Town of Warwick Selectboard August 17, 2015 Minutes Members present: Dawn Magi, Lawrence Pruyne, Nick Arguimbau Others present: Town Coordinator David Young, Town Secretary Rosa Fratangelo, Special Police Officer Bruce Kilhart, Treasurer Beth Gilgun, Broadband Committee Chair Tom Wyatt, Bill Lyman, Steve Ruggiero, Dick Shepardson, Pat Shepardson, Diane Miller, Barbara Noel, Gloria Varno, 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. II. Minutes The minutes of July 6, 2015 and August 3, 2015 were put off until the next meeting because the printed draft minutes were not included in the Board members' meeting packets, and there was some disagreement about the proposed changes Chair Magi made to the July 6th minutes. III. Presentations and Discussions Chapter 268:20D Exemptions and Special Municipal Employee Designation--Young said that the Town Clerk had made a list of Election workers who hold other positions in town and should therefore be granted an MGL 268:20D exemption. Also recommended was designating the position of Election Worker as a Special Municipal Employee. Arguimbau MOVED to designate the position of Election Worker to be a Special Municipal Employee. Pruyne SECONDED. Motion CARRIED 3-0-0. Pruyne MOVED to grant MGL 268:20D exemptions to: Beth Gilgun, Barbara Walker, Christine Duerring, Bruce Kilhart, Nancy Kilhart, Martha Morse, A. George Day, Jr., Kasey Rolih, Helen Whipple, Carol Foote, Clare Green, Fredericka Fellows, Andrea Woods, Dan Dibble, Arthur Long, Ann Kendall, Karro Frost. Arguimbau SECONDED. Motion CARRIED 3-0-0. 2. Broadband Internet, MBI, WiredWest, Warwick Broadband --Tom Wyatt said that he and David Young had had a conversation with MBI and were awaiting written confirmation of the latest premise count of 372, which includes seasonal properties. The premise count number needs to be as accurate as possible as it directly impacts the budget numbers. Wyatt and John Bradford attended a WiredWest Board of Directors meeting on August 8th, where they garnered more information and had more questions answered. Wyatt explained that the use of the middle mile (connects local network to the internet) is still the most contentious point. WiredWest wants to have the middle mile regionally over the 32 towns while MBI wants it in each individual town with its own electronics. Wyatt said that a 50% take rate across the region will result in the towns being able to pay back the bond debt and see revenue come in as well. He said that the advance sign-up campaign should reach 40% before the WiredWest project is brought before Town Meeting. Young said that in September we will start to do our own work on reviewing the financial model, and noted that we must decide which way we will be going by the end of this fiscal year (June 30, 2016). Magi, Young and Wyatt concurred that more information is needed. Arguimbau referred to the WiredWest Financial Modeling Process document in asking several questions. He wanted to know how we could have been solicited on feedback on the latest model if we had not yet seen it; Wyatt confirmed that the Board did see the model in June. Young noted that MBI's version of Warwick's data was not accurate at all, to which Arguimbau replied that we cannot review a plan that doesn't contain accurate information. Young said that fiber miles will prove most critical to the cost of the project, and that we would borrow based on cost of fiber miles. Wyatt said that there were more errors in the figures for Warwick than for the 32 towns as a whole. Arguimbau said that we cannot know if the figures in the market study were correctly applied until we see it. Wyatt said that he will find out more, as he was not entirely sure to what this refers. Arguimbau wanted to know if the estimated 70% regional take rate included television; Wyatt said that he presumed it did not, as the focus is on internet. Pruyne pointed out that 48% take rate ensures sustainability of the regional network. Young suggested that Arguimbau begin attending the Broadband Committee meetings at Town Hall, and noted that the next meeting will be held Thursday, August 20th at 6:30 p.m. Pruyne inquired as to how many fiber miles would be involved. Young said 55-56 miles; Wyatt concurred. Young said that the cost per mile would be approximately between $40,000.00 and $50,000.00. Wyatt said that he would pass along Arguimbau's latest questions to WiredWest and MBI. There was some further discussion on speed and costs. 3. Election Worker Appointments--Town Clerk Rosa Fratangelo had made a list of Election Workers to be appointed by the Board. Arguimbau MOVED to appoint the following as Election Workers for a term beginning September 1, 2015 and ending on August 31, 2016: A. George Day, Jr., Calvin Fellows, Bruce Kilhart, Beth Gilgun, Pat Vandenberg, Clare Green, Dan Dibble, Jaylin Dibble, Fredericka Fellows, Ann Kendall, Arthur Long, Judy Johnson, Sheryl Fontaine, Carol Foote, Barbara Walker, Nancy Kilhart, Diana Tandy, Kasey Rolih, Kathryn Woods, Andrea Woods, Jessica Foote, Regina Curtis, Susan Wright, Karro Frost, Christine Duerring, Helen Whipple, Rod Whipple, Martha Morse, Tracey Weed, Rita McConville and Maria Ruggiero . Pruyne SECONDED. Motion CARRIED 3-0-0. 