Use this search box to find articles that have run in our newspapers over the last several years.

Counsel supports Foster’s denial of RECC motion

Date: 10/29/2015

LONGMEADOW – Town Counsel David Martel issued an opinion that Chair Richard Foster’s decision to deny a motion during the Select Board’s Oct. 5 meeting was legal and, in fact, the motion in question was in violation of the town’s laws.

Foster refused to accept Selectman Mark Gold’s motion to allow Longmeadow to continue to the next research stage for the proposed Hampden County Regional Emergency Communications Center (RECC) but omit the Greenwood Center as a potential site. Ultimately, the board approved a motion to continue without the stipulation regarding the Greenwood Center 4-1, but Foster’s actions were questioned and a legal opinion was sought.

Martel stated in a memorandum to the Select Board and Town Manager Stephen Crane dated Oct. 15 that Gold’s motion was illegal because it did not follow the town charter.  

“First, in my opinion Section 5-2 (k) of the town charter is clear that the town manager has the decision making authority over rental and use of town buildings, which included [the] Greenwood Center,” Martel stated in a memorandum. “The impact of Mr. Gold’s motion would be to take that authority away from the town manager since it would preclude the use of [the] Greenwood Center as the dispatch center, a decision which would be for the town manager to make.”

He added that Foster’s decision to rule Gold’s motion as out of order is supported by Robert’s Rules of Order.

“Among the motions that the chair may rule out of order are so-called ‘dilatory and improper motions,’” Martel noted. “The latter category includes the motions ‘that conflict with the corporate charter, constitution or bylaws of a society’ a broad term which would include town government … Furthermore, ‘if any motion of this kind is adopted, it is null and void.’ It was therefore within Mr. Foster’s discretion to rule Mr. Gold’s motion out of order.”

Gold said he considers the issue behind the board at this point.

“I accept [Martel’s] ruling,” he noted.

Foster told Reminder Publications he believes it’s too early to tell whether the Greenwood Center would be a viable site for the RECC.

“Any consideration or talk about this is very premature because they’ve got to look at all the other sites available across all the other communities,” he explained. “I understand there are some very attractive sites that are starting to show up.”

Crane said one site currently being examined is in the Ludlow Mills.

Foster said he doesn’t believe the Greenwood Center would be chosen as the final site.

“We also have the possible relocation of the [Adult Center] coming up,” he added. “The Adult Center is currently located at the Greenwood Center, so six to eight, nine months down the road when these studies start coming back and saying where it would be best placed for the community, we may have a situation where we have an Adult Center that has been voted to be removed from the Greenwood Center … There may be a situation where we’re not displacing anything.”

Crane said the board did not take a vote to appoint members to the RECC?Planning Committee, but those three individuals would likely include Crane, Police Chief John Stankiewicz and Fire Chief John Dearborn.