Town of Warwick Selectboard September 30, 2013 Minutes Members present: Dawn Magi, Nick Arguimbau, Patricia Lemon (arrived at 6:04pm) Others present: Town Coordinator David Young, Town Secretary Rosa Fratangelo Calcari, Fire Chief Ron gates, Highway Superintendent Tim Kilhart, Firefighters Bill Lyman and Mike Mankowsky, Police Chief David Shoemaker, Michelle Hurlbet (arrived at 6:07pm), Broadband Committee member and WiredWest Representative Reva Reck, Moderator and Broadband Committee member Miryam Williamson, Planning Board Chair Ted Cady, Conservation Commission Chair Karro Frost, Buildings and Energy Committee member Janice Kurkoski, Jon Calcari, Jared 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 approve the minutes of September 16, 2013 as printed. Magi SECONDED. Motion CARRIED 2-0-0. IV. Presentations and Discussions Lemon arrived and said that she had been informed by Ernest Horn that due to a police emergency in his town, he would be unable to attend this meeting but would come to the next meeting on October 15th. She said that those who had come just because Mr. Horn was scheduled to be there could leave unless there were other agenda items of interest to them. 1. Gale Road and Mr. Hurlbert's Use for Exercising Horses--Young said that he had spoken with Brad Hurlbert, and while he was unable to attend this meeting, his wife Michelle would be in attendance. There was a consensus of the Board to revisit this once Mrs. Hurlbert had arrived. Magi asked the other Board members if they had taken a look at Gale Road; neither had. She said that she had seen gauges where the equipment was dragged and that the matter would be taken up once Michelle Hurlbert arrived. 2. $75 Inspection Fee and MOA with Solid Waste Management District --Young explained that the Solid Waste Management District wanted a signed MOA for the annual inspection of the transfer station as required by the DEP. Young recommended that the Board vote to execute the agreement as it was the best and lowest cost option. Lemon MOVED to authorize the payment of $75.00 inspection fee and to authorize David Young to execute the MOA with the Solid Waste Management District. Arguimbau SECONDED. Motion CARRIED 3-0-0. 3. Appointments to the Cultural Council--Young said that Cheri Robartes and Lawrence "Doc" Pruyne had been nominated to serve on the Cultural Council by Council Chair Deb Paulson. Lemon had requested that Ms. Robartes and Mr. Pruyne attend this meeting. Lemon MOVED to appoint Cheri Robartes and Lawrence Pruyne to the Cultural Council for three year terms. Arguimbau SECONDED. Motion CARRIED 3-0-0. 4. Police Department--Chief Shoemaker said that the mutual aid agreement that the Board had previously been given for review had been vetted by Franklin County District Attorney Scott Sullivan and discussed among the Franklin County Police Chiefs. He asked that the Board vote to approve the mutual aid agreement. Lemon MOVED to approve the Franklin County Law Enforcement Mutual Aid Agreement on behalf of the Warwick Police Department. Arguimbau SECONDED. Motion CARRIED 3-0-0. 5. Gale Road and Mr. Hurlbert's Use for Exercising Horses --Magi said that Gale Road where the Hurlberts exercise their draft horses is not in good shape. Michelle Hurlbert said that they had moved a tire out of the road and that they have only exercised one pair of horses on Gale Road this year. She noted that they take the horses one half mile down the road and then turn around and come back. Ms. Hurlbert asked if it would be permissible to drag a smaller tire behind the horses. Young said that because of the review of trees slated to be cut on Gale Road, it was the Planning Board that received a comment about the condition of the road where the horses are exercised. Young inquired how much longer the horses would be exercised this year; Mrs. Hurlbert responded that October 17th would be the last day. Chief Shoemaker noted that in his opinion Gale Road was in no worse condition than other roads in Town, and Highway Superintendent Tim Kilhart said that he had not received any complaints either. Young suggested that Town Counsel be consulted to see if the Town still legally owns the discontinued portion of Athol Road. If so, he said that this could be used to exercise the horses instead of Gale Road. Lemon MOVED that Dawn Magi or David Young be authorized to talk with Town Counsel regarding the legality of the Hurlberts being allowed to use the discontinued portion of Athol Road instead of Gale Road to exercise their draft horses. Arguimbau SECONDED. Motion CARRIED 3-0-0. 