Town of Warwick Selectboard June 9, 2014 Minutes Members present: Nick Arguimbau, Patricia Lemon, Dawn Magi Others present: Town Coordinator David Young, Town Secretary Rosa Fratangelo, George Day, WiredWest representatives Reva Reck and John Bradford, Tom Wyatt, Erving Firefighter Ryan Betters, Police Chief David Shoemaker (arrived 7:15pm), Buildings and Energy Committee members Janice Kurkoski and Mary Humphries, Firefighter Bill Lyman, Jon Calcari I. Call to Order Chair Arguimbau called the meeting to order at 7:00 pm in Town Hall. Bill Lyman made an audio recording of this meeting. Arguimbau said that he thought that he should stop the meeting because there was no legal agenda. His reasoning was that as Board Chair he has to approve the agenda and he had no input and did not see the agenda until he received his meeting packet. He said that those who wish to have items put on the agenda need to contact the Board Chair and the Town Coordinator. Magi said that when she was Chair she took the responsibility to check on the agenda and not wait until things came to her. Young said that there was nothing in the law to make the meeting illegal, but that it was incumbent upon Arguimbau to gavel the meeting closed if he felt that it was an illegal meeting. Young went on to say that Arguimbau is almost impossible to get hold of successfully, and suggested that Arguimbau take it upon himself to contact Young during his posted office hours of 2 p.m. - 5 p.m. Monday-Friday. Young also said that after the last conversation he had with Arguimbau two weeks ago it would be fine with him if they never spoke again. Arguimbau ended the discussion because the Town Coordinator said that he did not care if he ever spoke to the Chair of the Selectboard again. II. Public Comment George Day said that the last two Town Reports have omitted the Representative to the Franklin County Technical Vocational School from the list of appointed positions. He noted that this had happened before, and when he brought it to someone's attention the omission was remedied. He expressed concern that there may have been other omissions and said that someone should check all the elected and appointed positions. Lemon said that she had started compiling the annual reports after former Town Clerk Jeannette Fellows stopped doing it. Young said that he did the reports for 2012 and 2013, and explained that he takes submissions as they are and writes the Selectboard and Broadband reports himself. Arguimbau suggested the addition of an errata sheet. There was a consensus of the Board that this should be done. Fratangelo told Day that as Town Clerk she would take the responsibility of checking to make sure there will be no omissions in the future. III. Minutes Lemon MOVED to approve the minutes of the May 12, 2014 meeting as printed. Magi SECONDED. Motion CARRIED 3-0-0. Arguimbau noted that he had sent a correction to Town Secretary Fratangelo, but that she had never received them, and he declined to add them to the minutes before the approval vote was taken. IV. Presentations and Discussions 1. MGL Chapter 268 Section 20D Exemption--Young said that Town Secretary Rosa Fratangelo Calcari did not find a vote designating the position of Town Clerk as special municipal employee. He noted that an exemption is not necessary for an elected position, and that all other exemptions had previously voted to cover Fratangelo's other appointed positions. Lemon MOVED to designate Town Clerk position as special municipal employee. Magi SECONDED. Motion CARRIED 3-0-0. 2. WPD FY 15 Wage Rate Vote --Young explained that while the line item for FY '15 Police wages was approved by Town Meeting vote, the Accountant needed to see a vote of the Selectboard which sets the hourly wages. Lemon MOVED to set the FY '15 hourly wage rates at $14.37 for an officer, $15.81 for sergeants and $17.39 for the Chief, effective July 1, 2014. Magi SECONDED. Motion CARRIED 3-0-0. 