Town of Warwick Selectboard August 19, 2013 Minutes Members present: Dawn Magi, Nick Arguimbau, Patricia Lemon (arrived at 6:07 pm) Others present: Town Coordinator David Young, Town Secretary Rosa Fratangelo Calcari, Highway Superintendent Tim Kilhart, Ernest Horn, Deputy Fire Chief Roland Weld, retired Fire Chief Gunnar Lambert, Firefighters Joe Paul, Mike Mankowsky, Jamie Matthews, Bill Lyman, Adam Holloway, Joe Larson, Rawley Hubbard, Cody Ross, Ryan Lambert, Brian Miner (arrived at 7:18pm); Fire Chief Ron Gates (arrived at 6:54pm), Retired Turners Falls Fire Chief Ray Godin, Robin Whitney, Bruce Kilhart, Jon Calcari, Paula Lundgren Robinson (Athol Daily News), David Rainville (Greenfield Recorder) 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 approve the minutes of August 5, 2013 as printed. Magi SECONDED. Motion CARRIED 2-0-0. IV. Presentations and Discussions 1. Certificate of Vote Authorization for MassWorks Grant Application --Young explained that the Board had previously voted to authorize the application to MassWorks for a highway grant, and that Patricia Lemon, as Selectboard Clerk, needed to sign a document confirming the vote for inclusion in the grant proposal. He said that he would ask Lemon to sign the document after she arrived at the meeting. 2. Household Hazardous Waste Day MOU with Solid Waste District --Young said that the Transfer Station Commissioners recommend that the Board sign, on behalf of the Town, an MOU by and between the Franklin County Solid Waste Management District (FCSWMD) and the Town of Warwick. The MOU, in the amount of $500.00, is for the upcoming household hazardous waste collection event on September 21, 2013. Magi MOVED to approve the signing of the MOU By and Between the Franklin County Solid Waste Management District and the Town of Warwick in the amount of $500.00. Arguimbau SECONDED. Motion CARRIED 2-0-0. Magi signed the agreement as Board Chair. 3. Vacancy, Franklin County Solid Waste Management District Representative--Young explained that he had tried to talk each one of the Transfer Station Commissioners into being the Town's representative to FCSWMD. He recommended that the Board appoint the Chair of the Transfer Station Commissioners, or his designee, as our representative. He said that at their last meeting, the Commissioners decided to ask the Selectboard that they be allowed to share the appointment. Arguimbau MOVED to appoint the Transfer Station Commissioners Chairman or his designee as our representative to the Solid Waste Management District. Magi SECONDED. Motion CARRIED 2-0-0. 4. Geese Control on Moores Pond--Young said that the "Do Not Feed Wildlife" signs had arrived and would be installed at the beach soon. Magi noted that since the Noels and Bellemares installed electric fencing, the geese have moved across the road to the duplex. Arguimbau said that he did not want any action on the removal of geese or addling of eggs without further discussion. 5. Cell Phone Service--Young said that he spoke with someone at CoverageCo/vanu.com about implementing their cell phone infrastructure here in Warwick. He noted that their test in Vermont went well, and that he will continue to work towards securing cell phone service in Town. 6. Highway Department--Young noted that one of the delineators placed near the drainage ditch on Hastings heights by the Highway Department has already been stolen. Young recommended going with the Highway Superintendent's expertise in handling the situation. Tim Kilhart said that he had placed three delineators as he had told the Selectboard he would, and that he intended to continue to monitor the situation. Kilhart said that he spoke with Police Chief Shoemaker, who checked and did not find any record of accidents in recent history. Prompted by a petition and about the dust on Old Winchester Road and the accompanying photos from April of this year, Kilhart spoke about the memo he sent the Selectboard on August 9, 2013 regarding his talks with All State Asphalt about the possibility of spraying dirt roads with calcium chloride. Kilhart explained that All State Asphalt requires 48 hours notice to spray the roads, and that they prefer to have a five mile length of road to spray per application. Kilhart noted that the roads must be freshly graded and sprayed within two or three days while the dirt is still loose. He said that the estimated cost of calcium chloride, based on the current price of $1.12 per gallon, would be $1,680.00 per mile. He said the estimated 1,500 gallons per mile to cover 2.83 miles of Old Winchester and Robbins Roads would cost $4,754.70 per application. He added that to treat all of the 15.76 