Town of Warwick Selectboard May 16, 2011 Minutes Members present: Patricia Lemon, Nick Arguimbau Member Absent: Dawn Magi Others present: Town Coordinator David Young, Town Secretary Rosa Fratangelo Calcari, Police Officer Bruce Kilhart, Donnie Matthews, Town Clerk Jeannette Fellows (arrived at 7:45 pm), Jon Calcari, Jared Robinson (Athol Daily News) I. Call to Order Chair Arguimbau called the meeting to order at 7:00 p.m. in the Town Hall. II. Minutes Lemon MOVED to accept the minutes of April 19, 2011 and May 2, 2011 as printed. Arguimbau SECONDED. Motion carried by a vote of 2-0-0. III. Public Comment Lemon asked Officer Kilhart if anyone in the vicinity of his home on Flower Hill Road had damaged mailboxes. Kilhart responded that he was not aware of an issue with mailboxes being damaged on Flower Hill Road. IV. Presentations/Discussions Highway Department-- Arguimbau wanted everyone to know that from now on when there is a significant request from a department that he will personally take into account whether or not a person from that department is present at the meeting when deciding how important the request is. Young said that he works very hard to streamline the town government and takes care of representing the issues at hand. Arguimbau wanted to encourage department heads to attend Selectboard meetings when something is before the Board. Lemon said that she would rather receive a telephone call prior to the meeting. Young noted that it is difficult enough getting people to serve in various positions, and prefers maintaining the streamlined approach. There were two Chapter 90 Project Requests before the Board. One was for crack sealing all roads that have been sealed in the past (Orange, Athol, Shepardson, Hotel, Chase Hill, Royalston, and Old Winchester Roads). Another request was for the use of 2% crumb rubber surface treatment on a section of Richmond Road. Lemon MOVED to approve the two Chapter 90 requests that have been made. Arguimbau SECONDED. Motion carried by a vote of 2-0-0. Both Lemon and Arguimbau signed the appropriate paperwork. The next issue before the Board was recommended by Town Coordinator David Young that the Town reimburse its Highway employees for the cost of their DOT physicals and hoister licenses. Lemon proposed an amendment to the Personnel Policy; Young suggested making a Selectboard policy. Lemon MOVED to instruct David Young that the expense of anything we require an employee to do should be paid for by the Town rather than the employee. Arguimbau SECONDED and offered a Friendly Amendment that this will apply to Highway Department employees only at this point. Lemon Accepted the Friendly Amendment. Motion carried by a vote of 2-0-0. Young noted that the DOT card and hoister license would average $200.00 per Highway employee every two years. Young also asked the Board to review the vacation policy and the way vacation pay is granted. Young said that he consulted with Town Counsel, and recommended the Board consider granting some vacation time at the end of the 6-month probationary period. He explained that Brian Hubbard has completed his probationary period and has worked eight months with no vacation time accrued. Vacation time does not roll over, and must be taken within each fiscal year. Young asked that the Board offer a token of appreciation by granting a small amount of vacation time to Mr. Hubbard, and said that there is precedent, as this was done for Tim Kilhart. Lemon MOVED to give Brian Hubbard 7 days of vacation in FY 11. Arguimbau SECONDED. Motion carried by a vote of 2-0-0. Young will inform the Personnel Committee of this vote and ask for its review of the vacation policy. 2. Chapter 268A:20(D) Exemptions--Young explained that three MGL 268A:20(D) exemptions were now before the Board. The first was for Police Officer Bruce Kilhart, to allow him to be able to plow snow in an emergency situation if a regular driver were ill or injured. He noted that the positions of police officer and highway driver/laborer have already been designated as special municipal employees. Lemon MOVED to grant Bruce Kilhart an exemption as required by MGL Chapter 268A Section 20(D)Arguimbau SECONDED. Motion carried by a vote of 2-0-0. The next emption was for Transfer Station Attendant and Cemetery Mower George Roaf, who was elected to the Cemetery Commission today. All three positions have previously been designated as special municipal employees. Young noted that a precedent exists, as a former Cemetery Commissioner has mowed in the past. Lemon MOVED that George Roaf be granted an exemption under MGL 268A:20(D) so he can act as cemetery mower and trimmer, Transfer Station Attendant, and a member of the Cemetery Commission. Arguimbau SECONDED. Motion carried by a vote of 2-0-0. The third exemption was for Highway employee Brian Hubbard, so that he may sell the Town $500.00 worth of hay. This hay will serve as part of the Town's commitment to DCR for $2,000.00 worth of materials. Each year we owe DCR an in-kind payment of materials for use of the tower on Mt. Grace. Lemon MOVED to grant exemption under MGL 268A:20(D) for Brian Hubbard so he may continue to act as a Town employee for the Highway Department and contract with us for 100 bales of hay to fulfill our commitment to DCR. Arguimbau SECONDED. Motion carried by a vote of 2-0-0. 3. Temporary Appointment --Young explained that Jim Toth did not seek reelection to the Cemetery Commission. He has, however, agreed to the temporary appointment of Burial Agent for the remainder of FY 11. Lemon MOVED to appoint Jim Toth as temporary Burial Agent for the duration of Fiscal Year 2011. Arguimbau SECONDED. Motion carried by a vote of 2-0-0. 4. Selectboard Reports -- Lemon praised David Young for his most recent grant proposal, which she said was "excellent." This grant application, for MBI last-mile broadband, seeks funding for WIMAX on both towers, upgrades customer equipment, and off-grid solar power pack to provide electricity to remote repeater sites. Arguimbau asked Young to put the issue of unpermitted cabins, tree houses, and trailers in the woods on the agenda for the next meeting. Lemon inquired if Building Inspector Phil Delorey should be present; Young said he would invite him to attend. Young noted that he has emailed the Conservation Commission, Building Inspector, and Town Counsel about the ongoing issue of unpermitted structures. 5. Coordinator Report -- Young said that he is optimistic about the MBI grant. The proposal provides for truly fast broadband for the Library, WCS, and Town Hall. Town Clerk Jeannette Fellows arrived at 7:45 pm. She informed Arguimbau of his re-election and swore him in for this new term of office. She also said that George Roaf was elected to the Cemetery Commission and Chris Ryan was elected to the Board of Assessors. Post-Election Reorganization-- Arguimbau nominated Dawn Magi as Chair of the Selectboard. Lemon seconded the nomination. Arguimbau MOVED that Dawn Magi be Chair of the Selectboard starting with the next meeting. Lemon SECONDED. Motion carried by a vote of 2-0-0. New and Other Business--Young said that there will be a Franklin County Planning Board meeting on May 26th. He also noted that the middle-mile issue has been sent on to the Broadband Committee. Young also mentioned that he has been talking with a resident with an environmental problem that the resident believes to have been caused by a Town culvert draining water into the yard. The water created a wetland, and according to the Conservation Commission, it cannot be altered. The residents have hired a lawyer, so future communication will be directed to their attorney. V. Adjournment Lemon MOVED to adjourn the meeting at 7:55 pm. Arguimbau SECONDED. Motion carried by a vote of 2-0-0. Minutes taken by Rosa Fratangelo Calcari