Shutesbury Board of Selectmen Meeting Minutes September 4, 2007 Members present: Chairman Rebecca Torres (arrived at 7:15 PM), Debra Pichanick and Ralph Armstrong. Also Present: Town Administrator David C. Dann and Leslie Bracebridge, recording. Meeting opened at 7:05 P.M. Appointments Chief Harding: * State police continuing investigations in area towns that experienced recent break-ins. Chief Harding will focus on Town Hall building security including key recalls and issuance of new alarm codes. * Request made to Chief Harding to slow traffic on Leverett Road. Traffic volume and speed has increased with the opening of schools. * Rescue boat was in operation over the weekend. Praise to Sgt. Robinson, Officer Gelinas and Fire Chief Tibbetts who all gave a lot of time to preparing the boat. Board of Health Chairman Elliott and members Catherine Hilton and Arleen Read: * Introduced and recommended Robert McCormick as a new member to the Board of Health * Robert is a former director of the HIV clinic and Public Health Department in Lowell, then did clinical work on HIV in Africa, and now lives in Shutesbury. A motion was made and seconded to appoint Robert McCormick to the Board of Health by role call vote: Armstrong – yes, Torres – yes, Pichanick – yes, Elliott – yes, Hilton – yes and Read – yes. Mr. McCormack was sworn in by the town clerk so that he could begin his duties at the September 5 Board of Health meeting. In the presence of former Dam Management Committee Chairman Elliott, Emergency Management Director Walter Tibbetts reported that he had: * Received a Labor Day call at home from Department of Conservation & Recreation (DCR) Office of Dam Safety Emergency Action Plan (EAP) reviewer Joe Russell. Mr. Russell had found deficiencies in the Lake Wyola Dam EAP. * Mr. Russell recommended that Shutesbury send a letter requesting an extension in order to complete the missing items and to prove, by copy of a contract, that the town would hire a professional EAP preparer to properly complete and submit the Lake Wyola EAP. * It could cost $8,000 if the inundation map has to be re-done. Other deficiencies might cost $2,000 to correct. * Bill Elliott: The inundation map was done by DCR Engineer Richard Brazeau and should meet the DCR standards. Dam Engineer Morris Root provided Richard Brazeau with the data. It is Bill’s understanding that the map met DCR standards. Selectmen agreed: * Before hiring a professional EAP preparer, they would need something in writing detailing what the Office of Dam Safety sees as deficiencies. * It’s important that Engineer Richard Brazeau call the Office of Dam Safety to understand the deficiencies and to explain his map to the Office of Dam Safety. Selectmen unanimously voted to sign a response letter indicating the Selectmen are reviewing the information and will hire a consultant, if needed, for compliance. Library Trustees Cliff Read, David Cormier, Karen Traub and Building Committee members Dale Houle and Robert Groves discussed funding of Library Accessibility and repairs: * Discussion of funding Library repairs through the trust funds ear-marked for up-keep and maintenance of the Spear Building or Building Committee funds. * The Spear Library has $35,808 in trust funds. Trustees don’t feel that they can expend the full $24,600 shortfall in the projected costs of the Library access/renovations project from the trust funds. * Trust funds are being used for recent membership in the Central/Western Massachusetts Automated Resource Sharing (CWMARS) at $5,500/year, with a current 3-year minimum commitment. As part of the accessibility project Library Trustees decided to become a part of CWMARS so that house-bound people can call up databases from home. * Income from the trust funds is averaging $6,000/year. The Trustees have applied for grants to help pay for it. * Library Trustees anticipate being able to cover the CWMARS membership dues and offered $18,000 in trust funds toward the $24,000 shortfall in funding for the Library Accessibility and repair project. * In the last 2 years Trustees used $500 of trust funds for roof repairs. Most previous trust expenditures were for furniture and computer equipment. Trust funds cannot be used for salaries nor can they be used for acquisitions. Building Committee Assessment of Church Repairs: Dale Houle & Robert Groves and residents: Karen Baronas, Phyllis Cote, Mary Dihlmann, Kathy Steve, Greg Steve, Karen Czerwonka, Marilyn Tibbetts, Al Springer, Steve Puffer, Walter Tibbetts, Barbara Goodhind, Ted Cumberledge, Weezie Houle and Julie Taylor by speaker phone. Also, non-residents: Pastor John Blunt of the Valley Life Assembly of God in South Deerfield and Linda Hanscom. * A June 19, 2006 the Buildings Committee tour, looked at the good and bad structural aspects of the church with church representative Theodore “Ted” Cumberledge. The Committee goal was to do something about the physical condition of the church before something catastrophic happened. * The Buildings Committee has no plans for the church, though the Library Needs Facility Assessment Committee (LFNAC) is looking at the church as a possible future Library site. Nothing is concrete. The benefit of the church as a Library site is that it is on the town common and it appeared to be an empty building. * Ralph consulted with Town Counsel MacNicol because he thought there were clauses that would cause the church to revert back to the town, but town Counsel MacNicol feels that Massachusetts courts would not support that. * Selectmen asked Pastor John Blunt, “Who owns the church on the Shutesbury town common?” * Pastor Blunt: has Shutesbury (and other outlying community) families in his South Deerfield church. It’s not realistic to schedule a spiritual life to commute to all the outlying areas. He has been successful in establishing ministry programs in other outlying towns. o Has come to Shutesbury to provide care and hope for Shutesbury families through a casual ministry experience (that would also meet Shutesbury citizens’ commute needs.) o He did not come with a desire for the building, but