← Walpole Select Board

Walpole Select Board · 2019–2020 Board · Regular meeting

February 11, 2020

17 recorded votes, 16 with disagreement.

Sources: Official minutes (PDF) · Agenda

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Attendance

Present: James O’Neil, Nancy Mackenzie, Benjamin Barrett, Mark Gallivan

Absent: None

During the meeting:

  • Nancy Mackenzie arrived at 7:05pm.

Every vote, in order

Action Items:

Ratify, validate and confirm the Board’s January 7, 2020 vote to resolve the December 30, 2019 Open Meeting Law complaint by authorizing Town Counsel to file a response with the Attomey General…

Minutes, page 1

Approve minutesPassed · Unanimous, 3 present

Motion to ratify, validate and confirm the Board’s January 7, 2020 vote to resolve the December 30, 2019 Open Meeting Law complaint by authorizing Town Counsel to file a response with the Attomey General indicating that the vast majority of the matters raised related to meetings held more than 30 days prior to the date of the complaint, and, further, that other matters did not raise issues under the Open Meeting Law, and that the following action be taken: (1) Add the minutes of the January 7, 2020 meeting to the minutes of the current meeting, including Mr. Salvatore’s written notes: (2) Add the Board’s response to the December 30, 2019 complaint, filed with the Attorney General, to the minutes of the current meeting. The motion was seconded by Mr. Gallivan.

Nancy Mackenzie arrived at 7:05pm and is not counted in this vote; the count (3-0-0) matches the 3 members there at the time.

From the minutes

“motion to ratify, validate and confirm the Board’s January 7, 2020 vote to resolve the December 30, 2019 Open Meeting Law complaint by authorizing Town Counsel to file a response with the Attomey General indicating that the vast majority of the matters raised related to meetings held more than 30 days prior to the date of the complaint, and, further, that other matters did not raise issues under the Open Meeting Law, and that the following action be taken: (1) Add the minutes of the January 7, 2020 meeting to the minutes of the current meeting, including Mr. Salvatore’s written notes: (2) Add the Board’s response to the December 30, 2019 complaint, filed with the Attorney General, to the minutes of the current meeting. The motion was seconded by Mr. Gallivan. Voted 3-0-0.” (second: Gallivan)

Read it in the official minutes, page 1 (PDF)

Direct counsel to prepare a response consistent with the summary of the matter already provided, deny that a violation of the Open Meeting Law occurred based upon the particular facts at issue,…

Minutes, page 2

DenyPassed · Unanimous, 3 present

Motion to direct counsel to prepare a response consistent with the summary of the matter already provided, deny that a violation of the Open Meeting Law occurred based upon the particular facts at issue, and that the following action be taken to promote transparency and further the purposes of the Open Meeting Law: (1) Request that the Town Clerk work with Town Counsel to prepare a “best practices” summary for the preparation of meeting agendas; and (2) Consistent with past practice, schedule and hold an Open Meeting Law training for staff and boards and committees. The motion was seconded by Mr. Gallivan

Nancy Mackenzie arrived at 7:05pm and is not counted in this vote; the count (3-0-0) matches the 3 members there at the time.

From the minutes

“motion to direct counsel to prepare a response consistent with the summary of the matter already provided, deny that a violation of the Open Meeting Law occurred based upon the particular facts at issue, and that the following action be taken to promote transparency and further the purposes of the Open Meeting Law: (1) Request that the Town Clerk work with Town Counsel to prepare a “best practices” summary for the preparation of meeting agendas; and (2) Consistent with past practice, schedule and hold an Open Meeting Law training for staff and boards and committees. The motion was seconded by Mr. Gallivan Voted 3-0-0.” (second: Gallivan)

Read it in the official minutes, page 2 (PDF)

Seconded by Mr Barrett to award the MSBA OPM Contract to Compass and allow Jim Johnson to sign on the Boards behalf

Minutes, page 2

ApprovePassed · Unanimous, 3 present

Motion moved by Mr. Gallivan, seconded by Mr. Barrett to award the MSBA OPM Contract to Compass and allow Jim Johnson to sign on the Boards behalf.

