Town of Warwick Selectboard June 6, 2016 Minutes Members present: Dawn Magi, Lawrence Pruyne, James Erviti (arrived at 6:16 p.m.) Others present: Town Coordinator David Young, Town Secretary and Town Clerk Rosa Fratangelo, Broadband Committee Chair Tom Wyatt, Broadband Committee member John Bradford, Planning Board Chair Ted Cady, Treasurer Beth Gilgun, Warwick Representative to the Municipal Coalition Against the Pipeline (MCAP) and ZBA member Miryam Williamson, Open Space Committee Chair Karro Frost, Open Space Committee Alternate Mary Williamson, Steve Ruggiero, 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 May 23, 2016 as printed. Magi SECONDED. Motion CARRIED 2-0-0. Erviti MOVED to approve the minutes of May 13, 2016 as printed. Pruyne SECONDED. Motion CARRIED 3-0-0. III.Presentations and Discussions 1. Authorize Highway Products Bid --Young said that every year FRCOG bids various highway products, but the Board must vote to authorize them to be able to bid on our behalf. Pruyne MOVED that FRCOG bid on various Highway products. Magi SECONDED. Motion CARRIED 2-0-0. 2. Broadband --Tom Wyatt said that he had received written confirmation from Time Warner Cable that they will not be coming in to Warwick. He said that there will be a meeting with MBI's Implementation Liaison Bill Ennen on Monday, June 13 at 3 p.m. in Town Hall and invited the Selectboard to join members of the Broadband Committee at this meeting. He said that they will be going over the process MBI has devised for the last mile. Wyatt said that MBI had been pushing wireless in all 44 towns but is now looking at dark fiber (existing unused fiber) for the last mile as well as the middle mile. He said that MBI is looking for sustainable projects to give money to. Young recommended that we wait before undergoing MBI's final solution "Stress testing". Both Wyatt and Young noted that there seems to be a willingness to get things done. 3. Insurance Procurement--Young said that he received two bids for insurance, one from our current company and one from MIIA. He explained that MIIA came in lower than the FY 17 budgeted amounts for Police and Fire and liability. Young noted that MIIA provides better coverage than our current provider. 4. Compensatory Time Report--Young said that he had received a legal opinion from the Town's labor lawyer Fred Dupere that compensatory time is time denominated and not dollar denominated. Young has informed the Highway Superintendent and the Accountant of Attorney Dupere's legal opinion. This means that workers defer an hour or pay for a future paid hour off that is not tied to an old rate of pay. 5. Emergency Management--Emergency Management Director Jim Erviti said that the FRCOG Multi Agency Coordination Center will insert itself between the local emergency managers and MEMA's regional office in Agawam. In case of an emergency or disaster, the local managers would have to call FRCOG rather than MEMA in Agawam. Erviti said that he sees this as another layer of bureaucracy and that the local managers are well trained and already enjoy a well established, good relationship with MEMA. Erviti was not in favor of signing a MOU with FRCOG at this time; Young concurred, saying we should wait and see and not act now. 6. Master Planning, Strategic or Long Term Plan--Planning Board Chair Ted Cady said that we have never done any strategic or master planning although it has been brought up in the past. He said that nothing has ever been found that people want to change. Cady noted that every ten years there is an Open Space and Recreation survey to see what is wanted for the future of the Town, and in the past it has been leave it the way it is. He said that the Planning Board will support whatever the Selectboard wishes to do. Young said that relief from certain types of development pressures could result from a master plan. He said roads and how to handle them, organizational changes and educational needs could be a part of