Town of Warwick Selectboard May 23, 2016 Minutes Members present: Dawn Magi, Lawrence Pruyne, James Erviti Others present: Town Coordinator David Young, Town Secretary and Town Clerk Rosa Fratangelo, Broadband Committee Chair Tom Wyatt, Broadband Committee member John Bradford, Warwick Representative to the Municipal Coalition Against the Pipeline (MCAP) and ZBA member Miryam Williamson, Steve Ruggiero, Jon Calcari I. Call to Order Chair Magi called the meeting to order at 6:00 pm in the Town Hall. Reorganization of the Selectboard, which occurs after each election, was discussed. Pruyne MOVED that Dawn Magi continue as the Board's Chair, that Lawrence Pruyne be the Vice Chair and James Erviti assume the duties of Selectboard Clerk. Erviti SECONDED. Motion CARRIED 3-0-0. II. Minutes Erviti MOVED to approve the minutes of April 25, 2016 as printed. Pruyne SECONDED. Motion CARRIED 3-0-0. Erviti MOVED to approve the minutes of May 13, 2016 as printed. Pruyne SECONDED. Motion CARRIED 3-0-0. III.Presentations and Discussions 1. MGL Chapter 268 Section 20D Exemptions -- Pruyne MOVED to declare the positions of Emergency Management Director and Recreation Committee member Special Municipal Employees. Magi SECONDED. Motion CARRIED 2-0-1; Erviti ABSTAINED as he serves as the Emergency Management Director Erviti MOVED to declare the position of Cultural Council member Special Municipal Employee. Magi SECONDED. Motion CARRIED 2-0-1; Pruyne ABSTAINED as he is a member of the Cultural Council. Pruyne MOVED to grant MGL Chapter 268 Section 20D exemptions to Lisa Vanderstelt (Library Trustee and Cultural Council member), Denyse Dar (Recreation Committee and Cultural Council member) and Laurette Crane (Cultural Council member). Magi SECONDED. Motion CARRIED 2-0-01; Pruyne ABSTAINED as he is a member of the Cultural Council. 2. Gas Pipeline --Warwick's representative to the Municipal Anti Pipeline Coalition (MCAP) Miryam Williamson said that as of today, Tennessee Gas Pipeline has withdrawn its application to build the gas pipeline and currently has no action before FERC. She noted that TGP would have to start the entire process from the beginning should they wish to resurrect the project. Williamson said that she will continue monitor FERC, and noted that MCAP may address a surcharge on electric bills for the pipeline. 3. Phone Service Problems--Young said that he had been contacted by a resident of Gale Road regarding poor telephone service from Verizon. He noted that the resident will contact Verizon to get their circuit repaired, but he wanted the Board to be aware of the problem due to the larger issue of poor service throughout town. Pruyne inquired about replacing the hub by the Fire Department, and Tom Wyatt suggested making our Verizon representative aware of the current problems, adding that political pressure needs to be applied. Steve Ruggiero said that 911 service has to be available to every resident, and that we should make the State deal with Verizon to make them uphold their responsibility to provide 911 service to all. Williamson said that Representative Lee and the DPU should be given the chance to represent us in this matter. Erviti added that Governor Baker and our federal representatives in the Congress and Senate should be contacted as well, and said that the loss of 911 service when people lose their phone service should be included in the list of issues that need to be addressed. Wyatt said that we should document as much as we can. The Board decided to collect information and then contact regulators, legislators and the Governor. 4. Broadband--John Bradford said that for the past year monitoring software has been running on the network, and while it has yielded information on trouble spots, it is not the best solution for a wireless system like Warwick Broadband (WBS). He said that he has set up a Netflow server that provides an increased ability to troubleshoot the network by monitoring all the radios and giving data at the minute and also historically to eliminate the need to troubleshoot blindly. Wyatt said that he would like to have WBS service delivery report information shared with the Broadband Committee. Young said that equity of pricing, speed, prepay discounts, low income pricing tier for qualifying families and maybe also seniors are things to be looked at and discussed in the future once the upgrade is completed. He said that at one of the two new repeater sites a pine tree rather than a pole will most likely be used. Young said that pole hearings will be held by the Board and WBS will model the petitions after those used by National Grid and Verizon for poles on Town land. He said that for poles on private land WBS might need to go before the ZBA. Young noted that 5 GHz radios will be put up first on the two primary towers, and said that they are in the midst of the first conversion of old to new on ten repeater sites. Wyatt said that the Broadband Committee has met twice in the past month, and one of the items discussed was phone support for WBS. Wyatt and Williamson have offered to take some shifts on the WBS trouble line to take some of the burden off of Young. He said that the Broadband Committee also talked about a website for WBS. Bradford said that the committee will authorize who can add content to the website, which will be user friendly. Wyatt said that he was told verbally by Time Warner that they will not come into Warwick, and is awaiting a written statement to that effect. Wyatt spoke about the regional hybrid group, and said Wendell is trying to set up another meeting as they want to learn more about Warwick's system. He noted that there have been a lot of recent changes at MBI, and that they seem to be backing off a wireless study in Western Mass. Wyatt said that the State has asked that each town designate a single contact person to communicate with Implementation Liaison Bill Ennen, and noted that he would like us to have two and thought it was worth trying to ask for two. He said that he has the time and wants to be part of the mix, but also wanted Young because he is more experienced. Ruggiero said that Wyatt should be the point of contact because Young has a vested interest in what he is doing, as he should. Ruggiero said that Wyatt is a good listener and more open minded. Magi noted that Young is more experienced; Wyatt concurred. Bradford said that the choice should be based on what we want our liaison to do. Williamson said that Wyatt should be the liaison; Pruyne concurred as he favored a team approach. Pruyne MOVED to appoint Tom Wyatt as liaison to MBI. Erviti SECONDED. Motion CARRIED 3-0-0. 