Town of Warwick Selectboard March 10, 2008 Minutes Members present: Patricia Lemon, Jim Toth, Rick Abbott Others present: David Young, Rosa Calcari, Miryam Williamson, Gunnar Lambert, George Day, Terry Kemerer, Janet Alden, Jon Calcari, Richard and Carlene Abbott, Janet Conover, and Paula Lundgren (Athol Daily News) I. Call to Order The Meeting was called to order at 6:05pm at the Town Hall by Chairman Lemon. II. Minutes Toth MOVED to approve the minutes of the February 25 meeting as printed. Abbott Seconded. VOTED. III. Presentations/Discussions 1. Town Account Authorizations - Toth reported on recent conversations he had, first with Accountant Janice Barrett, followed by Town Coordinator David Young, regarding certain Town accounts. Toth noted that no expenditures can be made directly from the Reserve Fund, but rather transfers are made, which appear on the Expenditure Reports as "Budget Revisions". A brief discussion of the Millstone Fund yielded information from Alden and Day, both of whom identified the account as a trust fund. Although neither was sure as what constitutes an appropriate expenditure from this fund, Day said it was established to recognize the significance of the mills in Town. Toth explained that Intergovernmental accounts are for expenditures back to other entities, from funds that we receive on the cherry sheets. The Town has no control over these numbers. Toth spoke about the Landfill Receipts and Septic Grants. He said that the Town used to administer grants for septic systems, noting that funds in the Admin. Of septic loans Account, which currently has a balance of $4331.00, represents a percentage of what was paid back for the administration of the loans. This money could revert back to the General Fund, as there are no restrictions on what can be done with these funds. Young said that Title 5 may have affected the programs for which these accounts were established, and he will do more research on the subject. Toth said that there is $1.06 remaining in the MA "Releaf" account, which may be used by the Tree Warden or Cemetery Commission for tree related expenses. He also discussed the Howard poor Fund, noting that this trust was established by the Town, so the Board may determine its best use. Treasurer Dana Robinson concurred that Veterans benefits would be an appropriate use of this fund. An ATM vote would be advisable, to allow veterans benefits to be paid from this account, commencing in FY09. Toth said there is $20,000.00 remaining in the STAB Police Cruiser Lease, because Police Chief Peters found another funding source and never spent these funds. A written note from Chief Peters stating the funds are not going to be spent will allow the money to be put back into Stabilization. Toth explained that STAB County Roads has a balance of $1200.00, and that the work which was funded by FRCOG is complete. Toth, as a selectboard member, can write a memo stating the funds will not be spent, and can therefore be put back into Stabilization. In addressing the Hockanum account, Toth said that there was an FY05 ATM vote to transfer $760.00 from Stabilization for interest on a temporary loan. Barrett confirmed there is no outstanding loan, therefore there can be no interest owed. Closeout requires a written memo from the Selectboard stating that this money will not be spent, so it can be returned to the Stabilization. Toth Moved that the Selectboard authorize the Town Accountant to release the balance of funds in STAB County Roads Account, number 82-5-100-008 to the capital Stabilization Fund, as the project has been completed and no balance is owing. Abbott Seconded. VOTED. Toth Moved the Selectboard authorize the Town Accountant to release the balance of funds in Hockanum Account, number 82-5-100-172, to the Capital Stabilization Fund, there being no outstanding loan and therefore no interest owed. Lemon Seconded. VOTED. Toth Moved the Selectboard authorize the Town Accountant to reallocate previous FY08 expenses for filing plans at the Registry of Deeds for Garage and Hettie Belle Lanes from Selectboard Expense to account number 82-5-100-017, Garage and Hettie Belle Lane, and after this transfer release the balance of funds in 82-5-100-008 to the Capital Stabilization Fund. Abbott Seconded. VOTED. 