Town of Warwick Selectboard January 24, 2011 Minutes Members present: Dawn Magi, Patricia Lemon, Nick Arguimbau Others present: Town Coordinator David Young, Town Secretary Rosa Fratangelo Calcari, Moderator Miryam Williamson, Mount Grace Land Conservation Trust members Tom Wansleben, Daniel Leahy and Julia Rabin, Conservation Committee members Karro Frost, Ann Kendall and Kasey Rolih, Open Space and Conservation Committee member Mary Williamson, Planning Board members Ted Cady, John Williamson and Brad Compton, Town Forest Committee members Keith Ross and Christine Duerring, Scenic Roads Policy Committee member Jack Cadwell, Police Officers David Shoemaker and Adam Holloway, Finance Committee member Kevin Alden, Transfer Station Attendant George Roaf, Nancy Kilhart, Clare Green, Arthur Long, Alan Morgan, Mark Maynard, Donald Walter, Linda Perkins, David and Eli Koester, Matt Hickler, Trinitarian Congregational Church Pastor Dan Dibble, Jon Calcari, Paula Robinson (Athol Daily News) I. Call to Order Chair Arguimbau called the meeting to order at 6:04 p.m. in the Town Hall. II. Public Comment None. III. Minutes With regards to the appendices included in the approved minutes of December 13, 2010, it was noted that appendices will not be part of the minutes, but rather will be kept in a separate loose leaf binder, available for public view. Lemon asked that an asterisk be place besides the term "POTS" and the explanation of the term "plain old telephone service" be noted in the minutes. Magi MOVED to accept the minutes of January 10, 2011 with the correction. Lemon SECONDED. Motion carried by a vote of 3-0-0. Lemon MOVED to accept the minutes of December 17, 2010 as printed. Magi SECONDED. Motion carried by a vote of 3-0-0. IV. Presentations and Discussions Approval of February 7, 2011 Special Town Meeting Warrant -- The Board reviewed the warrant. Lemon MOVED to accept the warrant for the Special Town Meeting for February 7, 2011, as printed. Magi SECONDED. Motion carried by a vote of 3-0-0. Each Board member signed five original copies of the warrant. At 6:35 pm, Constable George Day arrived to post the warrants, which by law had to be done by 7 pm tonight. Gale Road Tree Cutting -- Arguimbau said that the Board needed to decide whether or not to hold a public hearing, which can only be done only if the trees in question are not dead or hazardous. Conservation Commission member Kasey Rolih asked for a definition of a hazard tree; Arguimbau replied "... a tree that leans into the roadway". Planning Board Chair Ted Cady said that he and Selectboard Chair Arguimbau had discussed this matter in the past, and understood the procedure to be that the Tree Warden marks the trees to be cut, then people are allowed to view the area and express concerns. Arguimbau suggested that one person be designated to accompany the Tree Warden to ask questions and bring any issues back to the group for discussion. Lemon said that the Tree Warden had told her that he wanted Highway Superintendent Tim Kilhart to accompany him when he marks the trees. Town Forest Committee member Keith Ross said that there needs to be different definitions of hazardous trees for different roads. Young said that a hazard is a hazard regardless of the width of the road or how heavily a road is traveled. He also suggested the possibility of closing Gale Road from the Koester residence to the end of the old Athol Road end. Cady said that the Planning Board does not recommend the discontinuation of a road or maintenance to any road with residences. Linda Perkins inquired whether any trees other than hazardous ones were to be cut, and what if any legalities would exist for the homeowners. Arguimbau said that his understanding was that only hazardous or dead trees were slated to be cut. Conservation Commission Chair Karro Frost said that she and Kasey Rolih had met with Tim Kilhart in part to address concerns over wetlands. Frost said that Kilhart told her that no cutting would be done until after Verizon takes down their wires. She said that Kilhart told them that only branches hanging into the road, any small brush within the 33 foot span of road (the distance of a two rod road such as Gale Road), and dead standing trees likely to fall towards the road would be cut. There would be no cutting of live trees without a hearing. Planning Board member Brad Compton said that hazards do vary from road to road. Frost said that a wider road would lead to faster traffic, and that traffic in this area should remain slow. She also said that if all brush is cut, it would prevent young trees from growing and eventually there would be no trees to replace the older ones as they die off. Cady reminded everyone of MGL Chapter 87, Sections 2-5, which states in part that the Tree Warden is responsible for all trees within a public way, and no tree may be cut without his or her authorization. He also said that the Tree Warden is authorized to designate vegetation under one and one half inches without a hearing. He reiterated that the Tree Warden must first designate which trees are to be cut, and then the public may view and make comments prior to the Board allowing the Highway Department to commence cutting. Cady asked that the Board advise restraint for the Highway Superintendent until the public has had time to view the area and voice any concerns. Tom Wansleben, stewardship biologist from the Mount Grace Land Conservation Trust, pointed out that there are valuable resources along the 1 mile of frontage owned by the Trust. He said that there are eight vernal pools, and asked for caution and the consideration of resources before any cutting is done. He also said that conservation restrictions on the property owned by the Trust prohibit any cutting. Kevin Alden objected to the idea of cutting trees to increase