Town of Warwick Selectboard September 6, 2011 Minutes Members present: Patricia Lemon, Nick Arguimbau, Dawn Magi Others present: Town Coordinator David Young, Town Secretary Rosa Fratangelo Calcari, Paul Daniello (Mt. Grace Land Conservation Trust), Open Space Committee and Conservation Commission member Mary Williamson, Police Chief David Shoemaker, Joe Powling, 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. Minutes Lemon MOVED to accept the minutes of August 22, 2011 as printed. Arguimbau SECONDED. Motion carried by a vote of 2-0-1. Lemon and Arguimbau: Aye; Magi abstained as she was absent from that meeting. Lemon MOVED to accept the minutes of August 27, 2011 as printed. Arguimbau SECONDED. Motion carried by a vote of 3-0-0. Public Comment Lemon wanted to know how much extra it costs to have the Transfer Station open on Wednesdays. Young said that the Transfer Station Attendant makes approximately $55.00 each Wednesday. Lemon wanted the Board of Health to discuss having the Transfer Station have Wednesday hours all year round. Magi and Lemon said that they would like to attend a Board of Health meeting this month, as did Arguimbau. IV. Presentations and Discussions 1. Potential Conservation Restriction-- Because Lemon is an abutter to the land and therefore has a financial interest in the issue to be discussed, she recused herself from the proceedings. Lemon said that she would listen to the discussion, but not participate. Paul Daniello of the Mt. Grace Land Conservation Trust (MGLCT) was present to follow up on his discussion from the last meeting. He explained that the MGLCT cannot hold the Conservation Restriction (CR) and hoped that the Board would be willing to conceptually hold a CR on Ralph Jay's land pending the approval of an acceptable and approvable CR. Daniello explained that landowner Ralph Jay will be paid 75% of the fair market value of the CR. The property is currently in Chapter 61 and will remain so. He pointed out that Mr. Jay will still pay real estate taxes to the Town. Daniello noted that Warwick's Conservation Commission has reviewed and voted in favor of the CR. Mary Williamson said that the Open Space Committee had sent the Board a memorandum detailing the reasons for the Committee's support of the proposed CR. Williamson's memo included the sentence "The Warwick Open Space Committee believes that the Town should support this project because conserving Mr. Jay's land fulfills so many of the open space value criteria identified by the OSRP" (Open Space and Recreation Plan). Arguimbau MOVED to approve in concept the CR on Ralph Jay's land provided the Mt. Grace Land Conservation Trust furnishes appropriate language which we expect to be able to approve. Magi SECONDED. Motion carried by a vote of 2-0-1. Magi and Arguimbau: AYE; Lemon abstained, as she had recused herself from the discussion. Police Chief David Shoemaker -- Chief Shoemaker reported on the FRCOG meeting at which five models for the emergency/911 system were presented. He said that an outside consultant will review the models and rank their viability, which will be the topic of the next meeting. Chief Shoemaker noted that two of the models could potentially cost the Town around $13,000.00 or $32,000.00 per year. He explained that while implementation of any changes will take several years, it is wise to look ahead and be prepared. He said that the current infrastructure and capacity of the system is insufficient, although it is run by dedicated people to whom he gives much credit. Chief Shoemaker introduced Joe Powling, a full-time paramedic with the Orange Fire Department. Powling is developing a tactical paramedic team for response at critical times, such as if a police officer is wounded in the line of duty. The team will consist of paramedics and police officers from Warwick and Orange along with Franklin County Sheriff's deputies. One trained officer will be on duty on each shift in Orange. Chief Shoemaker asked that Joe Powling be appointed as a Warwick police officer, and stated that Powling has all necessary qualifications and was fully competent. Arguimbau MOVED to appoint Joe Powling as a Warwick Police Officer. Lemon SECONDED. Motion carried by a vote of 3-0-0. Lemon asked for a copy of Officer Powling's resume. At the conclusion of his discussions, Chief Shoemaker left the meeting