the building exists and it needs a Pastor. o A church is a corporation: The church board deals with the legal aspects of the church including things such as insurance and legal questions. o The Pastor and the president of a church board come together to meet. o He described some Shutesbury residents that he has met as “sheep without a shepherd.” o Offers counseling and networking to expedite some Select Board questions. He desires to be a “facilitator” to help the process. o The “biggest dilemma” is that the church does not have a corporate structure. * Becky asked Pastor Blunt to comment on membership. * Pastor Blunt: Membership consists of people who agree with the church doctrines. Card carrying members commit both their families and financially to the future of the church. John feels Ted and Mary are members. One needn’t be a member to go to a church. * Becky: Selectmen are trying to decide who makes decisions about the structure. Is there an umbrella organization for funding a structure of that magnitude? Is there any support available? * Pastor Blunt: is trying to track down answers to those questions for this church. Every church denomination has a different super-structure. o It is not unusual in this day and age for churches to help other churches. o He is a member of a church counsel that meetings monthly to support and pray for each other, a unique aspect of today’s church leaders. * Karen Czerwonka states that she was born and raised as a Congregational Baptist. The church is very important to her and she thinks a “committee” should make it into a church again. * Linda Hanscom is president of the Pelham Historical Society (and owns and rents out two homes in Shutesbury.): o Linda might have legal documents from the years when she and family members before her attended the Shutesbury church. o Thinks that historically, the church is one of the most important focal points in Shutesbury. o Has pictures of Shutesbury Old Home Days and other celebration days. o Doesn’t know the decision-making answer. o Believes there are many more members than the two named members. Seven though she has not recently attended services here, she feels that she is a member of the Shutesbury church because she has never withdrawn her membership. o It has come to this point in time when the people with a long history with the church are becoming concerned with the church. o Volunteered to become a part of the group. o Thinks it’s important to preserve history: “If we don’t, it’s gone forever.” * Becky: Trying to understand at what point does someone drop off? If members have not maintained financial contributions? * Linda Hanscom agrees the corporate portion of the church is gone. * Bob Groves: The church doesn’t have unlimited time. It’s a significant building. o It’s a hazard. Slates could come flying off the roof. o Who’s in charge? Who’s going to pay for it? “It’s a possible “black hole.” o Has no problem with anyone stepping forward and taking over the building. The town becomes the “institution of last resort.” o Maybe the town could become involved and make it a community building. * Leslie: In answer to a question about use of historic grant funds: o Believes that Massachusetts Historical Commission (MHC) grant funds require a property to be on the National Historic Register and MHC must nominate a property for the National Historic Register. o A standstill was reached at a previous community meeting at which representatives of the MHC were present. MHC wanted a historic district which included many private properties. Residents wanted only to place town-owned properties on the Register. MHC officials declined to consider that option. * Becky: The building is in the middle of our town common. It hasn’t been maintained. There are severe problems that have to be addressed. * Pastor Blunt: Was pastor of an 1899 Brockton church. Repairs challenged that congregation. It’s very helpful to understand that cooperation is vital between “us” and “them”. Separation of church and state provides for accountability. City Counsels never want to say to a church “you have to do this by such and such a date,” but a church is not going to last indefinitely without repairs. The Brockton church had to address the city code. The city had the responsibility to enforce the codes. One thing a church needs is proper accountability. A church can be restored if the parties involved think and work together. Ted offered to get the legal documents that he has together by the end of the month. Weezie suggested that a call to the Attorney General’s (AG) office because all non-profits have to file with AG. Steve Puffer travels 20 miles one way to a Northfield church. He was a member of the Shutesbury church. Karen Baronas: It was a very active church. We need a minister to hold things together. Marilyn Tibbetts: Was married in the church. Ted: The occupancy permit is up this month. The furnace has been serviced, broken windows replaced and fire extinguishers re-charged. Pastor Blunt: Suggests starting with “Alpha Ministry” – Non-Denominational Christian fellowship where the main ingredient is a hot meal and basic Christian doctrine; sitting across a table breaking bread together, problem solving together, using “hot strings” rather than “red tape.” The intent is to do this on Thursday evenings. It’s a well-known program used in the valley. We submit to whatever the building inspector says. The building needs to be used. Once life is restored to the building, the community gets involved. If the building is empty, it’s not going to happen. If nothing else, Alpha Ministry is a setting for a discussion. Julie Taylor: stopped into the church when the door was open today. Another woman stopped in and sang out of the hymnal. It was delightful. Kathy Steve: Three people stopped in while she was cleaning and took photographs. Weezie Houle: Suggested an information table at Celebrate Shutesbury and have the doors wide open. Pastor Blunt: It is demonstrated here tonight none of this would have happened were it not for the Buildings Committee and the Select Board