Executive Session Selectboard meeting minutes
September 19, 2016
Members present: Doc Pruyne; Jim Erviti; Dawn Magi, chair.
Others present: David Young Town Coordinator; Brian Miner, Tree Warden;
Jeremia Pollard, Legal Counsel by phone.
Jim Erviti moved to go into executive session for the purpose of hearing
a complaint against a public official; Brian Miner, Tree Warden; and
further that the Selectboard would not reconvene to conduct any other
business at the conclusion of the executive session. Doc Pruyne
seconded. Roll call vote Doc Pruyne, yes; Jim Erviti, yes; Dawn Magi,
yes.
The board reviewed the meeting notice which was posted at least 48 hours
in advance of this session, Ruggiero's complaint; Miner's emailed reply,
Planning Board chair Cady's memo, a segment of cherry tree bole
comprised of wood, canker, rotten wood and insect holes. Mr. Ruggiero's
letter charged that the tree taken was not a hazard tree and that the
Warden should be fined under Public Shade Tree law.
Mr. Young stated that we have Scenic Roads which apply to all roads
except Route 78 and the Shade Tree Act which applies to all town roads.
The Shade Tree Act is enforced by Planning Board or Police. Selectboard
referred the complaint to the Planning Board who met, offered
clarification, and voted an amendment to the scenic roads cutting
policy. P. B. did not move to fine the Tree Warden. P. B. noted that
Warwick treats Hazard trees uniquely because we are so wooded and power
outages are frequent and are a serious concern and note that neither
state laws mention hazard trees.
Mr. Miner answered questions wherein the board learned that the tree in
question was marked for 48 hours prior to it being cut; he estimated the
charge to the Town for the tree removal by a contractor was between $100
and $200 and he personally worked the ground / directed traffic without
compensation. Also noted was that Mr. Miner is not taking the stipend
ordinarily paid a Tree Warden.
Prior to the board voting findings, the Town's legal counsel joined the
session by phone and after discussion the Selectboard voted the
following FINDINGS:
1. We find that this was a hazard tree and had the Selectboard been
asked permission, we would have approved the removal of this tree. 
2. We find that Mr. Miner, in his capacity of elected Tree Warden, acted
in good faith utilizing his knowledge and understanding of the technical
aspects of hazard trees and their removal.
3. We find the Tree Warden in technical violation of the shade tree /
scenic road acts and of established procedure and fine him $20 for this
first offense, payable to Town of Warwick.
The above findings were voted on a motion by Pruyne, seconded by Erviti.
Results of roll call vote: Pruyne yes, Erviti yes, Magi yes. All in
favor.
The board concluded after discussion with legal counsel that the
Selectboard's actions do not resolve any potential 268A issues raised by
Mr. Ruggiero and that enforcement lies with the State Ethics Commission.
Moreover, the matter of an additional tree allegedly cut by highway
department several years in the past, the board found this would have
occurred prior to Mr. Miner becoming a town employee. The board took no
action on Mr. Ruggiero's suggestion of wrongdoing.
On a motion by Pruyne, seconded by Erviti the board voted to adjourn the
executive session and return to regular session. Pruyne yes, Erviti yes,
Magi yes. All in favor.
Documents consulted:
Ruggiero's complaint
Miner's emailed reply
Planning Board chair Cady's memo