Nancy Mackenzie arrived at 7:05pm and is not counted in this vote; the count (3-0-0) matches the 3 members there at the time.

From the minutes

“Motion moved by Mr. Gallivan, seconded by Mr. Barrett to award the MSBA OPM Contract to Compass and allow Jim Johnson to sign on the Boards behalf. Voted 3-0-0.” (Motion: Gallivan, second: Barrett)

Read it in the official minutes, page 2 (PDF)

Seconded by Mr O’Neil to sign the absentee ballot voting/early voting policy document from the Town Clerk

Minutes, page 3

ApprovePassed · Unanimous, 3 present

Motion was moved by Mr. Gallivan, seconded by Mr. O’Neil to sign the absentee ballot voting/early voting policy document from the Town Clerk.

Nancy Mackenzie arrived at 7:05pm and is not counted in this vote; the count (3-0-0) matches the 3 members there at the time.

From the minutes

“motion was moved by Mr. Gallivan, seconded by Mr. O’Neil to sign the absentee ballot voting/early voting policy document from the Town Clerk. Voted 3-0-0.” (Motion: Gallivan, second: O’Neil)

Read it in the official minutes, page 3 (PDF)

ADJOURNMENT:

Adjourn the BOS meeting at 8:31 pm

Minutes, page 11

ProceduralPassed · Unanimous, 4 present

Motion moved by Mr. O’Neil to adjourn the BOS meeting at 8:31 pm, seconded by Mr. Gallivan

From the minutes

“Motion moved by Mr. O’Neil to adjourn the BOS meeting at 8:31 pm, seconded by Mr. Gallivan Voted 4- 0-0.” (Motion: O’Neil, second: Gallivan)

Read it in the official minutes, page 11 (PDF)

APPOINTMENTS

Appoint Ken Southwood to the Ponds Committee as a regular member

Minutes, page 12

AppointPassed · 5–0

MOTION Moved by Mrs. Mackenzie to appoint Ken Southwood to the Ponds Committee as a regular member Seconded by Mr. Gallivan

The count (5-0-0) does not match the 4 members listed as present, so individual votes are not shown (a member arrived late or left early).

From the minutes

“MOTION Moved by Mrs. Mackenzie to appoint Ken Southwood to the Ponds Committee as a regular member Seconded by Mr. Gallivan VOTED 5-0-0.” (second: Gallivan)

Read it in the official minutes, page 12 (PDF)

Highway

Open the public hearing for the installation of tanks for Prestige Gas

Minutes, page 12

ProceduralPassed · 5–0

MOTION Moved by Mrs. Mackenzie to open the public hearing for the installation of tanks for Prestige Gas seconded by Mr. Gallivan

The count (5-0-0) does not match the 4 members listed as present, so individual votes are not shown (a member arrived late or left early).

From the minutes

“MOTION Moved by Mrs. Mackenzie to open the public hearing for the installation of tanks for Prestige Gas seconded by Mr. Gallivan VOTED 5-0-0.” (second: Gallivan)

Read it in the official minutes, page 12 (PDF)

Close the public hearing

Minutes, page 12

ProceduralPassed · 5–0

MOTION moved by Mrs. Mackenzie to close the public hearing, seconded by Mr. Gallivan

The count (5-0-0) does not match the 4 members listed as present, so individual votes are not shown (a member arrived late or left early).

From the minutes

“MOTION moved by Mrs. Mackenzie to close the public hearing, seconded by Mr. Gallivan VOTED 5-0-0.” (Motion: Mackenzie, second: Gallivan)

Read it in the official minutes, page 12 (PDF)

Approve the request of Prestige Gas to install one 12,000 galion gasoline tank, One 4,000 gasoline tank and one 4,000 Diesel Fuel Tank at 2285 Providence Highway

Minutes, page 12

ApprovePassed · 5–0

MOTION moved by Mrs. Mackenzie to approve the request of Prestige Gas to install one 12,000 galion gasoline tank, One 4,000 gasoline tank and one 4,000 Diesel Fuel Tank at 2285 Providence Highway seconded by Mr. Gallivan,

The count (5-0-0) does not match the 4 members listed as present, so individual votes are not shown (a member arrived late or left early).

