Town of Warwick Selectboard July 22, 2013 Minutes Members present: Dawn Magi, Nick Arguimbau, Patricia Lemon (arrived at 6:08 pm) Others present: Town Coordinator David Young, Town Secretary Rosa Fratangelo Calcari, Board of Health and Moore's Pond Beach Committee member Kathy Connelly, Gloria Varno, Barbara Noel, Patricia and Gary Bellemare, Police Chief David Shoemaker, Highway Superintendent Tim Kilhart, Robert Hubbard, Jr., Julie Hubbard, Gail McCall, Sherry Tatro, Jon Calcari, Paula Lundgren Robinson (Athol Daily News) I. Call to Order Chair Magi called the meeting to order at 6:00 pm in Town Hall. Public Comment None. Minutes Arguimbau MOVED to accept the minutes of July 8, 2013 as printed. Magi SECONDED. Motion CARRIED 2-0-0. IV. Presentations and Discussions 1. Corrections to FY 14 Appointments --The Board had voted the FY 14 slate of appointments at the June 24, 2013 meeting. However, Town Clerk review revealed some errors and omissions in the original list, compiled by Town Secretary Rosa Fratangelo Calcari, which require corrections tonight. Young pointed out that appointments for the Personnel Committee and Registrar of Voters are three-year terms, so one year appointments previously voted need to be rescinded as the appointments are already in force. Arguimbau MOVED to appoint Ann Kendall to the Conservation Commission for a term ending June 30, 2016; Kasey Rolih and Kerry Stone to the Cultural Council to terms ending June 30, 2016; Barbara Walker to the Historical Commission for a term ending June 30, 2016; Beth Gilgun as Treasurer for a term ending June 30, 2016; A. George Day as a Registrar of Voters for a term ending June 30, 2016; and to rescind the appointments of Dan Dibble to the Cultural Council, all Personnel Committee appointments, and Virginia Fellows as Registrar of Voters. Magi SECONDED. Motion CARRIED 2-0-0. 2. Canada Geese Control at Moore's Pond --Magi said that she had received a packet of information from the Athol Board of Health regarding Canada Geese control. She said that anything to be done would have to wait until next year. She had an application for a permit from Massachusetts Division of Fisheries and Wildlife to have someone addle or oil the eggs. Young noted that a federal permit is also required, and explained that addling eggs involves shaking them to make them unviable. Magi said that the cost of addling or oiling the eggs would be about $500.00, or $40.00 an hour for an estimated nine nests and forty-nine eggs. She said that because this is a localized problem she was unsure whether it would be appropriate for the Town to fund the project of making the goose eggs unviable. Young said that in the absence of a neighborhood association, an application from the Town would carry more weight than one from an individual. Magi said that the most important single thing is not to feed the geese. She noted that the sign at Moore's Pond beach is not very noticeable. She wanted better and more visible signage that makes it quite clear that everyone should refrain from feeding the geese. Young will try to identify appropriate signage and the funding source for the signs. Jon Calcari suggested Lyman signs in Phillipston for reasonably priced custom signs. Kathy Connelly said that there is a sign about not feeding the geese on the kiosk at the beach, but that there are no signs on the beach itself. Gloria Varno suggested that the Board send a formal letter to all residents in the vicinity of Moore's Pond instructing them not to feed any of the geese. Young will draft this letter. Barbara Noel noted that the suggestion of using grape Kool Aid to repel the geese had had no effect, and it has burned the grass. She said that the situation has not improved. Connelly said that the geese are trying to fly now and are getting off the water. 3. Air Conditioners to Loan--Lemon said that she received a call last week from a resident concerned about a neighbor returning home from medical treatment to a very hot house, and wanted to know if there was an air conditioner available to loan to the neighbor. Young said that he lent one of his to the resident, and that he knows of two more if anyone is in need of one. He noted that the cooling station at Town Hall was not used at all during the most recent heat wave. Lemon wanted to know if the Town could obtain some useable air conditioners to have on hand in case someone in town needs to borrow one. Young was not in favor of loaning an air conditioner from Town buildings to supply a resident. There was a consensus of the Board that Young will identify and locate useable air conditioners for use by residents who need them in an emergency. 4. Commonwealth MassWorks Grant--Young said that he had discussed the grant with Highway Superintendent Tim Kilhart, and that he recommends Kilhart's request for authorization to apply for and accept a Commonwealth MassWorks grant to improve drainage and upgrade a portion of Winchester Road from the Mountain Brook crossing to the New Hampshire state line. Lemon MOVED to authorize David Young and Tim Kilhart to apply for and accept Commonwealth MassWorks grant to upgrade Winchester Road from Mountain Brook crossing to the New Hampshire state line. Arguimbau SECONDED. Motion CARRIED 3-0-0. 5. MEMA/FEMA February 8-9, 2013 Blizzard Reimbursement Grant--Young said that this grant is for a 75% reimbursement for overtime, equipment use andmaterials for clean-up from the blizzard, which received a federal disasterdesignation. Lemon MOVED to authorize David Young to apply for and accept on behalf of the Town the MEMA/FEMA February 8-9, 2013 blizzard reimbursement grant. Arguimbau SECONDED. Motion CARRIED 3-0-0. 6. Selectboard Reports--There were no reports given at this meeting. 