2. Update on Repairs to Town Clock - Day praised the Board for their decision to choose Philip D'Avanza to repair the Town Clock. Day showed an array of photographs to illustrate the progress made on the repairs. He said the clock is not yet striking, but it is keeping time. Day presented the Board with a check for $350.00, a donation towards the newly established Town Clock Repair Donation Account, which now stands at $4550.00 from private donations. Day said that metal fatigue is responsible for the damages to the Clock, and D'Avanza discovered more problems once he had disassembled the internal workings. Day identified the problem as being the strike side drum. Toth acknowledged that there was an understanding that the initial estimate could be affected by just such a discovery. He also broached the subject of holding a ceremony to commemorate the first chime. Day said he wants to wait until Pat Johnson returns to Town, which Alden said should be mid-April. It was generally agreed that holding off until the Memorial Day ceremonies would be too long of a wait. Lemon MOVED to authorize to pay overage of $875.00, and to accept Philip D'Avanza's estimate of $1600.00 to continue work as discussed. Toth Seconded. VOTED. Lemon Called To Order the Hearing on the name change from Brush Valley Road to Beech Hill Road, and asked Jim Toth to chair the hearing. Toth said that the hearing was being held because of a petition from David Young to change the name of the northeasterly portion of Brush Valley Road to Beech Hill Road. Toth noted that this was initiated by the Highway Department, and is supported by both the Fire and Police Chiefs. Lambert said he was in favor of the renaming, and also wanted the road fully reopened as well for improved emergency access. Toth acknowledged that at present what is now known as Brush Valley Road is accessible only from Gale Road, and that to open the road fully would require a separate process. Conover, who presented surveys she had researched, said she was also in favor of renaming the road. Young said he has spoken to the residents who would be affected, and they support the name change. Toth read a portion of the Order of Road Name Change: "...Having heard the comments provided at the said hearing and no one appearing to object, the said Board acting under the power and authority conferred upon said Town by Chapter 85 of the Massachusetts General Laws as amended and in compliance with any and every other power and authority said Board in any way enabling, did on said March 10, 2008 vote to rename the northeasterly portion of Brush Valley Road as Beech Hill Road, effective July 1, 2008. Beech Hill Road will henceforth run from Gale Road southwesterly approximately 7450 feet to the northeasterly limit of the 2003 discontinuance of Brush Valley Road (f.k.a. Dubovik Road). Lemon Moved to officially change the name of Brush Valley Road to Beech Hill Road. Toth Seconded. VOTED. The hearing was closed at 7:22 pm 3. Appointment of Janet Alden to the Council on Aging - The Council on Aging, whose members include Carol Foote (Chair), Betsey Lochhead, Ann Miner and Helen Whipple, voted on February 3, 2008 to request that the Selectboard appoint Janet Alden to the Council. LEMON Moved to appoint Janet Alden to the Council on Aging as requested by the current Council. Toth Seconded. VOTED. 4. Proposed Warrant Articles for ATM - Lemon said that Town Counsel approved the wording of a warrant article involving the reauthorization of the Animal Control Revolving Account. Lemon also said that she is the main contact with Attorney Dupere. Toth suggested that Lemon consult Dupere as to how he would prefer to review prospective ATM warrant articles, either all at once or piece meal. 5. DOR Management Reports - Abbott said that the DOR recommended combining the Treasurer and Tax Collector positions. Toth said that is common to most all DOR reports. Abbott also pointed out that the DOR highly recommends the formation of a Capital Planning Committee. Young said that the report contained "nothing ugly, nothing egregious", as most reports do. Abbott also said that the DOR, in an effort to remedy a possible lack of continuity, recommends that the Town Coordinator supervise all appointed staff. This would effectively change the position to one of Town Administrator. Conover supported forwarding all personnel recommendations from this report to the Personnel Committee for their review and report back to the Selectboard. Toth added that all financial recommendations should be sent to the Finance Committee. Lemon mentioned that the Finance Committee has requested a joint meeting with the Board on Monday, April 7, to discuss the use of Chapter 90 funds. Young said he attended the most recent Fin Comm meeting, and that they wish to delve into all possible funding sources for the proposed purchase of a new truck for the Highway Department, in order to identify the best option. Williamson cautioned the Board about the use of bonds and their implications on the economy. Abbott wanted Highway Superintendent Kilhart to attend the April 7 meeting to express his views and concerns. Lemon concurred. Toth said that he will pass along the Board's request to Kilhart. 