Town of Warwick
Selectboard
August 3, 2015
                                                                 Minutes
Members present: Dawn Magi, Lawrence Pruyne, Nick Arguimbau (arrived at
6:03 p.m.)
Others present: Town Coordinator David Young, Town Secretary Rosa
Fratangelo,   Police Chief David Shoemaker, Police Sergeant Michael
Gelinas, Highway Superintendent Larry Delaney, Broadband Committee Chair
Tom Wyatt, WiredWest Representative John Bradford, Bill Lyman, Steve
Ruggiero, Maria Ruggiero, Kimberly Smith, Scott Williams, Martha Morse,
Eric Engman, Bob Kirley, Wendy Wirth, Zak Marti, Clare Green, Kasey
Rolih, Dan Dibble, Jon Calcari, Nicholas Hay, Jared Robinson (Athol
Daily News), Rachel Rapkin (Greenfield Recorder), Western Mass Live
cameraman

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
Pruyne MOVED to approve the minutes of July 20, 2015 as printed. Magi
SECONDED. Motion CARRIED 2-0-0
.
III. Presentations and Discussions
1.   Net Metering Credit Purchase Agreement with Seaboard Solar--Young
asked the Board to authorize him to finish negotiating with Seaboard and
to authorize the Chair to sign a three-year contract with Seaboard Solar
to purchase discounted net metering credits. He said that this will
likely yield about $32,000.00 per year in compensation to the Town.
Young pointed out that we can sell to other municipalities and achieve
full subscribership. He said that the project is expected to be online
by the end of this calendar year.
Pruyne MOVED to authorize the Town Coordinator to complete negotiations
with Seaboard Solar and authorize the Selectboard Chair to sign a three
year (with the possibility of renewal) net meter credit purchase
(agreement) contract with Seaboard Solar, provided the agreement sets
forth discounts of at least 22%. Arguimbau SECONDED. Motion CARRIED
3-0-0.

2.   Broadband Internet, MBI, WiredWest, Warwick Broadband --Young said
that he had received an updated premises count from MBI, and the
disparity is now down to twenty. He said MBI thinks we have 336
residences and 36 second, vacation or seasonal properties. 
	Tom Wyatt said that the MBI director is having a financial expert
review the WiredWest business plan. He said that Crocker has questions
about the WiredWest plan, and noted that Crocker has its own stake in
the matter. While Crocker does not propose to charge us as much for
certain aspects in the plan, the monthly cost to subscribers is around
$80.00. Wyatt said that Warwick would have money coming back to the town
by year five, but we would be making payments for the first four years
and it has not yet been revealed how much that might be. Young said that
the letter he and Wyatt worked on was sent to WiredWest, and that he
preferred Crocker's business plan to that of WiredWest at this point. 

	Young asked the Board for authorization to purchase the WiredWest
proprietary software at a cost of $700.00 to be paid from the Broadband
enterprise fund. 

Pruyne MOVED to approve WBS $700 purchase of Quantrix two-year software
license in order to make provision of local dynamic review of WiredWest
financial model. Arguimbau SECONDED. Motion CARRIED 3-0-0.
	
	Arguimbau said that we should to tell WiredWest that we need a
guaranteed return of 90% of the costs we are putting up. He said that to
issue a bond Warwick must have substantial control including the
ownership of assets, which we will not have. He noted that in the
business plan there is a statement that WiredWest might someday sell the
network, at which point we would no longer have any control at all, but
we need control to meet a bond requirement. Arguimbau noted that it is
not part of the current business plan that no sale to a third party can
occur until after all member towns' bond issues are paid off. Wyatt said
that different towns have consulted different bond counsels and have
been given different information. Arguimbau said that he wanted all of
his concerns addressed by bond counsel; Wyatt said that Arguimbau had
raised some good points. 
 
3.   Review Updated Selectboard Voted Policies Document--Young said that
for the last seven and a half years it has been the practice that
complaints are not handled by the Board until they have first gone
through departmental channels. 
	
	Magi said that Public Comment had been moved to the end of the
agenda because it takes up an inordinate amount of time and this way it
would come after all other business had been handled. Arguimbau said
that he wanted it back the old way as a convenience to the public. He
said that he thought there had been a policy made when he first came on
the Board. Magi reiterated that Public Comment has recently taken up
most of the meetings and that regular business is delayed by public
comment that goes on and on. Arguimbau said that there should be the
courtesy of a Selectboard discussion before placing Public Comment at
the end of the meeting.

