafted a proposal for consulting services to assess the WCS building and its systems, recommend capital improvements, and develop a maintenance and operation plan. The goal will be to have better knowledge of, and have fewer problems with, the buildings, its systems, and maintenance issues. The Town has appropriated a maximum of $10,000.00 for this activity. A minimum of three oral or written bids must be solicited. 7. Consideration of Complaint Against a Town Employee -- Lemon said that she could find no references to residents making complaints against a town employee and wished to consult Town Counsel for clarification. Young said that the Open Meeting Law gives specific criteria for executive session, one of which covers hearing a complaint against a town employee. Young said that anyone can make a complaint, but the Selectboard decides whether or not it will hear the complaint. If a complaint is to be heard, the employee must have 48 hours notice, and Town Counsel should also be present. He noted that the Board could go into executive session to decide if there is sufficient merit to hear the complaint. Magi MOVED to go into Executive Session. Lemon SECONDED. A discussion ensued. Arguimbau offered to recuse himself for a conflict of interest based on having had past business relationships with the complainant, Steve Ruggiero. Ruggiero had no objection to Arguimbau remaining a part of the discussion. Magi said that she had heard Young say to someone getting loud or upset during a meeting "let's take it outside" to accompany the person outside the meeting room to handle the situation without disrupting the meeting. Conover said that things of this nature are more appropriately discussed in executive session. Arguimbau called the question. The motion was amended to include the purpose of the executive session: to consider the discipline or dismissal of or to hear complaints or charges brought against a public officer, employee, staff member or individual. Magi and Lemon agreed. Motion carried by a vote of 3-0-0. The Board went into executive session at 7:25 pm. The Board reconvened the open meeting at 7:45 pm. Arguimbau said that the Board decided the complaint was insufficient because it does not include the date and time of the incident, without which an accurate determination cannot be made as to who was present. The complaint was dismissed. He noted that Ruggiero is entitled to supply the additional information and resubmit the complaint. Arguimbau said that he is the only one who remembers the incident, and while he did not interpret the words to be a threat, he felt that it could be interpreted that way. He said that Young should make an apology for making a statement which, while not intended as a threat, may have been interpreted as such. Ruggiero said he would accept a written apology from Young, who said he will apologize in writing; the two shook hands. Lemon MOVED that the Board authorize Patricia Lemon to release her executive session notes to Rosa Calcari for inclusion in the minutes. Magi SECONDED. Arguimbau added the friendly amendment: based in part on David Young's and Steve Ruggiero's agreement to allow the Board to disclose the minutes of the executive session. Motion carried by a vote of 3-0-0. 8. Other Business -- J. Calcari said that protocol must work the same for everyone or it will not work at all. A brief discussion ensued about the presumed procedure of complaints being submitted in writing to the department head. Magi MOVED the Board review the protocol. Lemon SECONDED. Lemon added the friendly amendment to also review the Personnel Policy and revise it to include a policy for complaints. Magi agreed. Motion carried by a vote of 3-0-0. V. Adjournment At 8:42 pm, Lemon MOVED to adjourn the meeting. Magi SECONDED. Motion carried by a vote of 3-0-0. Minutes taken by Rosa Fratangelo Calcari Town of Warwick EXECUTIVE SELECTBOARD SESSION October 18, 2010 Present: Selectmen Arguimbau, Magi, and Lemon I. Call to Order: Arguimbau called the executive session to order in the Town Hall dining room at 7:25 p.m. II. Whether to Consider a Complaint against Town Coordinator Young, brought by Stephen Ruggiero, 293 Athol Road (APPENDIX I): Since the complaint was not dated, Selectboard members were uncertain of the date of the incident in question, although since it was received at their previous, October 4, meeting, they could only assume that by "the previous meeting," Ruggiero meant the meeting of September 20. The minutes of that meeting made no reference to any such occurrence. Lemon was not present at the September 20 meeting. Magi, who was present, did not recall the incident. Arguimbau did remember it and told other board members that his recollection was that while he did not consider Young to have threatened Ruggiero, but rather to have been making and effort to take outside the meeting for further discussion rather than take up meeting time for what had become a very unpleasant shouting match. Arguimbau did recall thinking that Ruggiero could have perceived Young's utterance as a threat. Board members agreed that, lacking a properly documented complaint and more than one potential witness, a hearing would be otiose but that they would, instead, ask Ruggiero if he would be satisfied with an apology from Young. III. Adjournment of Executive Session: At 6:45 p.m., Lemon MOVED that the executive session be adjourned, and Magi SECONDED. The motion CARRIED, 3 to 0. APPENDIX I Complaint received by the Selectboard on October 4, 2010 Dear Selectboard member: I am formally filing this complaint against David Young for his threat to me when I complained about my house number change. When I stated my case to him at the previous meeting he said I was yelling and we could "take it outside". To me that is a threat and when this board allows David to talk to a 67 year old retiree, or anyone who comes before this board, like that to in order to intimidate someone, and they allow it. It is disgusting. You members govern this town, not David. If he was an employee of mine he would have been fired or reprimanded and made to write an apology to that person. No person should have to be subject to that sort of childish behavior and if David can't conduct himself better then he is not the person to represent the town in my opinion. The complaint was signed by hand: Sincerely, Stephen Ruggiero 225 Athol Road Warwick, MA