3. Offer on Retired L900 Fire Truck--Young said that he had the fire truck listed on Craigslist for a few weeks and received one offer for scrap. He noted that the current price for shredder steel is $125.00 a ton and $100.00 per ton for light iron. Young said that Erving firefighter Ryan Betters has offered $500.00, and that this is the most solid offer. Young explained that the cost to remove the tires, gas tank, and fluids, along with the cost to haul it away would reduce the potential profit from selling it for scrap to less than Mr. Betters' offer. Ryan Betters told the Board that he has been an Erving firefighter for 14 years and has had family on the fire department since the 1930's. He said that his great uncle was involved in the purchase of the truck when it was brand new. Betters also noted that he went to his first fire on that truck, and wanted to either restore it or put it in his yard as a memorial to fallen fire fighters. Young recommended that the Board approve Betters' offer, especially since he is a member of the fire department that gave the truck to Warwick. Betters asked the Board if he could also buy the original suction hoses and brackets that had been removed. Young reminded the Board that they cannot vote to compel Chief Gates to sell the hoses and brackets, because as a Strong Chief the decision would be up to him. Lemon MOVED to authorize the Town Coordinator to sell the retired L900 fire truck to Ryan Betters of Erving for $500.00, and to ask the Fire Chief if he would be willing to replace parts that have been removed prior to delivery. Magi SECONDED. Motion CARRIED 3-0-0. The Town Secretary read aloud the motion prior to the vote. 4. Letter in Support of WiredWest to MBI --WiredWest representative Reva Reck said that the $50 million IT bond bill for last-mile fiber is expected to pass the Senate in July. The Board members each had a copy of a draft letter to Interim Director of the Massachusetts Broadband Institute (MBI) Philip Holohan. The letter reinforced Warwick's partnership with WiredWest as our regional representative to bring fiber to the town. Arguimbau suggested alternate language in one particular sentence, although he said he would sign it, anyway, if so directed by the board. This sparked a discussion on how additional necessary funding may be obtained. Reck pointed out that no financial commitment or payback mechanism was specified in the letter, and that the letter needed to clearly state that any funding mechanism will be coordinated through WiredWest. Young suggested viewing this as a type of grant-funding request and argued that it would be best for the board not to weaken the request by altering the language. Reck noted that the IT bond bill will fund approximately half of the total project cost to wire all the towns, and added that federal grants might also be available. WiredWest 2nd alternate John Bradford said that it is in the Town's best interest to keep the pressure on MBI. Lemon MOVED to authorize the Chair to sign the letter to MBI as presented. Magi SECONDED. Motion CARRIED 2-1-0. Lemon and Magi: AYE; Arguimbau: NAY. Arguimbau signed the letter. 5. Update on Fiber to Orange Road Cell Tower--Young said that the buildup to the cell tower will be done on Monday, June 16, 2014. 6. Regularizing Officials and their Duties--Lemon said that she was in the process of going through the list of appointments and suggested that the Workmen's Compensation Agent duties be added to the Town Coordinator's job description. Lemon also suggested that the duties of Surveyor of Lumber be assigned to the Town Forest Committee. She said that the position is required by Massachusetts General Law (MGL). Young read aloud from MGL Chapter 28, which read in part "there shall be one or more persons elected at the Annual Town meeting." Young said that this is an old shipbuilding law from centuries ago, and pointed out that position is elected and therefore cannot be appointed. Lemon dropped her suggestion. Young said that he and the Treasurer work on the workmen's compensation, but he agreed to add those duties to his job description. Lemon MOVED that the duties of Workmen's Compensation Agent be added to the job description of the Town Coordinator. Magi SECONDED. Motion CARRIED 3-0-0. 7. Fuel Bid Update --Young said that the FY '15 fuel-oil price has been locked in at $3.34 per gallon and diesel has been fixed at $3.69 per gallon. He credited FRCOG's (and Warwick's) Andrea Woods for the idea to allow only16 hours to accept bids for a successful process this time around. 