Town of Warwick Selectboard January 19, 2016 Minutes Members present: Dawn Magi, Lawrence Pruyne, Nick Arguimbau Others present: Town Coordinator David Young, Town Secretary and Town Clerk Rosa Fratangelo, Highway Superintendent Larry Delaney, Police Chief David Shoemaker, Broadband Committee Chair Tom Wyatt, Lloyd Goodnow, Chris Goodnow, Special Police Officer Bruce Kilhart Jon Calcari, Jared Robinson (Athol Daily News), Rachel Rapkin (Greenfield Recorder) I. Call to Order Chair Magi called the meeting to order at 6:00 pm in the Town Hall. II. Minutes Pruyne MOVED to approve the minutes of December 21, 2015 as printed. Arguimbau SECONDED. Motion CARRIED 3-0-0. III. Presentations and Discussions 1. Pipeline--Pruyne said that he had received an Email from Miryam Williamson requesting that she serve on the Massachusetts Coalition against the Pipeline (MCAP). Arguimbau MOVED to appoint Miryam Williamson Warwick's representative to the Massachusetts Coalition against the Pipeline. Pruyne SECONDED. Motion CARRIED 3-0-0. There was a consensus of the Board that Miryam Williamson should be thanked for her willingness to serve in this capacity. Young said that the Planning Board was looking at the potential pipeline construction project and wanted to post our own weight limits on the main roads and bridges. Highway Superintendent Larry Delaney said that we have three bridges in town to be posted. Young suggested language for signs on the bridges and on Route 78 at the borders of Orange and Winchester: "not a State Highway Local permits for overweight and over-length required". Police Chief David Shoemaker said that he was in favor of anything that clarifies limits and lets requirements be known. He said that the Police Department should be notified ahead of time for any overweight or over-wide loads that will be going through Town due to safety issues, especially where there are curves on the road. Young said that according to the Code of Massachusetts Regulations (CMR) Route 78 is not on the list of roads where over-wide permits from the State are applicable. It was noted that the Selectboard is in charge of roads but had previously assigned authority for road issues to the Police Chief. Shoemaker said that historically loads over 10 feet in width are not allowed unless it either begins or ends in Warwick. Lloyd Goodnow of Goodnow Trucking, Inc. and Timber Harvesting said that he had received a cease and desist order from Town Counsel. Goodnow stated that the Town had no objective criteria for this and because he is essentially stopped from logging in Warwick that his right and ability to work is being infringed upon. Young said that the standards need to be determined by a committee and said that notice to the Police Department of the time and date of an overweight or over-wide load would be needed to haul through town. Goodnow handed out copies of the letter received from Town Counsel Jeremia Pollard which read in part "...to cease and desist any further travel on Route 78 in Warwick with any over-wide vehicles, or any other unauthorized vehicles." Pruyne suggested that they could be allowed through town with a police escort. Chris Goodnow said that the state permit should expressly exclude Route 78 to indicate that there is no travel through town allowed. Young pointed out that the letter from Town Counsel advised the state permit does not include Route 78 and that an over-wide load is not permitted. Young acknowledged that because Goodnow has business to conduct on Route 78 the Police Chief would authorize a permit. Chief Shoemaker told the Goodnows to pick up the phone and call Warwick P.D. and that they would hear back in a timely fashion. He noted that any extra legal load is subject to being stopped for a permit check. The Chief said that the Goodnows have a job to do, and a phone call from them to WPD would help to insure safety. Lloyd Goodnow suggested obtaining an annual permit. Jon Calcari suggested a meeting between the Selectboard, the Goodnows and a representative from the D.O.T. to iron out the differences. Young said that CMR 700 is clear that Route 78 is not covered under a State permit. He also said that he would check with Orange and Winchester about placing limit signs in Warwick and for now Town Counsel's letter stands. Magi said that the Goodnow's business was being impacted some further research was needed and a meeting should be scheduled as soon as possible. She also said that the Highway Superintendent and Police Chief should also be included in the meeting, along with herself and David Young. Lloyd Goodnow said that he was agreeable to another meeting. Pruyne said that he was very hesitant to limit businesses operating in Warwick and wanted favorable conditions that make it easy for them to work