Town of Warwick Selectboard March 28, 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, Broadband Committee Chair Tom Wyatt, Broadband Committee member Andrea Woods, Moderator David Koester, Buildings and Energy Committee member Janice Kurkoski, Warwick Representative to the Municipal Coalition Against the Pipeline and ZBA member Miryam Williamson, John Gagliani, Elaine Reardon, Conservation Commission member Alan Berman Betsy Alkins, Bob Kirley, Steve Ruggiero, Jon Calcari, Jared Robinson (Athol Daily News) 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 February 29, 2016 as printed. Arguimbau SECONDED. Motion CARRIED 3-0-0. III. Presentations and Discussions 1. Gas Pipeline--Miryam Williamson said that the Town of Montague has been accepted as a full intervener in a proceeding at the Massachusetts Department of Public Utilities that will determine the outcome of a contract for Berkshire Gas to use the supple path of the proposed NED gas pipeline. She read aloud a news release from the Town of Montague. Williamson then told the Board that Montague has appropriated $15,000.00 to help pay legal expenses of DPU docket 15-178. She said that Gill has appropriated $5,000.00 and Northfield appropriated $5,000.00 last year and has an additional appropriation for this year's Annual Town Meeting. She noted Wendell has an article for $2,500.00 on their 2016 ATM warrant, while Leverett has one for $5,000.00 on theirs. Williamson said that Conway is considering a $5,000.00 while Deerfield is considering $10,000.00 and Ashfield may decide on a figure as well. Williamson cautioned that there is nothing definitive as to where in Warwick the Pipeline may go, and noted that all 11 towns in the Coalition are being asked to contribute to the fund for legal expenses. She asked the Selectboard if they feel it is in Warwick's best interest to contribute as well, and asked for a one-time $5,000.00 transfer from the snow and ice budget. Young urged the Board to consider funding apart from the suggested funding source as they cannot transfer from the snow and ice budget. He noted that if the snow and ice budget were to be reduced, it become ineligible for deficit spending. Young confirmed that a donation account for legal defense against the Pipeline exists. He suggested a transfer from the Mary Ann Hastings fund, as historically Annual Town Meeting votes to replenish funds used from this account. Young said that the sum of $1,500.00 has been encumbered to our Legal Defense fund, but for the zoning case against Wagon Wheel Campground. John Gagliani expressed concern over the possibility of State ethics violations if the Selectboard dictates funding sources rather than waiting for the Annual Town Meeting vote. Ruggiero said that the vote should be done at the ATM and not by the Selectboard. Willaimson reminded everyone that the Coalition is working for the interests of all 11 towns. Betsy Alkins noted that although the Pipeline is not slated to go through Gill or Wendell, as neighboring towns they care about preventing the Pipeline. Elaine Reardon listed concerns of the Pipeline's potential negative impact on things ranging from public health and safety to air and water quality, and increased danger for devastating fires. Williamson noted that the purpose of Montague's intervener status is to examine the relationship between Berkshire Gas and Kinder Morgan, not to actually stop the Pipeline. Janice Kurkoski said that individuals in town have been making private contributions to the donation account over the past couple of years, and that she felt it is important to follow up on the 2014 non-binding referendum by making a monetary contribution as a Town. Magi said that she does not want the Pipeline, but cautioned that we need to be mindful of the Town's budget. She said that she did not believe the Town could afford $5,000.00 and favored the amount of $2,500.00 as a reasonable figure for the size of our town. Pruyne MOVED to place an article on the May 2, 2016 Annual Town Meeting warrant for $3,000.00 to be appropriated from Free Cash to support Montague's DPU intervention. Arguimbau SECONDED. Motion CARRIED 3-0-0. Young said that he will consult with Town Counsel for the appropriate wording for the article. 2. ZBA Article for 2016 ATM --Young explained that currently if a ZBA member misses a meeting he or she cannot vote or otherwise act on the matter before the Board. Miryam Williamson has suggested that the Town accept MGL 39:23D which allows a Board member to miss one session of an adjudicatory hearing and be able to vote or otherwise act on the matter as long as that member certifies in writing that he or she has reviewed all evidence from the missed hearing. Young was in favor of adopting this local option law. Pruyne MOVED to place an article on the May 2, 2016 Annual Town Meeting warrant to accept MGL Chapter 39 Section 23D. Arguimbau SECONDED. Motion CARRIED 3-0-0. 