Town of Warwick Selectboard September 11, 2017 Minutes Members present: Dawn Magi, Lawrence Pruyne, James Erviti Others present: Town Coordinator David Young, Town Secretary and Animal Control Officer/Animal Inspector Rosa Fratangelo, Highway Department Superintendent Larry Delaney, Finance Committee member Steve Ruggiero, Gloria Varno, Brenda Hubbard, Jared Robinson (Athol Daily News) I. Call to Order Chair Pruyne called the meeting to order at 6:00 p.m. in the Town Hall. II. Minutes Magi MOVED to approve the minutes of August 28, 2017 as printed. Erviti SECONDED. Motion CARRIED 3-0-0. III.Presentations and Discussions 1. Outsourcing Accounting --Erviti said that it was unfortunate that the Accountant was not in attendance as he would find her input valuable. He said that he was waiting to hear back from Bob Dean at FRCOG. Young pointed out that a "no" or that they don't have time is considered as a response and can therefore be counted as a response. Erviti said that Bay State Municipal Accounting Firm, FRCOG, and a third firm are needed for the requisite three quotes, and that he would like more information on the third firm yet to be identified and FRCOG before taking any action. Young said that on advice of Town Counsel he informed Town Accountant Janice Barrett in writing of the Board's consideration of outsourcing town accounting and asked her to be available for a meeting with the Selectboard as she ought to be a part of the discussion. He said that she has not responded either way at this point. Young said that a scope of service needs to be developed to attach to the requests for price proposals. 2. Highway Department Outsourcing --Highway Superintendent Larry Delaney said that he did some calculations of the cost to run the trucks presented as the cost per hour. He handed out his informational sheet of operating costs of Highway Department trucks to the Board and Finance Committee member Steve Ruggiero. Young said that if someone retires or leaves the Highway Department before winter then we could contract a one-ton dump truck and hire the driver and truck only when needed. Ruggiero said they could hire only for the winter plowing season, and pointed out that many in Town would like the work in a season when their trucks might otherwise stand idle. Pruyne mentioned that on Gale Road, about a mile and quarter in from Athol Road and down a steep embankment, he saw a sofa and other trash dumped. The Highway Department will check into it. 3. Appointments --Young explained that three positions needed to be filled by Selectboard appointment: Alternate Representative to the FRCOG Council, Franklin Regional Planning Board Selectboard Representative, FY 18 Regional Emergency Planning Committee member. Pruyne agreed to serve in the first two positions; Erviti consented to serve in the third. Magi MOVED to appoint Lawrence Pruyne as Alternate Representative to the FRCOG Council and Franklin Regional Planning Board Selectboard Representative, and to appoint James Erviti FY 18 Regional Emergency Planning Committee member. Pruyne SECONDED. Motion CARRIED 3-0-0. 4. Follow-Up: Marijuana --Pruyne said that he and Erviti attended a FRCOG workshop on the subject of the marijuana legislation. Erviti said that the statutes are in place but regulations need to be written so that model by-laws could not yet be offered. Young noted that every town in all four of the western Massachusetts counties voted in favor of the marijuana law. Erviti said that as it stands now any zoning by-law to regulate or prohibit a commercial marijuana business must be passed at an Annual Town Meeting as well as by ballot at a local election by April of 2018. He also said that by July 1, 2018 if no regulations have been voted against it by the Town, licenses must be issued for commercial marijuana, either a grow or dispensary. Young said that a zoning by-law can prohibit or identify certain locations within town. Ruggiero said that a grow should be a separate issue from a dispensary. Erviti said that until the regulations are written so we cannot yet know how to proceed. He said that the Cannabis Control Board will soon, if they have not yet begun, to formulate regulations. Young noted that with enough political pressure the July 1, 2018 date may be moved. 