8. Zoning Enforcement--Young said that the owners of Wagon Wheel Campground have appealed the Building Inspector's cease-and-desist order with regards to the operation of a trailer park. He said that Planning Board Chair Ted Cady has provided written testimony showing that the owner of the campground at that time had been a member of the Planning Board that formulated the by-law Delorey is working to enforce. The hearing before the ZBA is scheduled for June 25, 2014. Young noted that members of both the Planning Board and ZBA have recently attended a seminar on hearings. 9. FY '15 Appointments--Lemon said that she wanted to go through the list of positions line by line instead of just moving the entire list. Magi and Arguimbau said that they were OK with the entire list, but Lemon said that small inaccuracies had to be addressed. The Chair suggested that they move onto the next item and come back to the appointments later on in the meeting. 10. Green Communities Discussion--Buildings and Energy Committee member Janice Kurkoski said that she was looking for some target dates and deadlines for moving ahead on the criteria for becoming a green community. Young said that the most difficult criterion to meet would be the adoption of the stretch code, which would require a great deal of public education and persuasion. He noted that the Planning Board was developing a plan for as-of-right siting for a solar installation, and that a Special Town Meeting would need to be held for the adoption of the zoning and the stretch code. Kurkoski said that Jim Barry would be ready to come back at any time to give presentations on the stretch code or green communities. Young suggested that Mr. Barry work with the construction community to provide education on the stretch code. Kurkoski noted that in order to be eligible for funds available January of 2015, paperwork must be in by October 2014. Young said that Cady had said at the last meeting that the Planning Board should have draft of the as-of-right solar zoning by December; Kurkoski asked if the timeframe could be shortened. Kurkoski said that she would organize a forum for carpenters with Jim Barry on the stretch code. Bill Lyman said that a flyer might be better than a meeting, but Kurkoski said that a face-to-face with contractors would be more effective as Mr. Barry would be there to answer specific questions. Lemon suggested holding a breakfast meeting so Jim Barry could give a short, concise presentation. Magi asked Lyman if he could compile a list of contractors' and carpenters' concerns about the stretch code. Lemon expressed her gratitude for all the Buildings and Energy Committee members' hard work. 11. FY 15 Appointments, Continued-- A line by line review of each position and prospective appointee was conducted. Arguimbau read aloud each position and the name of the proposed appointee for that position. Three corrections were made: Holly Manson's name was deleted from the Recreation Committee, Miryam Williamson was added as the Registrar of Voters (D) and the term dates for James Erviti's recent appointment to the ZBA were specified (5/27/14 - 6/30/17). Lemon MOVED the FY 15 Appointment List as read, with corrections. Magi SECONDED. Motion CARRIED 3-0-0. The FY 15 Appointment List appears at the conclusion of the minutes. 12. Selectboard Reports--There were no reports. 13. Coordinator Report--Young said that he had bid the only the labor for stripping and replacing the WCS roof. He said that the $20,000.00 USDA grant paperwork was not ready, and that a site visit will likely happen sometime next week. Lastly, Young said that inspections of the John McKnight property and the Wagon Wheel Campground will take place this week. 14. New and Other Business Not Reasonably Anticipated Prior to Posting Notice--Lemon said that in light of the low local student census brought to the board's attention by Young at a previous meeting, which means that the cost per local student is higher than originally anticipated, there needed to be an actual town-wide discussion about the future of the school and the possibility of making it a charter school. Arguimbau suggested putting the