TOWN OF WARWICK Selectboard January 28, 2008, 6:00 P.M. Town Hall Agenda I. 6:00 CALL TO ORDER II 6:00 READING of the MINUTES of the Previous Meeting III 6:05 PRESENTATIONS / DISCUSSIONS 6:05 1. Selectboard Budget Proposal for FY '09 6:25 2. Presentation of proposed Zoning By-Laws on ATM warrant 6:30 3. National Grid audit results 6:40 4. Policy on Town Web Site Postings 7:00 5. Selectmen's reports 7:10 6. Town Coordinator's report IV 7:25 PUBLIC COMMENT V 7:35 ADJOURNMENT III.2 Presentation of proposed Zoning By-Laws on ATM warrant From: ted.cady@peoplepc.com Subject: Town Meeting /Zoning Date: January 23, 2008 1:31:54 PM EST At some convenient time we should go over the proposed Zoning Amendments to make sure the format and wording is what you want. The changes run to many pages and are more extensive than anything submitted in many years. There are some things to consider: 1. In some cases we left in sections that would not be changed, but were referenced in some section that was being changed. Do we want to keep those sections? 2. In some cases we changed a paragraph within a section and kept the other paragraphs within that section, even though they did not relate exactly to the changed paragraph. Do you want to omit those paragraphs? 3. We listed Sections and paragraphs that would remain the same. Maybe these should be omitted? From: ted.cady@peoplepc.com Subject: Town Meeting /Zoning Date: January 25, 2008 12:22:32 PM EST State Law requires us to integrate any changes made at Town Meeting into the Zoning Bylaws so the Zoning Bylaws are a single smooth flowing document that incorporates all the changes. That part is not a problem; the Planning Board is requesting money in its budget to publish them. My Email was concerned with the presentation of the information to be voted on to the Town Meeting. Should it be limited to only the changes, or should the presentation to the voters at Town Meeting include related sections of the Bylaws that will not be changed included to paint the broader picture. There were about 25 pages that were submitted to the Selectboard as article for the Annual Town Meeting. It probably is desirable to cut it down a bit. State Law requires us to integrate any changes made at Town Meeting into the Zoning Bylaws so the Zoning Bylaws are a single smooth flowing document that incorporates all the changes. That part is not a problem, the Planning Board is requesting money in its budget to publish them. My Email was concerned with the presentation of the information to be voted on to the Town Meeting. Should it be limited to only the changes, or should the presentation to the voters at Town Meeting include related sections of the Bylaws that will not be changed included to paint the broader picture. There were about 25 pages that were submitted to the Selectboard as article for the Annual Town Meeting. It probably is desirable to cut it down a bit. III.3 National Grid Audit Results From: jdauphin3@hotmail.com Subject: Nat Grid audit results - item for select-board meeting Jan 28th Date: January 27, 2008 7:43:33 AM EST In mid November National Grid performed a free electrical energy audit at both the Highway Dept and the Community School. The results are in. Warwick’s 20% share of the lighting upgrades for both Highway Dept. buildings will cost $634 if paid in one lump sum, or $746 if paid over 12 or 24 months. The estimated payback period is 7 months, and the estimated annual savings in dollars is $1, 333.00 (CO2 offset is 12,000 lbs!). National Grid will pay $2,982 or 80% of the total cost ($3,728). The money set aside by National Grid for this program is much sought after by other communities, so we need to have a decision before mid February. However, before signing, we (Bldg & Energy Committee) need to look into how this might impact the upcoming DOER Energy audit. The audit results for the Warwick Community School have been forwarded to Steve Field, the facilities manager at PVRSD. The upgrades focus only on the gym lights. The school share of the cost would be $700 ($595 if paid all at once) with a 10-month payback and an annual savings of $821. The National Grid share is $2,800, and the total job cost is $3,500. III.4 Policy on Town Web Site Postings On Jan 23, 2008, at 12:45 PM, Beth Gilgun wrote: I was a little concerned that you had posted the property values on the website. I thought you wanted them for the town report. The Board of Assessors has not voted to have our database on the Internet. From: Patricia Lemon [mailto:plemon@fugue.com] Sent: Thursday, January 24, 2008 4:34 PM To: Beth Gilgun; Christopher Ryan; Keith Ross I thought that was what I was asking you about, but I guess I didn't make myself clear enough. Many Massachusetts Towns post them routinely--although I am told Amherst decided not to post photographs or floor plans for the sake of security (makes sense!), and that individuals may ask to have their names deleted (although anyone can get them by going to the Town Hall!). The Town report may be on the website as well as in print, this year. If it's published, it's published. However, if you'd prefer to have it removed until you've met and discussed it, let me