here; Magi concurred. Young said that it is State code of regulations and not Town By-laws that indicate Route 78 is not included in a State permit. Arguimbau MOVED to repeal the cease and desist order from Town Counsel for "unauthorized vehicles". Motion FAILED for Lack of Second. Lloyd Goodnow said that he cannot allow this to stand without objective criteria in rule making because this cannot be arbitrary. Pruyne said that the term "unauthorized vehicles" was too imprecise and nebulous. Magi and Pruyne wanted to table Arguimbau's motion until more information has been gathered. Delaney said that the signs should cover various wheel bases for vehicles. Magi said that we should double check with the State to insure the posting criteria are correct and accurate. Delaney explained that the bridge law differs for the number of axles on a vehicle and said that a total of six signs (2 each for three bridges) would not be too much of an expense. There was a consensus of the Board to post signs with correct language for each bridge. Young brought up the NED Pipeline Defense Donation Account, saying the pipeline opposition needs funding for legal defense. He said that the Selectboard would be in charge of the donation account. Arguimbau MOVED to set up a Donation Account to fund opposition to the Pipeline to be administered by the Board of Selectmen. Pruyne SECONDED. Motion CARRIED 3-0-0. Arguimbau said that he though it appropriate for the Town to make a donation to this account based on what other towns of similar size have made. He asked Young to research this and prepare a warrant article for Annual Town Meeting. Young suggested having someone with a particular passion for this issue to conduct the research. Magi said that she was not in favor of Town funds being donated, favoring instead donations from individuals. Pruyne said that the Pipeline is the biggest battle facing the town and that the vast majority of residents are opposed to it, and he felt an ATM warrant article was a legitimate thing to do. Young pointed out that any funds donated by the Town would be used for a specific effort and not put into the donation account. He indicated research, litigation or research that leads to litigation would likely be funded if the Town Meeting voted funds be donated. Arguimbau said that he will do the research and contact No Fracked Gas in Mass. 2. Green Communities Grant Update--Young said that projects at the two Highway buildings, the Police Station, the Library and Town Hall had been concluded at a total cost of around $81,000.00. He said that the Buildings and Energy Committee was studying the most effective use for the remaining funds of around $50,000.00. 3. WCS Facility Improvement Plans Report--Young said that the Pioneer Valley Regional School District (PVRSD) had contacted him regarding Warwick Community School (WCS) capital items through FY 2020. He noted that he preferred to call these facility improvement expenses because the definition of capital has yet to be agreed upon. PVRSD is proposing door locks and an HVAC upgrade for FY 2017, replacement of the dishwasher and Art Room doors in FY 2018, replacement of entryway and hallway carpet in FY 2019 and carpet replacement in for classrooms in FY 2020. Young expressed reservations about upgrading the HVAC at this point. 4. Warwick Broadband LTE Trial and MBI Grant Report--Young said that we received a $5,000.00 planning grant from MBI for the LTE (Long Term Evolution) trial. Tom Wyatt noted that at a recent WiredWest meeting it was said that Warwick is the only town that has been able to make wireless work. Young had submitted a progress report to MBI on the LTE trial, which was included in the Board's meeting packets. 5. MBI and WiredWest --Wyatt said that he had drafted a response to the RFP # MBI-2016-02, 2016 previously released for municipal review and comment because the deadline for responses was January 15th and The Selectboard would not have met prior to that date. Wyatt said that because the deadline was extended to January 29th he drafted another response for the Board to review and sign if they wished to do so. He passed out copies of his updated draft letter and reviewed the salient points with the Board. Wyatt said that he felt WiredWest has had more active participation by the towns and less by the executive committee. Arguimbau said that he felt Wyatt should submit his own letter because the Board has not had time to properly review the RFP, although Magi and Pruyne had already signed Wyatt's letter. Pruyne MOVED to have Tom Wyatt submit the letter under his signature. Arguimbau SECONDED. Motion CARRIED 3-0-0. 