item on a future agenda in order to have a discussion in greater detail and asked Lemon to investigate the considerations in such a step and report back to the board; Lemon agreed. Young said that townspeople ought to have community meetings to discuss the inefficiencies of the school, which was expected to serve 150 students every year and currently serves only 53 locals and 11 school choice students from other towns, and possible changes. Lemon said that it would not be an easy discussion but we needed to start. Magi suggested that we get together with others to pressure the legislature to stop mandating programs that they do not fund, because doing so causes school costs to continue increasing. V. Adjournment At 8:50 pm, Lemon MOVED to adjourn. Magi SECONDED. Motion CARRIED 3-0-0. Minutes taken by Rosa Fratangelo See attached complete FY '15 Appointment List APPOINTMENTS for FY '15 Appointment Date Appointment Expires ANIMAL CONTROL OFFICER Rosa Fratangelo 7/1/14 6/30/16 BROADBAND COMMITTEE Reva Reck 7/1/14 6/30/15 Miryam Williamson 7/1/14 6/30/15 Scott Seago 7/1/14 6/30/15 BUILDING INSPECTORS Phil Delorey, Building Inspector 7/1/14 6/30/15 Bill Johnston, Wiring Inspector 7/1/14 6/30/15 John Dolan, Gas Inspector 7/1/14 6/30/15 Gerald Brousseau, Plumbing Inspector 7/1/14 6/30/15 BUILDINGS AND ENERGY COMMITTEE Janice Kurkoski 7/1/14 6/30/17 Steve Kurkoski 7/1/14 6/30/17 Mary Humphries 7/1/14 6/30/17 BURIAL AGENT Miguel Torres 7/1/14 6/30/15 CARETAKER OF TOWN CLOCK George Day 7/1/14 6/30/15 CARETAKER OF TOWN FLAGS Barbara Walker 7/1/14 6/30/15 CONSERVATION COMMISSION Alan Berman 7/1/14 6/30/17 Mary Williamson 7/1/14 6/30/17 COUNCIL ON AGING Carol Foote 7/1/14 6/30/17 Janet Alden 7/1/14 6/30/17 CROCKERY COMMITTEE Maria Whitney 7/1/14 6/30/15 Helen Whipple 7/1/14 6/30/15 Patricia Ernest 7/1/14 6/30/15 Tillie Hager 7/1/14 6/30/15 CULTURAL COUNCIL Martha Kitchen 7/1/14 6/30/17 EMERGENCY MANAGEMENT DIRECTOR James Erviti 7/1/14 6/30/15 ENUMERATOR A. George Day 7/1/14 6/30/15 FENCE VIEWER Brad Matthews 7/1/14 6/30/15 Brian Miner 7/1/14 6/30/15 FIELD DRIVER Vacancy FIRE CHIEF Ron Gates 7/1/14 6/30/17 FRCOG TRANSPORTATION COMMITTEE REPRESENTATIVE Patricia Lemon 7/1/14 6/30/15 FRANKLIN REGIONAL PLANING BOARD REPRESENTATIVE Ted Cady - Planning Board 7/1/14 6/30/15 Nicholas Arguimbau - Selectboard 7/1/14 6/30/15 FRANKLIN REGIONAL COUNCIL REPRESENTATIVE Dawn Magi 7/1/14 6/30/15 HISTORICAL COMMISSION Arline Lincoln 7/1/14 6/30/17 Martha Morse 7/1/14 6/30/17 Vacancy MEMORIAL DAY COMMITTEE Frederick Abbott 7/1/14 6/30/15 Charlie Brown 7/1/14 6/30/15 Robert Day 7/1/14 6/30/15 Arline Lincoln 7/1/14 6/30/15 Barbara Walker 7/1/14 6/30/15 MOORE'S POND BEACH ADVISORY COMMITTEE Clare Green 7/1/14 6/30/17 James McRae 7/1/14 6/30/17 Francesca Prohaska 7/1/14 6/30/17 OLD HOME DAYS COMMITTEE Larry Carey 7/1/14 6/30/15 Colleen Paul 7/1/14 6/30/15 Kathy Connelly 7/1/14 6/30/15 OPEN SPACE COMMITTEE Christine Duerring 7/1/14 6/30/17 Clare Green 7/1/14 6/30/17 Mark Maynard 7/1/14 6/30/17 PERSONNEL COMMITTEE Martha Morse 7/1/14 6/30/15 A. George Day 7/1/14 6/30/15 Arline Lincoln 7/1/14 6/30/15 POLICE DEPARTMENT . Special Officers James Erviti 7/1/14 6/30/15 Brian Gale 7/1/14 6/30/15 Bruce Kilhart 7/1/14 6/30/15 Brian Peters 7/1/14 6/30/15 Joseph Camden 7/1/14 6/30/15 RECREATION COMMITTEE Colin Killay 7/1/14 6/30/15 Kerry Cooke 7/1/14 6/30/15 RECYCLING COORDINATOR Vacancy 7/1/14 6/30/15 REGISTRARS OF VOTERS Miryam Williamson (D) 6/10/14 6/30/17 SELECTBOARD/TOWN SECRETARY Rosa Fratangelo 7/1/14 6/30/17 TOWN COORDINATOR J. David Young 7/1/14 6/30/17 TOWN COUNSEL Ferdinand Dupere 7/1/14 6/30/15 TOWN FOREST COMMITTEE Chris Duerring 7/1/14 6/30/15 Todd Weed 7/1/14 6/30/15 Rod Whipple 7/1/14 6/30/15 Keith Ross 7/1/14 6/30/15 Mary Williamson (alternate) 7/1/14 6/30/15 VETERAN'S GRAVE AGENT Frederick Abbott 7/1/14 6/30/15 VETERAN'S MONUMENT COMMITTEE Frederick Abbott 7/1/14 6/30/15 Barbara Walker 7/1/14 6/30/15 Charlie Brown 7/1/14 6/30/15 Robert Day 7/1/14 6/30/15 WIRED WARWICK (Warwick MLP) Reva Reck Delegate/Manager 7/1/14 6/30/15 John Bradford (1st Alternate) 7/1/14 6/30/15 Patricia Lemon (2nd Alternate 7/1/14 6/30/15 ZBA Arthur Long (Alternate) 7/1/14 6/30/19 James Erviti (2nd Alternate) 5/27/14 6/30/17