Town of Warwick Selectboard August 11, 2008 Minutes Chairman Lemon called the meeting to order at 6:02p.m. at the Town Hall with members Patricia Lemon, Rick Abbott and Nick Arguimbau, Town Coordinator David Young, Selectboard Secretary Rosa Calcari, Miryam Williamson, Highway Superintendent Tim Kilhart, Jon Calcari, Personnel Committee Chairman George Day, Paula Lundgren (Athol Daily News) in attendance. She then noted with regret the death of longtime Warwick resident and erstwhile school nurse Helen Jay. ZBA Request - A formal request having been made of the Board by the ZBA, a draft of a formal reply incorporating input from from and approved by Town Counsel was discussed and signed by all three members. Arguimbau MOVED to send the letter as printed with the handwritten addition of the sentence "read and approved by Town Counsel." Lemon SECONDED. VOTED UNANIMOUSLY. MOA with DCR regarding the use of Mt. Grace Tower - Lemon reported that she had been informed verbally and in writing that one of the sticking points, the 60-day withdrawal period (ARTICLE IV) is not only standard language in state contracts but would be understood by the courts to be tacitly included, even if it were left out because it is required by state law. She had also discovered that the Town is actually negotiating with two separate agencies: DCR and the State Police. The in-kind services portion was discussed. Young said that the Town's liability needs to be limited in the MOU to reflect that the maximum dollar equivalent will be $2000 per year, over the life of the MOU. Selectboard Motions and Recommendations for Special Town Meeting - Arguimbau MOVED that if language capping the town's financial commitment for road fill and spreading at $2000 is forthcoming in the next draft of the MOU, the Selectboard would recommend that an amended Article 4 of the August 18, 2008, Special Town Meeting providing that up to $40,000.00 be borrowed for a three-year period with the understanding that a good-faith effort be made to recoup the $40,000.00 be approved. Lemon SECONDED. VOTED UNANIMOUSLY. Lemon MOVED that the Board go on record as pledging not to sign the MOU unless acceptable contingencies agreed to by the State Police with the $2000 per year cap on average liability agreed to by the State Police are furnished in writing by DCR and that the Selectboard will not approve any borrowing or release of funds without a signed MOU. Arguimbau SECONDED. VOTED UNANIMOUSLY. Closing of Athol and Hotel Road for Old Home Days - Lemon MOVED Athol Road and Hotel Road be closed to through traffic from Route 78 to the intersection of the two roads for August 30, 2008. Abbott SECONDED. VOTED UNANIMOUSLY. Selectboard Reports - Abbott said that a 5-foot wide walkway centered on the flagpole approaching the monument and a 30 inch walkway around the Veterans' Monument should be installed next week and will definitely be in place by Old Home Days. Lemon said that annual reports for FY 08 had been received from the Animal Control Officer, Animal Inspector, Board of Assessors, Cemetery Commission, and Veterans' Monument Committee. She also noted that the 2008 Annual Town Meeting Minutes and annual reports from the Planning Board, Highway Department and Buildings and Energy Committee are ready to be posted on www.Warwickma.org. Lemon reported that the recent Open Meeting Law seminar was well received. The Conflict-of-Interest seminar has been rescheduled for Thursday, September 25 at 6:30 pm at Town Hall. Lemon also reported that the two Town flags ordered by the Selectboard and Women's Guild had been delivered to Lyman Signs earlier in the day and would be delivered to the Town Hall by the end of the week. The Warwick Women's Guild is donating a flag to be flown from the Library flagpole next to the veterans' monument; it will be dedicated during Old Home Days. The flag purchased by the Selectboard will be presented to WCS fifth graders during Old Home Days so they can then present it formally to Statehouse Manager Carol Cornelison to be hung in the Great Hall along with flags from other Massachusetts cities and towns. Senator Stephen Brewer will host a tour of the Statehouse as well. The Women's Guild has reserved a 29-passenger bus to take the fifth graders and other interested members of the community to Boston on Friday, October 17, 2008. the bus will depart from the school at 9 a.m. and return by 7 p.m., at the latest. Town Coordinator Report - Young updated the Town financial model to reflect best estimates of changes to the WCS grant payments by the Commonwealth, the Finance Committee recommendations for the STM, and downward changes to the PVRS budget. Arguimbau MOVED the Board authorize the purchase of extended warranties on the new Highway truck, for the sum of $6,286.00. Abbott SECONDED. VOTED UNANIMOUSLY. Personnel Committee Report - the Board had asked the Personnel Committee for input regarding Article 6 of the upcoming STM, the subject of which is snow and ice overtime for the Highway Superintendent. Chairman George Day reported that the Committee recommends continuity and consistency in procedures from one year to the next, is also looking to develop job descriptions. and had voted not to support contracts for any Town employees or Article 6. Their preference was to possibly raise the base salary, but offer no overtime for FY '09. Abbott expressed his support for Article 6, which was intended to make right what was overlooked at the ATM in May. Young recommended passing over Article 6, since the article is not recommended by the Finance Committee, the Personnel Committee, or Young, himself. Williamson suggested Town moderator Al Mexcur be consulted as how best to handle the issue. Lemon MOVED that the Board not move Article 6 at the Special Town Meeting. Arguimbau SECONDED. VOTED 2 to 1: Lemon and Arguimbau, AYE; Abbott, NAY. Arguimbau MOVED that if Kilhart can persuade highway employees to implement staggered start times the Selectboard will approve overtime at time-and-a-half. Motion FAILED for lack of a second Arguimbau MOVED that the Board approve Tim Kilhart's request for snow and ice overtime at time and one half. Motion FAILED for lack of a second. Lemon MOVED that the Board grant straight time for snow and ice overtime. Motion FAILED for lack of a second. Board members decided not to hold the meeting posted for Tuesday, August 12. Arguimbau Moved that during snow and ice season Kilhart be paid time-and-a-half for up to twenty hours per week and straight time thereafter. Lemon SECONDED. VOTED 2 to 1: Arguimbau and Lemon, AYE; Abbott, NAY. Kilhart agreed to look seriously at Young's cost-cutting suggestions, revisit this overtime policy and report to the board in early February. The meeting was adjourned at 9:20 p.m. Minutes taken by Rosa Fratangelo Calcari and David Young and approved at the August 18, 2008, Selectboard meeting.