Town of Warwick Selectboard July 6, 2015 Minutes Members present: Dawn Magi, Nick Arguimbau, Lawrence Pruyne Others present: Town Coordinator David Young, Town Secretary Rosa Fratangelo, Bill Lyman, Police Chief David Shoemaker, Fire Chief Ron Gates, Highway Superintendent Larry Delaney, Broadband Committee Chair Tom Wyatt, Steve Ruggiero, Kimberly Smith, Scott Williams, Nicholas Hay, Jon Calcari, Jared Robinson (Athol Daily News), 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. II. Public Comment None. III. Minutes Arguimbau MOVED to accept the minutes of May 26, 2015 and June 22, 2015 as printed. Pruyne SECONDED. Motion CARRIED 3-0-0. IV. Presentations and Discussions 1. Update on Locally Held FERC Pipeline Scoping Sessions--Young said that the Board was in receipt of a letter with information on the dates and locations of several FERC Public Scoping Meetings. He noted that a meeting near Winchester, NH sometime during the timeframe of July 27-31, 2015. Young said that there was a meeting scheduled to be held on Wednesday, July 29th at 6:30 p.m. at the Greenfield Middle School, and noted that it would be good to have a Selectboard presence. Pruyne said that he would be wiling to represent the Board at the meeting; Magi and Arguimbau also agreed to attend, with Magi saying that it would be good top present a sold front. Young said that written comments would be important for the meeting. 2. Warwick Police End of Year Report --Chief Shoemaker said that the Warwick Police Department handled 650 calls in FY 15. He noted that total traffic citations were down due to the increased police presence and patrols. The Chief said that the number of alcohol and drug related traffic violations have increased dramatically. He said that he was planning to hold seminars on telephone scams and identity theft, one of which would be done through the Women's Guild. The Chief said that there has been an increase in the number of vehicles owned by Town residents but registered in New Hampshire. He said that criminal citations for this violation would be issued as of August 1st. Steve Ruggiero asked the Chief what his position was with the New Salem Police Department, and if he was a Sergeant with that department. Chief Shoemaker replied that he was not a sergeant. Young said that he was disturbed by Mr. Ruggiero's continued questioning of the Police Chief and the Department at Selectboard meetings. Young said that questions and concerns should be directed to the Chief outside of a Selectboard meeting, be it Police or Fire. Ruggiero said that he was concerned about a possible conflict of interest, and asked Chief Shoemaker if there were to be a crisis in both towns at the same time where would he respond. The Chief responded "I am the Chief here". Ruggiero asked for a direct answer of which town, and Magi said that that the question had been answered, adding that it is a policy that he should ask the Chief directly, or any Selectboard member first, outside of a meeting. Ruggiero noted that the Police Chief has no regular posted hours, and that it is hard to get hold of him. Jon Calcari said that the Selectboard needed to act like a Board and not merely take whatever position the Town Coordinator does. Calcari then leaned over the table, facing Magi, pointed his finger at her and the rest of the Board and the Coordinator, and angrily said words to the effect of "You are going to be out of a job". Magi responded that she did not appreciate being threatened. Calcari responded that it was not a threat, but a fact. Magi then told Calcari that he was not permitted to speak again at the meeting. She instructed the Secretary to include what Calcari had said in the minutes; when asked exactly what she wanted to be included, she replied "the threat". Young informed the Chair that should Calcari speak again without being recognized he could be removed and if he reappeared into the room he could be removed by the police until the meeting was over. Young further stated that Mr. Calcari should be given the opportunity to be silent. Pruyne said that he did not see any conflict of interest, adding that it seemed highly unlikely that crises would come up in both towns at the same time. Pruyne also said that he saw no reason that the Chief should have trouble answering the question. Chief Shoemaker then said that it had never happened before, but he would respond to Warwick. He gave the non-emergency Police Department number of 978-544-2244, and said that anyone's call to that number would be returned. Young reminded the Board that using the non-emergency phone number 544-2244 results in calls being entered into the Police Log. 3. Local MBI, WiredWest, Fiber Optics--Tom Wyatt said that the Broadband Committee had been meeting since January and did not want to bring the WiredWest issue before Town Meeting in May and had recommended waiting until the Fal because they were still missing large pieces of information from MBI and WiredWest. Wyatt went over the four options available to the Town: 1) to stay with Warwick