Town of Warwick Selectboard June 11, 2012 Minutes Members present: Dawn Magi, Nick Arguimbau, Patricia Lemon (arrived at 6:15 pm) Others present: Town Coordinator David Young, Town Secretary Rosa Fratangelo Calcari, Police Chief David Shoemaker, Treasurer and Tax Collector Terry Kemerer, ZBA members Jaylin Dibble, Robert Croke and Miryam Williamson, Kirk and Bernadette Valentine, David Morse, Jon Calcari I. Call to Order Chair Magi called the meeting to order at 6:00 pm in Town Hall. Public Comment Kirk Valentine said that he wanted some clarification from the Board regarding the matter involving a structure in his backyard. He said that Building Inspector Phil Delorey told previously him that he needed direction from the Town but hadn't heard back, and wondered what if any direction Delorey had received. Young said that he had advised Delorey to enforce the Town's zoning by-laws, as the Building Inspector is the zoning enforcement agent. Building Inspector Delorey took the Valentines to housing court to enforce his order to take down the structure they had built without a building permit. Valentine said that the court-ordered mediation required them to show progress on a survey and building permit by the return date of July 13th, and added that the survey plan will be filed prior to that date. Kirk and Bernadette Valentine both said that they were not told to take down the structure, and Kirk Valentine said that he thought he was not required to obtain a building permit for a temporary structure. He also noted that the court mediation had granted a continuance and not ordered the structure to be taken down yet. Kirk Valentine submitted seven Freedom of Information Act requests to Town Coordinator Young. Minutes Arguimbau MOVED to accept the minutes of the April 30, 2012 meeting as printed. Magi SECONDED. Motion CARRIED 2-0-0. IV. Presentations and Discussions 1. Appointments --Arguimbau said that some time ago he had proposed that the Board adopt a practice of having all agencies in Town coming before the Board periodically to give reports, or at least have all boards and committees submit reports from time to time. Arguimbau still favors a policy by which all those who are to be appointed or reappointed come in and talk to the Board informally as a sort of get-to-know-you process. Young said that there are between 80 and 85 people on the current appointment list for FY 13, and that the appointments must be made prior to July 1st. Magi said that she thought it was good to know those who serve the town and likes the idea of a very brief appearance and introduction to the Board. Young said that he felt the better practice would be for Board members to attend meeting of other committees and boards. Magi suggested starting with new appointees who have not served before in a particular position. Lemon arrived at this point in the discussion,, and said that after people agree to serve and have been appointed she regularly encourages them come to a Board meeting and introduce themselves when they can. Police Chief Shoemaker said that it is a good idea for people to know the Board as well as for the Board to know the townspeople. Lemon then suggested an informal gathering rather than a formal meeting as a way to get people together or that, alternatively, Selectboard members could attend committee meetings periodically--particularly when they have new members. . Arguimbau MOVED that before the Board of Selectmen makes appointments that it meet with the person to be appointed on an informal basis and not as a job interview. Magi SECONDED. Lemon added the Friendly Amendment that before a new person is appointed, the prospective appointee and a Selectboard member both attend a meeting of said board or committee. Arguimbau ACCEPTED the Friendly Amendment. Magi said that in the interest of time and to be able to make the FY 13 appointments during this meeting, that the issue should be tabled and revisited at the next meeting. Lemon MOVED to table this motion. Magi SECONDED. Motion to Table CARRIED 3-0-0. 