Town of Warwick Selectboard October 4, 2010 Minutes Members present: Dawn Magi, Patricia Lemon, Nick Arguimbau Others present: Town Coordinator David Young, Town Secretary Rosa Fratangelo Calcari, Open Space and Conservation Committee member Mary Williamson, Planning Board Chair Ted Cady, Planning Board member Brad Compton, Conservation Commission Chair Karro Frost, Conservation Commission members Kasey Rolih and Ann Kendell, Buildings and Energy Committee member Jack Cadwell, Open Space Committee member Clare Green, Tom Wyatt, Steve Ruggiero, Jon Calcari, John Williamson, Janet Conover, Jared Robinson (Athol Daily News) I. Call to Order Chair Arguimbau called the meeting to order at 6:02 p.m. in the Town Hall. II. Public Comment Steve Ruggiero handed each Board member a written complaint regarding the conduct of a Town employee. Lemon added an item to the agenda: Athol Road 911 numbering. III. Minutes Lemon MOVED to accept changes made to the minutes of September 7, 2010: in Public Comment, addition of the word "and" in the second line; omission of "by a former Fire Chief" in lines 5 and 6; taking the last "s" off of the word "serves" in line 11. Arguimbau SECONDED. Motion carried by a vote of 2-0-1. Arguimbau and Lemon: AYE; Magi Abstained due to her absence from that meeting. Arguimbau MOVED to accept the minutes of September 8, 2010 with the addition to the last sentence of the second paragraph of II.2: "on the agenda of a future meeting." Lemon SECONDED. Motion carried by a vote of 2-0-1. Arguimbau SECONDED. Motion carried by a vote of 2-0-1. Arguimbau and Lemon: AYE; Magi Abstained due to her absence from that meeting. Magi MOVED to accept the minutes of September 20, 2010 as printed. Arguimbau SECONDED. Motion carried by a vote of 3-0-0. Lemon noted that she voted on the acceptance of these minutes despite her absence from that meeting because she had previously corrected a quote that had been attributed to her by another Board member. IV. Presentations and Discussions 1. Athol Road 911 Numbering -- Young read the paragraph from his Coordinator report pertaining to this issue. Steve Ruggiero said that this is a non-issue and should be left alone. He said that a Google search clearly identifies the order of numbered properties along Athol Road. Young said that each house number is assigned in reference to the others, and that the non sequential numbering on Athol Road presents a problem for emergency personnel unfamiliar with the area. Arguimbau asked about the positions taken by the Fire and Police departments on this issue. There was a disagreement between Ruggiero and Young about Fire Chief Gunnar Lambert's view on the matter. Lemon said that she was worried about others living on the road being found by emergency personnel, noting that 911 numbers are being changed all across the country to make quick location easier. Magi MOVED to table the issue until Fire Chief Lambert can be present. Lemon SECONDED. Motion carried by a vote of 2-0-1. Magi and Lemon: Aye; Arguimbau abstained, as he had previously recused himself from any votes on the matter. Ted Cady inquired if a written statement would be acceptable if Chief Lambert were unable to attend a meeting. There was a consensus of the Board that Lambert's presence would be preferable. Tom Wyatt suggested that George Day also be present for historical perspective on enumeration. 2. Request to Designate Area for Off-Road Motorized Vehicles -- Young said that some time ago he received a letter addressed to the Board of Selectmen from Ben Lambert requesting that a track be built by volunteers for use by riders of motorized off-road vehicles. Keith Ross had drafted a letter of reply, to which Young had made some changes before presenting it to the Board. Lemon MOVED that Nick Arguimbau sign and David Young send the letter as printed. Magi SECONDED. Much discussion ensued. Karro Frost asked what the Board's reply to Ben Lambert said; Arguimbau read the letter aloud. Frost said that she had serious concerns about the use of 4-wheelers on protected conservation lands, but had no problem with the letter being sent as is to young Mr. Lambert. Cady asked if the Selectboard would refer the matter to the Planning Board, Open Space Committee or Conservation Commission. Janet Conover noted that while the DCR generally prohibits motorized vehicles on state land, there is a long application process for a group or individual to have a facility and location for ATV's. Kasey Rolih opposed to Town sanctioned use of motorized off-road vehicles, and submitted a letter to that effect to the Selectboard. Brad Compton pointed out that so few places allow the use of ATV's that, if approved, Warwick would have lots of use. Lemon noted that Bill Suzor allows ATV's on his private property in Orange, and she would be happy to have Warwick residents use their motorized off-road vehicles there. Jack Cadwell inquired why the letter to Ben Lambert just does not say "no", to which Young replied that he does not want to just show the teen the hand of government, but rather to put the ball back in the young man's court. Clare Green asked that Rolih's letter be read aloud; Arguimbau complied. Lemon CALLED the QUESTION. Motion carried by a vote of 3-0-0. 