a master plan, but in the past it has been to let as little as possible change. Cady said that there is usually a vision you want to achieve or a problem you want to solve before going into devising a master plan. Steve Ruggiero mentioned a bill before the Senate that former Selectman Nick Arguimbau had asked him to bring up at the meeting. Cady said that Senate Bill 2311 is a very dense 42 page bill now before the full Senate and Berkshire Regional Planning, Massachusetts Municipal Association, the Farm Bureau, and the Massachusetts Forest Council are all against this bill. He noted that FRCOG Planning Board considers this bill to be primarily urban focused and not appropriate for rural areas. Under this bill cities and towns could become a Certified Community and become eligible for considerable funds from the State for planning and housing, while non Certified Communities would receive very little funds for regional planning boards. Cady noted that towns must have a Town Planner to comply with the requirements to become a certified Community. He said that there is a sense that this bill is being rushed through. Young said that Title 5 would work in our favor along with the history of building in Warwick. He said that he would contact Senator Rosenberg if the Board votes to oppose this bill. Pruyne MOVED we contact our legislators and our State Senator Stan Rosenberg and ask him to act in opposition to this bill. Erviti SECONDED. Motion CARRIED 3-0-0. Cady said that the Planning Board is meeting this week and asked if they should act on this as well. There was a consensus of the Selectboard that if the Planning Board is also opposed to Senate Bill 2311 they should contact legislators as a second voice of opposition. 7. Town Hall Gun Ban--Magi stated that she favored the gun ban not to take away anyone's rights but because people who meet and work here don't want guns in Town Hall and see no reason that firearms are needed in this building. She said that guns are not allowed in schools or Federal buildings. Erviti said he wanted this brought up because he could only discuss it with other Board members in an open meeting, and he had heard by way of second and third hand accounts that the gun ban may have come into effect for the wrong reasons. Magi said that people may come in angry and they are not known to carry a gun. Ruggiero said that he agrees with banning guns at meetings but not in Town Hall. Erviti said that in a building where Town business is conducted a person carrying a gun gets overwrought and their emotions take over we do not want someone to carry a firearm. Treasurer Beth Gilgun said that she is by no means against gun rights but she works in Town Hall three days a week and does not want people carrying guns. Cady said that a more comfortable atmosphere will attract more people to join committees. Pruyne said that he has heard overwhelmingly that the Town Hall gun ban does not make any sense and he wanted to represent them even though he himself sees no need for guns in Town Hall and feels that there has been no real change or effect to behavior and what goes on in this building. He said he felt it should go before Town Meeting and let those in attendance vote on it. Miryam Williamson inquired how many people Pruyne had spoken with, to which he replied at least twenty. Young said that it is clearly within the Board's purview to uphold or rescind the ban, and if it were to go before Town Meeting he favored making it stronger, such as a by-law that would be criminally enforceable. Pruyne said that the issue is clearly divisive, and while he would vote in favor of the ban at Town Meeting, he wanted to represent the views of those who disagree. Erviti said that he was happy to leave it as is, now he had heard from Magi. Pruyne MOVED that the Selectboard place the gun ban on the next Annual Town Meeting warrant. Motion FAILED for LACK OF SECOND. Miryam Williamson stated that the Supreme Court has ruled