know. From: putneyvt@putneyvt.org Subject: RE: Values on Website Date: January 25, 2008 10:13:26 AM EST Just to be accurate, the Amherst Asessors' database, which you're referring to when you refer to photos, etc., is not on the municipal website. All towns have the option to open their databases via the Internet, and many have not (including Warwick), for some of the reasons you mentioned. Publishing a list of the current values is a different matter, and I myself have no problem with making that available, although I do have some concerns about the "official " website - was this website discussed and voted on by the Board? I’ve set up several of these sites, but only after input from all departments and officials about content, access for administration, etc. This seems like an enthusiastic effort on some one's part, but I can tell you that there's the potential for trouble if there is no "official" oversight as to what goes up on the site, and posting materials from other departments without discussion is not likely to further your goals of open communication. From: plemon@fugue.com Subject: Re: Values on Website Date: January 25, 2008 10:54:43 AM EST Yes, it was, and the Town paid for the domain ($138.36). On Jan 25, 2008, at 10:13 AM, Chris Ryan wrote: Was this website discussed and voted on by the Board? From: plemon@fugue.com Subject: The Selectboard needs your advice. Date: January 25, 2008 3:34:31 PM EST • Ever since last March, I have been receiving complaints that assessed property values have not been included in recent Town Reports. Beth Gilgun told me this week that in the past they have been included only in the years reassessments were made (every three years, I believe she said); now that annual reassessments are mandated by the Commonwealth, that may cease to be an issue. Our conversation was in the context of her sending me the latest assessments for inclusion in the 2007 Town Report. • Since July, people have been asking (and the DOR has been advising) that we post more and more documents on www.warwickma.org—and Eddie has been patiently putting up whatever I send him for posting. David and I have even discussed offering people the option of receiving their Town reports electronically as well as on paper. • •Adding two and two and getting five, I called Beth to ask her if it was all right to publish them. (Of course, I was thinking www.warwickma.org, and she was thinking printed Town Report.) She reassured me, so I sent the spreadsheet down to Eddie for posting. The next thing I knew, I was reading an indignant message from Beth protesting the posting. I doubt that anyone else even saw it, because it was not announced, and I have asked Eddie to take it down until the Selectboard and other interested parties can discuss it. Assessment spreadsheets are public documents that other Towns throughout Massachusetts do post, although some have their Web sites set up to allow for accessing records only one at a time and one (Amherst) does not attach names to properties on their Web site; if you can't add the street list to what's posted and get the right answer, you have to go to Town Hall to get it. • I think we need to start discussing this as a community. If you don't feel able to come to a Selectboard meeting and give your opinion, I hope you will post it here on the L for our guidance: Do you want assessments posted or not? Under what circumstances? And why or why not? From: reva@revareck.com Subject: Re: [The-L]: The Selectboard needs your advice. Date: January 25, 2008 9:18:07 PM EST The only logical reason I can think of not to post the assessments on the website is that it [posting them] would make it easier for con artists, spammers, etc. to target people with valuable properties. At least if they have to go to town hall to get the info, they have to deal with a person who may be able to ID them later. On a purely gut level, I prefer to have the details of my assets as private as possible. I know it's a matter of public record, but that doesn't mean it should be on a billboard. That said, I appreciate your intentions & Ed's work in posting it. Reva Reck 978.544.3911 reva@revareck.com From: Jim Deming To: the-l@warwickma.us " Sent: Friday, January 25, 2008 7:50 PM These figures are a matter of public record and thus, are available to anyone who requests them. However, there is no requirement under the law to "publish them" in any document. Only to make them available to anyone who asks, and if you choose, to charge them for that service. Given the Town’s limited resources, I don't see any need to include all assessed property values in a single report. However, I would also suggest that the Town be willing to share that information, at no cost, with anyone who requests it. [This is, in fact, true by State Law, but Town Meeting said otherwise in 1997 (see Janet Alden’s posting, below).] Jim From: charlemagnesmother@msn.com Subject: Re: [The-L]: The Selectboard needs your advice. Date: January 26, 2008 9:26:32 AM EST Jim Deming's post below is both sensible and concise. The current Warwick website is managed by a generous citizen who offers the site to those who live here as well as those who