4. Treasurer--Treasurer Beth Gilgun presented the Board with paperwork to sign for anticipated borrowing. The bond anticipation notes were for the WCS roof ($135,000.00), WCS sprinklers and the Highway truck ($131,000.00) and a Chapter 90 anticipation note ($395,000.00). Gilgun noted that the Town cannot meet the up front costs without borrowing. The Board members signed the paperwork. Gilgun said that the Town Clerk will also have to sign and affix the Town seal to each set of documents. 3-0-0. 5. Emergency Response MOA--Young said that this is a memorandum of agreement (MOA) between the Town and the Franklin Regional Transit Authority (FRTA) for emergency response transportation. He noted that this is mutual aid and that the Town would incur no costs. Young said that the Fire Chief recommended that the Board sign the agreement Pruyne MOVED to accept the MOA for Emergency Response Transportation between FRTA and the Town. Arguimbau SECONDED. Motion CARRIED 3-0-0. Magi signed the MOA as Board Chair. 6. Change to Net Meter Credit Purchase Agreement--Young said that the vote taken at the July 23, 2012 Special Town Meeting authorized the Selectboard to enter into a net metering credit purchasing agreement for a term of more than three years. He said the agreement before the Board is for twenty years with a five year renewal clause, and would replace the previously approved three year contract with renewal clauses. Young said that we would be purchasing credits valued at one dollar and we would pay seventy-five cents; he likened it to paying seventy-five cents for a one dollar gift certificate. Pruyne MOVED to change the term of the Seaboard Net Meter Purchase Agreement to 20 years. Arguimbau SECONDED. Diane Miller asked if this Board was now making a decision for the Town for twenty years, even when solar is getting less expensive for homes. Young said that this agreement is only for the electrical needs of Town of Warwick municipal buildings and not private residences. Motion CARRIED 3-0-0. 7. Update on Proposed Acquisition of a Bucket Truck--Young said that if the Town were to purchase a bucket truck it would be under the control of the Highway Department and shared with Warwick Broadband and the Tree Warden. He said that Highway workers were qualified to run the truck and WBS or the Tree Warden could pay the Highway workers' hours. Young said that he and Highway Superintendent Larry Delaney have yet to find a suitable truck, and noted that the Selectboard would have to approve any such purchase. 8. KM/TGP Pipeline Update--Arguimbau sent a letter to Stephen August of the Massachusetts Energy Facility Siting Board and Norman Bay of FERC regarding the proposed Kinder Morgan pipeline. He said that the main purpose of his letter was to ask for an independent review and analysis to see if there really is a need or a demand for the pipeline. Pruyne praised Arguimbau and Magi thanked him for the letter. 9. Meeting Participation Guidelines--Magi read aloud the Participation Guidelines for Selectboard Meetings written by Tom Wyatt: Civility is the prime directive. No personal attacks, obscene speech, rudeness or threats. Wait to speak until recognized by the Selectboard Chair; identify yourself. Continue to ask for recognition to speak even if you spoke before. Be respectful of others' opinions, even if you disagree with them. Please refrain from side conversations - with those present or on cell phones. We are hopeful that these guidelines are a way to establish what is and is not acceptable in a Selectboard meeting. They give legitimacy and strength to Selectboard members (and others), encouraging them to speak up when out-of-bounds behavior arises. Those that are unruly are not likely to stop because of guidelines. However, they may well cool it in the face of a strong, willful stance supporting respectful discussion backed by these agreed upon guidelines." Arguimbau said that he found the guidelines irrelevant and unnecessary but fine, as they were basically guidelines for all meetings anywhere. Pruyne said that it was good to codify the guidelines. Arguimbau MOVED to adopt the guidelines. Pruyne SECONDED. Motion CARRIED 3-0-0. 10. Continued Consideration of Policy Regarding Complaints--Arguimbau said that at the last meeting there was a very lengthy discussion and two motions were made that failed for the lack of a second. Pruyne said that he did not like the language of either motion and felt that it needed some refinement. Magi said that she still felt that the first step is to contact the department head before coming to the Board because the department head knows what is going on within the department and should have the first opportunity to solve the issue. She gave as an example someone who says that they don't like the way a road was plowed should first go to the Highway Superintendent because he knows more about plowing issues. Magi said the Board should try to solve the problem only if the Highway Superintendent cannot. She stated that people need to go through the proper channels before bringing an issue to the Board. Arguimbau expressed concern that this could restrict public comment. Diane Miller brought up the firearms ban voted at the previous meeting and said that her Second Amendment rights were violated. She inquired if the proper procedure would