3. Internet Customer Premises Equipment/CDBG Program Income -- Young said that he was tasked with identifying grant funds to assist income eligible residents in obtaining broadband. He explained that repaid CDBG loan money, properly known as program income, is currently available in the total amount of $80,000.00. Young requested that the Board approve the use of $10,000.00 for helping income eligible residents obtain broadband. An additional $70,000.00 would still remain available for use as the Board deems fit. Conover said that she favored a process for broader review of Town needs along with input from the Finance Committee. Cady asked for further explanation of the process by which allotment of funds and income verification will be made. Young said that he will be looking for other funding sources besides the CDBG program income. Arguimbau stated that anything beyond the $10,000.00 must go before the town Meeting. Magi said that she wanted Finance Committee review and input regarding recommendations for the use of the remaining $70,000.00. Lemon MOVED to approve $10,000.00 of available CDBG program income to support the Town owned Customer Premises equipment for income eligible residents and that David Young be authorized to draw up a protocol to be approved by the Selectboard before any moneys are expended. Magi SECONDED. Arguimbau offered a friendly amendment requiring the procedures to be used in addressing the $70,000 be set. Lemon declined. Original Motion carried by a vote of 2-1-0. Magi and Lemon: Aye; Arguimbau: Nay. Cady and Lemon both offered to assist Young with income verification process. Lemon MOVED that the Finance Committee be asked for input on the remaining $70,000.00 of program income. Magi SECONDED. Motion carried by a vote of 3-0-0. Fire Department One Day Beer and Wine License -- Young explained that the Fire Department will be holding a meat raffle on October 23rd in Town Hall, and has requested to have a one day beer and wine license for the fundraising event. He said that he has confirmed with the insurance carrier that the Town has liquor liability insurance provided that the proceeds from the sale of alcohol benefit the Town. He recommended the Board grant the one-day beer and wine license. Magi MOVED to approve a one-day beer and wine license to the Fire Department on October 23, 2010, and that a detail Police Officer be present. Lemon SECONDED. Motion carried by a vote of 3-0-0. 5. Veterans Services Draft Budget -- Conover explained that small towns pay a disproportionately large amount compared to the larger towns, and that Warwick's proposed share of this annual budget is $2,470.00 Young mentioned the possibility of dropping out of the veterans district and handling the services within Town. Arguimbau as chair of the BOS, or his designee, is on the Regional Veterans' Board. Magi volunteered to be his designee and will attend a district budget meeting being held on Thursday, October 7th, and Conover said she will research whether the Town is legally allowed to drop out of the district mid-year. She also suggested seeking input from resident veterans on whether they would be better served locally or by the district. There was a consensus of the Board to be open to the possibility of dropping out of the district. 6. Guidance to Departments on FY 12 Budgeting -- Young said that it is time to begin the budget process for FY 12, with advice on the cost of living and other budgetary matters for boards and departments. Arguimbau mentioned giving it over to the Finance Committee for review, while Magi asked for Finance Committee input at a future meeting if schedules permit. Arguimbau suggested asking for two budgets, a standard, level-funded budget as well as one that reflects a certain percentage decrease, such as 15%. Magi MOVED to invite the Finance Committee to attend the next Selectboard meeting and determine from that meeting the recommendations to the departments. Lemon SECONDED. Motion carried by a vote of 3-0-0. 