Town of Warwick Selectboard July 20, 2015 Minutes Members present: Dawn Magi, Nick Arguimbau, Lawrence Pruyne Others present: Town Coordinator David Young, Town Secretary Rosa Fratangelo, Finance Committee Chair Rick Abbott, Broadband Committee Chair Tom Wyatt, WiredWest Representative John Bradford, Bill Lyman, Steve Ruggiero, Maria Ruggiero, Kimberly Smith, Scott Williams, 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 Town Hall. Bill Lyman announced that he was recording the meeting. Selectboard Chair Dawn Magi stated that the Selectboard meetings are public meetings and that she expected people to treat each other with courtesy and respect. She said that one person at a time can speak, that people must be recognized by the Chair before speaking, and that there will be no cross-talking. She said that comments were not to become attacks, that Public Comment was not a place to attack people, and if there is a problem with or complaint about an employee, the appropriate first step is to contact the department head directly. II. Public Comment Steve Ruggiero said that in some circumstances Public Comment could become something of a confrontation. Magi reiterated that if there was a problem with an employee or a department, first take it up with the department head outside of a meeting. Young said that if the problem cannot be resolved in that manner, then it can come before the Board but the person about whom the complaint has been made has certain legal rights. Ruggiero inquired as to whether his comments at the last meeting were considered to be questions or attacks, to which Magi replied that she considered his questions inappropriate. Young said that it caused the New Salem Police Chief embarrassment and extra work, but it was then determined that he was thinking about questions posed by Ruggiero at the meeting prior to the last one. Arguimbau said that he agreed about handling a problem with an employee in the manner to which Magi described, but said that he disagreed when it came to a department or departmental activities. He used as an example the pothole complaints, wanting people to inform the Highway Department but also the Selectboard so that the Board knows what is happening in Town. Arguimbau said that when the matter involves a department or something a department does, it should be up to the person with the issue whether to bring it to the department or directly to the Selectboard. Magi disagreed, stating that the Board does not need to handle every complaint and that the department head should have a chance to deal with the issue first. Arguimbau said that the Board members are the bosses and should know what is going on. Young said that it has been a long standing practice that complaints go to the department head first and that reports flow to the Selectboard. III. Minutes Magi said that she wanted approval of the July 6, 2015 minutes to be postponed until the next meeting because a correction needs to be made but first she required more information. IV. Presentations and Discussions 1. New Seating Standard Proposal--Young said that the new seating arrangements at Selectboard meetings would be that only Board members, staff and the person speaking to an agenda item would be allowed at the head table. All others would sit in chairs arranged for the public. Arguimbau said that it was the Chair's prerogative to determine the seating arrangements. 2. Policy to Ban Firearms at Meetings, Except for Law Enforcement Officers --. Arguimbau MOVED to make it a policy of the Selectboard to ban firearms at meetings of the Board except for law enforcement officers. Pruyne SECONDED. A discussion ensued, beginning with Magi's statement that with all the things going on in this country she felt that we do not need firearms at Selectboard meetings. Jon Calcari asked Magi if she was denying our Second Amendment rights; Magi said "no". Young said that Second Amendment rights were for organized militia, and both he and Magi said that they were uncomfortable with firearms. Young said that people cannot carry firearms in a Federal building, in a Massachusetts court, or the Statehouse. Ruggiero pointed out that all of those places already have a security present. Kim Smith said that this was a "personality situation" that is continuing here, and further stated that she was not comfortable being told that citizens cannot carry. She went on to say that if we are not allowed to protect ourselves then Chief Shoemaker should be stationed at the door because if no one else is allowed to carry then a member of our Police force should be present. Pruyne said that the discussion was becoming contentious and that he was not trying to impinge upon anyone's Second Amendment rights. He also said that members of the Board have a right to feel comfortable and have the prerogative to take steps. Rick Abbott suggested that the Board check with Town Counsel and the Attorney General's office and come back next meeting. Magi said that they will check with Town Counsel and that the vote will be held over until the next meeting. NO VOTE TAKEN at this meeting. 