Town of Warwick Selectboard July 26, 2010 Minutes Members present: Dawn Magi, Patricia Lemon, Nick Arguimbau Others present: Town Coordinator David Young, Town Secretary Rosa Fratangelo Calcari, Steve Ruggiero, Highway Department employee Vincent Perkins, Linda Perkins, Paul Schneider (Verizon), Lee Chauvette (Democratic candidate for State Representative), Jon Calcari, Nancy Kilhart, Jared Robinson (Athol Daily News) I. Call to Order Chair Arguimbau called the meeting to order at 6:00 p.m. in the Town Hall. II. Public Comment Vincent Perkins requested an executive session with the Selectboard regarding concerns with the Highway Department. Linda Perkins said it would take an hour and a half to discuss their issues. Young said that he needed to know the basis for holding an executive session, as there are requirements which must be met. Town Counsel will review the basis to determine whether the reason for holding an executive session is legal. Young left the meeting at 6:07 pm with Vincent and Linda Perkins to discuss the matter further. Magi gave Young the list of conditions for an executive session. III. Minutes Lemon asked for the following changes to paragraphs on the top of pages 2 and 4 of the Draft minutes. Magi MOVED to accept the minutes of July 12 with Patricia Lemon's corrections. Lemon SECONDED. Motion carried by a vote of 3-0-0. IV. Presentations and Discussions 1. Electrical Inspection Revolving Account -- Young explained that because more electrical inspections were anticipated, the fund needed to be increased. The account is funded by inspection fees, which are in turn paid to the inspector. The amount paid out equals the amount paid in. Magi MOVED to raise the limit of FY 11 Electrical Inspection revolving fund from $2,000.00 to $4,000.00. Lemon SECONDED. Motion carried by a vote of 3-0-0. 2. Special Municipal Employee Designation and MGL 268A:20(d) Exemption -- Young returned to the meeting at 6:19 pm. He said that this vote would allow Police Chief Brian Peters, an electrician by trade, to work on Town projects, as well as allowing Moderator Miryam Williamson to hold her volunteer positions on the ZBA and Broadband Committee. Young said that this vote is exactly the same principle as the July 12 vote for William Lyman. Arguimbau was concerned that there could be a conflict of interest, and will consult with Town Counsel for clarification. Magi MOVED to declare as Special Employee the positions of: Police Chief, Police Officer, Moderator, Broadband Committee member, and Zoning Board of Appeals member and to approve granting MGL Chapter 268A Section 20D exemptions to Brian Peters so that he may act as an electrical contractor to the Town and to Miryam Williamson so she may hold more than one position in Town. Lemon SECONDED. Motion carried by a vote of 2-1-0: Magi and Lemon - Aye; Arguimbau - Nay Chapter 90 Project - Moore's Pond Box Culvert -- Arguimbau asked Young about the issue brought up during Public Comment. Young said that he suggested to Vincent Perkins that he file a grievance to be heard by the Selectboard. Young will meet with Vincent and Linda Perkins tomorrow, and advise the Chair if an executive session needs to be put on an upcoming agenda. Young explained that there had been a change in Highway Superintendent Tim Kilhart's plans for the Moore's Pond box culvert, which needs attention. Kilhart asked Young to advertise the project in the Central Register, which allows the project to be advertised statewide. Estimated cost is between 55 and 60 thousand dollars. Because the Selectboard had not previously seen this proposal, authorization by the Board was being sought. Lemon MOVED to authorize Highway Department to bid the proposed Chapter 90 Moore's Pond Box Culvert Project. Magi SECONDED. Motion carried by a vote of 3-0-0. Arguimbau opened the Northfield Road Pole Hearing at 6:30 pm. There was a petition before the Board from Verizon to place one stub pole on Northfield Road to hold a guide wire. Paul Schneider from Verizon explained that the pole will be placed across the road from an existing pole that is currently leaning back towards the woods, to pull that pole back into proper position. He noted that the pole referred to in the petition as Pole 8S should read Pole 18S. He also confirmed that no trees or tree limbs will be cut. Lemon inquired as to the priority of this project, mentioning