Broadband and expand as possible; 2) a hybrid model using roughly one half of the available State funds and use fiber and wireless in combination; 3) be a part of the cooperative of 32 towns bringing fiber to town through the WiredWest project; 4) use a private vendor like Crocker Communications or AXIA Consulting, which would involve using state funds with no plan for repayment of the debt service. Wyatt said that a private vendor would charge about $90.00 per month for internet service, and that these vendors see Warwick as a stand-alone town. He said that the ad hoc group Friends of Warwick Broadband has disbanded, and that he hoped many from that group would regularly participate in future Broadband Committee meetings and stay involved in the process. WiredWest's draft business plan of June 25, 2015 was discussed. Wyatt said that the financials were a small part of the 50-page plan, and that MBI was hiring financial experts to examine the spreadsheets and provide a detailed analysis of the numbers. Wyatt stated that without the residents believing we have a solid financial plan, support for the project will be lacking. Arguimbau said that the draft plan confirmed a lot that he has been worried about. He said that in the draft model, payback was for the debt service, which was just the interest and not the principal. Wyatt said that he had assumed that payback would have to be for all of the funds and not merely the interest. Young said that he had low confidence in the model at this point. Arguimbau said that the business plan must include how the Town gets back all of the funds, and wanted a guarantee from WiredWest to that effect. Wyatt said that what we have been given was very incomplete and that it would be worthwhile to pursue and bring up Arguimbau's questions and concerns. Arguimbau said that the current draft business plan has no clear responsibility to pay back all of the debt and also doubles the cost to the subscriber. Pruyne said that according to the draft, at 40% take the debt service (interest) is paid back; at 47% principal and interest are paid back and at between 55% - 65% there would be full reimbursement plus additional retained earnings. He said that he did not expect the figures to be very far off. Young said that he was appalled by the approximately $740,000.00 in executives' annual salaries, and noted that Crocker's model for Warwick had management fees at about $26,000.00. He also said that the monthly cost for subscribers would be about $70.00 - $80.00 with amortized debt for 30 years with replacement of network on a 30-year cycle and replacement of electronics on a 7-year cycle. Young noted that we are still so far from settled that we should just patiently move through the process. Arguimbau said that he understood why the WiredWest draft document offers no promises and won't have a guaranteed agreement, but that we have to say "no" without an agreement because the total price is extremely high. Wyatt said that he hoped for a vetted business plan and that was the best we can hope for. He noted that although many towns have passed Town Meeting votes, they have not signed any cooperative agreements because of concern about the numbers, adding he was unhappy with the current draft. Wyatt stated that he wants to feel that the plan is good with a solid business plan and spreadsheets that have been fully vetted, or he will not pitch it to the Town. He said that another month or two was needed to get a business plan with specific assumptions that can be thoroughly examined. Pruyne said that to ask WiredWest to guarantee us that they will repay our borrowing is unreasonable. Young said that he did not favor the current plan, but that we need to carefully examine future drafts, and that while Arguimbau's overall concerns were valid, a guarantee would not be a viable option. Arguimbau wanted to put together a letter of what needs to be included in a real business plan, and proposed that we tell them the draft business plan is no good and state what is required. Wyatt said that this was very appropriate; Arguimbau asked Wyatt to draft a letter to bring to the next Selectboard meeting. Wyatt said that there was a WiredWest meeting scheduled for Saturday, July 11 and asked permission that he and David Young be tasked with bringing up the various concerns and comments to that meeting. Bill Lyman said that as a citizen he wanted to see what the monthly cost would be for him; Wyatt said that $49.00 per month for internet is what WiredWest is currently proposing, while Crocker and AXIA would be more. Pruyne MOVED that Tom Wyatt, David Young and John Bradford be authorized to get together and come up with questions for what is wanted in the business plan for the July 11, 2015 WiredWest meeting. Arguimbau SECONDED. Motion CARRIED 3-0-0. 