3. Update on FERC Pipeline Scoping Sessions--Young said that the next scoping session on the pipeline would be held on Wednesday, July 29th in Greenfield. He noted that Kinder Morgan is required by FERC to specifically respond to Warwick. Young said that another scoping session will be held close by, either in Northfield or Winchester, NH but that to the best of his knowledge the date had not yet been set. 4. Massachusetts DOT Nondiscrimination Assurances--Young said that in order to obtain any federal financial assistance, the Mass DOT Office of Diversity and Civil Rights wanted the Board to vote and sign a Federal Highway Administration Title VI/Nondiscrimination Assurance. Arguimbau MOVED that the Selectboard does not discriminate on the basis of the grounds specified in federal policies. Pruyne SECONDED. Motion CARRIED 3-0-0. 5. Review Updated Selectboard Policies Document--Young said that the updated policy document was in the Board members' meeting packets, and that we needed to come up with a policy on sending complaints to department heads first. There was a consensus of the Board to postpone this until the next meeting. Arguimbau said that there was nothing wrong in asking a person if they have gone to the department head and to keep the discussion short if the answer was "no", but people should be free to come and say what they want. 6. Finance Committee Chair Rick Abbott--Rick Abbott handed out copies of a proposed form to assess long term capital planning needs for the Town's departments, Boards and Committees. The goal of this long range projected but not budgeted forecast is to "provide the best comprehensive 10-year budget projections, so Town Meetings can make the difficult financial decisions based on the financial facts". Abbott wanted all departments, committees and boards to use the included sample table as a model to aid in the completion of a 10-year projection of currently unbudgeted costs. Examples of such future expenditures that could require a warrant article because it is not already in a budget line item included: building repairs or improvements; equipment or vehicle upgrades or replacements; training; additional personnel; hardware or software requirements. Abbott pointed out that long term capital planning is needed to reduce the risk of financially overextending the Town. Magi thanked him for his work and said that she firmly supported departments doing this. Arguimbau also expressed support for long term capital planning. Bill Lyman inquired if the Finance Committee could make recommendations to the Selectboard on providing incentives to the owners of the store and the Inn to help make Warwick more of a draw. Abbott said that by prioritizing our spending we will make this a better town. He pointed out that this list of projected expenses was to be used for justifiable needs and necessities. Abbott said that the forms should be completed by Fall, especially if there were to be a Fall Special Town Meeting about the WiredWest project. Magi directed Young to send a memo to all departments to come up with a long range plan using the sample from the Finance Committee. She, too, noted that rather than being just a wish list this must be for real needs over the next ten years, and that justification for the requests must be included. Magi set September 15, 2015 as the deadline to submit the plans. 7. Surplus Property Declaration--Young explained that there were some items that he wanted to have the Board declare as surplus property. Pruyne MOVED to declare as surplus property: a broken ATT microcell, five aged computers running Linux, and used Cambium 900 access points. Arguimbau SECONDED. Motion CARRIED 3-0-0. Ruggiero asked how the computers would be sold, to which Young replied he would have people make written offers. Ruggiero expressed interest in purchasing one of the computers, and Young said that the residents of Warwick will be notified of the surplus property's availability. 8. Switch WiredWest Delegate and Alternate--Young said that Tom Wyatt and John Bradford wished to switch places with respect to the Town's representation to WiredWest. Currently, Bradford is the Delegate and Wyatt is the Alternate. Arguimbau MOVED to appoint Tom Wyatt Delegate and John Bradford Alternate to WiredWest. Pruyne SECONDED. Motion CARRIED 3-0-0. Selectboard Reports--Arguimbau pointed out that this agenda did not include a letter to WiredWest, and said that we need to get a draft to keep moving things along and not be the ones stalling here. Broadband Committee Chair Tom Wyatt said that nothing formal had been prepared for the Board's meeting packet, but that he had attended a recent WiredWest meeting in Wendell, and also, as a result of the last Selectboard meeting, a list of questions was sent and answers were received. Wyatt went on to say that he and Young went through a draft letter for the Board after last Thursday's Broadband Committee meeting. Wyatt handed out both a