have an interest in our Town. The site may be seen as representing the Town of Warwick, but it is not an official site run by Town officials. The proposed agenda for Monday's Selectboard meeting includes the item "Policy on Town Website Postings". Ed Lemon is willing to give his time, and goes to considerable effort to provide a website for the Town at no [additional] cost to the Town. Why would the Selectboard wish to step in and try to manage this? Is there really a need to make a Town policy which governs the selfless acts of a private citizen? ** Rosa ** From: janetconover@msn.com Subject: Re: [The-L]: The Selectboard needs your advice. Date: January 26, 2008 9:35:33 AM EST Dear Selectboard, Although I could fritter away many an evening pouring through everyone's assessments that the town paid to deliver to my door, it is really information that in polite society I really don't need to know. People do need ready access to the data for preparing abatements. The assessor office has too limited hours and physically too small for ready access, but the library is open two evenings each week and Saturday, and has tables to spread out on. If people need the whole thing, in paper or electronic, just ask. I have a belly button, you have a belly button. If you really need to see mine I'll show it to you, but I really would prefer that pictures of my belly button were not posted on the NET. Jan Conover P.S., for those preparing abatements, I have Excel spread sheets of all land and house sales in the past two years. Respond off line if you need them [to] janetconover@msn.com. From: ted.cady@peoplepc.com Subject: Assessments Date: January 26, 2008 3:19:39 PM EST Responding to your request for comments. We used to publish the assessments (along with acreage) every three years. I often looked through them, and would like this to continue. The assessments take up quite a bit of space in the Town Report and therefore are a significant additional expense. Publishing every these results every 3 years seems reasonable to me. It could be online, or in the Town Report. I imagine it is quite a bit of work to prepare, so every few years seems reasonable to me, assuming that home and land prices have stabilized. From: terry_lee1@juno.com Subject: Re: The Selectboard needs your advice. Date: January 26, 2008 3:06:37 PM EST I emphatically do not want assessments, assessors’ maps, or street lists posted on the Web or made available by the town in any electronic form under any circumstances. This data would be a gold mine for perverts, stalkers, robbers, con artists, marketing, etc. A year ago I watched a news report about another Mass. Town that had on-line bill pay on the town’s web site. The reporter was in front of a town hall using the town’s wireless connection. The reporter would type in the plate # of anyone who came to the town hall on business and then show them their name, address, and social security # on his laptop. This was setup by the town and a major bank. This created a big problem and liability for the town. Warwick is a small town and doesn't have computer experts. I know what data the Accountant, Assessors, Tax Collector, Town Clerk, and Treasurer have. The personnel we have in Warwick at this time are very competent in their jobs, but turnover happens. I am not comfortable with any Town department releasing data electronically. The data is public record but we are not under any law to publish it. Each department has hard copies of their data available to the public which have been verified. It may be convenient for a few people but it is a big responsibility for the Town and its employees. Mistakes happen, one slip of the finger and names, addresses, SS #, etc. end up around the world instantly. I realize not making data available electronically is not very “Green” and a few trees might have to die for paper. Warwick has lots of trees and the state owns more than half of them. If the DOR/state wants the Town to do something maybe they should pay full value taxes or for the trees they cut down. As far as what Amherst and other towns do, I live in Warwick for a reason; maybe the people in Warwick are smarter. In the past the Town has published values in the Town Report. This is a waste of money and resources because the data is outdated by almost two years by the time it is published. Besides being old, it is only an excerpt of some of the data and easily misinterpreted by someone trying to do comparisons. The protection of the publics’ privacy, safety, property, etc. far outweighs any benefits that a few would gain if this data is published. Most requests for this data are from people who intend to profit from it. Most of the time, costs and liability incurred by the Assessors and Collectors office are spent keeping this data accurate and up to date. This data is public record and there are two official copies of the commitment book, one in the Assessors office another in the Tax Collectors office. Anyone is welcome to view the commitment books during office hours or by appointment. I can also make limited copies of individual pages at 25 cents a page if time is available. As Collector I publish the commitment book