Town of Warwick Selectboard December 10, 2012 Minutes Members present: Dawn Magi, Patricia Lemon Member Absent: Nick Arguimbau Others present: Town Coordinator David Young, Town Secretary Rosa Fratangelo Calcari, Highway Superintendent Tim Kilhart, Police Chief Dave Shoemaker, Police Officer Bruce Kilhart, Assesors Clerk and Treasurer Beth Gilgun, Assessor Keith Ross, Paul Daniello (Mt. Grace Land Conservation Trust - MGLCT), Bobby Hubbard, Jon Calcari I. Call to Order Chair Magi called the meeting to order at 6:00 pm in Town Hall. Public Comment None. III. Minutes As both Board members present and the Town Coordinator said that they never received an electronic copy of the Draft Minutes of November 26, 2012, a vote to approve these minutes had to be postponed until the January 7, 2013 meeting. IV. Presentations and Discussions 1. Jay and Manring Conservation Restrictions--Paul Daniello of the Mount Grace Land Conservation Trust (MGLCT) appeared before the Board with an update on the Jay and Manring Conservation Restrictions (CRs). He said that he was looking for the Board to vote to sign the CRs for the Lynn Manring and Ralph Jay properties. Daniello explained that the projects have changed somewhat since he last came before the Board. He said that the State's Forest Legacy Program will not be able to close the two CR's before the end of 2012, but that MGLCT has offered to pre-acquire the CRs from the landowners and close by years-end. MGLCT would acquire the CRs from Ms. Manring and Mr. Jay in return for a promise to pay for the value of the CRs. Once Forest Legacy is ready to close on the projects, projected to be early in 2013, MGLCT will assign both CRs to the Town of Warwick. MGLTC would then be paid for the CRs and the mortgages will be retired with the proceeds of the State grant to the Town. Lemon MOVED that the Board members present sign the documents that transfer the Conservation Restriction on the Manring land to Mount Grace Land Conservation Trust. Magi SECONDED. Motion CARRIED 2-0-0. Young said that because Lemon is an abutter to the Jay land and therefore it would be considered a conflict of interest for her to vote on that CR, a meeting will be scheduled as soon as possible when Nick Arguimbau can be present with Magi to vote on the Jay CR. Magi and Lemon signed the documents for the Manring property. Tax Classification Hearing --The hearing was opened at 6:15 pm. The Board is required to hold a hearing each year before making a decision to either tax all property at the same rate or to establish a different tax rate for industrial or commercial properties. Historically, Warwick has had one tax rate for all property classifications. Assessors Clerk Beth Gilgun and Assessor Keith Ross favored keeping one rate. Lemon MOVED to continue with the single tax classification. Magi SECONDED. Motion CARRIED 2-0-0. Right to Farm Legal Opinion--Young said that Town Counsel had provided a legal opinion on the Town's Right to Farm By-Law. Young explained that there were two ways to assess protections under the By-Law, both of which must be met. One condition is that the activity must be a product of a normally accepted agricultural practice, while the other is whether the condition or output is incidental to farming. The legal opinion stated that the "question in each situation becomes determining if the undesirable output is incidental, and if it is a product of normally accepted agricultural practices." It was determined that a dog that barks, no matter how loudly, as protected as long as the barking is incidental to the task of protection. Constant barking would be considered a nuisance. Livestock running loose off the owner's property is not protected, and neither is damage caused by livestock on the property of others. Noisy activities such as plowing or rototilling at an unusual hour (example given: 3 am) would not be protected as it would not be a normally accepted agricultural practice. 4. FY 14 Budget -- Young gave the Board members a draft of the FY 14 budget. He said that this budget reflects the assumed 4.9% increase in the regional school budget. He said that a 2.5% increase in wages and in expenses, other than the Highway's snow and ice budget, were reflected in the numbers presented. He noted an estimated increase in the tax levy from the current $16.60 to almost $19.00. 5. Transfer Station--Young said that the Transfer Station Commissioners will appear before the Board in early January to present their budget. He noted that the $42,000.00 budget is in balance, will make no demands on the property tax levy, and anticipates the appropriation of an FY 12 surplus of $7,000.00. Young also said that the Commissioners have decided to do away with the $20.00 annual vehicle sticker fee, and have established a $9.00 fee for 55 gallon trash bags. Both changes take effect January 1, 2013. 