ROYALSTON—After reviewing some concerning legal language, the town has opted to find a new home for its flags during the holidays.
Royalston resident Beth Hastings, an alternate member of the town’s Historic District Commission, had hoped that the Selectboard would approve the placing of 33 American flags on a number of utility poles around The Common and in the South Village in time for Memorial Day, to remain in place until Labor Day. The initiative was undertaken by Hastings in memory of her late husband, Glenn, who had served as an air traffic controller in the U.S. Army and died in 2021.
The Selectboard, however, was unable to get all of its questions answered in time to mount the flags this year. At the board’s most recent meeting on Aug. 15, Chair Deb D’Amico said an effort will be made to put the flags up next year, but they won’t be going on any utility poles, which are owned by both Verizon and National Grid.
To mount the flags on those poles, D’Amico explained, Royalston would need to enter into a formal agreement with both utilities, which would involve some liability on the town’s part. The proposed agreement was sent to Town Counsel and the town’s insurance agent for review. Both advised against signing the document, as it puts the town at risk. When asked to remove the clause, D’Amico said Verizon refused.
“They reiterated; ‘If you do not sign this, do not put anything on our poles,’” D’Amico said. “They will be watching.”
Via email, D’Amico wrote on the nature of any potential liability, that “legal counsel advised against entering into the agreement with the utilities because the indemnity clause in the agreement is overly broad, in counsel’s opinion, putting the town at risk. At counsel’s suggestion we asked the utilities to remove the clause, but they refused to do so.”
D’Amico suggested the board go with its backup plan, having the Public Works Department erect its own poles next to the utility poles.
Former Selectboard member Gary Winitzer questioned the opinion of the town’s attorney. He said the agreement is the same as that signed by Winchendon and Athol. Winitzer said he had provided the board with a copy of the agreement that Winchendon had signed.
“I have no idea whether or not the town of Winchendon had their Town Counsel look at this. They may have just signed it without having counsel look at it. We don’t know that,” said D’Amico. “Yes, there are lots of towns around us who have attachments on the poles; I don’t what their agreement was, who they consulted. In my opinion it would be unwise to go against what Town Counsel is advising, otherwise why do we have one?”
Board member Rick Martin said the board should work with the DPW to erect the poles and mount the flags. D’Amico said she would inform Hastings of the board’s decision and advise her to work with Public Works Director Jaret Thiem on the project.
“We’ve got from now until Memorial Day next year,” Martin said. “If we hear anything different, we can go back to the (utility) poles, but I think we accomplish the same purpose by having the flags up in the town. So, we’re not losing anything if they’re not on those poles.”
Reached via phone, Hastings said she was disappointed by what occurred at the meeting, that she had been told by D’Amico that the board’s plan called for placing the flags around The Common but not in the South Village.
“I don’t know where the miscommunication is, but there obviously is a lot of it,” she said
In D’Amico’s email, however, she reiterated, “The Selectboard is in favor of a project to place flags along the Common and in South Royalston, but not on utility poles. Our DPW supervisor is willing and ready to work with Beth on this project to figure out how this can be accomplished.”
Hastings said she hopes to be able to get to the next meeting of the Selectboard, currently scheduled for Sept. 7, in order to get the issue resolved.
Greg Vine can be reached at gvineadn@gmail.com.