Town of Warwick Selectboard August 8, 2011 Minutes Members present: Dawn Magi, Patricia Lemon, Nick Arguimbau Others present: Town Coordinator David Young, Town Secretary Rosa Fratangelo Calcari, Police Chief David Shoemaker, Scott Burns (Verizon), Linda Styles, Michael Humphries, Kyle Whittier, Jon Calcari, Paula Robinson (Athol Daily News) I. Call to Order Chair Magi called the meeting to order at 6:02 pm in Town Hall. Lemon MOVED to remove the "review and accept agenda" item from this and all future agendas. Arguimbau SECONDED. Motion carried by a vote of 2-1-0. Magi and Lemon: AYE; Arguimbau: NAY Public Comment None. Minutes Lemon said that the FY 12 Appointment List included the reappointment of the late Les Goodman. She suggested a footnote reflecting his death be added to the list. Lemon said that she had been in touch with Amy Person of Hastings Heights Road. Ms. Person is willing to be appointed as the Field Driver. This position has been vacant since July, 2010. Lemon MOVED to accept the minutes of July 25, 2011 as printed with changes noted. Arguimbau SECONDED. Motion carried by a vote of 3-0-0. Lemon MOVED to accept the minutes of the July 28, 2011 DCR forest zone multi-board meeting, to approve the DCR joint board letter, and authorize the Chair to sign the letter on behalf of the Selectboard for transmittal to DCR. Arguimbau SECONDED. Motion carried by a vote of 3-0-0. IV. Presentations and Discussions 1. Selectboard Reports -- Lemon said that she received an Email from Senator Brewer's office asking for the Board's comments on the proposed changes to the Open Meeting Law. Young explained that the proposed changes would allow for remote participation by such means as telephone, Skype, or video. He noted that a quorum of the public body, and the Chair of that body, must be present at the meeting location. Lemon MOVED that the Selectboard write to Attorney General Coakley and tell her we support this change. Magi SECONDED. Motion carried by a vote of 3-0-0. Lemon announced the Franklin County Emergency Dispatch Feasibility Study Information Meeting will be held from 7 pm to 9 pm on Thursday, August 18th at the Franklin County Technical School. Police Chief Shoemaker said that he plans to attend and report back to the Board. Lemon discussed potential types of trees to be planted to replace the spruce removed from the Town Park. Young reminded the Board members that they had voted for him to consult with Chuck Lisowski. Young and Lisowski decided on a sugar maple to be planted and dedicated to the memory of Les Goodman. A Dawn Redwood will replace the spruce tree. Young said that he is checking to see if the spruce had been dedicated to someone at anytime in the past. Coordinator Report -- Young said that Senator Brewer had sent a letter regarding H3438 regarding land protection. Senator Brewer expressed an unwillingness to commit to supporting or opposing the bill at this time, as he anticipated more changes to the bill. Young noted that at the Board of Health's request he had entered into an agreement with a recycler who will take our electronic scrap and many other items at no charge. Any item with a battery or a power cord and clean plastics too large for our other plastic recycling will be recycled in this manner. Young said that police officer Adam Holloway had resigned from the Warwick Police Department. He said he conducted an exit interview with Holloway, who said that he had differences with the direction in which the department is going, and his wife is expecting their first child soon. Lemon MOVED to accept the resignation of Adam Holloway with regret and send a letter to that effect. Magi SECONDED. Motion carried by a vote of 3-0-0. Young said that he will take care of the letter. 3. Police Chief Permanent Appointment -- Young said that Police Chief David Shoemaker has completed his six-month probationary period. Young requested that the Board reappoint Chief Shoemaker to a term through June 30, 2014, which is just shy of three years and will coincide with other three year appointments. . Lemon MOVED to appoint Chief Shoemaker to serve through June 30, 2014. Arguimbau SECONDED. Motion carried by a vote of 3-0-0. 4. New and Other Business -- Arguimbau asked the other Board members if they felt he should recuse himself from the upcoming nuisance dog hearing due to his problems controlling his own dogs. There was a consensus that Arguimbau did not need to recuse himself. Scott Burns of Verizon arrived at 6:52 pm. 5. Wendell Road Pole Hearing At 7 pm, Magi declared the Wendell Road Pole Hearing open. The Board members had before them a petition from Verizon which sought to extend the existing pole line on Wendell Road to provide service to a new house. Four new poles were proposed. Linda Styles arrived at 7:02 pm. Lemon MOVED the Board approve Verizon Petition 9ADV7B with the proviso that the poles be tall enough to take fiber optic as well as telephone and electric service. Arguimbau SECONDED. Motion carried by a vote of 3-0-0. Lemon MOVED to adjourn the hearing. Magi SECONDED. Motion carried by a vote of 3-0-0. Michael Humphries arrived at 7:05 pm. Kyle Whittier arrived at 7:14 pm. Styles and Whittier agreed to start the dog hearing early. Nuisance Dog Hearing Magi opened the hearing at 7:15 pm. Magi read aloud the letter dated July 31, 2011 sent to the Selectboard by Linda Styles of 66 Chestnut Hill Road. The letter detailed ongoing problems with a dog belonging to Kyle Whittier of 171 Shepardson Road. Magi swore in the complainant Styles. Animal Control Officer Rosa Fratangelo Calcari gave a synopsis of her written report and read aloud her recommendations to the Board. The recommendations included the Board order Whittier to secure his dog "Dozer" in a chain link kennel of suitable size and strength to contain the dog while providing adequate room whenever this dog is outdoors. An additional recommendation was made to order the dog to be vaccinated against rabies and licensed within ten days. Magi swore in dog owner Whittier. Whittier said that he understood that he needed to keep his dog from running loose. He explained that his dog is very strong and has broken chains, collars, harnesses, and even pulled a lag bolt out of the side of the garage. Whittier said that the dog is allowed outdoors only when he is home; the dog is kept indoors whenever he is gone. Lemon asked the ACO and Whittier if a pen will have poles cemented into the ground or a cement pad to prevent the dog from digging out. Whittier said he would put the kennel on the driveway. Whittier said he could put the kennel up tomorrow. Young pointed out that should Whittier fail to comply with whatever orders are issued by the Selectboard, there would be another hearing which could result in Board voting to order the dog removed from Town. Magi and Arguimbau each asked Styles if the kennel option would be satisfactory to her. Styles agreed that this would be acceptable as long as it does not fail. Lemon MOVED the Board accept the recommendations presented by ACO Rosa Fratangelo Calcari with the proviso that the enclosure be completed by Saturday, August 13th. Magi SECONDED. Arguimbau offered the Friendly Amendment that the dog will at no time, except for purpose of being taken to the vet, be anywhere but in the kennel or indoors, and be thoroughly restrained between the house and kennel. Lemon did NOT accept the friendly amendment. Original Motion carried by a vote of 3-0-0. V. Adjournment At 7:37 pm, Magi MOVED to adjourn the meeting. Arguimbau SECONDED. Motion carried by a vote of 3-0-0. Minutes taken by Rosa Fratangelo Calcari