twice that there is no right to carry a gun in public buildings, schools, hospitals and other sensitive buildings. Young said that when he compiles the 2017 Annual Town Meeting warrant he would ask the Board if they wish to have the gun ban added to it. 8. Childcare Business--Pruyne said that he had approached WCS Principal Elizabeth Musgrave about starting a childcare business at the school for working parents. He said that no preschool children were anticipated to enroll in the coming school year, and that funding for childcare at the school had lapsed. Pruyne said that Musgrave told him that WCS would be in competition with other area school districts that offer childcare before and after school. Pruyne said that he sees a need for it, especially between the hours of 7 a.m. and 8:30 a.m. and 3 p.m. and 5 p.m. He said that start-up money needs to be put towards this, and noted the school would handle the administration with someone to serve as a liaison to the Selectboard. Pruyne said that the next step would be to ask Principal Musgrave to poll all the parents of school children to identify those likely to take advantage of the childcare. Cady suggested adding high school age students as a way to provide the older children with a place to hang out after school. Young pointed out that this would work on the academic calendar and in the last eight years there has been a 25% decline in enrollment. Magi said that a lot more information is needed. Pruyne said he will pursue this as a way to make the school more attractive and therefore the Town more attractive as well. 9. Ethics Exemption-- Conservation Commission Chair Karro Frost asked the Board to grant an exemption for ConComm member Mary Williamson. Frost explained that Williamson is a direct abutter to the project that is the subject of the current hearing process, and while she has not participated she has attended all past hearings. Because they need one more to make the required quorum and have continued the hearing twice before due to lack of quorum, they were seeking an exemption of necessity so that the ConComm could achieve their quorum and convene the hearing tonight rather than continuing the hearing for the third time. Erviti and Young asked Mary Williamson to provide the Town Clerk with a statement disclosing the conflict of interest and her commitment to act in a fair and impartial manner; she agreed. Erviti MOVED to exempt Mary Williamson from ethical concerns and to act on this matter out of necessity. Pruyne SECONDED. Motion CARRIED 3-0-0. 10.Phone Service Problems Update--Young said that he had put a piece in the Community Newsletter and has so far received two replies, so his data collection on the quality of Verizon phone service in Town has begun. 11. FY 17 Appointments--The Board reviewed the draft appointment list and made the following corrections: took Gloria Varno's name off of the Moore's Pond Beach Advisory Committee and added Lawrence Pruyne as the Selectboard representative to the Franklin Regional Planning Board. Pruyne MOVED the FY 17 Appointment List with corrections. Erviti SECONDED. Motion CARRIED 3-0-0. The full Appointment List appears at the end of these minutes. 12. Selectboard Reports--Magi noted with sadness the passing of William Styles. Pruyne spoke in favor of composting organic waste and said that he had spoken with Rick Innis of Clearview Composting. Young said that he would refer this to the Transfer Station Commissioners for their evaluation. He also recommended checking with FCSWMD to see if there are any better alternatives. 