Arguimbau MOVED to change Public Comment to include the following:
members of the public are advised that it may be more convenient to
address a staff person or department head and invite them to come with
you to a meeting if you are going to make a complaint.
	Nicholas Hay thanked Young for contacting him promptly via Email
regarding the
	issues of painted lines on Wendell Road. He said that last Wednesday
he called Dispatch and within ten minutes he received a response from a
detective but despite asking three times for a call from Chief
Shoemaker, he had not heard from the Chief. He said that this type of
issue should be brought before the Board.
	
	Steve Ruggiero said that everyone gets an agenda, and that comments
should precede votes to insure citizen input. Wendy Wirth commented that
going directly to the person with whom you have an issue is not
necessarily conducive to arriving at a good solution, and that going to
someone above them might help mediate the situation. Pruyne said that
you jump the chain of command if you do not first go to the department
head. Arguimbau said that it could be done on a case by case basis where
if the complainant did not first go to the department head, the Board
could ask that they do so. Young said that every department head should
be given the chance to do their job first, and that it is a solid
policy. Hay said that the policy could require the first or even second
contact to be with the department head and go to the Selectboard if
there is no response. Jon Calcari noted that when he was on the Board
people were directed to go to the department head first; Ruggiero said
that he agreed with going to department heads first.
	
	Fratangelo read aloud Arguimbau's motion. Martha Morse said that it
is outlined in the town's Personnel Policy that a complaint against an
employee has to first go to the department head. Young pointed out that
legally an employee must have 48 hours notice and may have a lawyer
present. He said that the policy as drafted will tend to protect the
town from violating the rights of employees. Arguimbau said that by
going on a case by case basis it can be evaluated whether it is an issue
that the Board should know about and to prevent anyone's legal rights
from being violated. He stated that he favored an open ended Public
Comment period.

Motion FAILED for Lack of Second.

	Pruyne said that people will follow the path that brings them
satisfaction, and that we are not a big town and people should come to a
meeting anytime and talk to the Board. He did not feel that there was a
need to legislate a method to lodge complaints. 
	
	Scott Williams said that Wagon Wheel Campground is currently in a
lawsuit with the Town that would not have happened had the Board of
Health had handled the issues. He said that he never received a phone
call from the Board of Health. Young said that with regards to going to
the department head first, we have been doing this right along. Kim
Smith said that she has documentation that complaints were never
addressed by town departments. She also said that she was in agreement
with Arguimbau and liked that the Board wants to be approachable and not
have a barrier wall between residents and the Board.

Magi MOVED that the practice that complaints go to department heads
before being acted on by the Selectboard be an official policy of the
Selectboard. Motion FAILED for LACK OF SECOND.

	Wyatt said that it was a good idea to have it written down and that
it was important to have a policy to have a well functioning local
government.

4.	Application For One Day Beer/Wine License--Young said that Dave
Shepardson of the Moore's Pond Beach Committee had applied for a one day
beer/wine license for a wedding on August 29th. This will benefit the
Beach Committee's water testing efforts.
Arguimbau MOVED that the Town issue a one day beer and wine license for
the Town Hall 12 Athol Road on August 29 to Dave Shepardson of the Beach
Committee. Pruyne SECONDED. Motion CARRIED 3-0-0.

5.	Surplus Property Declaration--Young said that there were ten new
tables for Town Hall, and that ten old brown tables could be declared
surplus to be sold. 

Pruyne MOVED to declare the old eight foot long Town Hall tables to be
surplus property and offer them for sale. Arguimbau SECONDED. Motion
CARRIED 3-0-0.

6.	Open Meeting Law (OML) Overview--Young went over some key points
of the Open Meeting Law. He said that 48 hour notice must be given in
posting a meeting, which does not include weekends or holidays. He gave
the example of a Selectboard meeting for 6 p.m. on a Monday, the meeting
must be posted by 6 p.m. the previous Thursday. Young said that meetings
can be held on weekends or holidays. Matters to be discussed are placed
on the agenda which must be posted so as to inform the public of matters
that will be up for discussion.

	Young noted that per the OML, no one may speak without first being
recognized by the Chair, as the public is not conveyed the right to
speak but only to observe the proceedings. The public's right to ask
questions or make comments is not part of the OML.

