Meeting Minutes of the Shutesbury Board of Selectmen With members of the Lake Wyola Dam Management Committee December 27, 2006 at the Shutesbury Town Hall Select Board Members present: Chairman Rebecca Torres and Ralph Armstrong. Also Present: Debra Pichanick (A member of the Board of Selectmen but acting in the capacity of an interested citizen for discussion concerning the Lake Wyola Dam, as advised by the Massachusetts Ethics Commission,) Town Administrator David C. Dann and Administrative Secretary Leslie Bracebridge, recording. Dam Management Committee members present: Chairman William "Bill" Elliott, member Richard Brazeau and Gate and Dam Keeper Howard Kinder. Emergency Management Director and Fire Chief: Walter Tibbetts. Guests: Lakeview Road residents Judy Smith and Kenyon Fairey, and Rattlesnake Gutter Road, Leverett resident Elliott Sherman. Meeting opened at 7:00 P.M. Selectmen unanimously voted to sign payroll warrants in the total amount of $77,218.34 and vendor warrants in the total amount of $53,473.48. Bill Elliott: * Preparing emergency action plans is required by federal law. * An "Act of God" is still the town’s liability. * A template for an earthen dam Emergency Action Plan (EAP) from the federal Natural Resources Conservation Service served as the basis for Shutesbury’s EAP. The goal of the template is for a commonality of emergency action plans across the country. * Shutesbury needs to do some thinking as a town, about the lake. * Engineer Morris Root has made recommendations about how to make the dam safer as a result of this very thorough 2006 investigation and report. * A report concurrence sheet needs Select Board signatures and the Emergency Management Directors’ signatures of the three towns: Shutesbury, Leverett and Montague. The report must be sent to the Office of Dam Safety before Dec. 31. * To avoid confusion, the report and EAP should first be submitted to the Office of Dam Safety; then the town should distribute the state accepted and approved EAP and report to the website and the public at large. Richard Brazeau: * Reviewed inundation maps and distributed the Sawmill River Flood Elevations. (Addendum #1.) A motion was made, seconded and voted to accept the Emergency Action Plan for Lake Wyola Dam and sign the concurrence sheet. (Debra Pichanick did not participate in the vote following the advice of the Massachusetts Ethics Commission.) David will arrange to get officials’ signatures from Montague and Leverett. He will also contact the Office of Dam Safety to find out what their review and acceptance process involves and how the town will participate in that process. He said the EAP will be reviewed on an annual basis. A motion was made, seconded and voted to accept, sign and then send the Lake Wyola Dam Phase I Inspection/Evaluation Report to the Office of Dam Safety. (Debra Pichanick did not participate following the advice of the Massachusetts Ethics Commission.) Richard Brazeau stated his confidence in the way the dam is being inspected and maintained and with the development of the EAP. He said that Leverett is looking at a reverse 911 system. Engineer Morris Root is on retainer for emergency advice. His contract includes preparation of the bid documents for the dam repairs. Bill noted that the contract may require some negotiation for the extra services that Morris has provided. Becky responded to comments of concerned Shutesbury and Leverett residents downstream of the dam and asked for their contact information so that in the future the Select Board can provide them with information about the management of the dam. David asked if the duties of the Dam Management Committee should be expanded to include all issues and activities concerning the Lake. Becky asked that the remaining members of the Dam Management Committee first meet with the Board of Selectmen to address the resignation of their committee Chairman Bill Elliott before they are given additional responsibilities. David will coordinate a meeting of the Selectmen with the Dam Management Committee for January 9, the same night that Emergency Management Director and Fire Chief Walter Tibbetts will be present. Walter said that the new mutual aid agreements for fire aid will be ready for Select Board signatures. Selectmen discussed emergency management budget items. These will be further discussed at the January 22 Emergency Management Team meeting. David announced that the Highway Department will close Cushman Road from Tuesday to Friday next week to install Geotextile fabric for improved drainage. David will tell the Leverett Town Administrator about the Connect CTY for their consideration as an alternative to the reverse 911 option. David will reschedule a meeting with the Pelham Selectmen to discuss sharing resources until the full Shutesbury Board of Selectmen can participate. Selectmen will hold a financial team meeting in the New Year. Selectmen adjourned at 9:20 P.M. Respectfully submitted, Leslie Bracebridge Administrative Secretary 061227 Dam Management and Selectboard 1