3. Appointments and Nominations--Young said that Leanne Limoges has agreed to serve on the Recreation Committee, and that it was time to nominate Rosa Fratangelo to the Department of Agriculture as Inspector of Animals. Arguimbau MOVED to appoint Leanne Limoges to the Recreation Committee. Pruyne SECONDED. Motion CARRIED 3-0-0. Arguimbau MOVED to nominate Rosa Fratangelo Inspector of Animals. Pruyne SECONDED. Motion CARRIED 3-0-0. 4. Delayed State Aid--Magi said that the Accountant was late again with filing the Schedule A with the DOR. Young noted that this lateness was habitual and that he needs to work with the Accountant to establish better expectations for the future. Andrea Woods suggested looking into FRCOG's accounting program. Young said that the cost might increase about 50% were we to go with FRCOG. Jon Calcari said that Accountant Janice Barrett should be present at a meeting where her work is being discussed, and asked if she had been asked to attend tonight's meeting. Young said that he had invited Ms. Barrett two weeks ago but she declined to attend a Monday night meeting. Magi said that a meeting needed to be scheduled with the Accountant, the Town Coordinator and the Selectboard to discuss matters further. Young noted that the late filing of Schedule A presents a cash flow problem, as we will not receive State aid until it is filed, but that once the filing is completed we will receive funds. Young will set up a meeting with the Board and the Accountant. 5. Broadband--Magi said that she and John Bradford attended a meeting in Wendell for several area towns involved in the Sub-regional Broadband group. She said that while all towns are interested in having internet, financial and topographical issues make it difficult to have all the towns agree on one way to proceed. Tom Wyatt said that MBI has released funds for 7 towns that are partially served by Comcast. He said that grants from MBI for fiber and hybrid models may become available. Young spoke about the map of wireless band assignments. He said that out of 430 potential residences in Warwick, all but 23 sites can receive broadband. He said that a proposed interim measure for the ATM would be a warrant article authorizing the $46,000.00 surplus from the Broadband Enterprise Fund be put towards wireless upgrades which could begin immediately. Wyatt read aloud the five points of Warwick and Fiber to the Home - Discussion of Decision Path. He said that he wanted to talk with both Young and Bradford before the next Broadband Committee meeting. 6. Arguimbau Policy Proposal--Arguimbau had submitted for the Selectboard's consideration the following draft policy: "It is the policy of the Selectboard that if a Highway Department project is planned to be carried out by Highway Department employees with Chapter 90 funding of their wages and salaries, all necessary reviews and approvals of that project by town agencies and officials shall be complete prior to approval and submission of that portion of the Annual Meeting warrant stating tax-funded wages and salaries of the Highway Department, and prior to approval and submission of a Chapter 90 application relating to that project. This policy will be enforced to the extent feasible given time constraints for projects to be built in the year 2016-17, but will be enforced fully thereafter." Magi asked if the policy is redundant, as the DOT closely monitors how Chapter 90 funds are spent. Arguimbau stated that if we are going to use a percentage of Chapter 90 money to pay Highway Department workers we need to know what it will be used for prior to an ATM vote. Highway Superintendent Larry Delaney said that the problem has been that having to hit such a large target has kept him from planning other non-Chapter 90 projects that need to be done. He said that 104 days of work were budgeted for Chapter 90 projects this fiscal year which resulted in late garding the roads last fall, as everyone worked on Chapter 90 projects. Young said that there was a failure to plan ahead and that he was not happy with the speed at which Delaney addressed things that had been brought up. Young said that Delaney needed to make better plans. Delaney said that he preferred a fully funded budget as that would still allow for the ability to execute Chapter 90 projects. Woods said that the intent of Chapter 90 was for construction projects to maintain roads, not to pay wages for the Highway crew. She noted that over time our roads will deteriorate because we will be unable to pay for the necessary construction equipment and contractors to repair the roads and cautioned that eventually very costly repairs will become necessary. Woods pointed out that no other town in Franklin County does what Warwick did this fiscal year. Arguimbau said that 100% budgeting returns control to the Highway Department. Woods suggested banking some Chapter 90 funds each year to save towards a large project as many other towns do. Arguimbau MOVED to fully find the Highway Department for FY 17 and table the proposed policy. Magi SECONDED. Motion FAILED 1-1-1: Arguimbau - AYE; Pruyne - NAY; Magi -ABSTAIN. 