September 10, 2018

*Motion: That the Select Board approve the following resolution: WHEREAS: National Grid maintains critical infrastructure in Winchester which provides natural gas to area residents and businesses; and WHEREAS: United Steelworkers Local 12012, District 4, and Local 12003, District 4, represent the men and women who install, operate and maintain gas lines and projects within the Town of Winchester; and WHEREAS: Member of United Steelworkers Local 12012 district 4 live and work in Winchester: and WHEREAS: The safety and wellbeing of National Grid customers and the general public is contingent upon high quality and well-trained employees performing services and line inspections on gas projects; and WHEREAS: A prolonged lockout of National Grid gas workers raises safety concerns for the general public and strains service to National Grid customers; and WHEREAS: Massachusetts G.L. Chapter 164 "Manufacture and Sale of Gas and Electricity," Section75 states that municipal authorities "may regulate, restrict and control all acts and doings of a corporation… which may in any manner affect the health, safety, convenience, or property of the inhabitants of their towns; now therefore be it RESOLVED: That the Select Board urges National Grid to end the lockout of its United Steelworks Local gas workers so that gas line maintenance, inspections, services, and repairs may continue to be performed by high quality, well-trained, and experienced employees; and be it further RESOLVED: That the Select Board urges National Grid to agree to a fair and equitable contract that provides for competitive wages and benefits commensurate with the technical skills and qualifications possessed by the members of United Steelworkers Local 12012 and Local 12003: and be it further ORDERED: That the Town Manager be and hereby is requested to work with the relevant Departments to provide increased oversight-including review of contractor credentials, increased safety inspections, and frequent monitoring of all work being done during the lockout of National Grid's workers-to ensure that the safety of Winchester residents is not compromised. No permit shall be issued until the Select Board determines that the project can be conducted safely. Goluboff - Bettencourt Selectman Errico raised the question of whether there is a risk for challenge to this resolution by a developer seeking to make a gas installation. Special Counsel Welch explained that a municipality cannot enact an ordinance that frustrates the fundamental State policy of ensuring uniform and safe utility service. In this instance, the Select Board is limiting the issuance of a street opening permit to a review that street opening permit by the Select Board. He pointed out that street opening permits are issued by the Department of Public Works. A Grant o f Location Petition is approved by the Select Board and is covered under a different statute. Selectman Errico noted that National Grid has stated that the installers are qualified, therefore the Town could be open to litigation. Select Board member Welch commented that she feels that staff should be able to make the day to day decisions. *Amendment: That the resolution offered be subject to review by future action of the Select Board. Goluboff - Bettencourt In favor: Goluboff, Bettencourt, Grenzeback Opposed: Errico Abstaining: Welch VOTED.

Yes: Bettencourt, Goluboff, GrenzebackNo: ErricoAbstained: Welch

*On the Amended Main Motion: In favor: Goluboff, Bettencourt, Grenzeback Opposed: Errico Abstaining: Welch VOTED.

Yes: Bettencourt, Goluboff, GrenzebackNo: ErricoAbstained: WelchVote on the amended main motion (the resolution on the National Grid lockout); the amendment and the main motion appear above it in the minutes.