	Young said that anything of a deliberative nature must be discussed
in an open meeting, and that the only matters that a quorum of Board
members may discuss outside of a posted meeting are what to place on the
agenda, and when to hold a meeting. Former Westminister Selectman
Nicholas Hay pointed out that if the Board Chair allows the Town
Coordinator to speak without first recognizing him, then anyone else in
the room will be allowed to speak.

	Arguimbau brought up the subject of Selectboard members posting to
the "L", and said that if one member posts an opinion then the others
cannot because it will constitute a quorum. He said that it would be
best for Board members not to say anything on the "L", but the public
needs to know why. Hay said that a Board member can voice an opinion on
an open public forum, but Young pointed out that the "L" is a closed
forum because it is a group of subscribers and therefore private. Young
said that he would post an explanation of this on the Warwick "L" as to
why Board members may not weigh in on discussions.  

7.	Policy to Ban Firearms from Town Hall--Arguimbau said that the
Board should listen to the public before taking a vote, and that he
would make the motion as recommended by Young.

Arguimbau MOVED to prohibit firearms from Warwick Town Hall with the
exception of law enforcement personnel. Magi SECONDED.

	Pruyne said that he had mixed feelings, as this had not been a
problem in the past but that he also saw no point to have firearms at
Selectboard meetings.

	Kim Smith said that she felt threatened by what David Young said at
the last meeting that he had once shot a horse. She said that she felt
the comment was directed at her as a horse owner who also can have as
many as 20 horses on weekends at Wagon Wheel Campground. Smith wanted to
know if the Board had decided to have a police officer present at
meetings if firearms are banned; Magi replied "no". Young said that he
had been a horse logger for fourteen years and during that time had to
put down two horses, which he shot. Scott Williams said that he has
extensive experience with guns and that once you pull the trigger you
cannot take it back. He said that he felt uncomfortable, especially in
the presence of the media, that we are announcing that we will be
unarmed. Williams said that he feels safe knowing that someone he knows
is armed, and wanted someone known by him and the public or else Chief
Shoemaker to be armed at all meetings.

	Hay pointed out that the Police Chief allows those who carry to
apply for a license, and added that it is most often those who do not
obtain a permit who are the source of gun violence. Hay said that those
who apply for a license respect and obey the laws. Williams said that
those who sacrifice freedom for security achieve neither and lose both.
John Bradford said that in Texas it is a practice to deposit firearms at
bars or other places where emotions can run high, as when people get
angry they often don't think clearly or make the best decisions. Steve
Ruggiero pointed out that in the 250 year history of the Town nothing
has happened and while people have the right not to like guns, those
with the permits have the right to carry.

	Magi said that she doesn't dislike guns in their place, but that one
person whom she once considered a friend and she knows often carries a
gun threatened her and that she no longer feels safe. Wyatt said that he
thought that a threat was made and that he was appalled by the rude
behavior of the individual. He said that the Board must take care of
people's demeanor at meetings.

	Bill Lyman asked about Town Counsel's opinion on the issue. Young
read aloud from an Email sent to him by Town Counsel Jeremia Pollard:
"The Selectboard manages Town property. As the executive board, it can
make adjudications regarding town property, including town hall. In this
regard, I think it is likely that a firearms ban for Selectboard
meetings would survive a constitutional challenge (at least in
Massachusetts)... If it is violated the remedy that makes sense to me is
to serve a no trespass notice on anyone who refuses to comply with the
order."

	Jon Calcari said that in 56 years of carrying a gun he has never
threatened anyone with a gun. Hay said that personal feelings may
impeded judgment and may not be in the best interest of the town. Young
said what has to underlie the decision is a compelling governmental
interest to regulate firearms in this building. He noted that the Board
can regulate for meetings or the building.

	Pruyne said that the perceived threat may have been a momentary
aberration in behavior, and that he himself did not feel threatened,
noting that the comments made were not directed at him. He said that he
hesitated to think that there is a compelling governmental reason.
Arguimbau commented on the prevalence of gun violence around the country
and the world, and said that there is a lot of anger in the world. He
pointed out that during the day Town Hall there are usually two or three
people working in isolated rooms, and someone with bad intentions could
come in with, as an example, the intent to commit burglary and find a
person working. The perpetrator could see that person as a witness and
fear could lead to a shooting, especially if the person were paranoid
and on drugs. 