From the minutes

“MOTION moved by Mrs. Mackenzie to approve the request of Prestige Gas to install one 12,000 galion gasoline tank, One 4,000 gasoline tank and one 4,000 Diesel Fuel Tank at 2285 Providence Highway seconded by Mr. Gallivan, VOTED 5-0-0.” (Motion: Mackenzie, second: Gallivan)

Read it in the official minutes, page 12 (PDF)

Appoint Dept. Sergeant Richard Kelleher as the New Walpole Deputy Chief of Police

Minutes, page 14

AppointPassed · 4–0

MOTION moved by Mr. Barrett to appoint Dept. Sergeant Richard Kelleher as the New Walpole Deputy Chief of Police seconded by Mr. Gallivan

The count (4-0-1) does not match the 4 members listed as present, so individual votes are not shown (a member arrived late or left early).

From the minutes

“MOTION moved by Mr. Barrett to appoint Dept. Sergeant Richard Kelleher as the New Walpole Deputy Chief of Police seconded by Mr. Gallivan Voted 4-0-1 (Mrs. Mackenzie abstained).” (Motion: Barrett, second: Gallivan)

Read it in the official minutes, page 14 (PDF)

Mackenzie to approve the change of Manager for Wines and More to Jonathan Gentile

Minutes, page 15

ApprovePassed · 5–0

MOTION moved by Mrs, Mackenzie to approve the change of Manager for Wines and More to Jonathan Gentile seconded by Mr. Gallivan

The count (5-0-0) does not match the 4 members listed as present, so individual votes are not shown (a member arrived late or left early).

From the minutes

“MOTION moved by Mrs, Mackenzie to approve the change of Manager for Wines and More to Jonathan Gentile seconded by Mr. Gallivan VOTED 5-0-0.” (second: Gallivan)

Read it in the official minutes, page 15 (PDF)

Designate the Town Administrator to work with Town Counsel to issue a response to the Open Meeting Law Complaint from Christopher Mackenzie dated December 30,2019 on the Board's behalf…

Minutes, page 20

ApprovePassed · 3–1

MOTION moved by Mr. Barrett I hereby move to designate the Town Administrator to work with Town Counsel to issue a response to the Open Meeting Law Complaint from Christopher Mackenzie dated December 30,2019 on the Board's behalf consistent with the Board's review of the Complaint and its ee ae === January 7, 2020 discussion of the Complaint at tonight's meeting. Seconded by Mr. Gallivan

The minutes give the count and say “Mr. Salvatore opposed”, which does not match the count, so individual votes are not shown.

From the minutes

“MOTION moved by Mr. Barrett I hereby move to designate the Town Administrator to work with Town Counsel to issue a response to the Open Meeting Law Complaint from Christopher Mackenzie dated December 30,2019 on the Board's behalf consistent with the Board's review of the Complaint and its ee ae === January 7, 2020 discussion of the Complaint at tonight's meeting. Seconded by Mr. Gallivan VOTED 3-1-0 (Mr. Salvatore opposed).” (Motion: Barrett, second: Gallivan)

Read it in the official minutes, page 20 (PDF)

Approve the request for reimbursement for Chapter 90 project 19-0] Paving and Resurfacing in the amount of $796,902.62 and to sign the document

Minutes, page 21

ApprovePassed · 5–0

MOTION moved by Mrs. Mackenzie to approve the request for reimbursement for Chapter 90 project 19-0] Paving and Resurfacing in the amount of $796,902.62 and to sign the document seconded by Mr. Gallivan

The count (5-0-0) does not match the 4 members listed as present, so individual votes are not shown (a member arrived late or left early).

From the minutes

“MOTION moved by Mrs. Mackenzie to approve the request for reimbursement for Chapter 90 project 19-0] Paving and Resurfacing in the amount of $796,902.62 and to sign the document seconded by Mr. Gallivan VOTED 5-0-0.” (Motion: Mackenzie, second: Gallivan)

Read it in the official minutes, page 21 (PDF)

Approve the request for One day all alcoholic license for knights of Columbus for January 11,2020

Minutes, page 21

ApprovePassed · 5–0

MOTION moved by Mrs. Mackenzie to approve the request for One day all alcoholic license for knights of Columbus for January 11,2020 seconded by Mr, Gallivan

The count (5-0-0) does not match the 4 members listed as present, so individual votes are not shown (a member arrived late or left early).

