Town of Warwick Selectboard May 8, 2013 Minutes Members present: Dawn Magi, Nick Arguimbau, Patricia Lemon (arrived at 6:05 pm) Others present: Town Coordinator David Young, Town Secretary Rosa Fratangelo Calcari, Fire Chief Ron Gates, Deputy Fie Chief Roland Weld, Firefighters Bill Lyman and Brad Matthews, former Fire Chief Gunnar Lambert, Highway Superintendent Tim Kilhart, Police Chief David Shoemaker (arrived at 3:37 pm), Jon Calcari I. Call to Order Chair Magi called the meeting to order at 3:00 pm in Town Hall. II. Presentations and Discussions 1. Selectboard Reorganization --Current Chair and newly re-elected Board member Dawn Magi said that since this the first meeting after the Annual Town Election, it was time for the Board to reorganize. She asked if anyone would like to become the Chair; Lemon and Arguimbau declined. Lemon MOVED that Dawn Magi continue as Chair. Arguimbau SECONDED. Motion CARRIED 2-0-1. Arguimbau and Lemon: AYE; Magi Abstained. Lemon MOVED that Nick Arguimbau remain Vice Chair and that Patricia Lemon remain as Clerk, so that all three continue in the positions held for the last three years. Arguimbau SECONDED. Motion CARRIED 3-0-0. 2. Fire Department Evaluation --Magi said that it would be helpful to have an outside person look at things. Lemon concurred, saying that it is helpful to have a fresh pair of eyes look at a situation, because there is a different perspective from an independent outsider than there is from within a group. Arguimbau said that he had had a lengthy, in-depth conversation with David Young and that he now thinks that an outside evaluation is a good idea. Arguimbau said that he wanted it on the record that Young's nickname within the Fire Department is "the Devil", and that his decision to support an outside evaluation is not political. Firefighter Brad Matthews wanted to know what the point was to having an outside evaluation of the Fire Department. Magi replied that Young had sent her an Email listing some serious concerns, such as confusion at the scene of a fire and concern of Department members the safety of their lives while at the fire scene. Magi said that she responded to Young that this needs to be documented and looked into. She said that she favored an independent consultant because the Board members have never been firefighters and cannot evaluate the department as effectively as someone who has the appropriate qualifications, understands how a fire department works, and is impartial. She also said that she sees that the majority of the Fire Department is loyal to Chief Gates and respects him as Chief. Chief Gates said that there was no safety issue at the Brodski fire scene. He noted that Orange Fire Chief Dennis Annear, and other qualified mutual aid personnel were present to assist the Warwick Fire Department at the scene in question. Gates noted that as he is a Strong Chief, he has been given a job to do and should be allowed to handle issues within his department. Firefighter Bill Lyman said that the Board was circumventing authority within the department by bringing in an outside consultant. He also said that he observed no unusual issues at the Brodski fire scene. He mentioned that delivery of water from the forty foot supply line could have been augmented by three water pumps, but to get all three working properly at the same time would have caused the same delay as what occurred at the fire scene. Magi said that she was looking to get everyone on the same page so as to improve cohesiveness and make the department better and stronger. Gunnar Lambert said that he did not believe that an outside consultant and the Selectboard would be able to do that, but that the Fire Department itself could. Lemon asked if the department members will cooperate with the consultant. Lyman said that his initial reaction would be "no", because he does not believe the Board has the authority to do this because of the Mass General Law statutes regarding a Strong Chief, and because it was antithetical to Ms. Magi's goals. Lyman said that Chief Gates and some of the other department members were willing to try to bring some of this together, and felt that things should be worked out through the Fire Department and not the Selectboard. Young said that the Department needed to get someone to work with to help them get better, even if it is not him. He told them to take him out of it and work with a consultant to get his priorities, recommendations and evaluations. Lyman countered with the suggestion that a better solution would be for the Fire Chief appoint a committee to review the Standard Operating Procedures (SOP's) of the County and other fire departments. He said that the committee would have a representative from the Selectboard who would work together with the Fire Department to review and address the lists of issues from Young and Fire Department members. Deputy Chief Roland Weld said that if there were real problems, then a consultant would be helpful. He pointed out that because ours is a volunteer department, people have only so much time to allot to the Fire Department. Magi assured everyone that the Board would seek input from the Fire Department after sharing the consultant's findings. Lyman said that this is potentially very harmful to public perception. He also said that under Chief Gates many have earned updated certifications, there have been no on-scene injuries, and that current public perception is that the Fire Department is doing exceptionally well. Arguimbau said that he voted "No" last time due to his mistrust of David Young's motives. He said that if there was a consensus within the Fire Department that hiring an independent consultant will create more dissention and further fracture the department, then he was still against it. He pointed out that an independent consultant qualified to make evaluations and offer recommendations in ways that the Selectboard is not would provide potentially valuable guidance. Arguimbau said that he wanted everyone to leave this meeting with a clear understanding of what will be done and approach it with trust and good will. Lyman said that in all his years on the department, he has never seen it work as well as it does now. Young read aloud the last line of an Email from Firefighter Adam Holloway asking for the Board's support of hiring a consultant "as a way of fixing what we ourselves have not been able to fix in the last year and a half". Young said that he saw in the Fire Department great potential but that it is not great now. He said that the department could benefit from an independent consultant who is knowledgeable of fire service, and pointed out that this was a technical assistance action and not a headhunting action. He also said that he wanted it on the record that it was he, not Adam Holloway, who was the main complainant. Lemon said that every three years after the Town is audited, the Accountant, Treasurer and Tax Collector receive recommendations on ways to improve their performance. Young called Town Counsel Fred Dupere and put him on speaker phone. Town Counsel