	Smith asked that since Magi feels threatened and tensions run high,
will the Selectboard have an officer present at meetings, at least until
things calm down. She also asked Magi if she would feel more comfortable
with an officer present. Magi said that people come to meetings angry
because they do not like something. She said that she is not depriving
people of their right to bear arms, that just for meetings please do not
carry a gun, and if they don't like it they don't have to come to
meetings. 

	Wyatt asked about having the meetings at the School where firearms
are prohibited by law. Ruggiero said that the right to carry is a
constitutional right and that the Town will have to pay a lawyer to
defend the ban in court. Hay asked how they can guarantee no one is
carrying without a metal detector or a uniformed officer checking for
guns. Young commented that the right to bear arms does not seem to be
unrestricted.

	Martha Morse said that she assumed guns were banned in all town
halls and that she was astounded that people could carry in Town Hall.
She said that if a Selectboard member feels uncomfortable that should be
taken into consideration. Wendy Wirth, who identified herself as a
person licensed to carry a firearm, said that the behavior at the
meeting should be looked at and what caused emotions to run so high. She
suggested the use of a mediator to show how better to run and control
meeting rather than restrict the right to carry a gun.

	Pruyne noted that a longstanding frustration with the Board may have
precipitated the behavior in question. He said that pragmatically a gun
ban policy probably won't bring any substantial change to things in Town
Hall, adding that he did not anticipate any violence in the future.
Wyatt said that he lives here because of the quality of the people and
how we get along, which is why so many positive things happen in this
town.

	Pruyne asked if the ban would extend to the Library or the Town
Common/Green. Magi said only Town Hall because that is where meetings
where people can get mad are held. Arguimbau said that he was
uncomfortable how the building is set up where someone can come in
without being noticed. He asked if Jon Calcari would apologize to the
Board for his being out of line that once, for raising his voice and
being scary. Calcari said that he had raised his voice to get the Board
to pay attention and listen to the people who put them in office.

	Lyman asked if the Board would consider tabling the issue until Town
Counsel could give an estimated cost if this were to go to litigation.
He added that he had listened to the recording of the July 6th meeting
and that while he was startled by the level of emotion, he did not
believe that there had been any intention of a physical threat to any
Board member. He said that he agreed with Pruyne's idea of early
ejection as a way to cut off a conversation before it escalates. Young
said to vote now, that the policy is not based on one incident and as
both an employee and a resident he asked the Board to ban firearms from
this building.

Motion CARRIED 2-1-0. Magi and Arguimbau: AYE; Pruyne: NAY.

 8.	Highway Department--Highway Superintendent Larry Delaney said
that he had spoken with a guardrail company regarding a guardrail for
Wendell Road from the bridge to the town line. He said that the cost
would be in the vicinity of $60,000.00, but longer posts would be
required for the steep areas. He noted that the banking is all rock and
would need to be drilled, and that no cost estimate for that can be
given without the site being seen. Delaney said that he felt it would be
ill advised to disturb the area filled with large rock until funds were
available for major restructuring. He said that nothing could happen
this year. Young suggested beginning the permit process; Delaney
concurred.
	
	Delaney said that several of the low hanging tree limbs on Wendell
Road had been removed. He said that the canopy is low and had not been
trimmed for many years. He said that to safely trim these limbs, a
bucket truck is needed, and that he would be looking at one this week
that is for sale in Orange. Delaney said that right now it is not with
the Highway Department's capability to trim the canopy. He said to rent
one would cost about $100.00 per hour. Young said that if the truck is
in good shape, the cost could be split between the Highway and the
Broadband enterprise fund.

	Delaney said that removing dirt from the edge of Wendell Road and
correcting the painted lines are on his list of things to do, and that
the lines will be redone this summer.

	Delaney said that a Chapter 90 drainage project for Northfield Road
includes three culverts to be changed due to collapse or deterioration
of the old ones, as well as marking trees that may be affected by the
work.

	Delaney said that all the invoices were in for the new John Deere
loader and gave the forms for a Chapter 90 reimbursement request to
Chair Magi for her signature. 

	Hay thanked Delaney and Young for keeping on top of his Wendell Road
concerns and apologized for things getting a little heated at the July
6th meeting. He said that he is still concerned about going up Wendell
Road with the lines the way they are because the lanes are too narrow.
He said that his request for a police escort was denied when he came to
town last Wednesday and asked three times for Chief Shoemaker to contact
him but he had never heard from the Chief. He said that he expected to
hear from the Chief by Sunday. Chief Shoemaker told Hay that he had been
spoken to by police personnel. Hay said that he wanted it on the record
that this was how the Police Chief handled it. Hay left the meeting.