6. Selectboard Reports - Toth spoke about the Heritage landscape Inventory public meeting which was held on March 6, 2008. He said the 21 people who attended compiled a list of sites that merit further study. The next step, a field review, is scheduled for March 20, and will consist of a site view for the Village Center and Town Common, Mount Grace, Kidder Falls/Ridge Road, Moore's Pond, Metacomet-Monadnock (M&M) Trail, and some mill ruins. Toth also acknowledged Women's Guild President Maria Whitney, thanking her for providing excellent refreshments. Toth next spoke about the new excavation and trench safety regulations, which will take effect January 1, 2009. The regulations make the issuance of permits mandatory, so every trench must be permitted, including municipal and private activities. Toth said the definition of a trench is anything 3 feet deep, longer than it is wide up to 15 feet in width, and used as part of construction. Graves and agricultural ditches are exempt from the new regulations. No trench can be unattended, which means either it must be manned 24/7, back-filled, covered with three-quarter inch steel back plates, or be surrounded by a minimum 6-foot fence with no opening larger than 6 inches, which Toth said means basically a chain link fence with rigid posts. He explained that the Trenching Authority issues permits, but inspects only if a complaint of a violation is reported. If the trench is found to be in violation, it will immediately be shut down. Toth, who has been designated by the Town as our Trenching Authority when the regulations take effect, said he intends to make the process as easy as possible. He acknowledged that the rules are onerous, and "would adversely affect every town and excavation contractor and many private individuals throughout the state". He is urging Senator Brewer and Representative Donelan to "re-examine the law and the rules and to then lead the effort...to repeal the law entirely." 7. Town Coordinator Report - Young said he received a request from the Highway Department to have the Board issue a temporary order closing all unpaved roads to trucks over 10,000 pounds. Exceptions would me made for school busses and necessary delivery vehicles. Toth said that signs will be posted at either end of every unpaved road, and that this order will apply to through traffic. He acknowledged that this could potentially shut down logging operations during mud season. Lemon Moved to order the temporary closing of unpaved roads to vehicles over 10,000 pounds, excepting school busses and necessary delivery vehicles. Toth Seconded. VOTED. Young reported having received from FRCOG and copied for distribution as .pdf files the road and emergency response maps for Warwick review. Both he and Conover said the maps need work on both facts and legend. Young said Massamont Insurance will provide property, liability, workers compensation, bonds, police and fire insurance for FY09. This move will save the Town $8,000.00. Young also noted that FY08 line item for unemployment insurance is under funded and will require a Reserve Fund transfer before fiscal year's end. The budget for this line item will need to be increased for FY09. Young said he had spoken with Bob Bussolari, engineer for the WCS sprinkler system, regarding his progress. Testing of the system is scheduled during vacation week. Fire Chief Lambert said he will be present for the testing. Young confirmed that the Western Regional Homeland security Advisory Council's Training and Exercise Committee has approved the NIMS training form submitted by the Town for EMS, Police, and Fire Chiefs to receive $1,440.00 in reimbursement for training which must be completed by June 30, 2008. Attendees are attempting to schedule the training locally. Young said he and Lemon will attend a budget training workshop in Greenfield this Thursday. IV. Public Comment A statement was made, but Lemon requested the complainants properly detail their complaints by putting them in writing. She also asked them to speak with Building inspector Lorne Petrain. Toth said he received an Email from Nancy Hoffman Machado, who wants to buy a bench to place somewhere in Town to honor the memory of her aunt Evelyn Hoffman, into whose home Machado and her husband will soon be moving. Lemon suggested that the Women's Guild might like to assist with that project, as Ms. Hoffman was an active member of the Guild. Williamson and Alden agreed. V. Adjournment Toth MOVED at 8:35 pm. to adjourn the meeting. Abbott Seconded. VOTED. Minutes taken by Rosa Fratangelo Calcari