have been to contact the Town Coordinator and should he have referred her to a Board member, and asked how, where, and with whom does someone complain about something that happened at a Selectboard meeting. Magi clarified that for a complaint against an employee or department (i.e. improperly plowed roads) go first to the department head, and for a comment that you do not like something that happened at a meeting, Public Comment is the proper forum. Pruyne said that he had drafted a motion that would allow the Board to be informed and kept abreast without requiring any action. Young noted that legally there are specific procedures to be followed regarding a complaint against a public official or Town employee, which include a complaint made in writing and addressed in an executive session of the Selectboard. Pruyne MOVED to direct complaints to the appropriate department head coupled with a notice to the Board of Selectmen for possible follow-up. Arguimbau SECONDED. Motion CARRIED 3-0-0. 11. Placement of Public Comment on Agenda-- Arguimbau MOVED to place Public Comment at the beginning of the meetings. Pruyne said that doing this would interrupt the Board's ability to conduct basic business, and that basic business needs to be handled before public comment. He said that public comment can incite discussion and issues raised can become future agenda items. Young said that the Open Meeting Law says to put matters on the agenda so the public knows what will be discussed and that people who show up with the issue of the day should not come before agendized items. Arguimbau said that the Board should listen to the people. Magi said that statements are supposed to be brief and if issue generates a lot of talk it should be put on a future agenda. Arguimbau pointed out that the Chair has the power to shorten the discussion and keep things moving, and added that the Chair is control of the agenda but not in control of the substance of comments made during public comment. Pruyne said that comments could go on as long as necessary if Public Comment were placed at the end of a meeting and not before the scheduled agenda items. Arguimbau proposed having Public Comment at the beginning and continued public comment at the end if comments go on too long. Dick Shepardson said that public comment at the end makes sense, after the Board's scheduled business has been handled. Arguimbau said that it was an assumption of convenience that the public does not have to wait until meeting's end to make comments and that people will not come if they know they will have to wait. Shepardson said those with important comments will be willing to wait until the end of a meeting. Bill Lyman said that what it comes down to is that the Board needs to see that people who show up and comment are there to help the Board understand them and to recognize that their attendance is to help the Board know how to best represent them. Arguimbau said that he was concerned that this could result in having as little public input as possible. He referenced a conversation that he said he overheard outside of a public meeting between two now former Selectboard members to the effect that as little public input at meetings as possible was desirable. Magi said that it is a courtesy to give the first chance to speak to those who have asked to be put on the agenda. Steve Ruggiero said that he favored Arguimbau's suggestion of public comment at the beginning and continued at the end when necessary. He suggested imposing a time limit on the comments made at the beginning so as not to delay the basic business while still allowing people to have input early in the meeting. Arguimbau asked for a show of hands as to preference; Pruyne noted it would be a non-binding show of hands. More than half of those in attendance raised their hands to show that they were in favor of Public Comment at the end of the meeting. Arguimbau's MOTION FAILED FOR LACK OF A SECOND. Pruyne MOVED to place Public Comment at the end of the agenda for Board of Selectmen meetings. Magi SECONDED. Motion CARRIED 2-0-1. Magi and Pruyne: AYE; Arguimbau ABSTAINED. 12. Selectboard Reports--None. 13. Coordinator Report--Young said that a discussion on FERC, plus the draft minutes of July 6, 2015 and August 3, 2015 will be on the agenda. He said that he was looking into cloud based recording of meetings that would allow for real time streaming as well as on demand streaming. Young concluded by saying that the final VT Yankee MEMA contract needed to be signed. Pruyne MOVED to authorize the Chair to sign the contract with MEMA in the amount of $8,500.00. Magi SECONDED. Motion CARRIED 2-1-0. Magi and Pruyne: AYE; Arguimbau: NAY. Arguimbau said that Young had given a great and informative report. 