and can provide a complete copy. The estimated cost is $60, it is 88 pages plus labor. I will need a written signed request and a check made out to the Town of Warwick. The freedom of information act is the reason I have to do this. Also the written request will then be public record and I will publish it so the public is aware of who is looking at their information. As Tax Collector I get a lot phone requests for information from banks, lawyers, loan company’s, etc. the answer is always the same, NO. Can you fax the information? My answer, NO. Can I get the information on the Towns web site? My answer, NO. It is public information and you have to give it to me? My answer is yes and it’s available in the office. But I'm in an office in Texas. Great I bet it is warm there and do you know George Bush, send a written request to the Town Hall. There is one exception to my NO rule. If you are a taxpayer and you want your own information. I will be happy to provide it over the phone at the office. Almost everything in my office is public record and I have to make it available but I don't have to make it easy. I have no data that is easily available in an electronic form in my office. I could possibly make some data available. It would involve a consultant and I estimate that could run into several thousand dollars to be paid by the person making the request in writing. In the matter of full disclosure, I am the tax collector but this reply on a public forum should not be considered a public record or having anything officially to do with the Collectors office. This is my own personal response to Pats posting. My Thoughts, Terry L. Kemerer Resident/taxpayer From: plemon@fugue.com Subject: Re: [The-L]: The Selectboard needs your advice. Date: January 26, 2008 9:15:12 PM EST Terry, Please don't alarm people unnecessarily. I don't know whether or not your records include social security numbers or not. The ones Beth gave me most certainly do NOT. On Jan 26, 2008, at 3:06 PM, Terry L Kemerer wrote: The reporter would type in the plate # of anyone who came to the town hall on business and then show them their name, address, and social security # on his laptop. From: miryam@mwilliamson.com Subject: Re: The Selectboard needs your advice. Date: January 26, 2008 11:04:18 AM EST People should not have to find out when assessors' office is open and go to the town hall to look at the list of assessments. It is not in the town's best interests to have people claim, as has been done on this list and in personal communication, that some parcels are assessed out of all proportion to comparable properties. However, putting them on a web site, I think, is not in taxpayers' best interests. They'd be too readily available to outsiders who have no legitimate reason to get at them that easily. Assessments for a time were published every three years. The last list of assessed values was published in the FY 2004 town report. It took up 12 8.5" x 11" pages. Each parcel was listed twice. If it's presented properly, we're talking about six pieces of paper in the town report. If five hundred copies of the town report are printed, that's six reams of paper, at about $4.00 per ream = $24.00. I think this town can afford $24.00 to set a standard of openness and the assurance of fairness. I also think parcels should be listed by street address, and do owners’ names do not necessarily need to be included, if that's a sticking point. People in town who are checking for fairness know where properties comparable to theirs are located, and don't need to find them by the owners' names. I don't know if I'll be able to get to the Selectboard meeting to say this in person and hope it will be relayed as part of the conversation. Miryam From: lpd@hughes.net Subject: Re: [The-L]: The Selectboard needs your advice. Date: January 26, 2008 8:51:51 PM EST Isn't this something for the assessors, all of them, to be consulted on? Louise Doud From: jmae35@juno.com Subject: Re: Publishing Valuation Lists Date: January 27, 2008 8:43:54 PM EST The town has published the valuation lists for many, many years at least as far back as 1955 our first saved annual report. At the 1979 Annual Meeting, it was voted on Article 7 that the town publish the town valuations lists every five years with the annual report. So, unless that vote has been rescinded I believe it would be the duty of whoever is publishing the report to include the lists at least every five years. You may be able to find this in the Legal Base Study put together by Claudia Girard (sp?) that you should have in your BOS office with other reference materials. From: davidyoung@starband.net Subject: [The-L]: The Selectboard needs your advice. Date: January 27, 2008 3:39:57 PM EST This is a question of policy - of how easy or difficult the town wants to make it for people to get, or have a look at public records. At the far and extreme end, the town could require that one file a freedom of information act (FOI) request for a specific document, then we could take the maximum time allowed under law to respond to the request, and charge as much as the law allows which is the hourly rate of the lowest clerk available to do