7. Report on Actions Taken --Young said that the Town executed amendments to the Seaboard Solar net meter credit purchase contract. He said that he was contacted by DCR requesting a report on a small grant for the Fire Department, and that he forwarded the request to Fire Chief Ron Gates. 8. Authorizations-- Pruyne MOVED to authorize David Young to bid and contract FY 17 fuel oil and diesel and to allow the Town Coordinator to make the decisions on the contract and instruct FRCOG to bid and contract on our behalf. Arguimbau SECONDED. Motion CARRIED 3-0-0. Pruyne MOVED to authorize the Town to apply for bullet proof vests. Arguimbau SECONDED. Motion CARRIED 3-0-0. 9. Acceptance of FY 17 Enterprise Fund Budgets--Young reminded the Board that every year the Selectboard needs to vote to accept the proposed Enterprise Fund budgets for inclusion on the ATM warrant. Pruyne MOVED to accept the FY 17 Transfer Station Enterprise Fund of $30,400.00. Arguimbau SECONDED. Motion CARRIED 3-0-0. Pruyne MOVED to accept the FY 17 Broadband Enterprise Fund budget of $104,400.00. Arguimbau SECONDED. Motion CARRIED 3-0-0. 10. Report on FY 15 Annual Town Report--Young said that the FY 15 Annual Town Report is almost done, with only three reports outstanding. He said that the third and fourth grade class at WCS will provide the cover artwork. 11. FY 17 Budget and Articles--Young had included the first draft of the FY 17 omnibus budget and warrant articles for the ATM. He said that the current draft underfunds the Highway Department, includes the PVRSD Superintendent's budget, and a 1.25% wage increase for town employees. Young said the requested column reflects a 4.5% wage increase for town employees, which is the same increase that the school employees receive each year, and the School Committee voted PVRSD assessment for Warwick. Magi said that she wanted PVRSD Superintendent Ruth Miller's budget in the recommended column, as it was well thought out and reasonable. Magi hoped for passage of the lower assessment. Pruyne MOVED for the 1.57% increase in the amount of $833,318.00 for the recommended column for the Pioneer assessment, a 1.25% wage increase for Town employees and a fully funded Highway Department budget. Arguimbau SECONDED. Motion CARRIED 3-0-0. Magi suggested a separate article that if the requested PVRSD assessment is approved, then Town employees would also receive a 4.5% wage increase. 12. Selectboard Reports--Pruyne said that he spoke with the Fire Chief and found out that between unspent funds in a savings account and a CD that has yet to be cashed in, there will be sufficient funds to complete the new Firehouse building. 13. Coordinator Report-- Young had nothing to add to his written report. 14. Public Comment--Ruggiero asked if funds from the Recreation Committee budget could be used to repair or build a new shed to store the Rec. Committee equipment. Magi and Pruyne wanted a member of the Rec. Committee to come to a meeting to discuss the matter further. 15. New and Other Business Unanticipated at Time of Meeting Posting --None. IV. Adjournment At 8:37 p.m., Pruyne MOVED to adjourn. |Arguimbau SECONDED. Motion CARRIED 3-0-0. Documents consulted at this meeting: *Draft Minutes of the February 29, 2016 Selectboard meeting *Town Coordinator Report dates March 23, 2016 *News Release from Town of Montague Board of Selectmen dated January 13, 2016 *News Release from Town of Montague Board of Selectmen dated February 2, 2016 *Support Montague's Intervention on Local Gas Distribution Contract with NED Berkshire Gas - DPU Docket 15-178 *What if FERC finally meets a Pipeline it DOESN't like? *Letter from DLS Senior Deputy Commissioner Sean R. Cronin to David Young dated March 4, 2016 *Emails between Town Coordinator David Young and Broadband Committee Chair Tom Wyatt dated March 22, 2016 and between Monica Webb and WiredWest dated March 21, 2016 *Email from David Young re: Map of Wireless Band Assignments dated March 24, 2016 *Warwick and Fiber to home - discussion of decision path *Draft Policy of the Selectboard by Nicholas Arguimbau *Email from Massachusetts DOR to David Young re: Notificatiohn of Free Cash Approval - Warwick dated March 8, 2016 *Transfer Station Enterprise Fund figures FY 11 - proposed FY 17 *Proposed |FY 17 Broadband Enterprise Fund budget *Draft of FY 17 Omnibus budget and ATM warrant articles