miles of dirt roads in Town would cost $26,476.80 per application. He also said the cost to pave Old Winchester Road, due to the need for underground drainage, would be well over 1,000,000.00. Lemon said that she had spoken to an area resident who had expressed concern about the components of the road dust. Kilhart explained that there is no construction debris in the road material, but rather bricks, concrete, old asphalt and virgin bank run gravel run through a crusher with a built-in metal detector. Joe Paul said that last spring when the dust was at its worst, it would linger for ten minutes after a car went by. Kilhart pointed out that he does not have the funds in his FY 14 budget to cover any calcium chloride treatment of dirt roads. Young said that the Town can apply the material and assess the property owners along the road, but those who signed the petition made it clear that they did not want that. An Annual Town Meeting vote could appropriate the necessary funds. Kilhart pointed out that calcium chloride provides dust control but is not a dust eliminator. He also said that residents can spread their own calcium chloride at their personal expense. Lemon MOVED to put this on the warrant for the 2014 Annual Town Meeting and let the Town decide. Arguimbau suggested tabling the motion and instead allow the property owners to make a suitable offer to the Town of what they would be willing to pay. Lemon agreed to TABLE THE MOTION. Arguimbau MOVED to give the affected residents two months time to make an offer to the Town. Lemon SECONDED. Motion CARRIED 3-0-0. Lemon wanted a copy of Kilhart's memo regarding the cost of calcium chloride application sent to all area residents. Lastly, Kilhart addressed the older of the big highway trucks, a 2000 IHC dump truck, which is currently at a welding shop for repairs to the frame. He noted that this was a short-term repair, and that the truck would have to be replaced soon. Kilhart said that the replacement truck's cab and chassis can be paid for with Chapter 90 funds at an approximate cost of $130,000.00, which would leave about $30,000.00 to be appropriated by the Town. Young said that with about $250,000.00 in available Chapter 90 funds, the replacement cab and chassis would take just over half of that. Young recommended that Kilhart develop a Chapter 90 proposal for the purchase of a new dump truck. 7. Dog Fee Schedule-- Animal Control Officer Rosa Fratangelo Calcari explained that the reason for the proposed increase in fees is to provide better incentive for dog owners to be more vigilant in keeping their dogs from running loose. Magi said that the daily boarding fee should be changed from the proposed $5.00 to $10.00 to conform with most towns; Fratangelo Calcari said that her focus was on the fees paid to the town rather than to her, and that the issue of loose dogs presents safety issues for dogs and people in town. Lemon MOVED to accept the fee schedule with one change, that the daily boarding fee be raised to $10.00, all effective September 1, 2013. Arguimbau SECONDED. Motion CARRIED 3-0-0. The new fee schedule will be as follows: Loose Dog fee will be $50.00 for a first offense; $75.00 for a second and $100.00 for third and subsequent offenses; new additional fees will be assessed in the amount of $20.00 if the loose dog is unlicensed and $20.00 if the dog is unvaccinated against rabies; the Pick-Up fee will be $15.00 and the Boarding Fee will be $10.00 per day. There will also be a $10.00 late fee for dogs licensed after May 31st each year; the dog must have been at least 6 months of age and been living in Warwick during the open license period of March 1 - My 31 of that year to be assessed a late fee on the dog license. This fee is per license, kennel licenses included. 8. Amendments to Scenic Roads Cutting Policy--Young said that the Planning Board had recommended changes to the scenic roads cutting policy which would promote accountability and the adoption of current practices to reduce confusion when hazard trees are cut as part of other cutting. Kilhart said that both he and Tree warden Dana Songer had approved the amendments as written. Lemon MOVED to accept the four amendments to the Scenic Roads Cutting Policy. Arguimbau SECONDED. Motion CARRIED 3-0-0. 