Town of Warwick Selectboard February 22, 2011 Minutes Members present: Dawn Magi, Nick Arguimbau, Patricia Lemon Others present: Town Coordinator David Young, Town Secretary Rosa Fratangelo Calcari, Highway Superintendent Tim Kilhart, Tree Warden Dana Songer, Planning Board members Brad Compton and John Williamson, Conservation Committee members Karro Frost and, Kasey Rolih, Open Space and Conservation Committee member Mary Williamson, Scenic Roads Policy Committee member Jack Cadwell, Finance Committee member Kevin Alden, Police Chief David Shoemaker, Police Officers Adam Holloway and Bruce Kilhart, Keith Swan, Jennifer Adams, Linda Perkins, Jon Calcari, 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 None. III. Minutes Action on the minutes of the previous meeting was deferred in order to begin discussion on the Gale Road tree cutting issue. IV. Presentations and Discussions 1. Gale Road Tree Cutting -- Tree Warden Dana Songer and Highway Superintendent Tim Kilhart had been asked to attend this meeting to discuss tree cutting on Gale Road. Songer gave each Board member a copy of MGL Chapter 87, Section 5, which outlined his statutory responsibilities and duties as tree warden. Lemon wanted the Tree Warden to call and let the Selectboard know of any tree that is to be cut. Highway Superintendent Kilhart said that the proposed regulations will prevent him from cutting hazard trees. Songer clarified the division of responsibilities by explaining that standing trees are the purview of the Tree Warden, while fallen trees are the Highway Department's responsibility. Songer said that the Tree Warden is authorized to cut any dead, decayed, cracked, or compromised tree which presents a hazard to a public way without first holding a hearing. He said that holding a hearing to determine if a tree is hazardous takes away the authority of the Tree Warden as outlined in Chapter 87 of the Mass General Laws. Songer said that he had recently conferred with the President of the Massachusetts Tree Wardens Association, who agreed with his assessment of the authority of a tree warden. Young said tat the Tree Warden expense budget is $3,900.00, and that if the Board does not agree with a determination made by the Tree Warden, it can direct the Highway Department not to cut the trees. Kilhart said that he did not think it was good practice to prevent cooperation between departments. He said that he works with Songer and confers back and forth with him throughout the year. Kilhart noted that the Highway Department will cut trees if there are no wires in the area, as long as the bucket loader can take the trees down safely, which helps to extend the Tree Warden's budget. Songer said that he works with several different boards and committees in town. Songer noted that he felt the Board is micromanaging the Tree Warden, and that no one had approached him about Gale Road prior to his being asked to attend this meeting. Magi asked if anyone was opposed to dead or diseased trees on Gale Road being cut. Linda Perkins wanted a standardized definition of "hazardous", and wanted to know if there are different categories of hazardous other than merely dead or diseased trees. Young suggested a compromise on areas deemed to be sensitive, and a dialogue with the public, either in a meeting or at a site visit. Arguimbau wanted to hold a hearing on the Gale Road tree cutting, after the Tree Warden has reported what trees have been determined to be hazardous, along with any brush or branches that have been slated for cutting. Lemon MOVED that until the Selectboard has time to put the policy submitted by the Planning Board's ad hoc Committee on Scenic Roads on its agenda and decide whether to adopt it as written, or to amend it, the Highway Superintendent be directed to follow its dictates where Gale Road is concerned as written and that, further, he be enjoined from taking any measures that would serve to widen Gale Road to more than one lane until such time as a hearing to establish the road width can be held. Conservation Committee Chair Karro Frost said that there are two separate issues to be addressed: trees that are blocking the road and present an imminent hazard, and maintenance cutting on the sides of the road in prevention of a future hazard. Police Chief Shoemaker said that hazard needs to be defined, and asked who will be the one to provide the definition. Magi said that Kilhart should be allowed to do what he needs to do when he identifies an imminent hazard, but leave maintenance work for later on after a hearing is held. Gale Road resident Jennifer Adams said that we need to look into what needs to be done outside of imminent hazards. Scenic Road Committee member Jack Cadwell said that we owe it to Tim Kilhart to define hazard and back him up. Arguimbau said that we need a public hearing on anything other than an imminent danger or hazard tree on Gale Road. Songer gave his definition of hazard as a tree that is dead, no longer alive, continues to decay, and is leaning towards the road so that when it falls it will go into the road. He noted that the ultimate goal of the Tree Warden and the Highway Superintendent is to protect the public and the Highway workers. Lemon's motion DIED for the Lack of a Second. Arguimbau MOVED that under the direction of Tree Warden Dana Songer with the assistance of Highway Superintendent Tim Kilhart all hazardous trees on Gale Road may be cut that are defined as dead and leaning towards the road; with respect to anything else we want a hearing on Gale Road. Lemon SECONDED. Arguimbau AMENDED the motion to add that they may remove hazard trees - dead trees leaning towards the roadway - and living branches in the way of vehicles and actually obstructing traffic. Lemon SECONDED the amendment. Motion carried by a vote of 3-0-0. Magi asked Kilhart if this motion will allow him to do his job, to which he replied that it was a start. A hearing will be scheduled at sometime in the future at the discretion of the Tree Warden. 