5. Failed Dock on Town-owned Land on Moore's Pond ----Magi said that the lot between the properties of Gloria Varno and Brenda Hubbard is an open space with a right-of-way for the people of Pine Street and at some point someone built a dock which is now almost leaning against Ms. Varno's fence. Gloria Varno said that the dock is not at all stable, is all broken underneath and would fall on anyone who fell off of it and into the water. Brenda Hubbard that the dock being roped off with a sign does not make it totally secure, as someone could get around the rope. Young asked the Board if the Town wants to own the dock, to which Erviti replied "no". Magi noted that if some part of the dock is left behind, the Conservation Commission could be contacted for a permit to rebuild at some point in the future. Young said that the cost to research the deed and petition the court to remove the easement is high and recommended demolition. Delaney said that it would take about 2 hours for his Highway crew to, using a truck and the backhoe, put a chain around the dock, pick it up and bring its remnants onshore with minimal impact to the surrounding area. Hubbard noted that if there was never a permit pulled to construct the dock it is an illegal structure. Erviti MOVED to direct the Highway Department to remove the failed dock as best as they possibly can and dispose of it. Magi SECONDED. Motion CARRIED 3-0-0. 6. Special Town Meeting --Young said that a date needed to be set for the Fall Special Town Meeting and the warrant opened to allow the public time to submit any articles by petition. Erviti MOVED to set the Special Town Meeting for 7 p.m. on Monday, October 23, 2017. Magi SECONDED. Motion CARRIED 3-0-0. Young noted that the Moderator is available on Monday, October 16th as well as Monday, October 23rd. He said items for the STM included a low road salt resolution, appropriations to fund illegal dumping clean-up around town as well as the McKnight property on Wendell Road, a ban on feeding Canada geese, a Round-Up herbicide ban, and to rescind some of the $75,000.00 appropriation for the Fire Department voted at the May 1st Annual Town Meeting. 7. Hourly Pay rate for Lowest Pay Tier Broadband Installers--Young said that he would like to raise the hourly rate for the three Broadband installers on the lowest pay tier. He praised their work, especially that of Tim Gray, and requested that the Board approve a $2.50 increase in hourly pay, from $16.00 to $18.50. Young pointed out that Broadband can afford the increase in pay for the installers. Magi MOVED to increase the hourly pay rate to $18.50 for Jason Cook and David Koester, effective next pay period, and for Tim Gray subject to positive evaluation at the 6-month mark of his hiring. Erviti SECONDED. Motion CARRIED 3-0-0. 8. Selectboard Reports--Erviti said that someone had cleaned up a massive pile of trash on Brush Valley Road and wanted to thank the individual responsible for the clean-up. 9. Coordinator Report--Young said that a new name was added to the Veteran's Monument outside the Library. He noted that he and John Bradford will attend a two-day conference on LTE being held in Scranton, PA. Young said that 6 of the 12 poles have electricity installed, and that local electrician Brian Peters would sign off and get the work inspected. He noted that while he is disappointed with the speed of the build-out he is pleased that the cost is coming in under budget which is unusual for construction projects. Young discussed the Warwick Broadband operating and capital as well as progress on WiMAX and LTE. 10. Public Comment--Animal Control Officer and Animal Inspector Rosa Fratangelo spoke about a second confirmed rabid animal in Town within 6 weeks. She also outlined some basic rabies information and cautioned the public to be very aware when outdoors and to avoid all wildlife, especially mammals as these are the vectors for rabies. 11. New and Other Business Unanticipated at Time of Meeting Posting--None. 12. Executive Session--Pruyne read the following declaration: As Selectboard Chair I find that an open meeting may have a detrimental effect on the litigating position of Warwick and move to go into executive session for the purpose of discussing possible litigation. The Selectboard will not reconvene in open session except to adjourn. By roll call vote the Board voted to go into Executive Session: Dawn Magi - AYE; James Erviti - AYE; Lawrence Pruyne - AYE. IV.Adjournment At 7:58 p.m. Magi MOVED to adjourn. Erviti SECONDED. Motion CARRIED 3-0-0. Documents consulted at this meeting: *Draft Minutes of August 28, 2017 Selectboard meeting *Coordinator Report *Hampshire Council Purchasing - Winter Rock Salt *Emails from David Young and Andrea Woods (FRCOG) dated 9/6/2017 Re: Salt Use by Town *HEART Committee Presentation to the PVRS School Committee dated 8/24/2017 *Letter to DLS dated August 16, 2017 from Warwick Selectboard Re: Northfield-Warwick Community Compact Statement of Work *Operating Costs of Highway Department Trucks *Declaration to enter into Executive Session