9. Warwick Fire Department--Bill Lyman said that Chief Gates was indisposed due to an important Fire Chief duty. Young said that the FRCOG fire services survey was on the August 5th agenda, and the Chief or a Selectboard member was to fill out the survey. Young noted that the survey deadline had passed. Young said that Fire Chief Ron Gates has declared that the fire fighters are not subject to the Town's Personnel Policy. Magi read aloud a portion of the policy which states that all those employed by the Town who are not elected are subject to the Personnel Policy. Young said that under Mass General Law anyone, paid or unpaid, is considered a town employee. Consultant Ernest Horn said that he ahs not read the Town's personnel policy, but if it was adopted by the Selectboard and is not an actual by-law, it applies only to those appointed by the Selectboard. As this is the case, Chief Gates is subject to the personnel policy, but everyone else in the Fire Department is not because they are appointed by the Strong Chief who also disciplines and fires. Mr. Horn explained that if the personnel policy were to be a voted by-law, then the policy would apply to all. Adam Holloway asked if it bothered anyone that there is no policy to handle issues, discrepancies and grievances within the department. The consensus was that this was bothersome. Lemon MOVED that Chief Gates be asked to set up a grievance procedure. Lemon WITHDREW the motion when Horn said that he would be discussing this in his report. Consultant's report on WFD--Consultant Ernest Horn had provided ten hard copies of his report earlier in the evening. He said that he would go over everything, and would return at a later date after everyone had the chance to read his report. He will also send Young the report in PDF for posting to the town website. Horn began by saying that he was very impressed with Deputy Chief Weld's ability to maintain the equipment. He said we have very old equipment that is in incredibly good shape for its age. Horn said that there needs to be a better relationship between Young and Chief Gates. He said that Young should work together with the Chief, as he is part-time, has no administrative support staff and cannot be present all the time. Horn said that the Fire Chief base pay is about $1,000.00 a year, so he needs to work elsewhere to support his family. Horn noted that it is not reasonable to hold our Fire Chief to the standards of a full-time chief. Chief Gates arrived at 6:54pm. Horn described Gates' management style as at times participative and at other times autocratic, and that he needs to strike a balance between the two. Horn said that he found no flaws with the Chief's management style, and that he found the Chief to be dedicated to the Town. He recommended that the Chief find a mentor, and Chief Gates said that he has, in retired Turners Falls Fire Chief Ray Godin, who was in attendance. Horn noted that the fire department budget is very lean, and suggested the formation of a capital planning committee for the prioritization of large expenditures for the various departments. He said that the Town Coordinator and a member of the Finance Committee should be part of the capital planning, along with some citizens who can evaluate proposals from department heads. Horn said that the purchase of a modern attack pumper capable of carrying a minimum of 1,200 gallons of water is a top priority, and that we also will need to purchase a modern tanker capable of carrying a minimum of 2,500 gallons with some stand alone pump capacity. Horn said that these trucks will allow for dramatically faster response times, demonstrate greater drafting capabilities, and are needed to replace an outdated fleet. He noted that there are grants at the federal level, and that he will send Chief Gates a copy of a successful grant proposal from Mendon for similar equipment. Horn said that overall morale within the Fire Department is good, but as within any department there is some division and some internal struggles that need to be resolved. Horn said that he wanted to see the Chief work on rules and regulations and standard operating guidelines that can be adapted to Warwick. He emphasized that there must be training on this. He recommended the Chief develop a discipline code for exact compliance, specific behavior standards and personal accountability, along with a clear successive command policy, and the development of a grievance procedure. He said that the Chief should bring these before the Selectboard for their review, but if there is not an agreement reached, as a strong chief, Gates has the final say. Horn said that there needs to be a yearly check of regulators, and that hose testing also needs to be performed. He explained that the manufacturer sets a burst rate, the amount of p.s.i. the hose can withstand. He said that if our district, District 9, does not have the testing equipment, District 7 could lend it to us. He also said that the ladders on the trucks must be inspected, and that there need to be annual pump certifications