	There was a consensus of the Board to allow the Chair to sign the
Chapter 90 reimbursement request for $126,077.24. 
 
9.	Selectboard Reports--Pruyne said that he attended a FERC meeting
last Friday and that people were told that the meeting was full and were
stopped from coming in, although there were open seats. He said that Ted
Cady outlines the serious impact the pipeline could have on our area.
Pruyne noted that negative health implications could result from the
volatile organic compounds and radioactive materials from routine
maintenance venting at the Northfield compressor station.

	Arguimbau said that according to the Marcellus second quarter report
production is up from a year ago but revenues are way down and that they
are rapidly losing money. 

	Magi said that she attended a FRCOG meeting last week and that no
one was in favor of House Bill 3665, Act to Improve Public Records, as
it is written. She said that she has voiced opposition to how the act is
written, and that it would be too expensive for towns like ours because
there will no longer be a way to recoup any costs. Young commented that
this would be another unfunded mandate and that under the current act we
can charge per copy at the rate of compensation for the lowest paid
person qualified to do the job, but under the new act there would be no
provision to allow us to charge for the information provided. Arguimbau
suggested going back to the Legislature as a group of small towns if it
becomes too costly. Young said that as a result of a telephone
conversation with her, representative Lee now understood the
implications of this unfunded mandate, as he was the first to bring this
aspect of the act to her attention.

10. Coordinator Report--Young said that due to the OML 48-hour notice
requirement, a couple of items had to be put off until the next agenda
because they came in to him after the deadline.
	
	Sergeant Michael Gelinas said that Nicholas Hay had called Shelburne
Dispatch and that Detective Joseph Powling had responded to him and
suggested an alternative situation that was not the answer Mr. Hay
wanted. Gelinas said that there was no request from Hay to speak to
Chief Shoemaker, and that there was no need to bring this to a
department head because no request was made. He also said that Mr. Hay
did not provide the Chief with the respect to listen to him at this
meeting.

11. New and Other Business Unanticipated at Time of Meeting
Posting--None.

IV.	Public Comment	
Wendy Wirth referred to a newspaper article in the July 22, 2015
Greenfield Recorder and said that she found it embarrassing that the
Town was represented by the language used in a quote made by Town
Coordinator David Young. She also asked that there be no use of
electronic devices at the table while the meeting is going on. She said
that there was a need for everyone to behave in a civilized manner in a
public meeting and thanked Tom Wyatt for his guidelines on meeting
civility. Wirth appealed to all to control their language and be civil.

Bill Lyman said that he has been having trouble with his recordings of
the meetings and that tonight his recorder shut off for about a half
hour. He said that he wanted to withdraw from recording the meetings,
that he would post what he could online, and that he wanted to see a
continuation of meetings being reliably recorded. He offered his
assistance to whoever takes over the project.

V. Adjournment
At 9:11 p.m., Magi MOVED to adjourn. Pruyne SECONDED. Motion CARRIED
3-0-0. 

Documents consulted at this meeting:
Springfield Republican commentary: "Warwick, Leave Your Guns At Home"
Minutes of July 20, 2015 Selectboard meeting
Broadband supplemental funding letters and documents from Hawley and
Petersham
Letter by Coordinator Young to Representative Marks
Draft letter on funding from Selectboard to Representative Lee
December 22, 2003 Selectboard minutes on handling Highway complaints
January 3, 2005 Selectboard minutes reiterating first policy
Memo regarding disparity between May 4, 2015 ATM budget summary and
Omnibus budget
Memo regarding meeting with Congressman McGovern's staff
Memo from Mintz Levin Issuance by Cities and Towns of Tax Exempt Debt
for Broadband Systems
Town Counsel opinion giving go-ahead for gun ban
Special improvement districts
List of Motion suggested by Town Coordinator J. David Young
Coordinator Report July 30, 2015
E-mail from Wyatt to Drawes re: Questions about WiredWest
Participation guidelines
Draft EFSB comments from Planning Board
Cadwell letter re restricting firearms
Coordinator Open Meeting Law review


Minutes taken by Rosa Fratangelo