the Gale Road project approved in 2009 has yet to be completed. Schneider said that he checked Gale Road before coming to the meeting. He said that he will consult with his supervisor tomorrow about Gale Road. Arguimbau suggested the addition of a sunset clause that would require completion of a project by the end of the following construction season or else the utility company would have to reapply. Young said that would add to the workload of the Verizon representative, the Board, and himself. Arguimbau then suggested a general statement that the applicant will make a good faith effort to complete the project by the end of this year's construction season. Schneider explained that the poles, which are jointly owned with National Grid, are set by Verizon, with each utility company handling their own wires. Steve Ruggiero suggested that project be completed in the order of approval. Schneider offered to give the telephone number of someone in Public Relations; Lemon will contact Schneider tomorrow. The Pole Hearing was closed at 6:47 pm. Lemon MOVED to accept the proposal as presented tonight for a stub pole on Northfield Road. Magi SECONDED. Motion carried by a vote of 3-0-0. 4. Execute Borrowing Documents -- Young explained the three borrowing documents before the Board: a Broadband equipment loan for $30,000.00; $40,000.00 for new one-ton Ford F-550 Highway truck; Chapter 90 Highway $41,000.00. The Selectboard executed the borrowing documents. 5. Field Driver/ACO Report -- Young said he learned that the Town Clerk had heard from Gerald Whitney that he declined to be sworn in and declined reappointment as Field Driver. The position is now vacant. Young said that the position can be kept or retired. Historically the tradition was that the most recently married man would serve the Field Driver. Ruggiero suggested that a list of volunteers be compiled, so that people with the equipment to capture large animals and the facilities to hold them if they are not immediately claimed. They could be called by the ACO or Police if they receive reports of loose livestock. Arguimbau thanked Chief Peters for his report. After looking at the report, there was a consensus of the Board that no further action was needed. Lemon MOVED to have in the minutes a statement of gratitude to Chief Peters for his report, and for the cooperation of ACO Calcari. Magi SECONDED. Motion carried by a vote of 3-0-0. Selectboard Reports -- Magi reported that she had attended the FRCOG quarterly meeting. New officers and their towns are: Council Chair: Pat Allen, Montague Council Vice Chair: Michelle Giarusso, Leyden Council Secretary: Sam Lovejoy, Franklin Regional Planning Board Representative Executive Committee Appointment: John Paciorek, Deerfield Executive Committee Appointment: Mayor Bill Martin, Greenfield Magi also mentioned a regional conference being held on September 2nd and a municipal survey available on the FRCOG website which the Board members are asked to complete. She said that FRCOG meetings are to be posted in all towns. Magi announced that there will be a meeting on August 10th at 1450 Main Street in Springfield from 4 pm to 7 pm to offer suggestions to the Attorney General about the new Open Meeting laws. The development of a flood plan was briefly discussed. Arguimbau said that the Selectboard had a delightful time on the pony cart ride contributed by Don and Ken Hubbard at the North Orange Bicentennial celebration on July 24th. 7. Town Coordinator Report -- Young said that he had hired Brian Miner to restore the plastic vapor barrier and pea stone around the perimeter of Town Hall. The stone is left over from a paving project. Lemon asked if there had been any progress on the Cooling Station; Young replied that there has not been any progress yet, but he and Council on Aging Chair Carol Foote will discuss it with the Buildings and Energy Committee and report back to the Board at a future meeting. 8. New and Other Business -- Lee Chauvette, a Democratic candidate for the State Representative seat being vacated by Chris Donelan, said he has been going around all the towns in the district and sitting in on a various municipal meetings. He thanked the Board for allowing him to visit. V. Adjournment At 7:17 pm, Lemon MOVED to adjourn the meeting. Magi SECONDED. Motion carried by a vote of 3-0-0. Minutes taken by Rosa Fratangelo Calcari