2. Action on Minutes of February 7, 2011 -- Lemon MOVED to accept the minutes of February 7, 2011 as printed. Magi SECONDED. Motion carried by a vote of 3-0-0. 3. Police Appointments and Report -- Police Chief David Shoemaker informed the Board that Provisional Officer John Stewart II has satisfactorily completed his probationary period and said that he wanted Stewart to be appointed as a Police Officer. He then introduced Keith Swan, a graduate of the Police Academy who is interested in becoming a police officer for Warwick. Chief Shoemaker asked the Board to appoint Swan as a Provisional Officer. Magi asked how many officers we have now. Shoemaker said that currently there are eleven officers on the roster, but not all are active in Town. Lastly, Shoemaker asked that the Board appoint Brian Peters as a Special Officer. Peters would have no patrol duties, but would have police powers and be available to respond to emergencies and perform special duties. Lemon MOVED that John Stewart II be appointed a regular Police Officer, Keith Swan be appointed a Provisional Officer, and Brian Peters be appointed Special Officer on the Police Department in Warwick.. Magi SECONDED. Motion carried by a vote of 3-0-0. Lemon expressed appreciation for the January 2011 Police Log, which Chief Shoemaker had Emailed to the Town Coordinator, who in turn Emailed a copy to each member of the Selectboard. 4. Surplus Property Declaration -- Chief Shoemaker had submitted a list of items sitting unused in the Police Station, and requested that they be declared surplus property. Young said that once the items are declared a surplus, he will work with the Police Department to see if other departments can use anything or if some things can be sold. Otherwise, the items will be disposed of properly. Lemon MOVED to accept the list of items presented by the Police Department and declare as surplus property. Magi SECONDED. Motion carried by a vote of 3-0-0. Young requested that the Board declare the old Highway backhoe as surplus property, as delivery has been taken on the new to Warwick four-wheel drive backhoe. Lemon MOVED to declare the 2000 two-wheel drive Case backhoe surplus property. Magi SECONDED. Motion carried by a vote of 3-0-0. Young noted that the old backhoe will be sold to a Franklin County town for $10,000.00. Young informed the Board that Highway Superintendent Kilhart wants to crack seal the road leading to the Warwick Community School, as requested by the WCS maintenance staff. Chapter 90 funds will be used for this project. Magi MOVED to approve a Chapter 90 crack sealing project for the road leading to the Warwick Community School. Lemon SECONDED. Motion carried by a vote of 3-0-0. The question arose as to whether the road leading to WCS has a name. Lemon MOVED to put on the Annual Town Meeting warrant an article to name the road leading to WCS School Street, if the road does not currently have a name. Magi SECONDED. Lemon: AYE; Magi and Arguimbau: NAY. Motion FAILED. 5. Selectboard Reports -- Lemon said that all but six people who voted in the straw poll at the February 7th Special Town Meeting chose 250th Anniversary rather than the other, longer terms of Latin derivation. 6. Coordinator Report -- Arguimbau inquired about the Firemen's Association and the demolition of the old school building slated for this spring. There was a consensus of the Board that Fire Chief Gunnar Lambert be asked to attend a Selectboard meeting next month, as Arguimbau wanted to discuss possible alternative options to demolition, whether title was formally transferred, whether there were any conditions on the transfer, plans for the new firehouse and timeline on construction, and other matters relating to the schoolhouse and new firehouse. Magi asked about the ad hoc Wood Committee. Young said that there are six members plus Highway Superintendent Kilhart, Tree warden Songer, and a Selectboard representative. Lemon MOVED to designate David Young responsible for scheduling the committee's first meeting and to get a list of member's names to the Board. There was a consensus of the Board that a motion was unnecessary. Motion DIED for lack of a Second. 7. Other Business-- None. V. Adjournment At 7:35 pm, Magi MOVED to adjourn the meeting. Lemon SECONDED. Motion carried by a vote of 3-0-0. Minutes taken by Rosa Fratangelo Calcari MGL 87:5 - Tree wardens and their deputies, but no other person, may, without a hearing, trim, cut down or remove trees, less than one and one half inches in diameter one foot from the ground, and bushes, standing in public ways; and, if ordered by the mayor, selectmen, road commissioners or highway surveyor, shall trim or cut down trees and bushes, if the same shall be deemed to obstruct, endanger, hinder or incommode persons traveling thereon or to obstruct buildings being moved pursuant to the provisions of section eighteen of chapter eighty-five. Nothing contained in this chapter shall prevent the trimming, cutting or removal of any tree which endangers persons traveling on a highway, or the removal of any tree, if so ordered by the proper officers for the purpose of widening the highway and nothing herein contained shall interfere with the suppression of pests declared to be public nuisances by section eleven of chapter one hundred and thirty-two, including the Dutch elm disease.