Town of Warwick Selectboard October 15, 2013 Minutes Members present: Dawn Magi, Nick Arguimbau, Patricia Lemon Others present: Town Coordinator David Young, Town Secretary Rosa Fratangelo Calcari, Fire Chief Ron Gates, Deputy Fire Chief Roland Weld, Firefighters Bill Lyman, Mike Mankowsky, Brad Matthews and Adam Holloway, Police Chief David Shoemaker, Michael Gelinas, Mario Tringali, Jon Calcari, Paula Lundgren Robinson (Athol Daily News) I. Call to Order Chair Magi called the meeting to order at 6:00 pm in Town Hall. Public Comment Mario Tringali and his wife had previously come to Coordinator Young with some concerns and to inquire if the Town has a Fence Viewer. Young explained that he discovered that by statute the Town is supposed to appoint at least two fence viewers. Tringali said that he will ask some people in town, preferably those with a background in surveying. He said that once his concerns are handled he would consider serving as a fence viewer. Minutes Rosa Fratangelo Calcari said that Highway Superintendent Tim Kilhart had pointed out that in the motion made during the Scenic Roads Tree Cutting Hearing of October 2, 2013 she had failed to specifically identify Gale Road, and explained that the words "Gale Road" needed to be included in the second part of that motion between the words "and" and "to cut". Kilhart needed a copy of the approved minutes before any tree cutting work could commence. Magi pointed out that in the first sentence of the third paragraph on page 2 of the October 1, 2013 minutes, after "spend money" the correct word was "without", not "with" as printed. Arguimbau MOVED to approve the minutes of September 30, 2013 as printed, and the minutes of October 1, 2013 and October 2, 2013 with the specified corrections. Lemon SECONDED. Motion CARRIED 3-0-0. IV. Presentations and Discussions 1. Update on "Dead Man's Curve" Old Athol Road Status--Young said that he had not yet heard from Town Counsel about the abandoned section of Athol Road, but Planning Board Chair Ted Cady had given him the citation that showed this had been a county road discontinued by an action of the County Commissioners. Young said that this road does not belong to the Town, so permission for its use reverts to the abutters. He said that either he or the Hurlberts could contact the abutters, but that it is not within the Town's power to grant permission for the Hurlberts to use the road to exercise their horses. Lemon MOVED that David Young be directed to write a letter outlining what he has just told us and ask the Hurlberts to follow up. Arguimbau SECONDED. Arguimbau said he remembered that during a Planning Board meeting it was said that the Hurlberts had left three tires and a block of concrete behind. He said that the one huge tire filled with rocks and a concrete block were left in the roadway on Gale Road, and that two smaller tires were left on the side of the road but within the Town's right of way. The Planning Board had received a complaint about the conditions on Gale Road because the horses' hooves had softened the road surface to the point where gravel could wash into the wetlands. Arguimbau stated that the Hurlberts need to pay to have the road surface fixed, that Highway Superintendent Tim Kilhart would do the work and bill the Hurlberts for that work. Young pointed out that the Hurlberts had been granted permission to use the road to exercise their horses by a vote of a prior Selectboard, and that as of Thursday, October 17, 2013 they would cease this practice for the year. Young explained that the Highway Department grades all the dirt roads in Town at least twice a year and that Gale Road would be graded after the 17th. He said that the road would be restored as a matter of course without any additional work or time required. Former Selectman Jon Calcari said that when the Board voted to allow the Hurlberts to exercise their horses on Gale Road, Brad Hurlbert agreed to purchase and use equipment to maintain satisfactory road conditions. Lemon AMENDED her motion to add that Young will include in his letter that the Hurlberts are not to use Gale Road to exercise their horses in the future. Arguimbau further AMENDED that the letter include a statement that the road was not repaired in a manner that the original approval required and damage was done including the potential washing of gravel into wetlands, and that the Board will ask Tim Kilhart to assess the damage. Young suggested that we let this ride, as the Hurlberts had agreed that their horses would not be exercised after this Thursday. He also recommended that they be invited back to another meeting to further discuss the matter. Arguimbau said that while the tires and concrete block are now out of the road, the road surface has not been repaired. Magi suggested sending the Hurlberts a letter before doing anything else. Arguimbau SECONDED the motion as amended by Lemon. Magi asked if Lemon was willing to withdraw her amendment and allow a letter to go out first, and remind them in the letter not to use Gale Road after October 17, 2013. Young said that he would write the Hurlberts a letter that would include this reminder, along with information on who the abutters are for them to contact. Lemon WITHDREW her motion. There was the consensus of the Board that Tim Kilhart was to report to the Board after fixing the road to let them know if additional work beyond the routine road grading was needed, and that a bill could be sent to the Hurlberts only if there were additional costs associated with the work necessary to restore the road conditions on Gale Road. Arguimbau MOVED in light of the heavy tire and block of concrete being found in the roadway on Gale Road, and the road surface sufficiently softened by the horses' hooves so that people have been using the other side of the roadway and the complaint that the roadway has been softened to the point that gravel is likely to wash down into wetlands, we ask that Tim Kilhart undertake repairs and inform the Selectboard of the costs. Lemon SECONDED. Motion CARRIED 2-1-0. Arguimbau and Lemon: AYE; Magi: NAY 2. Field Driver Vacancy and Loose Livestock Fee Proposal --Young explained that the pick up and transport of livestock would be considered a last resort to be avoided if at all possible. The first step would be to contact the owner, then to try and drive the animal(s) back onto the owner's property He said that the ACO, Police, and others should first attempt to contact the owner or keeper of loose livestock before involving the Field Driver. Magi pointed out that while the pick-up fee would be based on an incident, the boarding fee should be per animal when more than one animal is involved. Young said that boarding would be necessary if the owner/keeper is unknown or the fences are in such bad repair as to not be sufficiently secure to prevent another escape. Magi suggested a bit more thought and review of the draft proposal before holding a hearing. Fratangelo Calcari said that the meeting held regarding the proposed fee schedule and the need for a Field Driver was productive and improved upon the initial draft. She said that Kim Smith of Wagon Wheel Campground had said she would consider being the Field Driver once a fee schedule is in place, that Ms. Smith offered the use of her truck and stock trailer, and had said that she could safely board unclaimed livestock on her property. 