4. Regional Kennel Agreement--Young said that a Selectboard vote was required to execute the Regional Kennel agreement with the Franklin County Sheriff's office. Arguimbau asked Animal Control Officer Rosa Fratangelo what she thought about the agreement. Fratangelo said that the people in charge are well qualified and trained, and that the agreement is a benefit to the Town, and the actual cost was half of the amount budgeted. Arguimbau MOVED to authorize Dawn Magi as Chair to sign the Regional Kennel agreement. Pruyne SECONDED. Motion CARRIED 3-0-0. Magi signed the agreement. 5. Update on End of Year Reserve Fund Transfer Requests--Young said that the Finance Committee would be meeting on Tuesday, July 7th and that the following requests for Reserve Fund transfers would be before them: $5,600.00 $560.00 for insurance because we purchased more vehicles and were not billed until the end of FY 15; $200.00 for Town Clerk expenses; $330.00 for Accountant; $2,200.00 for the Fire Department including repair of a new to Warwick engine. 6. Selectboard Reports--There were no reports. 7. Coordinator Report--Young explained that he had drafted a memo to the Accountant regarding the FY 16 appropriation of $9,600.00 for the Building Commissioner and the Local Inspector clarifying that Phil Delorey, as department head, has final say in how the salary line is allocated. Chair Magi said that it was all right for the memo to be sent under Young's signature. New and Other Business Unanticipated at Time of Meeting Posting--Kimberly Smith of the Wagon Wheel Campground read aloud a letter addressed to the Selectboard and dated July 6, 2015 regarding new lines painted on Wendell Road the prior evening and limb overhang concern. The letter was written due to concerns expressed to her by Nicholas Hay over whether an RV camper could fit going down the road without crossing the line. She had further public safety concerns with overhanging limbs that, during hard rainfall, come down to windshield level. Highway Superintendent Larry Delaney said that the road is 19 feet wide in most places, and that after receiving Ms. Smith's message he had measured in half a dozen places and come up with 9 feet or 9 feet four inches from the edge of the pavement to the yellow line. Ms. Smith said that Mr. Hay had measured 8 feet in some places and eleven feet in others, and that when the lines were not in the center they favored the dangerous cliff side. Nicholas Hay expressed grave concern that he and his family might be injured or held liable if there were an accident or any incident where his vehicle crossed the center line. Ms. Smith said that there was a potential for injury from both the painted lines and the 10 - 15 overhanging tree limbs that are at a height of thirteen feet six inches in dry weather but bend down to windshield level in heavy rainfall. She also expressed concern about loss of business due to problems with the lines and the tree limbs. Both Smith and Hay threatened civil lawsuits at various points in the discussion. Delaney said that the Federal Highway Administration recommends a center line for pavement eighteen feet or wider and reiterated that he had measured between the town line and Moss Brook bridge and never found it too be narrower than nine feet. Ms. Smith said that within two hundred feet of the town line campers overhang the yellow lines because there is no room to allow them to stay within the lines. Delaney said that if the lines are not in the center of the road he can have the line painting company fix it. Ms. Smith said that she was asking for an off-site Selectboard meeting so that the Board members could come and see for themselves the lines and limb issues. She also thanked Delaney for calling her back so quickly. Fire Chief Ron Gates said that it was a dangerous road; Delaney said that it could be restricted for the size of vehicles if the road is too narrow for certain size vehicles. Scott Williams asked why there was no guardrail. Young suggested allowing Delaney to follow through and address these serious concerns. Smith said that she thought the yellow lines were a good idea. Magi said that Delaney needs to investigate further and report back to the Board before a decision is made on whether an off-site meeting is necessary. Lyman asked if it was possible to affix light reflectors to some of the trees in lieu of a guardrail. Delaney said that he could get some reflectors. Hay asked for a written copy of Delaney's findings; Delaney agreed and Young took Hay's E-mail contact information. Delaney and Smith agreed to meet at 6:30 a.m. on Tuesday, July 7th to measure the road in the areas of concern. Pruyne asked for an update on the Public Safety Building. Ron Gates, speaking for the Firemen's Association, said that they were pretty much at a standstill right now, but that the roof trusses were expected to be on site on July 15th. He said that there was no set time for the roofing materials, and mentioned the chicken barbeque being held from 1 p.m. - 2 p.m. on Saturday, July 18th. Lyman said that a Go Fund Me page had also been set up online for donations. Pruyne said that these efforts made him proud to live in this town. IV. Adjournment At 7:52 p.m., Pruyne MOVED to adjourn. Magi SECONDED. Motion CARRIED 3-0-0.