list of questions sent as well as a draft of more questions to be asked. Young said that we are not dragging our feet, but must proceed with caution. Wyatt said that he favored the Board drafting a letter to the Director of MBI stating that we have been waiting for critical information to bring to the voters. Young said that he has been talking with Royalston's broadband representative about that town's plan to deploy a wireless hybrid fiber network. He noted that Hawley was trying to get additional state funding because it is a small town, and that Warwick could try that tack as well. Wyatt said that the Broadband Committee is still pursuing WiredWest to get a clearer picture of the project's budget plan. John Bradford said that he thought WiredWest is putting very stretched resources to issues they feel need to be addressed first, and noted that this is a huge project that has overextended the staff because the volume of work requires more people than they have on staff. Pruyne favored sending them a letter to let them know that we are still looking for more answers. Bradford said that WiredWest is talking about putting together a subgroup of towns as a cooperative to apply for bonds. Wyatt wanted information from MBI with respect to revised budget figures as well as more specific questions for WiredWest. Arguimbau noted that the list of additional questions did not include any of his suggestions; neither Wyatt nor Young were able to open the attachment to Arguimbau's Email detailing those suggestions. Wyatt said as WiredWest delegates he and Bradford will continue to pursue this, and Young said it will be placed on the next agenda. Pruyne reported that the Firemen's Association chicken barbeque was a roaring success with great food and a great turnout. 10. Coordinator Report--Magi asked Young about the bill in the Massachusetts House that would allow towns to grant property tax exemptions of up to $2,500.00 each to volunteer and call firefighters and EMT's. Young said that this would be an unfunded mandate, which would have the same effect on the budget as an expense. He said that we have between twelve and fifteen firefighters and EMT's. Lyman said that he found the intent to recognize the effort and time volunteer firefighters put in admirable, but it may not be viable for this town. Young said that a CDBG award will allow for up to three projects in Warwick for housing rehabs to address health and sanitary code violations. He also noted that a proposed change to the public records law may be difficult for small towns without much staff because of an unfunded mandate portion that would no longer allow towns to recoup costs incurred. Young said that he had spoken with Representative Lee, who said that she would contact him to speak more at length about this issue. Arguimbau said that he generally favored an open government bill in an era of closed government, but that we need to find a way to make it work. Pruyne concurred, as he also appreciated open government but that we need a way to mitigate the cost to the Town. Magi said that she would be in favor as long as there were a way to recover the costs, as small towns cannot continue to support unfunded mandates. Young said that the Seaboard Solar project may be up and running by January of 2016, which could result in an annual revenue of about $32,000.00. He said that he will meet this week to discuss net metering credits that will help us save on our electricity bills, and will report back to the Board at the next meeting. 11. New and Other Business Unanticipated at Time of Meeting Posting--Kim Smith asked if the Board had heard from Highway Superintendent Larry Delaney regarding the painted lines and tree limbs issues on Wendell Road. Magi said that Delaney had reported that he found a couple of discrepancies in the lines and had arranged for these to be corrected, but had said nothing about the tree limbs. She said she would have Delaney contact Smith directly on both matters. Smith said that there were two areas where the lane measured 7 feet 6inches, and not 9 feet. She went on to say that her SUV measures 7 feet 6 inches, and with non-retractable side mirrors it measures 8 feet wide. Young, then Magi, both said that the road would have to be closed, to which Smith replied "we will see you in court again". Ruggiero said that it was a dangerous area where someone could get killed, and Young said that is why we would close the road. From his cell phone Young read aloud Delaney's Email, which dealt with the lines but not the tree limbs. Smith stated that the lines were in error and that they are too quick to say that they will close the road that leads to her business, and that she was prepared to hire an attorney to fix this. Young pointed out that road closures are the purview of the Police Chief. Wyatt suggested contacting the Tree Warden about the branches and low hanging limbs. IV. Adjournment At 7:42 p.m., Arguimbau MOVED to adjourn. Pruyne SECONDED. Motion CARRIED 3-0-0. Minutes taken by Rosa Fratangelo