and returned with the requested document. Lastly, Chief Shoemaker asked that the Board approve a multi agency mutual aid request from MEMA and sign the Mutual Aid Opt-In Form. Lemon MOVED that the Selectboard vote to join the statewide Public Works and Public Safety Mutual Aid Agreements under the provisions of Attachment B and to authorize the Chair to sign Attachment C. Arguimbau SECONDED. Motion carried by a vote of 3-0-0. Review Zoning Enforcement -- Young said that some progress has been made on the Tully Brook Road and Royalston Road matters. The Board was presented with a copy of a use permit application, with date and time September 6, 4:50 pm, for one but not both of Les Black's clients, showing partial compliance with his representation that both of his clients would file applications no later than September 6, 2011. Young noted that zoning enforcement will be placed on the agenda of a future meeting. Young explained that the Severance matter is scheduled to be reviewed in housing court on September 16th. Young said that he, Town Counsel, and Building Inspector Phil Delorey will be present in court. The judge has ordered that no one may live on the Hockanum Road property. Young will try to mediate one last time, emphasize that no one may live there, and stress that the Town intends to enforce the building code up to and including demolition of the structure if the Severance remain in noncompliance. Arguimbau suggested that Young ask the judge for an order for at least one nighttime inspection to be conducted by the Police Department, and an order permitting the Town to go in and do plumbing and electrical work with its own contractor, with the cost being added to the cost of litigation. Young said there is no budget to pay a contractor and he doubts any contractor would take on the work without a guarantee of payment. 4. Appointment -- Young explained that the Cemetery Commission had requested that the Selectboard appoint Miguel Torres the Burial Agent. Lemon MOVED to appoint Miguel Torres the Burial Agent until June 30, 2012. Arguimbau SECONDED. Motion carried by a vote of 3-0-0. 5. Chapter 90 Reimbursement Sign-Off -- Young gave the documents for each Board member to sign. The cost for crumb rubber sealing on Richmond Road will be reimbursed through Chapter 90 funds in the amount of $75,232.80. The documents were signed by all three members. 6. Review Special Town Meeting Warrant -- In speaking about the draft warrant for the September 26th Special Town Meeting, Young said that Arguimbau is working on the specific language for Article 2, which deals proposed amendments to the Flood Plain Overlay District By-law. He noted that according to Town Accountant Janice Barrett, Article 5, which involves moving funds to the perpetual care account, will not require Town Meeting action, just instruction in writing from the Cemetery Commission. 7. MGL Chapter 268 Section 20d Exemption-- Young explained that he recently hired firefighter Mike Mankowsky to assist in getting the generator started at the Warwick Community School prior to Tropical Storm Irene. Young requested the Board vote a MGL 286:20d exemption on the work performed, which totaled $80.00. Lemon MOVED to grant Mike Mankowsky a MGL 268:20d exemption. Arguimbau SECONDED. Motion carried by a vote of 3-0-0. 8. Selectboard Reports-- Lemon said that she will attend a Franklin Regional Transit Authority meeting on Thursday, September 8th. 9. Coordinator Report-- Young said that the Highway expended 16 hours of overtime during Tropical Storm Irene. Because of good preparation, no roads were lost. Lemon MOVED to end the State of Emergency prompted by the anticipation of Hurricane Irene. Arguimbau SECONDED. Motion carried by a vote of 3-0-0. Lemon commended the Highway Department and Tim Kilhart for their pre-Irene work and their level of preparedness. Fire Chief Gunnar Lambert has given Young a verbal notice of his impending retirement. Young said that he will post the opening and prepare for the interview of candidates by the Board. Arguimbau wanted to have a joint meeting with the Board of Health to discuss the management of the Transfer Station. 10. New and Other Business-- None. V. Adjournment At 7:19 pm, Lemon MOVED to adjourn the meeting. Arguimbau SECONDED. Motion carried by a vote of 3-0-0. Minutes taken by Rosa Fratangelo Calcari