2. Fences and Town Road Right of Way-- Young said that Highway Superintendent Tim Kilhart has an issue with fences and other structures, e.g., mail boxes, etc being built in the town road right-of-way because this can interfere with sight-lines, and operations, and because traffic can damage them; Young pointed out that such structures also violate town easements and deeded rights. The new fence at the corner of Richmond and Athol Roads, at the former Bower's property, has been determined by both the Building Inspector and Town Counsel to be a matter of encroachment on a right-of-way and not a zoning or building issue. Young noted that the Planning Board does not believe this matter to be within its purview, and that there is no zoning with respect to fences less than six feet. Lemon MOVED that whenever a resident is noted to have placed personal property on Town property, easements, or right-of-way that the Town Coordinator will send the owner(s) a letter on the Selectboard's behalf informing them that the Town is not responsible for maintenance or repair, or for Highway Department damage, and that the Town reserves all its rights to said property, easement, or right-of-way. Arguimbau SECONDED. Motion CARRIED 3-0-0. 3. Police Department -- Police Chief Shoemaker said that with the influx of people into Warwick at places such as Laurel Lake, Moore's Pond and Clubhouse Pond, nighttime patrols have increased. He noted a spike in the number of arrests, and said he will continue increased visibility of police presence. The renewal of the Mutual Aid agreement between the Warwick and Winchester, NH Police Departments was discussed. Chief Shoemaker explained that responding officers are under the direction of a local officer and have the same privileges and responsibilities as Massachusetts officers. He said that this agreement is the same as those we have with Northfield and Erving. Lemon MOVED to renew the Mutual Aid Agreement with Winchester, NH. Arguimbau SECONDED. Motion CARRIED 3-0-0. Board Chair Magi and Police Chief Shoemaker signed the agreement. Appointments for FY 13--Young said that the list before each Board member needed two corrections: the deletion of Police Chief Shoemaker, as he is already serving a three-year term which ends in 2014; and the addition of Cody Ross to the Fire Department. Lemon MOVED to approve the FY 13 Appointment List as printed, with the addition of Cody Ross to the Fire Department and the deletion of David Shoemaker because the Police Chief's position is a three-year appointment. Arguimbau SECONDED. Motion CARRIED 3-0-0. The FY 13 Appointment List appears at the end of these minutes. 5. CDBG--Young presented Board Chair Magi with paperwork to sign to complete the close-out of the final FY 09 close out report. After she had signed off on the report, Young said that the Housing Authority is willing to write another grant proposal for Warwick. He said that we would first have to update our Community Development Plan and project List. He said that Housing Authority Director Robin Sherman wants to come before the Board to explain the changes to the definition of program income, and to provide some details and options regarding a desired contract to administer the Town's program income portfolio for continued housing rehab. The Board asked Young to invite the Director Sherman to a future meeting. 6. Special Municipal Employee Designations and MGL 268S20d Exemptions--Young explained that Helen Whipple had agreed to serve as an acting Board of Health agent on an interim basis. He recommended that the Board designate this position and that of Crockery Committee member as "special municipal employee", and grant her the MGL 268:20d ethics exemption granted to those who hold more than one position in Town. Young recommended doing the same for Police Chief David Shoemaker, who was recently elected to the Cemetery Commission. Lemon MOVED to declare the positions of Health Agent and Crockery Committee member as Special Municipal Employee. Arguimbau SECONDED. Motion CARRIED 3-0-0. Lemon MOVED that Helen Whipple be granted a MGL 268S20d exemption. Arguimbau SECONDED. Motion CARRIED 3-0-0. Lemon MOVED to declare the positions of Cemetery Commissioner and Police Chief as Special Municipal Employee, and to grant David Shoemaker a MGL 268S20 d exemption. Arguimbau SECONDED. Motion CARRIED 3-0-0. 