said that the Board is within their rights to hire an independent consultant and to seek an outside assessment without violating Strong Chief statutes. Arguimbau noted that this will work better if everyone is on board and that if the Fire Department is not on board he might go back to a "No" vote. He said he would want a date certain when the issues raised by Young, Holloway and any others would be addressed and reported back to the Board. Lyman suggested a triage approach by prioritizing the top three biggest issues. He favored a cooperative effort between the Selectboard and Fire Department which would include any aggrieved parties. Arguimbau MOVED that the question of hiring a consultant be tabled for four weeks and in the interim the Fire Department, along with a representative from the Selectboard with the power to negotiate with the Fire Department, attempt to come up with a timeline for addressing all questions raised by David Young and Adam Holloway and to present the timeline in four weeks. If the timeline agreed upon is satisfactory to the Board, the consultant issue will again be tabled or dismissed altogether. If the timeline is not satisfactory to the Board, the issue will be taken up again. Magi SECONDED. A discussion ensued, beginning with Magi asking Lemon and Young why they did not support an extension or delay in the hiring of a consultant. Lemon said that she was tired of talking and wanted action. Young said that the problem had been avoided for a long time and that something needed to be done. Police Chief David Shoemaker said that this will fester and that for the sake of morale it was best to move on. He said that he was against tabling the discussion and thought that the decision on whether or not to hire an outside consultant should be decided today. Motion FAILED 1-2-0. Arguimbau: AYE; Lemon and Magi: NAY. Lemon MOVED to confirm the vote of the last meeting and authorize the signing of a contract from Municipal Consultants of New England as described in the proposal of April 25, 2013 to provide technical assistance and guidance to the Fire Department. Magi SECONDED. Lyman said that there was a service through the Massachusetts Fire Chiefs (MFCA) Association to the member towns. He said that he would more likely feel comfortable in cooperating with the MFCA. He said that while he would not refuse to speak with anyone, he would be uncomfortable to speak with an independent consultant. Young pointed out that the firefighters work for the Chief and that the Chief works for the Selectboard. Chief Shoemaker said that there needed to be a chain of command from top to bottom, and that the Selectboard sets policy. Lemon amended her motion to include "assuming we do not find an appropriate consultant through the MFCA. Arguimbau added the Friendly Amendment "within two weeks. Lemon revised the friendly amendment to 4:45 pm on Friday, May 10, 2013. Ron gates said that he was making a decision on behalf of the Fire Department to go ahead and hire the consultant. He respectfully asked the Board to allow him to run the department if the consultant does not find fault with the way he does his job. He said that if the consultant finds that he is not doing his job properly then he will step aside. Lemon called the Question. Motion CARRIED 3-0-0. Lyman noted that he had spent the majority of today on the Vermont Yankee drill. He said that both FEMA and MEMA were impressed with Warwick's personnel. He again expressed concern for public perception. Lemon said that a lot of time is spent talking about how good the Fire Department is and how the Board wished there were more resources. She said that they want to do the best by the Fire Department and she felt a consultant will help do this. Arguimbau said that despite the small amount of compensation the firemen are given, there has been an accusation that accurate recording of people participating in training in order to qualify for pay may have been ignored. He wanted this claim investigated. Dust on Roads, Mitigation, and Abutter Assessment --Young said that Nancy Machado was circulating a petition protesting the very dusty conditions on the dirt roads around her home at the intersection of Old Winchester and Robbins Roads. Young said that he had done research prohibitions against dust and that the Town may apply suitable products to reduce the dust and assess bills to abutters. Old Winchester Road resident David Shoemaker said that the dust this Spring is the worst he has ever seen, and that it is serious enough to present health problems. He indicated that he was seeking relief but did not want to be assessed for the Town's products to treat the problem. Highway Superintendent Tim Kilhart said that he would need material such as flaked calcium chloride to spread on the roads. He noted that there are approximately twenty miles of dirt roads in Town, and that he would have to contract out the service as we lack the necessary equipment. He pointed out that Nancy Machado had never called the Highway Department to report or complain. Kilhart explained that speed can be an issue, as the faster a car is driven, the more dust will result. He said that ten days of grading all the dirt roads had been completed on Monday, may 6th. Shoemaker suggested the possibility of mutual aid from another town could provide the necessary spreading equipment instead of hiring an outside contractor. It was also noted that the upcoming forecasted rain could alleviate the need for mitigation prior to Kilhart's being able to come back to the Board with an estimated cost, which he noted was not in his current budget. Lemon said that the issue should be tabled until there is an actual complaint; Magi said that Chief Shoemaker had made a complaint at this meeting, and said that he wanted the dust to be mitigated. Young said that this was not in our budget now but could be figured in future budgets. The Town could purchase the product and bill residents who choose to use it in front of their properties could be assessed for the cost of materials used. Kilhart said that a bulk discount could be attained through a bid from FRCOG, but the material must be stored in completely dry conditions. He said that there was no room, and no suitable, safe storage conditions at the Highway Department. Young suggested forming a cooperative with residents once liability issues have been cleared by Town Counsel. Arguimbau wondered if the Board or Police Department could do something about the speed at which cars travel on the dirt roads. Chief Shoemaker suggested closing the roads to local traffic only. Lemon asked Kilhart to check into the cost of federally compliant signage. Magi suggested three signs, to be placed at either end of Old Winchester Road, and where Robbins Road intersects with Winchester Road. Kilhart mentioned Quarry and Richmond Roads, and said that he would research the signage costs and report back to the Board. III. Adjournment At 5:21 pm, Lemon MOVED to adjourn the meeting. Magi SECONDED. Motion CARRIED 3-0-0. Minutes taken by Rosa Fratangelo Calcari