6. Selectboard Reports--Magi said that she had attended a seminar on the Open Meeting Law. She explained that meetings must be posted a minimum of 48 hours in advance, and that weekends and holidays could not be included in that 48 hour timeframe. Magi said that meaningful agendas must accompany meeting postings. She said that the official board for posting meetings is outside the door to the Town Hall dining room. Young noted that all meetings are also posted on the Town website. Chief Shoemaker asked if someone on a three member board missed a meeting, could one of the members later tell that person what transpired during the meeting. Reva Reck said that as long as the conversation is informational only, and that no discussion of issues takes place, no opinions are expressed and no type of deliberation occurs, that would be acceptable. This was based on how WiredWest meetings are conducted. Bill Lyman read aloud a paragraph from Attorney McNichol's handouts from a recent FRCOG seminar on the Open Meeting Law as a way to further clarify the matter. Young said that he could Email a copy of the handout to anyone who requests one. Reck said that some lawyers are of the opinion that it is acceptable to have an agenda item called "new and other items not reasonably anticipated prior to the posting notice", while others do not deem it acceptable. She inquired if a motion or other action can be taken if the agenda item is not specifically identified in the posting. Magi said that it can be worded as such on the agenda, and because it is on the agenda, action may be taken. Young suggested the date of Saturday, November 2nd to hold the 250th anniversary recognition event, which will include the medal awards and a dinner. Medals for every resident, certificates of appreciation and a potluck supper will complete the evening. There was a consensus of the Board to hold the event on Saturday, November 2, 2013 at 6pm in Town Hall. Young also recommended that the Board set a date for Halloween festivities to be put on by the Recreation Committee. He noted that every year someone from the Athol Daily News calls and wants to know when the Halloween events will be held in Town. Young recommended that Thursday, October 31st from 4pm until dark be voted as the official Halloween observance. Lemon MOVED that Athol Road from Route 78 to Hotel Road be temporarily closed on Thursday, October 31st from 4pm until dark for the Town's Halloween celebration. Arguimbau SECONDED. Motion CARRIED 3-0-0. 7. Town Coordinator Report--Young asked Chair Magi to sign reimbursement paperwork from FEMA for the 2013 blizzard, and paperwork for the final payment of the MBI grant and contract extension. Young said that he had some concerns about the condition in which the Town Hall kitchen and dining room have been left after some events. He said that Diana Tandy has established a high standard of cleanliness after her weekly town gatherings, and that this standard should be upheld. He said that the custodian's budget has available funds which have allowed for the hire, on a trial basis, of a local Franklin County Tech School student from the culinary arts program to clean one or two hours per week. If this practice is to continue, Young said that eh would post an opening for an assistant custodian. Lemon MOVED that David Young be authorized to hire a local youth from the Tech School culinary program to make sure that the kitchen and dining room are kept up to proper sanitary standards. Arguimbau SECONDED. Motion CARRIED 3-0-0. Young noted that egregious violators who leave the kitchen and dining room particularly unclean can be billed for the cost of the clean up. 8. New and Other Items Not Reasonably Anticipated Prior to Posting Date--Chief Shoemakers said that last Friday he received a call from a resident about a rabid skunk. He said that he does not like to tell a resident that there is nothing he can do to help, and since animal control can't do it either, we need to formulate a policy for such issues. Animal Control Officer Rosa Fratangelo Calcari explained that she had previously been told by the Chief that because hers is an unarmed position, that she is prohibited from carrying or using a firearm in the course of her duties. She said that as Inspector of Animals she can transport an animal to be tested for rabies once it has been put down, and added that local veterinarians will prepare the animal for testing and ship the remains to the State Lab, but will not euthanize wildlife. Magi asked if the Chief would be willing to dispatch an animal if there was a threat to life or livestock. He said that he would, and there was a consensus of the Board that this would be an acceptable practice. V. Adjournment At 6:40 pm, Magi MOVED to adjourn the meeting. Lemon SECONDED. Motion CARRIED 3-0-0. Minutes taken by Rosa Fratangelo Calcari