Town of Warwick Selectboard September 26, 2016 Minutes Members present: Dawn Magi, Lawrence Pruyne, James Erviti Others present: Town Coordinator David Young, Town Secretary and Town Clerk Rosa Fratangelo, MCAP representative and Broadband Committee member Miryam Williamson, Broadband Committee Chair Tom Wyatt, James Kilroy, Jared Robinson (Athol Daily News) I. Call to Order Chair Magi called the meeting to order at 6:00 pm in the Town Hall. Magi noted with sadness the recent passing of our neighbors Bert Ballou and Lisa Crosby. II. Minutes Pruyne MOVED to approve the minutes of September 12, 2016 as printed. Erviti SECONDED. Motion CARRIED 3-0-0. III.Presentations and Discussions 1. Accounting Update --Young said that the next meeting with the Accountant was scheduled for Friday, September 30th. He noted that some progress is being made on recording revenue, which is now being done much more quickly than in the past. Young said that there was overall progress being made. He pointed out that because revenues to us need to be shown, which may be a reason to slow down on the closing of the books to boost free cash. 2. MCAP Update--Miryam Williamson said that at the September meeting two ideas were discussed, regarding the DPU and Berkshire Gas. She said there is the impression that DPU tends to rule in favor of the utilities they regulate, and that the records will be double checked and a statement will be issued if the impression proves to be true. Williamson noted that Berkshire Gas has declared a moratorium on new customers in reaction to the failure of the Pipeline. She said that the next MCAP meeting will be in November. 3. Personnel Policy--Magi said that the revisions are almost finished and that she will type up the changes once the review is completed. 4. Broadband--Tom Wyatt said that the Broadband Committee met last week at which time John Bradford made a presentation on the monitoring software. He said MBI was also discussed. Young said that our WBS build-out does not involve the need for an OK-letter from the DOR. He said he estimates hearing from MBI with a decision on the grant application in a couple of months. The amount requested in the grant application is $450,000.00. 5. Selectboard Reports --Erviti wanted to know if he as a Selectboard member could have a "No 'jake' brakes" sign on the Barber Hill area of Route 78. Young suggested that Erviti ask the Chair to place the issue on the agenda for a future meeting, He also said that he would check to see if Erviti should recuse himself and sit in the audience rather than act on a decision because the noise from the "jake" brakes (engine brakes on 18-wheel trucks) affects him in his own home and therefore as a resident rather than a Board member. 6. Coordinator Report--Young said that Highway Superintendent Larry Delaney had mentioned the Municipal Small Bridge program under which grant funding of up to $500,000.00 can be made available for bridges between 10 and 20 feet in length. Young said that there had been some discussion of reestablishing the bridge on Bass Road (formerly White Road) which has been closed for 15 years, and noted closest resident Mary Humphries opposes rebuilding the bridge. Young said that Town Counsel Jeremia Pollard would not be able to attend the public hearing at 7 p.m. because he had a meeting in another town, but he did offer an opinion on the propriety of people making comments to Board members outside of an open meeting rather than offering testimony before the Board during the hearing. The gist of Pollard's opinion was that the Board should not consider or base any findings on comments made outside of a public hearing, and that an anonymous comment is tantamount to no comment when the Board is making a decision as part of its official duties. 7. Public Comment--None. 8. New and Other Business Unanticipated at Time of Meeting Posting--Young said that PVRSD Superintendent Ruth Miller is eager to meet with the Selectboard and Finance Committee to begin the FY 18 budget discussions. As the meeting had to remain open due to the scheduled public hearing at 7 p.m., discussions included how figures appear within the School budget and an explanation of the mechanisms and hours of Early Voting was given by the Town Clerk. 9. Public Hearing for On-Premises Wine and Malt License for James Kilroy at 5 Orange Road--Magi opened the hearing at its scheduled time of 7 p.m. It was determined that speakers would be limited to 4 minutes, and the floor was given over to Jim Kilroy. Kilroy said that he has been rehabilitating the old general store and had opened the Barn owl as a coffee shop in the morning and a pizza place in the evenings. He said that he would like the Barn Owl to eventually become an eatery that serves beer and wine to compliment the meals he serves between 5 p.m. and 9 p.m. He emphasized the fact that he has no intention to run a bar or serve any cocktails or hard liquor. Kilroy noted that he is trying to reconnect with the community where he grew up and become a part of that community. Kilroy read aloud the requirements for a person to be allowed to be served alcohol which included the individual be at least 21 years of age and be known to be a person of good character in Town. Erviti asked about the TIPS training; Kilroy said that as manager of the Barn Owl he was going to complete the ServeSafe certification program. He noted that if he is granted a license he will not be serving the alcohol but rather will employ a bartender who will have to complete the same certification. Erviti pointed out that if the Board approves the application, the State takes about ten months to investigate and make its decision. If the State rules in the affirmative, the Selectboard has seven days to approve or deny the application as the actual issuer of the license. He noted that restrictions on the time alcohol is served can be placed as a condition of issuing the license. Kilroy said that he was aware of these