Town of Warwick Selectboard November 2, 2009 Draft Minutes Members present: Rick Abbott, Nick Arguimbau, Patricia Lemon Others present: Town Coordinator David Young, Town Secretary Rosa Fratangelo Calcari, Broadband Committee members Reva Reck and Miryam Williamson, Tax Collector/Treasurer Terry Kemerer, Buildings and Energy Committee member Dan Dibble, Dawn Magi, Gail Beauregard, Jon Calcari Call to Order Chair Arguimbau called to order at 6:04 p.m. in the Warwick Free Public Library. Minutes An Email with Lemon's corrections for the October 19, 2009 minutes did not reach the Town Secretary and were not included in the printed copy. Lemon MOVED to postpone approval of the October 19, 2009 minutes until the next meeting. Abbott SECONDED. Motion carried by a vote of 3-0-0. Presentations/Discussions 1. Mass Tech Solar Project for Town Hall -- Young said that we have earned almost $6,000.00 in matching funds from Warwick residents enrolling in Green electrical power. The Chair needs to sign the grant agreement, and the grant package must be submitted to Mass Technology Collaborative by November 30, 2009. The Buildings and Energy Committee has been working on eligible projects, and decided on a 1 kilowatt photovoltaic array on the south-facing roof of Town Hall. Young said that an additional sum could be taken from the Town hall Improvement account, and that the Kurkoskis are working on procuring price quotes. Dibble explained that the Town Hall was ultimately chosen over the Highway barn and WCS because it has the greatest visibility to the public. He said the Buildings and Energy Committee recommends the town place a 1 kW solar electric system on the Town hall roof. He estimated that the system would generate 1,200 kilowatt hours per year. Lemon MOVED to authorize the Chair to sign the clean energy choice matching grant release application as described by David Young. Abbott SECONDED. Motion carried by a vote of 3-0-0. Arguimbau signed the grant agreement. Warwick Broadband Customer Premises Financing-- Reck said that the Broadband Committee looked at financing issue again, and still favors offering financing. The recommendation now carries the condition that anyone in arrears on property and/or excise taxes would not eligible for financing. Young said that Town Counsel is not in favor of any financing policy, but would be able to develop a contract document if so instructed. Young suggested accepting PayPal or credit card, or limited layaway where the customer would pay $75.00 per month and installation would occur once $225.00 is on account. Williamson asked the Board to send the issue back to the Broadband Committee for further review of enterprise fund data and the development of a business plan. Young pointed out that Williamson's past work indicated that two new financed subscribers per month is feasible. Tax Collector/Treasurer Terry Kemerer expressed opposition to financing, saying it was "risky and "not needed". Lemon MOVED to set up financing plan as recommended by the Broadband Committee. Arguimbau SECONDED, with a friendly amendment that the first time someone defaults, the Board will be notified and will address the issue of possibly terminating the program at the next meeting. Motion carried by a vote of 2-0-1. Abbott abstained from participating because his son is trying to finance broadband. Set date for Richmond Road Pole Hearing -- Young said this involved proposed pole relocation, and recommended four weeks from tonight. Lemon MOVED to set pole hearing for Richmond Road Monday, November 30, 2009 at 7 pm in the Warwick free Public Library. Abbott SECONDED. Motion carried by a vote of 3-0-0. 4. MOA between Town of Warwick and Terry L. Kemerer -- Kemerer proposed becoming a reseller of Warwick broadband, where he would sell systems out of town and split any income 50-50 with the Town of Warwick. Young said this is essentially the same agreement the Town has with WiValley. Kemerer would be serving out of town entities not otherwise served by Warwick Broadband. Young said he will refer any out of town subscribers to Kemerer and Wivalley. Arguimbau inquired about potential conflict of interest, as Kemerer is also a Town employee. Kemerer said that he had spoken with an Ethics Commission attorney who was checking into it but had yet to get back to him with an opinion. Arguimbau MOVED approval and to authorize the Chair to sign the MOA with the condition that Kemerer will inform the Board if there is an adverse ruling from the Ethics Commission and the Board would be entitled to revoke the agreement. Lemon SECONDED with the friendly amendment that Kemerer inform the Board of the Ethics Commission's ruling, and if it is adverse, the Board may revoke the agreement. Motion carried by a vote of 3-0-0. 5. Selectboard Reports -- Lemon said that she did not attend the Green Communities meeting on October 29th. Abbott reported on the FRCOG Council meeting of October 29th. He said that the State is significantly changing the ethics rules, including the addition of a tenth reason to hold executive session. He noted that the open meeting law will become the purview of the Attorney General's office. Abbott also brought new disaster response related materials for the Board of Health. 6. Town Coordinator Report -- Young said that the FY 11 budget process began last week, and asked the Board for instruction regarding the cost of living figure. Lemon said that she was no prepared to make a recommendation at this meeting, but Young reiterated the need for the Board's instruction to provide a starting point that allows the budget process to get underway. Abbott said we need to be "stingy"; Magi and Beauregard both agreed. Arguimbau said that he was reluctant to recommend a 0% COLA but that in light of comments that it is easier to amend the budget proposal upward than downward, he would support it. Lemon MOVED to instruct departments, boards and committees to propose a 0% increase for pay. Abbott SECONDED. Motion carried by a vote of 3-0-0. Based on a paragraph in Young's Coordinator report, Arguimbau does not wish to pursue outsourcing of broadband management. New and Other Business -- Young sought and received Town Counsel's written opinion after the ZBA requested the Board to obtain legal advice from Fred Dupere regarding a special permit for a commercial establishment and any requirement for parking availability as part of said permit. Lemon noted that there was no reason to make any decision because people have the right to park on the streets. Copper Angel Bakery co-owner Gail Beauregard said that the busiest time is for three hours on Sunday mornings, and that the Church provided a written agreement allowing the use of its parking spaces. Lemon MOVED to forward Town Counsel's letter to the ZBA without comment except for concurrence with the statement "The ZBA, however, would not have the authority to place any restriction on business patrons' access to municipal/public parking". Arguimbau SECONDED. Motion carried by a vote of 2-1-0; Abbott voted "Nay". IV. Public Comment None. V. Adjournment Lemon MOVED to adjourn the meeting at 8:00 pm. Arguimbau SECONDED. Motion carried by a vote of 3-0-0. Minutes taken by Rosa Fratangelo Calcari