6. Highway--The Highway Department's FY 16 expense budget was discussed, with figures through warrant #15. Delaney said that about 37.8% of funds have been spent so far this fiscal year, and about 46.6% of the snow and ice budget has been expended. Delaney had been concerned comp. time will come out of the regular budget but Young said that he fixed this so it will come out of snow and ice instead of the past accounting practice of taking it out of regular Highway budget if the time is not taken during the winter season. 7. Solid Waste District--Young said that we had previously leased-to-own the paper compactor, which we now own outright. The Franklin County Solid Waste Management District (FCSWMD) now wants to take back one of the two shipping containers used for recyclables because they are short one container and they feel we do not ship often enough. Young said that we do not have to be under District procurement and that he wanted the option to negotiate with other haulers. Young said that the way we currently handle things is cost effective and that we should not be penalized for being efficient. He explained that it would cost $600.00 per year to rent another container if FCSWMD takes back one of the recyclables containers currently used at the Transfer Station. Arguimbau MOVED to deny authority for voiding the contract. Motion FAILED for Lack of Second. There was a consensus of the Board that Young gather more information and get back to them before making a decision. 8. Update FRCOG LTA Technical Assistance Request--Young asked that the Board approve an Orange ambulance study as a Community Compact (CC) Project in order to obtain some technical assistance funding. Our other CC project is the ClearGov.com Financial Transparency project. Arguimbau MOVED to add a regional ambulance study to the Massachusetts Community Compact Projects. Pruyne SECONDED. Motion CARRIED 3-0-0. 9. Orange Ambulance Cost Sharing--Young said that he, Bill Lyman, and Bruce and Nancy Kilhart attended the first stakeholders meeting of Orange Ambulance with FRCOG planning assistance. He said that Orange wants to increase the assessments for the towns served by their ambulance service (Warwick, Wendell, New Salem and half of Erving), and that the assessment could be as high as $40,000.00; our current assessment is $8,800.00. Young said that he wanted to know the basis for the assessment, and noted that 85% of ambulance business was either from Orange or transport, leaving just 15% for the surrounding towns served. He said that Orange claimed a loss of $170,000.00 in each of the past two years. Bruce Kilhart said that ambulances from Athol, Northfield or Winchester have come here when Orange was unavailable. He noted that the average number of runs per year to Warwick is 33. Young pointed out that Warwick has the oldest median age of all Franklin County towns. He pointed out that the FY 17 assessment will likely precede any results of the FRCOG technical assistance, and also said that in his opinion our contribution is adequate at its current level. 10. ClearGov.com Financial Transparency Project Report-- Young said that he was working on the financial transparency project which he expected to launch within a week. He also said that how to promote the project on the Warwick website was under discussion. 11. Selectboard Reports--None. 12. Coordinator Report--Nothing was added to the printed Coordinator Report. 13. Public Comment-- None. 14. New and Other Business Unanticipated at Time of Meeting Posting -- None. IV. Adjournment At 8:40 p.m., Pruyne MOVED to adjourn. Arguimbau SECONDED. Motion CARRIED 3-0-0. Documents consulted at this meeting: *Draft Minutes of December 21, 2015 Selectboard meeting *Town Coordinator Report dated January 14, 2016 * Letter from Jeremia Pollard to Goodnow Trucking, Inc. *Warwick LTE Trial Interim Report dated January 7, 2016 *Draft Letter from Broadband Committee Chair Tom Wyatt to MBI Executive Director Erik Nakajima dated January 15, 2016 *Revised draft Letter from Broadband Committee Chair Tom Wyatt to MBI Executive Director Erik Nakajima dated January 19Massachusetts Technology Collaborative Request for Proposal for *Design and Engineering Support Services for the Last Mile Networks Project RFP # MBI-2016-02, 2016 (draft released for municipal review and comment on December 24, 2015) *Review of MTC/MBI D/E RFP by Jim Drawe dated January 10, 2016 *Emails between Chris Bullock of ClearGov.com, Town Coordinator David Young and Warwick website webmaster Edward lemon dated January 14 and 18, 2016 *Warwick Highway FY 2016 Expense Budget through Warrant #15 *Emails between David Young and Gail Healy, Elizabeth Musgrave and Steve Field Re: Warwick capital requests dated January 6, 2016 *Pioneer Valley Regional School District list of Warwick Community School Capital Projects for Consideration for FY 2016, FY 2017, FY 2018, FY 2019 and FY 2020