7. Accounting-- Young said that the unemployment insurance account is currently in deficit. Lemon MOVED to transfer $1,685.00 from the Liability and Workers Comp. budget line item to Unemployment Insurance line item. Arguimbau SECONDED. Motion CARRIED 3-0-0. Treasurer--Young said that Treasurer Terry Kemerer had declared his intention to retire from the position by July 1st, and the position had been advertised and posted per legal requirements, yielding five applications to date. Board Chair Magi and Coordinator Young will meet to choose two or three candidates to bring before the Selectboard for formal interviews. Elevator Bill--Young said that Town Counsel has recommended that the previously contested bill from Bay State Elevator be paid. The $395.00 bill is on the current warrant to be paid if the Board votes to do so. Lemon MOVED that $395.00 be paid to Bay State Elevator for the contested bill referred to in Attorney Curtis's letter of May 21, 2012. Arguimbau SECONDED. Motion CARRIED 3-0-0. Forest Legacy Conservation Restriction(CR) Contract--Young said that he has yet to receive the CR contracts for the Jay and Manring properties. Appraisals must be completed in order for the CR contracts to move forward. Lemon MOVED to discontinue maintenance of Tully Brook Road in its entirety. Arguimbau SECONDED. Motion CARRIED 3-0-0. MEMA Storm Damage Contracts--Young said that the Town has received $13,000.00 from MEMA as reimbursement for snow and ice expenses incurred in the October 2011 snow storm. He said that he and Highway Superintendent Tim Kilhart will keep on top of the situation until the remaining reimbursements for debris removal, that are expected to add up to almost $10,000.00, are processed. ZBA--Members of the ZBA were present to get some clarification regarding the Silva and Valentine matters. Young said that the Silva application for a special permit for a temporary living facility on Royalston Road was received today. Mr. Silva must be granted a special permit in order to be allowed to stay on the premises for more than fourteen days in a year. Miryam Williamson said that the ZBA met last week and considered how to proceed on the Valentine variance, but was reluctant to act without further information on the pending court case. Jaylin Dibble asked if the ZBA should hold a hearing. Young replied that he and Building Inspector Delorey both favor a hearing, as the court case has nothing to do with a right-of-way issue. He pointed out that the court proceedings were to enforce Delorey's order that they take down the structure they built without a permit. Young said that both he and Delorey feel it is in the best interest of the Town for the ZBA to hear the Valentine's request for a variance and act based on the testimony given and on the criteria in the law and in the Town's by-laws. Young noted that if the ZBA grants the variance, then there will be no need for a court case and the Valentines can obtain the necessary permit. Young reiterated that the Town has no interests in right-of-way. There was a consensus of ZBA members that they had received adequate information to proceed. Selectboard Reports--Lemon began a discussion of possible cell service from Vanu, Inc. in town. Young mentioned the purchase of a device from Sprint, Verizon, or AT&T which will allow those with broadband to also get cell service. Magi said that she is stepping down from the 250th Anniversary Planning Committee, and said that David Young has volunteered to take her place. She