7. Appointment to Cultural Council -- Young said that Cultural Council Chair Tracey Weed requested that the Board appoint Kerry Stone to serve on the Council, effective immediately. He noted that Stone is a past member of the Council Magi MOVED to appoint Kerry Stone to the Cultural Council. Lemon SECONDED. Motion carried by a vote of 3-0-0. 8. Sign Election Warrants -- Board members signed the warrants for the November 2nd State election. 9. Ballot Question 2 -- This ballot question calls for the repeal of MGL Chapter 40B. Planning Board Chair Ted Cady gave a detailed explanation of Chapter 40B and its implications for small communities like Warwick. He said he supports the repeal of 40B and hopes for an amendment process. Arguimbau had written a statement on the question, which was reviewed by the Board. Arguimbau MOVED the following statement: The Warwick, Massachusetts Selectboard favors a vote of "YES" on Ballot Measure 2, Repeal of MGL Chapter 40B. Lemon SECONDED. Motion carried by a vote of 3-0-0. 10. Selectboard Reports -- Lemon reminded everyone of the Art Show and Sale being held at Town Hall on October 9th and 10th. She mentioned there will be a reception on the evening of October 8th. She also noted that the Historical Society will be open during the hours of the art show, and recommended going to see the costumes on display, accompanied by their histories. 11. Coordinator Report -- Young asked for any questions on his report, which was included in each Board member's meeting packet. There were no questions or comments. 12. Other Business -- None. V. Adjournment At 8:42 pm, Lemon MOVED to adjourn the meeting. Magi SECONDED. Motion carried by a vote of 3-0-0. Minutes taken by Rosa Fratangelo Calcari October 4, 2010 Mr. Ben Lambert 876 Orange Rd Warwick, MA 01378 Dear Ben, Thank you for your letter on behalf of kids and adults in and around Warwick who ride dirt bikes and 4 wheelers. We apologize for the delay in getting back to you. We appreciate your taking the time to write to us. We have a few questions as a result of your letter. Where would you suggest this track be located? In Warwick about half the land is owned by the Commonwealth of Massachusetts. The other half is privately owned. The town owns 245 acres encompassing 5 properties as town forests including, for example, the 53 acres around the transfer station. What would be the process to identify a location for a track? The Select Board have no control over the activities on state lands and the town's only control on private lands arises from the zoning and subdivision bylaws. Who would be responsible for liability associated with accidents and injuries at a track? If someone should get hurt while riding, what protections are available to the landowner, whether it is the town or a private landowner, from legal suits brought by the person who got hurt? If town or state land is used for a track, who will be responsible for management of the track? Generally a qualified person will need to be present to make sure riders are following the rules and to open and close the facility. We appreciate your interest in having an area where proper demonstrations of safety and ecological controls can be implemented. Are there any examples of this type of dirt bike and 4 wheeler track that you can identify so we can learn more about this activity? Please let us know what you can find out about the questions listed above. We look forward to working on this issue with you. Kind regards, Nicholas Arguimbau Chair Warwick Select Board Cc: Open Space Committee Planning Board Recreation Committee Town Forest Committee Conservation Commission ************************************************************************ 4 October 2010 Selectboard Town of Warwick Warwick, MA 01378 Re: Selectboard Agenda Item, Oct 4, 2010, "Request to designate area for off road motorized vehicles" Dear Selectboard, With all due respect to off-road vehicle (ORV) riders, I am opposed to any town-sanctioned use of lands for off-road vehicle recreation. As a former off-roader I've seen how much damage can be done to land and water by ORVs. I feel our world is already over-mechanized; the places where motorized vehicles cannot go offer sanctuary to the many of us, human and non-human alike, who need and love the peace and quiet Warwick offers. If I may offer some suggestions: instead of an ATV track how about something healthier for the body and environment, such as mountain biking or geocaching? I'd be happy to donate a GPS unit toward the latter cause. As a friend once suggested to me, why not try the best all-terrain vehicle of all: your feet, if you've got them? Sincerely, Kasey Rolih Beech Hill Rd Warwick, MA Cc: Warwick Open Space Committee Warwick Recreation Committee Warwick Forestry Committee