14. Public Comment--Ruggiero asked the Board to reconsider the vote on banning firearms in Town Hall. Arguimbau said that he would rather not but that this could be placed on a future agenda. Magi said that she would rather not as she had "been through enough". Pruyne said that he saw drawbacks to it and had voted against it as he saw it as a sweeping measure that restricts the rights of all citizens and was not the way to address a situation between individuals. He said that the way to address a conflict was on an individual level to resolve fears and mitigate the impact to the people as a whole. Young said that as a Town employee he was uncomfortable that concealed firearms could be in the room. He said that he saw the Board's vote as an important symbolic step and hoped that the Board would uphold its decision. Diane Miller said that her son has done four tours in the military and is a Staff Sergeant in the U.S. Army Special Forces. She said that over an apparent personal conflict the Board took away what her son fights for every day - to have our rights protected in the U.S. She said that her son puts his life on the line every day by choice to protect the personal rights and freedoms of Americans. Miller said that the Board should deal with personal fears without taking away those personal freedoms and rights. She suggested moving the meetings to the School where guns are not permitted. Miller stated that other things could have happened without taking away the Second Amendment rights of anyone who enters Town Hall. She said that she did not like that her rights under the Second Amendment had been taken away from her, and that she wanted to keep the right even though she would choose not to exercise it at meetings. Miller said that Town Coordinator Young had told her by telephone that the matter was closed and that there would be no further discussion, then likened this to a dictatorship rather than a democracy, because with democracy there is discussion and with a dictatorship we are told this is it, no further discussion. Arguimbau said that his decision was based not on an individual but on the layout of the Town Hall building, because people work alone in little corners of the building and anyone could come in thinking the building was empty and then confront someone working and if that person had a gun he could potentially eliminate a witness. He said that he did not want to open this up and put it on another agenda because Town Counsel said we could ban firearms. Shepardson said that the Board made a good choice and there was no reason to have a gun because there is no place for guns at a meeting. Wyatt said that he took exception to the dictatorship reference because this Town is inclusive, works cooperatively, things are talked about, and the people listen to each other. Jon Calcari said that he was trying to convey what people do and don't like, and that he has tried to talk to Magi in the past but she does not listen. Magi denied this, and stated that she would not vote for something she did not believe in. Lyman said that it is the goal of all to stay safe, and that rules send a message, even though he is not sure that they will work. He said he hoped that this Town will stay a nice safe little place. Arguimbau MOVED to deny holding a meeting for reconsideration of the issue because there was no new information brought up that had not been brought up at the original meeting. Magi SECONDED. Motion CARRIED 3-0-0. Diane Miller said that the sign on the Town Hall doors referred to "all weapons" and asked for a definition of weapon because anyone could be carrying something that could conceivably be called a weapon. Young acknowledged that the signs were faulty and said that he would revise them. Pruyne said that the Board by its majority had made its decision and any change would come at a Town Meeting. He said that gun permits are there to protect society much as helmet or seat belt laws, which is why guns are excluded from certain buildings. Ruggiero pointed out that even though we have the right to vote we must register to vote. Miller said that the law abiding citizens who pay to take the course, pay to get the permit and are approved by the Police Chief to apply for the permit are not usually the ones who the perpetrate gun violence. Young said that he was told by the Police Chief that the list of those who hold a license to carry a concealed firearm is not a matter of public record. Shepardson said that there was a resident in town who owns a bucket truck and it would be more cost effective for the Town to rent on an as needed basis than purchase a truck. Young said that while prevailing wage is about $50.00 an hour plus the truck, it would be cheaper to own the truck, pay the Highway worker's rate of $17.00 an hour and have the truck available to help with the fiber build for Broadband. Lyman noted that two residents passed away recently: Helen Perkins and Mr. Gerard of Flower Hill Road. 15. New and Other Business Unanticipated at Time of Meeting Posting--None. IV. Adjournment At 8:37 p.m., Arguimbau MOVED to adjourn. Pruyne SECONDED. Motion CARRIED 3-0-0. Documents consulted at this meeting: Minutes of June 7, 2010 Selectboard meeting re: Public Comment E-Mail from Drawes to Wyatt re: Questions about WiredWest WiredWest Financial Modeling Process WiredWest income cost summary - 2 Revised Meeting Participation Guidelines Coordinator 20-year net meter credit procurement memo Net Meter Purchase Agreement Warrant for July 23, 2012 Special Town Meeting FRTA Letter and MOA for Emergency Response Transportation Town Clerk list of Election Workers for Appointment Town Clerk list of Election Workers who hold other positions in Town Arguimbau letter to Stephen August and Norman Bay Minutes taken by Rosa Fratangelo