13. Coordinator Report--There was nothing to add to the written Coordinator report 14. Public Comment--None. 15. New and Other Business Unanticipated at Time of Meeting Posting--None. IV.Adjournment At 7:45 p.m., Pruyne MOVED to adjourn. Magi SECONDED. Motion CARRIED 3-0-0. Documents consulted at this meeting: *Draft Minutes of Selectboard meeting of May 23, 2016 *FY 17 DRAFT Appointment List *Coordinator Report dated June 2, 2016 *FY 2016 General Fund Expenditure Report as of June 2, 2016 *FY 2016 Other Funds Expense Report as of June 2, 2016 *Email from Katie Stoico to Christine Heath Re: MBI Last Mile Town Readiness *Last Mile Program Guidelines for Unserved Towns from MBI APPOINTMENTS for FY 17 Appointment Date Term Expires ANIMAL CONTROL OFFICER Rosa Fratangelo 7/1/16 6/30/17 BROADBAND COMMITTEE Tom Wyatt 7/1/16 6/30/17 Miryam Williamson 7/1/16 6/30/17 Scott Seago 7/1/16 6/30/17 Brad Compton 7/1/16 6/30/17 Andrea Woods 7/1/16 6/30/17 BUILDING INSPECTORS Phil Delorey, Building Commissioner 7/1/16 6/30/17 Roland Jean, Local Building Inspector (deputy) 7/1/16 6/30/17 Bill Johnston, Wiring Inspector 7/1/16 6/30/17 Casey Bashaw, Gas & Plumbing Inspector 7/1/16 6/30/17 BUILDINGS AND ENERGY COMMITTEE Dan Dibble 7/1/16 6/30/19 BURIAL AGENT David Shoemaker 7/1/16 6/30/17 CARETAKER OF TOWN CLOCK George Day 7/1/16 6/30/17 CARETAKER OF TOWN FLAGS Barbara Walker 7/1/16 6/30/17 CONSERVATION COMMISSION Karro Frost 7/1/16 6/30/19 Ann Kendall 7/1/16 6/30/19 COUNCIL ON AGING Betsy Lochhead 7/1/16 6/30/19 Ann Miner 7/1/16 6/30/19 Helen Whipple 7/1/16 6/30/19 CROCKERY COMMITTEE Maria Whitney 7/1/16 6/30/17 Helen Whipple 7/1/16 6/30/17 Patricia Ernest 7/1/16 6/30/17 Tillie Hager 7/1/16 6/30/17 Arline Lincoln 7/1/16 6/30/17 CULTURAL COUNCIL Lawrence Pruyne 7/1/16 6/30/19 Cheri Robartes 7/1/16 6/30/19 EMERGENCY MANAGEMENT DIRECTOR James Erviti 7/1/16 6/30/17 ENUMERATOR / 911 Coordinator A. George Day 7/1/16 6/30/17 FENCE VIEWER Brad Matthews 7/1/16 6/30/17 Brian Miner 7/1/16 6/30/17 FIELD DRIVER Vacancy 7/1/16 6/30/17 FRCOG TRANSPORTATION COMMITTEE REPRESENTATIVE Vacancy 7/1/15 6/30/16 FRANKLIN REGIONAL PLANING BOARD REPRESENTATIVE Ted Cady - Planning Board 7/1/15 6/30/16 Lawrence Pruyne - Selectboard 7/1/16 6/30/17 FRANKLIN REGIONAL COUNCIL REPRESENTATIVE Dawn Magi 7/1/16 6/30/17 HISTORICAL COMMISSION Barbara Walker 7/1/16 6/30/19 MEMORIAL DAY COMMITTEE Frederick Abbott 7/1/16 6/30/17 Charlie Brown 7/1/16 6/30/17 Robert Day 7/1/16 6/30/17 Arline Lincoln 7/1/16 6/30/17 Barbara Walker 7/1/16 6/30/17 MOORE'S POND BEACH ADVISORY COMMITTEE Mario Tringali 7/1/16 6/30/19 OLD HOME DAYS COMMITTEE Larry Carey 7/1/16 6/30/17 Colleen Paul 7/1/16 6/30/17 Kathy Connelly 7/1/16 6/30/17 OPEN SPACE George Day 7/1/16 6/30/18 Mary Williamson 7/1/16 6/30/18 Keith Ross 7/1/16 6/30/19 Chris Duerring 7/1/16 6/30/19 Clare Green 7/1/16 6/30/17 Mark Maynard 7/1/16 6/30/17 Vacancy 7/1/16 6/30/17 PERSONNEL COMMITTEE Martha Morse 7/1/16 6/30/17 A. George Day 7/1/16 6/30/17 Arline Lincoln 7/1/16 6/30/17 POLICE CHIEF David Shoemaker 7/1/16 6/30/19 POLICE DEPARTMENT Joe Powling 7/1/16 6/30/19 John Stewart II 7/1/16 6/30/19 Joseph Camden 7/1/16 6/30/19 Michael Gelinas 7/1/16 6/30/19 Matthew Karpeichik 7/1/16 6/30/19 Michael Cloukey 7/1/16 6/30/19 Special Officers James Erviti 7/1/16 6/30/17 Bruce Kilhart 7/1/16 6/30/17 Brian Peters 7/1/16 6/30/17 RECREATION COMMITTEE Denyse Dar 7/1/16 6/30/17 Leanne Limoges 7/1/16 6/30/17 Holly Manson 7/1/16 6/30/17 Erika Nygard 7/1/16 6/30/17 REGISTRARS OF VOTERS Arland George Day, Jr. (U) 7/1/16 6/30/19 TAX COLLECTOR Terry Kemerer 7/1/16 6/30/19 TOWN COUNSEL Jeremia Pollard 7/1/16 6/30/17 TOWN FOREST COMMITTEE Chris Duerring 7/1/16 6/30/17 Todd Weed 7/1/16 6/30/17 Rod Whipple 7/1/16 6/30/17 Keith Ross 7/1/16 6/30/17 Mary Williamson (alternate) 7/1/16 6/30/17 TOWN REPRESENTATIVE to FCSWMD Vacancy 7/1/16 6/30/17 TREASURER Beth Gilgun 7/1/16 6/30/19 VETERAN'S GRAVE AGENT Frederick Abbott 7/1/16 6/30/17 VETERAN'S DISTRICT REPRESENTATIVE Dawn Magi 7/1/16 6/30/17 VETERAN'S MONUMENT COMMITTEE Frederick Abbott 7/1/16 6/30/17 Barbara Walker 7/1/16 6/30/17 Charlie Brown 7/1/16 6/30/17 Robert Robert Day 7/1/16 6/30/17 WIRED WEST Tom Wyatt (Delegate) 7/1/16 6/30/17 John Bradford (Alternate) 7/1/16 6/30/17 WARWICK MUNICIPAL LIGHT PLANT COMMISSIONERS Selectboard 7/1/16 6/30/17 ZONING BOARD OF APPEALS Francis Renna 7/1/16 6/30/21