From the minutes

“MOTION moved by Mrs. Mackenzie to approve the request for One day all alcoholic license for knights of Columbus for January 11,2020 seconded by Mr, Gallivan voted 5-0-0.” (Motion: Mackenzie)

Read it in the official minutes, page 21 (PDF)

Accept with gratitude the following donations 1. Fisher Sunshine Fund to Veterans Committee $45.00(1-9) 2. New pond Village Association to Library gifts $500.00 (1-10) 3. Lorraine M’Cabe to…

Minutes, page 22

ApprovePassed · 5–0

Motion MOTION moved by Mr. Salvatore to accept with gratitude the following donations 1. Fisher Sunshine Fund to Veterans Committee $45.00(1-9) 2. New pond Village Association to Library gifts $500.00 (1-10) 3. Lorraine M’Cabe to Fire Gift Account $25.00(1-11) 4. Yuan & Catherine Chen, Fire Gift Account $200.00(1-12) 5. Helen Hourihan, COA Gift Account $100.00(1-13) Seconded by Mr. Gallivan

The count (5-0-0) does not match the 4 members listed as present, so individual votes are not shown (a member arrived late or left early).

From the minutes

“motion MOTION moved by Mr. Salvatore to accept with gratitude the following donations 1. Fisher Sunshine Fund to Veterans Committee $45.00(1-9) 2. New pond Village Association to Library gifts $500.00 (1-10) 3. Lorraine M’Cabe to Fire Gift Account $25.00(1-11) 4. Yuan & Catherine Chen, Fire Gift Account $200.00(1-12) 5. Helen Hourihan, COA Gift Account $100.00(1-13) Seconded by Mr. Gallivan VOTED 5-0-0.” (Motion: Salvatore, second: Gallivan)

Read it in the official minutes, page 22 (PDF)

V. TOWN ADMINISTRATORS UPDATE

Approve the minutes of December 3, 2019

Minutes, page 22

ProceduralPassed · 5–0

MOTION moved by Mrs. Mackenzie to approve the minutes of December 3, 2019 seconded by Mr. Gallivan

The count (5-0-0) does not match the 4 members listed as present, so individual votes are not shown (a member arrived late or left early).

From the minutes

“MOTION moved by Mrs. Mackenzie to approve the minutes of December 3, 2019 seconded by Mr. Gallivan VOTED 5-0-0.” (Motion: Mackenzie, second: Gallivan)

Read it in the official minutes, page 22 (PDF)

Approve the minutes of December 17, 2019

Minutes, page 22

ProceduralPassed · 5–0

MOTION moved by Mrs. Mackenzie to approve the minutes of December 17, 2019 seconded by Mr. Gallivan

The count (5-0-0) does not match the 4 members listed as present, so individual votes are not shown (a member arrived late or left early).

From the minutes

“MOTION moved by Mrs. Mackenzie to approve the minutes of December 17, 2019 seconded by Mr. Gallivan VOTED 5-0-0.” (Motion: Mackenzie, second: Gallivan)

Read it in the official minutes, page 22 (PDF)

From the Walpole Select Board’s official minutes: 2018 to 2024 from the town’s Document Center (Agendas & Minutes, Select Board), and 2025 on from its Agenda Center. We check every vote against the Select Board members present and quote the exact wording. MassVoter never grades or scores officials. Photos: the members’ own campaign Facebook pages (Allyson Hamilton, Glenn Maffei, Benjamin Barrett, James O’Neil); Walpole Media Corp (Mark Gallivan, “Mark Gallivan Candidate Special,” June 2020); the Town of Walpole’s Annual Town Reports (Nancy Mackenzie, 2019 report, board photo with name card; David Salvatore, 2020 report, board photo); Hometown Weekly (Ann Ragosta, “An Outside View,” November 2018). No photo found for Eric Kraus.

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