Town of Warwick Selectboard September 12, 2016 Minutes Members present: Dawn Magi, Lawrence Pruyne, James Erviti Others present: Town Coordinator David Young, Town Secretary and Town Clerk Rosa Fratangelo, MCAP representative and Broadband Committee member Miryam Williamson, Recreation Committee members Denyse Dar and Leanne Limoges, Finance Committee member Steve Ruggiero, Police Chief David Shoemaker, Jared Robinson (Athol Daily News) I. Call to Order Chair Magi called the meeting to order at 6:00 pm in the Town Hall. II. Minutes Pruyne MOVED to approve the minutes of August 29, 2016 as printed. Magi SECONDED. Motion CARRIED 2-0-1; Magi and Pruyne: AYE; Erviti ABSTAINED, as he was not present for that meeting. III.Presentations and Discussions 1. Licenses --Magi said that a public hearing needs to be scheduled for the consideration of an on-premises wine and malt pouring license application by Jim Kilroy for the Barn Owl. There was a consensus of the Board to hold the hearing at 7 p.m. during their September 26th meeting thus allowing ample time for legal advertisement of the hearing and to allow Mr. Kilroy time to notify the two abutters. Recreation Committee members Denyse Dar and Leanne Limoges were present to request the Board grant a one day beer and wine license for a fundraiser. Dar said that the WCS Principal had said that when school is not in session then it is the Town's building and therefore the Board can choose whether or not to grant the one day license for a specific event. She also said that the Rec. Committee plans to utilize the school more for the entire community and intends to hold multiple events including a Gene Wilder double feature, a mystery movie night, a Halloween costume party and a New Years party. Young said that technically licenses are granted and held by an individual, however because of our liability insurance requirement, we are only issuing when sale "benefits the town", so that is why "on behalf of the specific committee is added to the motion, to establish that sale is for a town cause. The law states that an individual can be issued no more than 12 per year. Pruyne MOVED to grant a one-day beer and wine license to Denyse Dar on behalf of the Recreation Committee. Erviti SECONDED. Motion CARRIED 3-0-0. 2. MCAP Update--Miryam Williamson said that two weeks ago she had brought the Board copies of MCAP's statement of opposition to the Dakota Pipeline. She noted that after a judge denied the petition for a stay against the Pipeline, President Obama stepped in so that the Pipeline could not proceed. She said she wanted input from the Selectboard on where MCAP should focus its energies. Pruyne suggested opposition to off-shore drilling in sensitive coral reef areas; Williamson said that would likely fall under their fossil fuel activities. Young suggested MCAP pursue advocacy for alternative fuels and incentives at the legislative level. Erviti said that anything to be done or said to get people thinking of reliance on anything other than gas and oil. Magi suggested advocating against pumping water in after drilling oil, as that contributed to the recent earthquake in Oklahoma. Pruyne said that improved labeling on GMO products would be better for the human race. 3. Accounting Update--Erviti said that the next meeting with the Accountant needed to be scheduled. He said that the Accountant has been directed to do a few certain things and that we will treat Janice Barrett as an adult and allow her to work without looking over her shoulder. Erviti said that at the next meeting there will be follow up to see if certain things have been done, and if not why not. He said she needs to be allowed to do the things she has been directed to do. Erviti said that to minimize distractions and improve her efficiency while working on her prioritized tasks the Accountant has been directed to ask people to make appointments instead of just coming in and interrupting the flow of her work. Williamson said that it has been proven that when someone is interrupted in the midst of one tasks and has to switch to another, it takes a full 15 minutes to be able to effectively return to the first task. It was suggested that she put up a sign "by appointment only" with her office hours listed. Young said that Ms. Barrett needs to spend most of her time on the important things and the ultimate goal is prioritization and rectifying lateness across the board. 4. Personnel Policy --Magi said that the review has been completed up to the section on compensation. The next working session of the Board on the Personnel Policy will be held on Wednesday, September 14th at 2 p.m. in Town Hall. 5. Public Shade Tree/Hazard Tree Complaint Disposition--Magi said that Steve Ruggiero's complaint against Tree Warden Brian Miner was sent to the Planning Board, and that the Planning Board had sent the Selectboard a memo with updated wording under the heading of Planning Board Policy for Scenic Roads Routine Hazard Tree Removal. The new wording is as follows: "On Scenic Roads (all roads in Warwick except Route 78) the Tree Warden must mark the hazard tree for routine removal with blue paint or blue flagging and notify the chair of the Planning Board and Selectboard after doing so and shall not authorize cutting until at least 7 days after such notification." Also stated in the memo were the following sentences: "The Planning Board adopted this policy for Scenic Roads at our Sept. 8 meeting and suggests the Selectboard also adopt it so the Warwick Scenic Roads Cutting Policy remains consistent among the parties. The Tree Warden has accepted the policy". Young said that Ruggiero's complaint was about violations of policy and that the Planning Board has reiterated what the law is. He said in the case of a complaint against a public official a date for the Selectboard to meet and vote to go into executive session must be set and the official must be given proper legal notification before proceeding further. Young said that according to Town Counsel Ruggiero