6. Highway Department Winter Maintenance Standards--Board Chair Magi prefaced the discussion by commenting that the underlying problem with winter maintenance in Town is the high altitude of Warwick relative to that of surrounding towns. Hastings Heights Road resident Bobby Hubbard had made a complaint at 7:30 am on November 28th that the roads were not sanded. Hubbard called Highway Superintendent Tim Kilhart to ask why the roads were not sanded. Kilhart said that he told Mr. Hubbard that he had come into work early to check the roads, and that in his judgment sanding was not necessary. He said that in his continued monitoring of the roads in his personal vehicle, he found the roads safe for travel at the posted speed limits. Hubbard said that the children of Town should be the number one priority at all times, and that if there is any question of icy roads that the sand trucks should go out before the school buses. He suggested that the sand trucks be used to check the roads, and that safety can never be sacrificed for cost considerations. He said that the children's lives are priceless no matter what vehicle they are riding in. Kilhart, who lives in Athol, responded that he checks the roads early in the morning in his personal vehicle, which is a Ford 2-wheel drive pick-up truck. He said that he also checks with his father, who lives in one of the most elevated spots in town, to check for potential weather events. He said that someone from the Police or Fire Departments will also inform him if conditions prove problematic for them. He said that he does not make decisions lightly, and that his judgments on how and when to treat the roads are based on safe travel at the posted speed limits. Kilhart noted that he had received no complaints outside of the one made by Mr. Hubbard. Kilhart pointed out that he is the only one on the Highway department with a page. He noted that he has sometimes had trouble reaching members of his crew. Hubbard said that the critical times of day are when the children are on the road, between 6 and eight in the morning and again between 3 and 5 in the afternoon. Kilhart said that there is no way that he can make everyone happy all the time, but that he has been asked by the Board to make the tough decisions. He said that he stands behind the calls he has made this season. Young said that because it is a judgment call, the human element is always involved, but no one wants anyone but Tim to make those tough calls. Kilhart asked the Board for its support to allow him to make the tough decisions based on the temperature, weather forecast and road conditions. He commented that he often gets up at night to check on temperatures and conditions. Hubbard reiterated what he deemed to be the crucial times of 6 - 8 am and 3 -5 pm. Police Chief Shoemaker said that it is the responsibility of the bus drivers, police, and parents to provide input if conditions seem unsafe. There was a consensus of the Board that they have confidence in Kilhart and support of his efforts for road safety as well as effective use of the budget. Kilhart said that he has tried his hardest to make the right decisions and will continue to do so. Magi said that it needs to be brought to everyone's attention to drive carefully and be mindful of road conditions. She also said that it is always best to err on the side of safety, and that safety comes before budgetary considerations. 7. Selectboard Reports--Lemon said that she read something in the MMA newsletter about medical marijuana and asked Chief Shoemaker if he had received any directives from the State since the November vote to legalize medical marijuana. The Chief said that he had not, and pointed out that marijuana, which he opposes in any form and considers to be a gateway drug, is illegal at the Federal level. Coordinator Report-- Both Magi and Lemon commented on the excellent printed Coordinator Report. Young said that he will schedule a meeting to address the Jay CR as soon as possible. He also noted that the next scheduled meeting would fall on Christmas Eve, but has been cancelled. Other than the meeting for the Jay CR, or unless another pressing issue presents itself, the next meeting would be January 7, 2013. V. Adjournment At 7:25 pm, Lemon MOVED to adjourn the meeting. Magi SECONDED. Motion CARRIED 2-0-0. Minutes taken by Rosa Fratangelo Calcari