on the trucks. The self contained breathing apparatus (SCBA) also need annual inspection, and that turnout gear must be checked for expired or damaged gear. Horn said that we have a good fire department; town entities such as the Finance Committee and Town Coordinator need to take an active role in helping the Chief and providing him with the necessary tools to carry out his duties. He said that the Chief must take control of his department, and that those within the department need to support and work with him or leave. Horn emphasized the need to build a bridge, find common ground and work as a team. He said that the Board and Coordinator must deter attempts to undermine the Chief behind his back, and that they must send those with complaints directly to the Chief. Horn called for the immediate testing and inspection of all hoses and ground ladders for compliance with NFPA standards, and that all non NFPA compliant fire helmets and turnout gear must be replaced. Lemon said that this evaluation was exactly what we needed, and thanked Mr. Horn for his work. Chief Gates will prepare his response to the report and present it to the Board. Magi said she thought that this was the beginning of a new era, and thanked everyone for coming to the meeting. Horn said that blame should be put in the past and the focus should be on moving forward. He said that continuation of command, standard accountability tracking for on-scene operations, and the training to provide for the immediate deployment of lost/trapped or downed fire fighters must be developed and implemented. Horn called for the establishment and training for an on-scene safety and accountability officer, as well as the development,, implementation and training for procedures for a "downed firefighter" rescue and recovery operation. He suggested improved pre-planning throughout the Town, and stressed the development of a lost person/child policy to be shared with Police and Fire departments. He noted that the Environmental Police must be notified when a person is lost in the woods. Horn said that the Fire Chief should continue a system wide review of the department including policies, procedures, rules and regulations. He said that Chief Gates needs to review, update and create written job descriptions for all positions within the department. Horn recommended that the Chief must develop a regular schedule of departmental meetings with mandatory attendance for all members of the department. He recommended establishing one location within the department for the dissemination of departmental directives. He suggested that the Chief develop an informational journal in a three-ring binder so employees can be kept up top date on all important issues and directives, and that all members be required to review the journal at least weekly and initial each page read. Horn recommended that the Town require the Chief to attend all available senior officer training seminars offered by the Mass Firefighters Academy in Stow. He said that the Chief should also attend college-level public speaking courses or join Toastmasters International. Horn said that the Chief needs to develop a comprehensive replacement policy for apparatus and equipment to rotate replacement and avoids a huge singular financial cost. He said that the Town should consider consolidating with a neighboring town and form either a local fire district or contract to provide fire and EMS services to Warwick. Horn stressed the necessity of training with any new equipment and any new procedures. He said that we will need funds to replace old and outdated equipment. Horn finished by saying that everyone must work together as a team. The Chief is tenured and, barring any serious criminal act, as strong chief all decisions are final when the Chief says so. He recommended the utilization of smart people and harnessing the firefighters' energy to be put to use for the best interest of the Town. 11. Selectboard Reports--Lemon informed the Board of an upcoming "What's New in Municipal Law 2013" seminar to be held in Holyoke on September 27th. She also encouraged everyone to visit the MASSPIRG website to read about the expanded bottle bill. 12. Coordinator Report--Young requested that the Board grant a one day liquor license to the Beach Committee for Old Home Days. Arguimbau MOVED to grant the Moores Pond Beach Committee a one-day beer and wine license for Saturday, August 24, 2013. Lemon SECONDED. Motion CARRIED 3-0-0. The Board had no questions on Young's written report. V. Adjournment At 8:49 pm, Magi MOVED to adjourn the meeting. Arguimbau SECONDED. Motion CARRIED 3-0-0. Minutes taken by Rosa Fratangelo Calcari