Coordinator Report Nov 5, 2015

I learned that two members of the Conservation Commission met with a
Selectboard member on Tuesday morning at town hall, ostensibly about the
Northfield Rd tree cutting plans. But who can say? The meeting wasn't
posted.  I told the Selectboard chair when we met this week that this
was not a violation. Town Counsel says I am wrong and this sort of
meeting requires 48 hour posting / notice as it can become "serially
polling committee members" and thus an Open Meeting Law violation. I'll
get the word out that joint meeting of board chairs or their
representatives requires the same published notice as other meetings of
boards, commissions and committees. 

On the tree cutting our legal counsel recommends that the board take up
deliberation and vote their decision on the cutting at a posted meeting.
I argued and he agrees that the hearing didn't require a quorum, but
that the decision does, so, the board can act at this noticed meeting.
Counsel says since we took comment on the email list as hearing comment,
he doesn't recommend saying no to Nick's objection coming that route
(listserv) saying, What harm is there to sending it to the Selectboard?

I think that lacking a quorum at the hearing continuation and acting
without Selectboard input resulted in fewer trees being designated for
cutting than had a quorum of Selectboard been present.
	
The Conservation Commission had previously determined that no Notice of
Intent filing is necessary and has now changed its view and requires the
Highway Department file a Notice of Intent for our Northfield Road
project because it has "morphed and lengthened". The thing to keep in
mind is that the performance standards under the law only require the
Town take precautions to keep the work from causing harm to the
resource.

I think we ought to hire a consultant to work for the Selectboard and
Highway Department because in my view the Warwick Conservation
Commission sometimes requires more of projects than the law prescribes.
I have advised residents in the past to hire a consultant to represent
them before the Warwick Conservation Commission so they don't get more
than a full dose of what they rightly have coming.
	
Was this change by Conservation Commission the result of an OML
violation? I think not as the ConsCom met Monday night and Nick, Mary W,
and Greg B met at Town Hall on Tuesday am. This meeting was not posted.
Selectboard got a letter dated Monday Nov 2 saying highway now has to
file a Notice of Intent.  ConsCom cite in the letter an impacted
"perennial stream east of Leland Hill Road".  There is no such stream. 
It's not on the topographical map and not in MASSGIS data layers so it
doesn't exist as a protected resource. That leaves the wetlands
protection issue standing.

ConsCom in their letter questions cutting "mature" trees, excavation of
sandy slope and trenching for ditches. They can't stop cutting of trees,
digging of ditches and excavation. They note that they want the work
done properly. The ConsCom has no jurisdiction except to require that
when you do cut or dig, you must protect resources by undertaking
prescribed mitigation measures - conditions.

For filing notice of intent we are talking several thousand dollars for
a civil engineer. And more thousands for refiling if that becomes
necessary. I recommend we hire a consultant. I have J. Toth in mind.
Additionally, I have a biologist / ecologist who will, at no charge,
informally review the science (delineation of wetland boundaries /
existence of perennial streams).

KM / TGP Pipeline project has engendered a coalition of municipalities
opposed. Do we want to join? I'll put it on the next agenda.

The matter of updating the Public Records law continues I believe with
two recent requests. One was a rehash of WGBH's questions a year ago. We
answered the same as before and provided redacted tax filings which are
the only existing documents that meet the request. Public records law
does not currently compel public officials to create documents to answer
questions posed. It only says existing documents are public unless they
fall into narrowly defined exemptions. WPD also got a request. We may
have weakened our argument about cost recovery as we didn't charge. The
reason was that the amounts in these cases were De Minimis and would
have cost more money to collect.

Green Communities funded energy conservation work on town buildings has
commenced. The FCTS (Tech School) HVAC and Electrical programs are
installing a Fuji air source heat pump at the Police Station. Guardian
Energy is general contracting air sealing and insulation work at Town
Hall, Library, Police, and Highway buildings.

I asked counsel about text messages and the law.  He advised that town
officials not use texts for any official business except for scheduling
or be subject to public records requests. That is my practice because I
have no desire and know of no way to archive text messages.

Warwick and the other Pioneer District towns will be out from under
principle and interest payments for PVRSD debt after this fiscal year.
In our case this is a bit more than $50k per year.  There is a
sentiment, being supported by Bernardston FinCom and Selectboard to
incur $1M in debt for a new building for the school administration. I
don't want us to trade the old payment for a new one, even if lower and
I have volunteered to get Guardian Energy to give the District a quote
to air seal and insulate the old modular in use for the past 20 years
and secondly to look for existing building in Northfield or Bernardston.
I prefer a lease. Who know what our District size will be in twenty
years?

We are getting our final "big" check for recycling proceeds and future
revenue will be minimal.  Good news is that we are not getting stuck
with a $35-$65 per ton processing fee which the single stream recycling
communities have to meet.