5. Review of ATM Voted Budget and Articles--Young pointed out that the figures in column U reflect the appropriations after Article 23 was passed, allowing for the 4.5% pay raises to employees. Young said that he will call a Finance Committee meeting for reserve fund transfers including one for contributory insurance. 6. Accounting Update--Young said that the full Board had one meeting with the Accountant and that going forward one member of the Selectboard needs to attend meetings with the accounting review team. Pruyne MOVED that Jim Erviti be the Selectboard's liaison to the financial team meetings. Magio SECONDED. Motion CARRIED 3-0-0. Comp time was discussed as future time off in lieu of overtime pay. Magi said that she wants to review our personnel policy and make some changes based on what she has learned from being on the FRCOG personnel policy committee. An issue that resulted in the Accountant returning an item for payment to the Library due to lack of W-9 form for a private contractor that did work on the Library chimney was also discussed. Pruyne MOVED to insert a reprimand in the permanent personnel file of Accountant Janice Barrett for inappropriate activities in the performance of her duties. Erviti SECONDED. Motion CARRIED 3-0-0. There was a consensus of the Board that written documentation of the following items will be placed in the Accountant's personnel file: that she agreed to be caught up by January 1, 2017; the W-9 issue; the group of people overseeing her duties; disallowed fee for a conference because she was previously told not to take any more training or attend any conferences until she was caught up. 7. Update on WCS--Young said that there will be no preschoolers enrolled in WCS for the 2016-17 school year, so the class groupings will change to reflect this. He said that next year's classrooms will be divided into kindergarten and 1st grade, grades 2 and 3, grades 4 and 5, and grade 6. Young said that there was a fox den located behind the playground, and that he consulted with Town resident and naturalist David Brown to confirm that foxes have multiple dens. He explained that after the Highway completed previously planned cutting of brush identified as a fire hazard, the mother moved her four kits to another den. 8. Appointments-- Pruyne MOVED to appoint Erika Nygard and Holly Manson to the Recreation Committee. Erviti SECONDED. Motion CARRIED 3-0-0. Pruyne MOVED to appoint Miryam Williamson to the Broadband Committee. Erviti SECONDED. Motion CARRIED 3-0-0. Young said that the Tax Collector may choose to step down in the near future, and noted that Assistant Tax Collector Jessica Foote has been training with Tax Collector Terry Kemerer for at least six months and has assumed much of the workload of late. Young pointed out that while the Personnel Policy requires the Tax Collector position be posted, we are required to be a fair employer and can hire from within. 9. Wagon Wheel Campground--Williamson said that the ZBA signed off on an agreed upon judgment and praised Town Counsel Jeremia Pollard for his work on this case. Young pointed out that the judgment was agreed upon by the parties and was accepted by but not ordered by a judge, and that this is an "agreed upon judgment" and has the effect of a court order. We mutually agreed to a judgment rather than having something imposed. Williamson said that the campground will close November 1st and open April 1st, and is still subject to licensing and permitting by the Board of Health. Erviti said that people are welcome to camp there but cannot live there. 10.Selectboard Reports--There was a consensus of the Board to defer this until the next meeting, along with a discussion on master planning, strategic or long range financial plan for the Town. 11. Coordinator Report--Young said that he needs to find someone to maintain the content on the Town sign. He said that insurance procurement proposals are due June 2nd. Young said that there will be a solar tour on Sunday, June 5 sponsored by the Buildings and Energy Committee. The Board agreed it is appropriate to allow solar vendors to set up booths / tables on the common in conjunction with the "Solar Tour". 12. Public Comment--None. 13. New and Other Business Unanticipated at Time of Meeting Posting--None. IV.Adjournment At 837 p.m., Erviti MOVED to adjourn. Pruyne SECONDED. Motion CARRIED 3-0-0. Documents consulted at this meeting: *Draft Minutes of Selectboard meetings of April 25, 2016 and May 13, 2016 *Minutes of April 7, 2016 Selectboard meeting.* *Coordinator Report *Emails between Town Coordinator David Young and resident parker Edson re: Verizon phone *Letter from Tennessee Gas Pipeline Company re: withdrawal of application filed with FERC for Northeast Energy Direct Project *Overview from MBI *Email from Tom Wyatt to Melinda Poore of Time Warner Cable *Emaiul from Tom Wyatt re: thoughts on structure for the WBS website *Emails between David Young and Bill Ennen re: Last Mile Update with Governor Baker *Omnibus Budget from May 2, 2016 Warwick Annual Town Meeting *Town of Warwick General Fund Expenditure Report as of 5/20/16 *Town of Warwick FY 2016 Other Funds Expense Report as of 5/20/16 *Town of Warwick Personnel Policy and Procedures *Agreed Upon Judgment Commonwealth of Massachusetts Trial Court Superior Court Civil Action #2014-85 Kimberly A. Smith and Scott M. Williams, d.b.a. Wagon Wheel Campground (Plaintiffs) v. Warwick Zoning Board of Appeals, Robert Croke, Francis Renna and Miryam Erlich Williamson as they are Members of the Zoning Board of Appeals (Defendants) *Letters from Town Coordinator David Young to MIAA and Braley & Wellington re: seeking Competitive proposals for Town of Warwick insurance coverage effective July 1, 2016