7. Highway Department--This discussion was precipitated by a complaint from Robert Hubbard, Jr. regarding the extensive ditches near his home on Hastings Heights Road. Magi said that there were three huge holes on Hastings Heights Road on either side of the Hubbard's driveway. She noted that there were no guardrails and no signage warning of hazards. Highway Superintendent Tim Kilhart said that there are issues with culverts like this on many of the roads all over town. He said that it is the responsibility of the property owner and not of the Town to maintain culverts that goes under a driveway. He noted that culverts provide a constant flow of water, and to interrupt the flow will cause more problems on the roads. Noel asked if there could be warning signs placed for the ditch. Kilhart responded that he could put up reflective signs at an approximate cost of $25.00 each. R. Hubbard said that the snow plows knock down four foot signs on Athol Road and felt that the signs to which Kilhart referred only seemed to be a temporary fix. Kilhart noted that there are 485 culverts in town, and that it could take three hundred signs at $25.00 a piece which totals $9,000.00. He explained that the holes around culverts are from maintenance done in order to keep the water off the roads. Julie Hubbard said that the culvert directly across from their driveway was once filled in by then Highway Superintendent Ken Harwood, and that there used to be a "No Shoulder" sign near the bottom of the hill. The discussion was suspended in order to convene the nuisance dog hearing scheduled for 6:30 pm. 8. Nuisance Dog Hearing--Magi opened the hearing at 6:36 pm. The hearing was requested by Bertrand Ballou and Gail McCall of 707 Orange Road against the dog "Hemi" belonging to Sherry Tatro of 677 Orange Road. A comprehensive written report from the Animal Control Officer had been provided to the Board, Town Coordinator and Police Chief last week. When she first arrived at the meeting, Gail McCall said that Bert Ballou was unable to attend due to a health issue. McCall said that all they are requesting is that Sherry Tatro keeps her dog home. When asked if there had been any further incidents of the dog on her property, Ms. McCall said that she has noticed signs of digging under the hutch where her young chickens are housed, but admitted that she can't be sure whether or not it was a dog that had made the marks. She said that she knows that the Tatro dog killed a rooster last year. Police Chief Shoemaker said that he had picked up the dog from the Ballou property in the past, and at that time he had asked Ms. McCall if she was certain that this dog had killed the rooster. He said that Ms. McCall had told him that she was "pretty sure" but was not certain and could not prove it. Dog owner Sherry Tatro said that she uses the trolley cable run every time "Hemi" is outside, and that the cable reaches to the door so that he is hitched up prior to going out the door. She offered to show pictures of the dog on his run. Young suggested that, on the dog owner's representation and the complainant's not being sure that her rooster had been killed by this dog, the hearing be continued until Tuesday, September 3 at 6:30 pm. Lemon MOVED to continue this hearing until September 3, 2013 at 6:30 pm on the assumption that the dog's owner has taken steps, the ACO has inspected the situation and determined that it should be under control right now. Arguimbau would not second, as he wished to make a different motion. Lemon WITHDREW her motion. Arguimbau MOVED to order the maintenance of the control and restraint of the dog by trolley cable tie-out that is already in place and that nothing be done unless complaints of the dog being confirmed loose again, and continue the hearing until September 3, 2013 at 6:30 pm to see if the present control measures are still working and compliance is upheld. Lemon SECONDED. Motion CARRIED 3-0-0. As she got up to leave, McCall said that she had "a message from Bert that if the dog comes back again he will take her to court". She also said that Ballou had "said this would be a waste of time." 9. Highway Department Discussion Continued--Magi said that some markers should be put by the Hubbard's. Kilart said that he would put three delineators up there ASAP; he would install them tomorrow if possible. R. Hubbard said that road projects should be thorough, complete, as well as be done properly with all necessary work budgeted accordingly. Arguimbau inquired whether Hubbard perceived this for his location or all over town; Hubbard replied all over town. J. Hubbard said that this is a tricky location where the road is not wide but is one of the major roads in and out of town and sees a lot of traffic. She noted that the hill is a particular hazard in the winter. Kilhart explained that during the current paving project Hastings Heights Road is being repaved and re-pitched with a new crown in the road to allow water to drain off to either side. He said that the culvert will see more water once the project is completed later this week. Arguimbau said that he saw sufficient reason to put up delineators but not for an outlay of town funds. Kilhart said that he was confident that Chief Shoemaker would continue to inform him of any road hazards, and he would reevaluate any situation as it arises. Magi said that the delineators would be good for now, and the issue can be revisited if more problems arise. 10. Coordinator Report--Young gave each Board member the current Standard Operating Guidelines for the Fire Department. He noted that these are much improved. Young said that Ann Miner and Janet Alden have both resigned as Library Trustees after many years of service. He said that the Trustees have recommended appointing Elaine Reardon to finish out Alden's term, and have yet to recommend someone to complete Miner's term. There was a consensus of the Board to wait until the Library Trustees have recommendations for both positions to make the appointment vote. Young said that there has been no product and no invoice from Ernest Horn regarding his evaluation of the Fire Department. He noted that he encumbered about $900.00 of unexpended funds from the Selectboard expense line item to lessen the amount that will be taken from the Maryann Hastings Fund to pay for the Fire Department review. Lemon said that she believed Mr. Horn wanted to complete his work by the end of July. V. Adjournment At 7:10 pm, Lemon MOVED to adjourn the meeting. Arguimbau SECONDED. Motion CARRIED 3-0-0. Minutes taken by Rosa Fratangelo Calcari