concerns. There are no bad guys. Move forward: Everyone should do what they’re supposed to do. Becky: The essential ingredient is the renewal of life at the church. If that doesn’t happen they need to think of another entity to become responsible. The town can’t go over and take down the steeple and do the repairs under different membership. Karen Czerwonka: The church used to send out letters to new members of the town. Need a vibrant minister who is interested in the church and the town. Dale: From a practical aspect the Selectmen will have to give everyone time to deal with the $150,000 - $200,000 required. If the building is going to go on, it’s going to require that kind of money. Bob Groves: The town needs to know who the legal entity is that they are dealing with. Becky: The understanding is that it’s the members but we need to go through the constitution and the bylaws. Ted will do that when he returns to town. Julie Taylor: No one knew all of this was going on. People are now aware and rising to the occasion and that’s a very good thing. Becky: -Set up a table at Celebrate Shutesbury -Closed the gathering at 9:30 P.M. Highway Superintendent Tim Hunting and Milton CAT representative: David investigated with Inspector General on the “Bid specs” for the backhoe: No Chapter 30 B violations but there are some ways to improve the bid spec documents with indicated language: “that if a manufacturer does not meet the bid specs the town will accept its equivalency and that the town reserves the right to determine what is of equal value.” o Tim: summarized the process used to develop bid specs. o Milton Caterpillar Representative: Our machine is the biggest and heaviest. The competition could have bid the next size up. o There has been no official contest in writing at this point. o Tim – we’ll have the equipment for 20 years and want something that you can work with. o Becky: The Capital Plan Committee was created to develop a rotation schedule for purchasing large items. o The Inspector General did not require the town to go back out to bid. He only made recommendations for improved wording. A motion was made and seconded to not go out to bid and to proceed with this bid contingent upon a written statement from the Inspector General’s Office reiterating the report the Selectmen heard tonight... Topics 1. See church discussion above. 2. David had engineering plans for the Ames Brook culvert under Wendell Road for Select Board review. Select Board Action Items 1. Selectmen unanimously voted to accept the August 21, 2007 meeting minutes as written. 2. Unanimously voted to sign vendor warrants totaling $63,515.00 and payroll warrants totaling $83,136.94. 3. Selectmen unanimously voted to sign a letter to Governor Patrick in support of appropriating climate protection grant funds to municipalities in FY 2008. 4. Selectmen unanimously voted to sign a contract with Northeastern Services for the Library Access Project in the amount of $69,300. Northeastern hopes to start next Monday or Tuesday. The paving will be the last thing done; not before October. 5. Selectmen unanimously voted to appoint Aaron Addison to the Shutesbury Leverett Broadband Committee and to appoint Susan Essig, Dan Hayes, Jeff Lacy, Veronica Richter, Geoffrey Rogers, Joanne Sunshower, Janice Stone, Dan Lass and Susan Steenstrup to the newly created Open Space Committee. Selectmen unanimously voted to appoint Jen Davies to the Recreation Committee. Jen Davies will be asked to recruit Liz Lacy to the Recreation Committee. Ralph recommended that the committees pursue an understanding of the standards of the Open Meeting Law relative to the new technology tools available to the committee. Hugh Harwell offered clearer mission statement that will be on the next meeting agenda. 6. Selectmen unanimously voted to authorize the Library to use the town common for the end of summer reading program from 4 to 6 PM and the town hall in case of rain. New Topics The town needs to make sure that there are no cost overruns in excess of 10% of the contract amount for the Leverett, Cooleyville and Prescott Roads (LCP) reconstruction as the town will be required to pick up those overruns. Comparison was made to South Hadley where the state is going after the contractor to restore overrun funds to the town. Mass Highway does not like contractors to go over budget. The August 31 Town Administrator’s Report suggests staging LCP equipment behind town hall. The area had not previously been considered, people use that property for recreation which raises a concern about liability and the septic system and leach field area would need to be avoided. The Selectmen need to walk the areas behind Town Hall, the Highway Garage and Lot O-32 and talk to committees to prioritize LCP staging areas before meeting with Mass Highway representatives. Walk-Ins Steve Puffer: 1. Questioned progress with a zoning violation at 399 Leverett Road. Franklin County Cooperative Inspection Program Building Inspector Jim Cerone provided David Dann with copies of letters sent to 399 Leverett Road property owner Barry Roberts. A March 2007 letter notified Mr. Roberts of the zoning bylaw violation and warned that continued use of the garage in this manner would need a variance from the Zoning Board of Appeals. David Dann will follow up to see if the complaint has been filed in the Franklin County Housing Court. 2. Steve Puffer and his wife want to donate driveway gravel for the library driveway from their property. Further, Steve recommends that the Highway Superintendent keep track of the hours and equipment used during the Library project to know how much they have provided to the project. David suggested that the town also write a letter to the Puffers putting a monetary value on the gravel donation. Steve wonders if the material taken out of the library project to store it at Lot O-32 and screen the materials and get beautiful top soil and stones. A motion was made, seconded and unanimously voted to adjourn at 10:45 P.M. Respectfully submitted, Leslie Bracebridge Administrative Secretary 070904 Selectboard 1