Town of Warwick Selectboard November 29, 2010 DRAFT Minutes Members present: Dawn Magi, Patricia Lemon, Nick Arguimbau Others present: Town Coordinator David Young, Town Secretary Rosa Fratangelo Calcari, Tom Wyatt, Jon Calcari, Jared Robinson (Athol Daily News) I. Call to Order Chair Arguimbau called the meeting to order at 6:00 p.m. in the Town Hall. II. Public Comment None. III. Minutes Lemon MOVED to accept the minutes of November 15, 2010, as printed. Magi SECONDED. Motion carried by a vote of 2-0-1. Lemon and Magi: AYE; Arguimbau Abstained, as he was absent from that meeting. IV. Presentations and Discussions 1. Ending Chapter 40B Amendment Project -- Arguimbau said that the Planning Board and Selectboard had sent out joint letters to several towns with 35% or more of land under state ownership. The purpose of this letter was to elicit positive responses and support for amending Chapter 40B to allow certain towns to be exempt from the Chapter 40B provisions. Arguimbau said that 9 towns were in agreement, none objected, and the remaining three made no response at all. He explained that the Planning Board had decided to drop the amendment project for two reasons: failure to receive a unanimous response from the towns contacted, and the election results where the electorate of every town whose Selectboard supported the proposed amendment voted in favor of 40B. Magi suggested contacting Senator Brewer. Arguimbau noted that the Planning Board has specifically asked for the Selectboard's vote to abandon the project. Lemon said that she would like to speak with the Senator and ask his advice before voting. There was a consensus of the Board to continue this issue. Lemon MOVED to table the discussion to end the Chapter 40B project. Magi SECONDED. Motion carried by a vote of 3-0-0. 2. Stretch Code -- Young said that he would like to put the matter of adopting the Stretch Code on the February 7, 2011 Special Town Meeting warrant. He said that he had spoken about this with the Building Inspector, who has no problem with the Town adopting the Stretch Code. This optional addendum to the Massachusetts building code increases the efficiency requirements in any municipality that adopts it for all new residential buildings and for renovations to existing structures. Arguimbau noted that approval of the Selectboard is required by the State, but he saw no harm in also bringing it to town meeting floor in February. Arguimbau MOVED to approve the Stretch Code and to place it before Town Meeting. Lemon SECONDED. Motion carried by a vote of 3-0-0. Lemon pointed out that the Planning Board will be holding an informational session on the flood plain overlay at 7 pm on Wednesday, December 15th. Young suggested holding a pre-town meeting informational meeting late in January to discuss the issues on the STM warrant. Arguimbau favored a public hearing format. 3. Open Letter on Vermont Yankee Decommissioning--Tom Wyatt spoke about the letter, whose sponsors hoped to have signatures from all towns within a 20-mile radius of Vermont Yankee, that he had brought to the Board at the November 15th meeting. The letter expresses concern for the workers and the environment, and looks for the safe decommissioning of the plant, which is slated to close in 2012. Wyatt asked the Board to vote to sign the letter, which asks that the workers for the decommissioning and site clean up be hired from among those who will lose their jobs at the plant, that residents within the 20-mile radius be warned of hazardous circumstances, and that the environment be protected throughout the process. He handed an informational brochure to each Board member. Lemon MOVED to authorize Nick Arguimbau to sign the letter on the Board's behalf. Magi SECONDED. Motion carried by a vote of 3-0-0. 4. Loose Animal Ordinance -- Young said that the Police Department is looking for a by-law or ordinance regarding unfenced or otherwise loose animals. He noted that we have dog control bylaws in place, but nothing that he knows of that covers livestock. He said that he will look into the practices of other small towns and report back to the Board at the next meeting. This issue may also be placed on the February 7, 2011 STM warrant. 5. WCS Energy Consulting -- Young said that he has been working with the Buildings and Energy Committee to obtain an energy consulting contract. It has been determined that no one firm can provide all services needed. Young noted that the contracts are expected to come in under $10,000.00 total. Magi MOVED to authorize the Buildings and Energy Committee to recommend the vendor(s) and empower David Young as Coordinator to execute the consulting contract, not to exceed $10,000.00. Lemon SECONDED. A discussion ensued. Magi said that she wanted to see a troubleshooting guide on how to deal with things that are known to potentially go wrong. Lemon agreed and called the question. Motion carried by a vote of 3-0-0. 6. Selectboard Reports -- Lemon spoke about the MASSPIRG 21st century Transportation Principles. She noted that she has already signed as an individual, and would like the Selectboard to sign on behalf of the town. The three principles are: invest in modern public transit; fix roads and bridges instead of undertaking massive new projects; focus on outcomes that improve safety, reduce dependency on oil, and promote sustainability. Lemon MOVED that she be authorized to sign on behalf of the Board in support of MASSPIRG's 21st Century Transportation Principles. Magi SECONDED. Motion carried by a vote of 3-0-0. Magi said that she attended the FRCOG personnel division's recent meeting, where the matter under discussion was cost of living raises. She noted that the matter has not yet been resolved. Lemon mentioned the FRTA meeting being held on Tuesday, November 30th at the Chamber of Commerce building in Greenfield. Young noted that the meeting of PVRS district stakeholders hosted by the Bernardston Selectboard has been postponed until December 13th. He said he will double check the date, as the 13th is on a Monday and would conflict with the next Warwick Selectboard meeting. 7. Coordinator Report -- Young gave the Chapter 90 reimbursement documents to the Board for their signatures. The documents will be submitted to Mass Highway for reimbursement in the amount of $60,000.00 expended on the Wendell Road box culvert repair at Moore's Pond. Young noted that he is very pleased with the Highway Department's working to help other departments. Recently the highway crew spent several days clearing land for the Cemetery Commission. As the wood was of no value to cemetery operations, the cemetery commissioners told the workers that the wood could be taken away. However, this is in direct conflict with a policy voted by the Selectboard on June 14, 2010, regarding merchantable wood generated by the Highway department. According to the policy, wood is to be stored on town property for eventual sale or other disposition. An actual site has not yet been established. Magi said that in response to a call from a concerned citizen, she went to the cemetery and questioned the workers while they were clearing the land and told them to bring the wood to the Highway Department, which they agreed to do. Young said he will look into this matter further. He suggested the unused field behind the Trinitarian Church as a possible storage site. Lemon said that the Police Department, all committees, and every individual employee should receive a letter explaining the Highway-Department-generated wood policy. Young said that he expects a structural analysis of the Mt. Grace tower within one week. He noted that Broadband is now able to pay off the $30,000.00 twice as fast as anticipated, and that WBS will increase both its distribution capacity and transmission capacity. Lemon mentioned an Email she had received concerning the insurance payment for the damage to a resident's vehicle caused by the Transfer Station gate. She said that she had asked the resident for more information. Young noted that the Town has done everything as Town Counsel advised. 8. Other Business--Magi inquired about when the report regarding the policy for use of personal vehicles for police business from requested of Police Chief Brian Peters by the Selectboard at its September 8 meeting was due. She also said that she would like to have more information about what types of calls the police are handling. Lemon noted that Chief Peters wanted to be careful not to divulge any personal information when compiling statistics of the types of issues handled by the police department. Magi also wanted further information on the manner with which on-call status is dealt. Arguimbau wanted to go into an executive session, but after review of the acceptable reasons for executive session, he chose to first discuss the matter with Town Counsel. V. Adjournment At 7:12 pm, Lemon MOVED to adjourn the meeting. Magi SECONDED. Motion carried by a vote of 3-0-0. Minutes taken by Rosa Fratangelo Calcari