the amount of sunlight on the road. He favored keeping the road as scenic as possible while taking down only hazardous and dead trees. Lemon MOVED to direct the Highway Department to wait to do any cutting on gale Road until prior notice has been given and the Board has agreed to the specific cuts. Magi SECONDED. Arguimbau added the friendly amendment that the Tree warden must first mark the trees. Lemon and Magi accepted the friendly amendment. More discussion ensued. David Koester asked about brush cutting, as he was concerned this would further widen the road into the wetlands. He said that he was against all brush cutting in that zone. Rolih wanted to know if there is a standard procedure for the marking of trees. Lemon said that the Tree Warden should come to the next meeting to better answer the questions being raised. Perkins inquired if all trees will be marked for cutting at the same time, or if this would be an ongoing process, and if a public hearing would be held so the public can be informed prior to any cutting. Arguimbau said that further proceedings of some nature will take place after the public has had a chance to look at the trees slated for cutting. Jack Cadwell pointed out that the Scenic Roads Policy Committee is working on the process and procedures for cutting. Cady noted that a public informational meeting will be held on February 10th, for the purpose of obtaining input from the public for the scenic roads policy. Young said that hazardous trees are exempt from a hearing, and that once hazardous trees are marked, there is a certain degree of liability to the Town in leaving them uncut. Compton asked that a differentiation be made between hazard and imminent hazard. Perkins asked what the purpose was for cutting brush. Lemon said that obscured views of the road could be hazardous to drivers. Koester said that Gale Road is a picture-perfect road and should remain so. Cadwell reminded the Board that it has the authority to tell the Highway Superintendent what brush to cut. Magi said that both the Highway Superintendent and the Tree Warden should be invited to the next Board meeting to clarify any cloudy issues. Young said that the Tree Warden can mark trees, but the Selectboard can direct the Highway not to follow through with the cutting. The expense budget for the tree warden is about $3,000.00; historically the Highway Department's cutting of marked trees has kept the budget down because the hiring of outside contractors is costly. Magi and Lemon both called the question. As a result of the discussion after the initial motion was made, the motion now to be voted reads as follows: Lemon MOVED to direct the Highway Department to wait to do any cutting of trees or brush on Gale Road until the Tree Warden has first marked the trees and brush to be cut, prior notice has been given to the Board by the Highway Department, and the Board has agreed to the specific cuts. Magi SECONDED. Motion carried by a vote of 3-0-0. 3. DLTA Grant Submission -- Young explained that the grant application had already been submitted, as the WiredWest representative contacted him about the grant the day after the initial application had passed. The extended deadline occurred prior to another Selectboard meeting. The grant is through FRCOG, and provides technical assistance to local municipalities. This was being handled as an ex post facto approval by the Board. Arguimbau asked that in the future this type of approval be avoided whenever possible. Lemon MOVED to authorize David Young to apply for funding in the amount of $8,000.00 for technical assistance for WiredWest. Magi SECONDED. Motion carried by a vote of 2-0-1. Lemon and Magi: AYE; Arguimbau Abstained. 4. Update on Police Chief Hiring ---The Board members had in their meeting packets cover letters and resumes from the two applicants for Police Chief, Warwick officers David Shoemaker and Adam Holloway. Young noted that it is important to make an appointment prior to current Police Chief Brian Peter's retirement date of February 4, 2011. The Board scheduled a meeting for 1:30 pm on Monday, January 31st in the Boards Room in Town Hall. The interview of the candidates will commence at 2 pm. Magi said that the Board needed to develop a list of questions to be posed to both candidates for the Police Chief position. 5. Follow-up on Verizon's POTS lines -- Young said that the Attorney General's office had investigated only POTS (plain old telephone service). Warwick and Orange were omitted from the settlement decree because they are not in the 413 area code and Wendell and New Salem were included because portions of those towns are in the 413 area code. The AG's office has directed Verizon to assign a liaison to address specific problems with specific telephone numbers. Anyone with a problem on their telephone line should first call Verizon and then contact Town Coordinator David Young to inform him of the issue, and include a repair ticket number if possible. 6. Selectboard Reports -- Lemon said that more work is needed on the draft of legislation to amend MGL Chapter 40 B. Magi noted that the most recently scheduled FRCOG meeting was postponed. 7. Coordinator Report -- Young asked if the Board had any questions on his printed report. Magi inquired about the Schedule A and closing of the books for submission to the State in order to get the free cash certified. Young noted that two motor vehicle accidents occurred recently, one of which resulted in damage to two granite posts along Town Common. The other caused heavy damage to the blue mailbox in front of Town Hall and some damage to the black mailbox alongside it. 8. Other Business -- None. V. Adjournment At 7:52 pm, Magi MOVED to adjourn the meeting. Lemon SECONDED. Motion carried by a vote of 3-0-0. Minutes taken by Rosa Fratangelo Calcari