3. Warwick Police Department Report--Chief Shoemaker said that hay has recently been stolen from a resident's barn. He said that there had been some illegal dumping which was not initially reported to the Police Department. He also noted that the Police had recovered a stolen 4-wheeler. The Chief said that patrols have been increased to control speeding, and that there were several investigations being conducted. Magi suggested that the Chief put in his report for the newsletter that the Police should be contacted in cases of illegal dumping. Chief Shoemaker said that any illegal activity should be reported to the Police by calling 978-544-2244. He said that individual officers should not be contacted at home, as they are prohibited from self dispatching. He explained that officers may only be dispatched by Shelburne Control, and that calling the Police Department number also builds a data base and an informational resource for future calls regarding crimes and illegal activities. Bill Lyman said that it is always a good idea to call the Police directly to get a quicker response. 4. Appointment of Michael Gelinas as Police Sergeant --Chief Shoemaker had written a letter to the Selectboard respectfully requesting the one year appointment of Michael Gelinas to the position of police sergeant for a one year term effective today. The Chief introduced Gelinas to the Board as having served for eight years with the Shutesbury Police Department and being current on all required qualifications and certifications. He explained that Gelinas would be second in command administratively and patrol wise as well. The Chief said that he has complete confidence in Michael Gelinas's ability to serve this Town and to fit in very well here. He said that Gelinas would be subject to the Town's personnel policy of a 6-month probationary period. Lemon MOVED to appoint Michael Gelinas to the position of Police Sergeant effective October 15, 2013 for a term of one year. Arguimbau SECONDED. Motion CARRIED 3-0-0. 5. Selectboard Reports --There were no reports. 6. Coordinator Report--Young said that a Transfer Station Attendant was needed for Saturday, October 19th. Young said that if he cannot find someone willing to cover, he will work the shift, cut back on the same amount of hours in the Coordinator office this week and not bill the Town for his time at the Transfer Station. Lemon inquired as to the costs associated with the Transfer Station being open on Wednesdays during the summer months. Young said that it cost about $100.00 per week. Lyman said that is was very convenient to have the Wednesday hours, and that more people would likely make use of the alternated day and time if it were available on a more consistent basis. Tringali said that it would be advantageous for those who work Saturdays to have the Transfer Station open on an alternative day and time. Young said that he would bring this discussion to the attention of the Transfer Station Commissioners. 7. WFD Assessment Follow-Up with Ernest Horn--Mr. Horn had been invited to this meeting but did not attend. Magi asked that he be invited to a future meeting. Lyman said that wanted to discuss some items with Mr. Horn, and that he was now speaking as a citizen. Lyman had questions about the Open Meeting law and how the Selectboard handled the employee evaluation of Coordinator Young. He also wanted to know if the directive for Young not to speak with the Fire Department had been done in an open meeting. Fratangelo Calcari confirmed that it had, as did Young; neither could remember specifically if the directive had been in the form of a vote or a consensus of the Board, but they both confirmed that the directive took place in an open meeting and was reflected in the minutes of that meeting. Lyman said that he wanted to see that things were done in the appropriate way so as not to cause any problems in the future. Magi stated that this was the Board's intent as well. 8. Highway Equipment Garage Insulation Project--Young said that the cost of the project would be about $20,000.00, and that $25,000.00 had been appropriated. He said that the deadline for the labor bids was October 16th, and that he estimated the work would take no more than three weeks to complete. Magi extended thanks to Buildings and Energy Committee members Janice Kurkoski and Jack Cadwell along with Andrea Woods from FRCOG for their work moving this project forward. 9. Veterans Service Officer--Veterans Service Officer Jim Erviti had tendered his written resignation effective no later than the end of November. Young said that both he and Erviti recommended a return to the Veterans District. Young said that Mark Fitzpatrick of the local district had told him that Warwick was voted back in, but Young noted that the approximately $1,700.00 annual cost was not budgeted for FY 14. He said that a Special Town Meeting vote or a Reserve Fund Transfer could be sources for the necessary funds. 10. New and Other Items Not Reasonably Anticipated Prior to Posting Date--Fire Chief Ron Gates presented the Board with a written estimate in the amount of $1,800.00 for hose testing. The Chief noted that he did not have this expense figured into his FY 14 budget. He said that the cost could be lower if the testing can be scheduled to coincide with New Salem's. Magi inquired why this had not been figured into the current budget, and the Chief replied that the testing had not been done before. The Chief was seeking permission or approval from the Board for the additional funding. Because it is not within the power of the Selectboard to act upon such a request at a meeting, it was explained that the Chief pay for the testing now out of the equipment repair line item, and request a reserve fund transfer if he goes over budget later in the fiscal year. An alternative to a reserve fund transfer would be a Special Town Meeting vote. Chief Gates said that he was looking to the Board because they had requested a copy of the estimate. Magi said that if he needed additional funds that he would have to go before the Finance Committee just as any other department needs to do. V. Adjournment At 7:13 pm, Lemon MOVED to adjourn the meeting. Arguimbau SECONDED. Motion CARRIED 3-0-0. Minutes taken by Rosa Fratangelo Calcari