facts, and said that he would be meeting with his insurance company tomorrow for the liability insurance. He said that he knows the process is slow and that he is looking at the license as part of a long term goal. Pruyne said that he had heard some concerns of Kilroy's own alcohol use and that people were disturbed by things that have occurred here and elsewhere. Kilroy said that he has had a pretty rocky last six years, but that he is now sober and completed a 40-week/2 hours a week Moving Forward Program for men overcoming violence. He said that he is learning to communicate well with people and has done what he needed to do to become a better person. Kilroy stated that he realizes he has choices and can now make better ones. He said that he takes responsibility for his past bad choices and is growing and learning and looking onward and upward going forward. Kilroy said that this project of making the Barn Owl happen allows him to focus on what it is he really wants to do and that he will keep going regardless of whether the license is granted. He noted that his family is really strong and provides great support for him. He did say that he has been sober for 15 months save for one slip on January 31st of this year. Erviti inquired if beer and wine would be a temptation for him; Kilroy replied "no" as alcohol is everywhere and every day he drives by stores that sell beer and wine. He stated that the choice to serve wine and beer is strictly a business decision to boost revenue. Kilroy said that if the license is granted he wants to connect with local brewers and serve mostly locally sourced beer. Young disclosed that he is in the Barn Owl most every morning and senses the desire of the community is to see the Barn Owl work and succeed. Wyatt said that while he would also like to see the business succeed, he had some public information on Kilroy's background that he felt was relevant to the Selectboard as the deciding body. He said that there were 15 pages of court records from the Northampton District Court and a press release from the Vermont State Police, and that he had written a one page summary of these documents that he asked the Board to allow him to read aloud. Wyatt handed out the packets to each Board member and read his summary aloud after Erviti said it should be heard in an open meeting. Wyatt said that he had no desire to jam up the application but felt the Board should be provided with information before making their decision. Kilroy acknowledged that the things mentioned were true, is a part of who he is and would follow him forever. He said he has learned from his mistakes and has actively sought out rehabilitation and help. Erviti pointed out that as the issuing authority the Selectboard has the right to suspend or revoke any part or all of the license if problems occur. Pruyne said that three years sober with no slips of alcohol consumption would be a better indicator that Kilroy could deal with alcohol on the premises every day. He said that he has legitimate concerns about the license. Kilroy said that most of the problems came from a toxic relationship that fueled his addiction, and that the relationship was over. He said that he feels fulfilled and able to take care of himself while keeping track of his goals and going in the right direction. Young cautioned the Board that each member must be neutral and have not formed an opinion prior to the hearing. ZBA member Miryam Williamson said that discussions with anyone before a hearing is not appropriate. She said that the ZBA takes testimony in a sealed envelope that is opened and read only at the hearing. Erviti MOVED to close the hearing at 7:46 p.m. Pruyne SECONDED. Motion CARRIED 3-0-0. 10. Deliberation--Erviti said that Jim Kilroy's application is an application for trust about what has been happening now and what he proposes will happen in the future for the benefit of both himself and the Town. Pruyne asked Erviti on what he is basing his trust. Erviti replied that the basis of his trust is what Kilroy said at the hearing. Pruyne said that many people in the community have serious concerns, and when pressed disclosed the number of people was four. Magi said that she tended to agree more with Erviti and that by looking at what Kilroy has done with the place so far she saw no problem with issuing the license. She pointed out that a bartender will serve the alcohol and Kilroy will bake and cook. Magi said that Kilroy had already demonstrated that he deserves a chance. Pruyne said that tonight's decision was not irrevocable and that Kilroy can apply again in the future. He said that someone who has difficulties like Kilroy has had needs to be provided the opportunity to prove over time that this will work and not be immediately put in temptation's way. Magi pointed out that the State takes many months to investigate. She said that Jim Kilroy's actions have shown his intent and that his hard work deserves consideration. Williamson noted that Kilroy has the opportunity to earn Pruyne's trust in the time it will take the State to go through its process. Erviti MOVED to approve James Kilroy's application. Magi SECONDED. Motion CARRIED 2-1-0: Magi and Erviti: AYE; Pruyne: NAY. IV.Adjournment At 7:54 p.m., Erviti MOVED to adjourn. Magi SECONDED. Motion CARRIED 3-0-0. Documents consulted at this meeting: *Draft Minutes of Selectboard meeting of September 12, 2016 *Coordinator Report *Letter to the Selectboard from DOR District Highway Director Patrick J. Paul dated September 16, 2016 re: Municipal Small Bridge Program *Town of Warwick, Massachusetts management Letter for the Year Ended June 30, 2015 *Town of Warwick, Massachusetts Report on the Examination of Basic Financial Statements for the Year Ended June 30, 2015 *Email to David Young from Town Counsel Jeremiah Pollard dated September 26, 2016 re: Anonymity *A summary of public record information regarding James Kilroy submitted by Tom Wyatt, dated September 26, 2016