the job plus the cost of reproducing the document. Or we could act like we are cutting edge modern and publish public information electronically, which is the way we work these days and the way we store this information. Since the Town is very much a part time affair it makes sense to me to use modern virtual solutions to keep the doors open 24 x 7. We are starting to publish forms and instructions on line. A middle ground is to print paper as has been the practice. This stopped some time ago. I think the reason it stopped was to lower the cost of Town Report publication. In the past the printing of valuations was done every three years as that was the frequency of revaluations. Even in this scenario one would but need to scan, OCR the document and fiddle with format and then could publish it on the web as searchable data anyway. In matters of public records we can't bar the door. We can set up hurdles. It becomes a question of whether we want to keep the door closed but not locked, or leave the door open, and if so, how wide. The town owns the domain name for the Town's web site. This protects the name for the use and control by the town. Ed Lemon designs and maintains the site as a volunteer. I am among many who are very grateful for the town web site which is Ed Lemon's contribution; for Ed Hawes' list-serve, an unofficial private volunteer service to the town; and for the newsletter. III.6 Town Coordinator's report * Contracts that were signed at the last meeting were mailed. The engineering one has been signed and returned, while Heritage Landscape MOA is not yet back * Selectmen’s Town Report draft was completed. * Alternate Town Hall use policy first draft completed. It is based on Town of Wendell's version. For a future meeting I will provide three options; the current, Jim Toth’s draft that is designed to recover truer marginal cost of use and this simple alternate. There is a vote of 1980 that says town non-profits don’t get charged and I find nothing revoking this though found some practices that did and then reverted to the voted policy. * Wrote and distributed a memo regarding Town Reports * Met with the Broadband committee * Worked on the selectmen's office filing system, labeled drawers on the cabinets * Received the Police and Board of Health Budgets that represent the last major ones aside from the school's that are needed. * Worked on the wireless LAN providing Internet. * Started a file on Town's rolling stock. Did some research on Highway truck maintenance costs from FY02 forward. * Replied to FRCOG regarding trenching regulations. * Coordinated Town Hall use rentals to Recreation Com, piano recitals and private party. Double-booked facility, thanks to the elementary school for bailing me out. * Received GIS report and map from FRCOG to meet data request of potential commercial broadband provider, Steeplechase. * Prepared warrants for payment. * Received 15 flags from Erving for Celebrations Committees. * Got Election Warrants posted by Constable Jon Cooke. * Worked on the FY09 Budget spreadsheet data entry and collated a hard copy of the budget in a three ring binder. * Contacted Verizon's business sales department to inquire about a flexible data / voice service and its cost. * Contacted iDirect regarding robust satellite Internet system * Experienced one phone line problem call from Alarm Central. Contacted vender to get them to weigh in on whether it would be ok to have this type of trouble, low line voltage, ignored. If they don't get me or someone else they call police or fire department. * Updated Town Hall Telephone File adding the map of the system drawn by Jim Toth * Cleaned the office supply closet / reordered some supplies * Provided some needed documents with the accountant and treasurer *Got a neighbor to sell us an unused Hughes commercial dish and got Hughes satellite service to agree to provision us with used equipment without a service contract. * Worked on the BOS' budgets. I am recommending the following accounts be cut based on actual costs from the prior year: street lighting from $450; BOS expense down $200; Interoffice down $400; * Level funded are; copier (but you will see an accurate break out of cost including outsourced copying; Town Reports; Town Counsel, Legal Reserve; Custodian; Fountains; * And these are increased: computers to $3500 from $2500; secretary an additional 2 hours a week to assist the coordinator and departments from $2300 to $3500; * I am still working on the Town Hall account and will have a proposal for consideration by meeting time. And the board needs to provide advice on the Coordinator budget. Ongoing matters: * Development of employee evaluation tool * IT backup and documentation * Capital Planning * Capital Inventory Questions: * Town Hall snow removal, would the board care to vote to make this billable to fountain grounds budget as Town Hall is overspent due to alarm system replacement * A printer cartridge is this computer or interoffice expense? * Would the board care to update to IRS current rate the Town’s mileage reimbursement policy? It is currently at 30 cents * Does the original copy of a contract get filed with Treasurer or clerk?