Town of Warwick Selectboard June 30, 2014 Minutes Members present: Nick Arguimbau, Dawn Magi Member absent: Patricia Lemon; remote participation as of 7:10 p.m. Others present: Town Coordinator David Young, Town Secretary Rosa Fratangelo, Firefighter Bill Lyman, Jon Calcari I. Call to Order Chair Arguimbau called the meeting to order at 7:00 p.m. in Town Hall. Bill Lyman made an audio recording of this meeting. II. Public Comment None. III. Presentations and Discussions 1. Vote to Allow Remote Participation at Meetings--Young said that the Board needed to vote to allow remote participation so that Patricia Lemon could participate in this and future meetings by cell phone while she is recuperating from an injury. Magi MOVED that the Selectboard authorize Town Boards, Committees and Commissions to allow remote participation in their meetings. Arguimbau wanted to hold off on anyone except the Selectboard. Young explained that per Mass General law, a physical quorum must still be present at any meeting. Remote participation is allowed, and those participating remotely may vote, but only if there is a quorum physically present. Arguimbau expressed concern that remote participation could become the norm and wanted to have further discussion before voting to allow it for any entity other than the Board of Selectmen. Young said that we should trust those appointed to our Town government. Magi said she thought it was overkill to vote for just the Selectboard be allowed remote participation, but Arguimbau stated several times that he would not second the motion as it was made until further discussions on the issue had taken place. Magi AMENDED her motion to: the Selectboard authorize to allow remote participation in its meetings. Arguimbau SECONDED. Motion CARRIED 2-0-0. Young telephoned Patricia Lemon to inform her that remote participation had been voted for the Selectboard. Arguimbau told Lemon that he would not second the motion for all boards, committees and commissions because the Board ought to discuss the matter further, as he was concerned that remote participation by all but the quorum could become routine. 2. Appointment of New Town Counsel --Young explained that Town Counsel Fred Dupere had originally become Town Counsel a number of years ago on something of an emergency basis, and that he and his sons did not wish their firm to continue the practice of municipal representation. After the ZBA hearing on June 25, 2014, Dupere resigned because he felt the Town needed counsel well versed in zoning laws. He provided Young with the names of four attorneys, including Jeremiah Pollard, who represents eleven municipalities in Berkshire County. Young said that he had spoken by phone with Pollard and that the attorney had agreed top become our Town Counsel for the retainer voted at the Annual Town Meeting for FY 15. Young noted that he had encumbered the $5,000.00 from FY 14 for litigation so that it can be used in FY 15. Young said that Attorney Pollard's litigation fee is $160.00 per hour, and that he agreed to bill the annual retainer of $2,800.00 semi annually. Young confirmed that Pollard will be present for the next ZBA hearing on July 16, 2014. Magi MOVED to appoint Jeremiah Pollard Town Counsel for a period of one year. Lemon SECONDED. Motion CARRIED 3-0-0. 3. WCS School Labor Bid Award--Young explained that this was the labor component for the WCS roof, and that he had posted and advertised as per legal requirements. He said that two bids were received, and that the low bid came from Reinke Contractors of Leicester. Young said that he had checked with the Public safety and Security executive offices and found no disciplinary actions against this firm. He also said that he had been able to contact two of the four references provided, and that both had given solid recommendations as to the work performed by Reinke. Lemon MOVED to hire Reinke Contractors. Magi SECONDED. Motion CARRIED 3-0-0. Young said that he wanted it on the record that the labor bid was $49,580.00, and that terms for payment are payment is received upon satisfactory completion of the work. Young said that the bidding for materials will open on July 14, 2014. New and Other Business Not Reasonably Anticipated Prior to Posting Notice--Young said that he had received a letter from Bernardston regarding PVRSD new definitions of capital. He said that the Bernardston Selectboard had no problems with the definition of capital or operating maintenance, but wanted the new definition "capital repair" removed, as they felt this was actually maintenance. The Board also added a monetary value and a useful life. Young said that he would go get the letter. Fratangelo said that Janice Barrett had been inadvertently omitted from the FY 15 Appointment List. Magi MOVED to appoint Janice Barrett as Accountant for a three year term beginning July 1, 2014 and ending June 30, 2017. Lemon SECONDED. Motion CARRIED 3-0-0. Young read aloud the letter from the Bernardston Town Coordinator. Their Board had voted unanimously as Young had said before, and to "add a definition of capital expense defining the same with a $10,000.00 threshold and a useful life of five years." At this point, Lemon ended her remote participation. Young informed the Board that the rescheduled meeting between FRCOG and Kinder Morgan will be held on July 24th from 6 p.m. - 8 p.m. at GCC. IV. Adjournment At 7:36 pm, Magi MOVED to adjourn. Arguimbau SECONDED. Motion CARRIED 2-0-0. Minutes taken by Rosa Fratangelo