has no standing to bring this complaint, as it is under the jurisdiction of the Tree Warden, Planning Board and Police Department. Young said the Board has options that include thanking the Tree Warden for his initiative in keeping the public safe and remind him in the future to mark trees with blue paint or a blue flag and ask for the Selectboard's order; submit the complaint to the Planning Board or Police Department; decide to hear the complaint in executive session unless the official waives the right to executive session in favor of an open meeting. Ruggiero challenged Young's assumption that the Board would likely have approved the cutting of the hazard tree and said that he wanted to give the Town the opportunity to hear and act on his complaint, but if nothing is done he will have no choice but to go to the State Ethics Committee. Erviti said that since the Board members would have gone out to look at the tree had they received notice of the Tree Warden's intent to have it removed as a hazard tree, let this incident pass. He said that it should be stated to the Tree Warden that no further issues of this kind are to be done unless the tree is marked and he comes before the Board to follow the rules. Pruyne said this was a minor infraction that the Tree Warden took down a tree without prior consultation with the Selectboard. Ruggiero said that the Tree Warden used Town funds to pay Smokey to take the tree down on a Saturday; Young confirmed Town funds were used to cut down the tree. Pruyne said that it was time the Selectboard assumes the responsibility to hear the complaint; Erviti concurred. Magi asked to schedule a time and notify Brian Miner. Young said he did not know when Miner would be available. Magi asked Young to confer with Miner and get back to the Board; Young agreed to do so. 6. Broadband--Broadband Committee member Miryam Williamson said that Broadband Committee Chair Tom Wyatt wanted to invite the Selectboard to attend the committee's next meeting at 5 p.m. on Monday, September 19 when John Bradford will make a presentation on the new monitoring software for WBS. 7. Elevator Update--Young said that he would be at Town Hall tomorrow morning at 8 o'clock to let in the elevator and alarm company workers so that they may repair the sensor in the elevator shaft. He noted that once the sensor is functioning properly the State Elevator Inspector will return to conduct another inspection. 8. Selectboard Reports--None. 9. Coordinator Report--Young said that he would be filling out a Chapter 90 local road funding survey and was going to say that the Town needs more money. He said that we had received a $2,100.00 grant from the DEP for materials recovery and would use the funds to purchase a 10,000 lb. platform scale for use at the Transfer Station. Young said that there were two legislative breakfasts to be held in the region, one in Amherst on September 30th and the other in Gardner on October 7th. Young then presented the Board with three copies of a contract with Franklin County Solid Waste Management District (FCSWMD) for household hazardous materials. Pruyne MOVED to authorize the signatures of all Board members on the Household Hazardous Waste contract between the Town and FCSWMD. Erviti SECONDED. Motion CARRIED 3-0-0. All three Selectmen signed each copy of the contract. 10. Public Comment--Erviti spoke as Emergency Management Director about the drought situation and noted that while Warwick is currently in a drought watch, we border towns currently in a drought warning. He explained that the Selectboard cannot direct people with private wells unless the water table is so low as to endanger the health and safety of residents, but said the Board could suggest people use only hand-held watering devices and do so before 9 a.m. or after 5 p.m., and refrain from washing cars or the exterior of buildings. Erviti reiterated that the Selectmen can suggest exercising restraint when using water and pointed out that the Board of Health has the power to issue orders regarding water usage. Pruyne said that the mercury levels have increased in Moore's Pond due to the drought. Erviti said that he could speak with the Board of Health to coordinate information and recommendations. Ruggiero inquired as to why the Highway logs are no longer posted on the Warwick website. Young said that they have switched to daily Emails and offered to put Mr. Ruggiero on the list of those who receive these Emails. Williamson said that these logs were voluntary and not ordered. Chief Shoemaker said that the Police logs are also posted voluntarily. Ruggiero next inquired if the sugar maple trees at the corner of Athol and Richmond Roads that have been marked with blue ribbons were slated to be cut. Erviti and Young both said that they had not received any notification from the Tree Warden about the trees and were therefore unable to give an informed answer at this point. Erviti MOVED to adopt the paragraph under the heading Planning Board Policy for Scenic Roads Routine Hazard Tree Removal. Magi SECONDED. Motion CARRIED 3-0-0. Young said that work needs to be done on clarifying a consistent definition of a hazard tree. Pruyne MOVED to ask the Planning Board to clarify the definition of a hazard tree. Erviti SECONDED. Motion CARRIED 3-0-0. 11. New and Other Business Unanticipated at Time of Meeting Posting--Williamson said that MCAP wants to change its name and asked the Board's permission to vote for "anything that makes sense". There was a consensus of the Board to allow Williamson to vote as she stated. IV.Adjournment At 7:07 p.m., Pruyne MOVED to adjourn. Erviti SECONDED. Motion CARRIED 3-0-0. Documents consulted at this meeting: *Draft Minutes of Selectboard meeting of August 29, 2016 *Coordinator Report dated September 8, 2016 *Moore's Pond Beach Committee minutes of Monday, August 15, 2016 *Memo to the Selectboard from Warwick Planning Board Chair Edwin Cady dated September 12, 2016 Re: Ruggiero Complaint Concerning Tree Cut at 296 Athol Road