Town of Warwick Selectboard February 21, 2012 Minutes Members present: Patricia Lemon, Dawn Magi Absent: Nick Arguimbau Others present: Town Coordinator David Young, Town Secretary Rosa Fratangelo Calcari, Police Chief David Shoemaker, Paul Daniello and Jen Smith (Mount Grace Land Conservation Trust), Conservation Commission members Karro Frost and Mary Williamson, Kyle Whittier, Larry Gravelle, Jon Calcari I. Call to Order Chair Magi called the meeting to order at 6:00 pm in Town Hall. II. Public Comment None. III. Minutes Lemon MOVED to accept the minutes of February 6, 2012 as printed. Magi SECONDED. Motion CARRIED by a vote of 2-0-0. IV. Presentations and Discussions 1. Chairs and Sofa in Town Hall Dining Room --Magi and Lemon had both received complaints about the upholstered furniture in the Town Hall dining room. The Women's Guild objected to the furniture taking up too much space, especially as the Guild tries very hard to keep the room neat and clean. There was a consensus of the Board that there will be no further collection of furniture. 2. Execute Three Year Contract with Pequoig Energy-- Young said that the net meter electric contract with Pequoig Energy had been reviewed by Town Counsel, and that, with two minor changes made, was now ready for the Board to execute. Lemon MOVED to authorize the Chair to execute the contract. Magi SECONDED. Motion CARRIED by a vote of 2-0-0. 3. Hampshire COG Electricity Aggregation Agreement -- Young said that at the 2011 Annual Town Meeting, it was voted that the Selectboard could sign an electrical aggregation agreement which would allow the townspeople to buy electricity from the Hampshire COG group. Lemon MOVED to authorize the Chair to execute the COG electricity aggregation agreement. Magi SECONDED. Motion CARRIED by a vote of 2-0-0. Chapter 90 Project Request--Young explained that Highway Superintendent Tim Kilhart is requesting the Board's approval of a $25,000.00 Chapter 90 project to purchase a gravel- type mix of ground pavement known as hard pack. Kilhart wants to apply the material to unpaved hilly sections of various roads, and chose hard pack because it should hold better than gravel. Lemon MOVED to authorize Tim Kilhart to apply to Mass Highway for a $25,000.00 Chapter 90 project request and hard pack contract. Magi SECONDED. Motion CARRIED by a vote of 2-0-0. Mount Grace Land Trust and Conservation Restrictions--Paul Daniello of Mount Grace Land Conservation Trust (MGLCT) appeared before the Board with an update of the Ralph Jay Conservation Restriction (CR), which has been sent to the States Attorney for final approval. Daniello explained that the Commonwealth's payment program has been revamped, and that the State will no longer directly issue payment to the landowner. The Town, which holds the CR, will now act as the intermediary; the State will issue a check to the Town, and the Town will in turn pay the landowner. He also said that he would return to the next Board meeting for more follow-up and Selectboard feedback. Daniello's colleague from MGLCT, Jen Smith, spoke to the Board about another CR. Smith said that she will negotiate the language with landowner Lynn Manring and the Conservation Commission. She explained that this CR will be set up exactly as the Jay project, with the same method of payment to the landowner. Smith noted that Manring's fifty-five acres of land on Richmond Road, and the historic house, rank very highly as a priority conservation area. Mary Williamson showed the Board the exact location of the land on a large map. Conservation Commission Chair Karro Frost said that the entire Con Comm is in favor of such projects. She then spoke about the Con Comm's request for a public trail on Ralph Jay's land. Frost, Building Inspector Phil Delorey, Paul Daniello and Jen Smith recently had checked the bridge on the Jay property and determined the railing was not sufficiently sturdy. Frost was concerned, and wanted a legal opinion from Town Counsel on whether or not to include a public trail. She distributed copies of Emails on the subject to the Board and Town Coordinator. Young suggested addressing the faulty railings. The bridge was constructed by a snowmobile club from Winchester, NH. Daniello wanted to upgrade railings, and will speak with Ralph Jay and Gary Roakes of the NH snowmobile club from Winchester. Parking at Town Beach--Magi said that a resident across from the Town Beach complained to Fire Chief Ron Gates during the recent Moore's Pond ice cutting event that people were parking all over his land. It was determined that the cars were not in fact parked on this man's land, but rather on the Town right of way. Young said that the Highway Superintendent and Town Clerk both confirmed that Wendell Road is a three-rod road, which is six inches shy of fifty feet in width. Police Chief Shoemaker said that the traffic lanes are twelve feet wide. Two travel lanes and two parking lanes are on the Town right of way, and the road is sufficiently wide to allow for parking on both sides. Chief Shoemaker pointed out that the Selectboard is statutorily in control of all roads in Town except for state highway. Lemon MOVED that parking is permitted on both sides of Wendell Road near Moore's Pond Beach within the three-rod Town right of way, provided vehicles are off the travelled way and would in no way impede snow removal operations. Magi SECONDED. Motion CARRIED by a vote of 2-0-0. Nuisance Dog Hearing-- The hearing was convened due to more complaints against Kyle Whittier's dog "Dozer". Animal Control Officer Rosa Fratangelo Calcari distributed copies of her most recent report to the Board, Town Coordinator, Police Chief and Mr. Whittier. Magi inquired as to whether Whittier had licensed his dogs, and he replied that he had not. He said that he had spoken by telephone with the Town Clerk at one time, and stated that he is never in town during her working hours. It was agreed that the ACO would assist in obtaining the dog licenses