said that she will assist as she is able. Gregori Brodski has designed a commemorative medal which Magi said could be used as a fundraiser. Arguimbau said that in the near future he would like to see a report on the committee's progress. IV.Adjournment At 7:51 pm, Lemon MOVED to adjourn the meeting. Arguimbau SECONDED. Motion CARRIED 3-0-0. Minutes taken by Rosa Fratangelo Calcari TOWN OF WARWICK Selectboard Appointments FY 2013 Appointment Start Date Appointment End Date ADA COORDINATOR J. David Young 7/1/12 6/30/13 *this is part of the TOWN COORDINATOR job description; his appointment is until 6/30/14 BROADBAND COMMITTEE Reva Reck 7/1/12 6/30/13 Miryam Williamson 7/1/12 6/30/13 Scott Seago 7/1/12 6/30/13 BUILDINGS & ENERGY COMMITTEE Jack Cadwell 7/1/12 6/30/15 Matthew Sheldon 7/1/12 6/30/15 Vacancy BUILDING INSPECTORS Phil Delorey, Building Inspector 7/1/12 6/30/13 Bill Johnston, Wiring Inspector 7/1/12 6/30/13 John Dolan, Gas Inspector 7/1/12 6/30/13 Gerald Brousseau, Plumbing Inspector 7/1/12 6/30/13 BURIAL AGENT Miguel Torres 7/1/12 6/30/13 CARETAKER OF TOWN CLOCK George Day 7/1/12 6/30/13 CARETAKER OF TOWN FLAGS Barbara Walker 7/1/12 6/30/13 CONSERVATION COMMISSION Kasey Rolih 7/1/12 6/30/15 Grigori Brodski 7/1/12 6/30/15 COUNCIL ON AGING Ann Miner 7/1/12 6/30/15 Elizabeth Lochhead 7/1/12 6/30/15 Vacancy CROCKERY COMMITTEE Maria Whitney 7/1/12 6/30/13 Helen Whipple 7/1/12 6/30/13 Patricia Ernest 7/1/12 6/30/13 Tillie Hager 7/1/12 6/30/13 CULTURAL COUNCIL Debra Paulson 7/1/12 6/30/15 Suzanne Renna 7/1/12 6/30/15 Martha Kitchen 7/1/12 6/30/15 Nancy Kilhart 7/1/12 6/30/15 CUSTODIAN Ray Lemek 7/1/12 6/30/15 EMERGENCY MANAGEMENT DIRECTOR James Erviti 7/1/12 6/30/13 ENUMERATOR A. George Day 7/1/12 6/30/13 FIELD DRIVER Amy Person 7/1/12 6/30/13 FIRE CHIEF Ron Gates 7/1/12 6/30/13 FIRE DEPARTMENT 7/1/12 6/30/13 Roland Weld Brad Matthews Jamie Matthews Bill Lyman Tim Kilhart Mike Mankowsky Ed Matthews Brent Walker Adam Holloway Brian Miner Gunnar Lambert Joe Paul Ryan Lambert Zach Marti Nadia Marti Joey Larson Rawley Hubbard Cody Ross FORESTRY COMMITTEE Chris Duerring 7/1/12 6/30/13 Todd Weed 7/1/12 6/30/13 Rod Whipple 7/1/12 6/30/13 Keith Ross 7/1/12 6/30/13 Mary Williamson (alternate) 7/1/12 6/30/13 FCSWD REPRESENTATIVE Julie Hubbard 7/1/12 6/30/13 Claudia Lewis, alternate 7/1/12 6/30/13 FRCOG TRANSPORTATION COMMITTEE REPRESENTATIVE Patricia Lemon 7/1/12 6/30/13 FRANKLIN REGIONAL PLANING BOARD REPRESENTATIVE Ted Cady - Planning Board 7/1/12 6/30/13 Nicholas Arguimbau - Selectboard 7/1/12 6/30/13 FRANKLIN REGIONAL COUNCIL REPRESENTATIVE Dawn Magi 7/1/12 6/30/13 HISTORICAL COMMISSION Ed Lemon 7/1/12 6/30/15 MEMORIAL DAY COMMITTEE Frederick Abbott 7/1/12 6/30/13 Charlie Brown 7/1/12 6/30/13 Robert Day 7/1/12 6/30/13 Arline Lincoln 7/1/12 6/30/13 Barbara Walker 7/1/12 6/30/13 MOORE's POND BEACH ADVISORY COMMITTEE David Shepardson 7/1/12 6/30/15 Kathy Tuttle Connelly 7/1/12 6/30/15 OLD HOME DAYS COMMITTEE Larry Carey 7/1/12 6/30/13 Colleen Paul 7/1/12 6/30/13 OPEN SPACE COMMITTEE Mary Williamson 7/1/12 6/30/15 Keith Ross 7/1/12 6/30/15 A. George Day 7/1/12 6/30/15 PERSONNEL COMMITTEE Martha Morse 7/1/12 6/30/13 A. George Day 7/1/12 6/30/13 Arline Lincoln 7/1/12 6/30/13 POLICE DEPARTMENT . James Erviti 7/1/12 6/30/13 Brian Gale 7/1/12 6/30/13 Bruce Kilhart 7/1/12 6/30/13 Dan Kimball 7/1/12 6/30/13 Robert Mallette 7/1/12 6/30/13 Joseph Powling 7/1/12 6/30/13 John Stewart 7/1/12 6/30/13 RECREATION COMMITTEE Erica Cooke 7/1/12 6/30/13 Jessica Foote 7/1/12 6/30/13 Colin Killay 7/1/12 6/30/13 RECYCLING COORDINATOR Julie Hubbard 7/1/12 6/30/13 REGISTRARS OF VOTERS Virginia Fellows (U) 7/1/12 6/30/13 TOWN COUNSEL Ferdinand Dupere 7/1/12 6/30/13 VETERAN'S AGENT James Erviti 7/1/12 6/30/13 VETERAN'S GRAVE AGENT Frederick Abbott 7/1/12 6/30/13 VETERAN'S MONUMENT COMMITTEE Frederick Abbott 7/1/12 6/30/13 Barbara Walker 7/1/12 6/30/13 Charlie Brown 7/1/12 6/30/13 Robert Day 7/1/12 6/30/13 ZONING BOARD OF APPEALS Jaylin Dibble 7/1/12 6/30/17