for Whittier's two dogs "Dozer" and "Koda". Whittier admitted that "Dozer" does get loose sometimes, and that he just takes off running. Whittier explained that sometimes young children forget to shut the door and the dog gets out. He said his daughter understands that he could ultimately lose the dog, but that his nephews and the children's young friends sometimes forget. Lemon pointed out that elderly residents in his area are worried about possibly being knocked down and injured by this large dog. Whittier said that he had been looking online and pricing shock collars as a method of keeping "Dozer" from getting loose. Magi asked if he could provide proof to the Board that he has obtained a shock collar by the next meeting, which is scheduled for March 5th. He agreed. Young reminded Whittier that the dog still must be trained and shown the boundaries beyond which he cannot go. Whittier said that he understood that he would have to spend time training his dog. Lemon MOVED to continue the hearing for six (6) months with a review on March 5, 2012. Magi SECONDED. Motion CARRIED by a vote of 2-0-0. Magi asked Whittier if he was clear on all the terms, and he said that he understood everything. Letter to PVRSD-- Young said that Buildings and Energy Committee Chair Janice Kurkoski had drafted a letter to PVRSD explaining Warwick's desire to undertake energy betterments at WCS and to be permitted to pay for the improvements with the resulting savings. This method of payment will be allowable only if each member town votes to permit this one-time variance on the District's agreement. Lemon MOVED to authorize David Young to proceed with the process of obtaining energy savings betterments funded by energy savings and to seek town meeting approval from other member towns to do so. Magi SECONDED. Motion CARRIED by a vote of 2-0-0. FRCOG FY 13 Diesel and Fuel Oil--Young said that the Town has contracted for fixed priced fuel oil and diesel in the past, and asked the Board to again authorize him to use his best judgment and contract based on the results, and also to allow FRCOG to contract on Warwick's behalf. Lemon MOVED to authorize the Town Coordinator to contract with FRCOG for FY 13 diesel and fuel oil purchases and authorize FRCOG to contract on Warwick's behalf. Magi SECONDED. Motion CARRIED by a vote of 2-0-0. FY 13 Enterprise Fund Budgets--Young presented the Board with drafts of the proposed FY 13 budgets for the Transfer Station and Broadband Enterprise Funds. He explained that the Broadband budget is balanced, and the Transfer Station budget will require approximately $6,500.00 of taxpayer money. He noted this figure is reduced from FY 12 and FY 11, which were $12,000.00 and $20,000.00 respectively. Lemon MOVED to approve the Draft Transfer Station Enterprise Fund budget for recommendation to Annual Town Meeting. Magi SECONDED. Motion CARRIED by a vote of 2-0-0. Young explained his proposed ATM warrant article to create a Transfer Station Board of Commissioners, which would replace the Board of Health as the governing body. He said that Board of Health member Dick Whiting and Mike Mankowsky are interested in serving on this new governance board. Young then spoke about the Broadband Enterprise Fund budget for FY 13. He pointed out that this budget of $87,700.00 is smaller than years past, and projects a 20% growth rate in the number of subscribers. This budget also includes an increase in the number of repeater sites, which will allow for expansion of the service area within Town. Lemon MOVED that the Selectboard recommend the printed budget for the Broadband Enterprise Fund to Town Meeting. Magi SECONDED. Motion CARRIED by a vote of 2-0-0. 11.Annual Town Meeting Warrant--The Selectboard must vote to open and close the ATM warrant. Lemon MOVED that the Annual Town Meeting warrant be opened today and closed at 4 pm on April 23, 2012. Magi SECONDED. Motion CARRIED by a vote of 2-0-0. Broadband Committee Appointment--Young said that Broadband Committee Chair Reva Reck has requested that the Board appoint Scott Seago to fill a vacancy on the committee. Both Young and Reck feel Mr. Seago is highly qualified. Lemon MOVED to appoint Scott Seago to the Broadband Committee. Magi SECONDED. Motion CARRIED by a vote of 2-0-0. Metropolitan Area Planning Council (MAPC) 2012 DLTA Project--Lemon distributed copies of a form from MAPC for towns interested in participating in the 2012 DLTA project for the collective procurement of outdoor LED lighting. Lemon had filled out the form, and included her list of 29 sites for proposed streetlight placement. She said that this does not represent a commitment on the Town's part, but might provide a good price on lighting. This will be revisited at the next meeting. Selectboard Reports--Lemon said that she has been in contact with Kenneth Johnson about the possibility of placing a container for wood pellet bags at the Transfer Station. She said that Johnson will visit the Transfer Station to determine the best placement and type of container for the collection of pellet bags. Magi inquired about the right of way issues on Pine Street. Coordinator Report--Young said that he was looking for a specific directive not to pay the bill from Bay State Elevator. The bill, in the amount of $395.00, will be contested, as it referenced a proposal which was not approved by the Town. Lemon MOVED to forbid David Young from authorizing of Bay State Elevator bill. Magi SECONDED. Motion CARRIED by a vote of 2-0-0 Young said that the housing project voted on at the last meeting came in at $17,109.13, and noted that the mortgage loan is a full deferred payment due upon transfer or sale of the property. 15.New and Other Business--Lemon said that the Fire Department will have a training session on Saturday, March 3rd to burn the pallets on Hastings Heights Road. V.Adjournment At 7:37 pm, Magi MOVED to adjourn the meeting. Lemon SECONDED. Motion CARRIED by a vote of 2-0-0. Minutes taken by Rosa Fratangelo Calcari