Shutesbury Board of Selectmen
Meeting Minutes
May 22, 2008
Members present:  Chairman Rebecca Torres and Ralph Armstrong.
Absent:  Debra Pichanick who is on a month’s leave of absence for family reasons.
Also Present: Selectman-elect Al Springer, Town Administrator David C. Dann, and Administrative Secretary Leslie Bracebridge recording.

Meeting opened at 7:05 P.M.

Appointments  
 Police Chief Harding:
* Found an academy course (that will take place if a minimum of 36 students sign-up) that a Shutesbury officer could take.  The course fee goes up on July 1.  New Salem will send Officer Chandler so Shutesbury will be down two officers.
* Bike helmets will be distributed to elementary school students.
* Schedule modifications due to vacations were reviewed.
* The next enforcement block for the Highway Safety grant will run through Memorial Day weekend.
* The Leverett, Cooleyville and Prescott Roads (LCP) project has been using 4 detail officers per day.  Work may be starting on Prescott Road next week.  Workers have been running into ledge.  Chief Harding is keeping the website current with best routes to travel.

Resident Nancy Dihlmann:
* Brought a photo of a bench that goes around a tree that she would like to place around the ash tree on the town common in memory of her late-husband Gary Dihlmann who served the town in many ways including Highway Superintendent for many years.
* Nancy will attend the May 14 Historical Commission meeting to discuss the option as the Historical Commission planted the tree in 1989.  A plaque on the ground by the tree contains inaccurate information and its removal was discussed.
* David will bring the idea of the bench around the tree to the attention of the Town Center Committee.
* David will ask Nancy if the town can offer anything to the service.

Fire Chief Walter Tibbetts reported on contaminated soil at the Fire Station:
* The LCP construction crew discovered a strong scent of gasoline in a clay pocket while digging a curtain drain in front of the fire station. 
* A tank leak of 35 years ago had been cleaned up as best as was done at that time.
* A Department of Environmental Protection (DEP) compliance officer was notified, came to the site, took soil samples and got fairly high readings considering the original spill happened 35 years ago.  Because the contamination is not an immediate threat, the town has 120 days for a response action.  
* The same DEP inspector will observe test holes to be dug in June by the Highway Department to see if the contamination is widespread or in a contained area.  If the results are minimal, the inspector will be allowed to continue to oversee the work.
* If results are widespread, a licensed site professional would have to be brought in.  
* Hiring the site professional to write the reports was the expensive part of the recent Highway Garage site de-contamination. 
* Mass Highway has an emergency fund that might be used for decontamination costs of the truck load of soil removed from the site before DEP went to the site.  
* It is hoped that testing will be done in early June before Leverett Road is re-paved, so that the lost Fire Station pavement might be replaced at that time, if possible.
* It surprises Walter that the scent has never showed up during any work previously done at the Fire Department and that it was so strong 35 years later.
* Still, it is not anticipated that there will be much contamination. Chief Tibbetts will keep the Select Board informed.
2. At the May 5 Emergency Management meeting Bonnie Roy from FEMA talked about Shutesbury’s Continuation of Operations Plan (COOP).  She also described her role as the person in charge of reviewing the Lake Wyola Emergency Action Plan (EAP). It was explained to Bonnie that the town would like to distribute the plans, but did not want to distribute them only to have them called back for revisions.  Bonnie subsequently called Chief Tibbetts and said that it was a very good EAP, better than a lot of plans that she has seen, short of adding contact numbers for Montague residents in the flood zone.  Bonnie will write her report for FEMA, and send it to the Department of Conservation and Recreation Office of Dam Safety (DCR/ODS) and to Engineer Morris Root.  She felt comfortable for Shutesbury to print and distribute the plan because she predicted it would be at least a year before Shutesbury hears from the Office of Dam Safety. A call will be made to Select Board member Debra Pichanick to learn if she plans to resign which she is talking about. If so, and if it would not be offensive, Selectman-elect Al Springer’s name will be substituted for Debra’s in the EAP. 
3. Board of Health Chairman William “Bill” Elliott reported that Bonnie had also said that the COOP for the Board of Health that was produced a year ago is more “user friendly” than the method suggested by Homeland Security and could serve as a model for other town departments.
4.  Requests for Fire Department volunteers both in the town-wide newsletter and on town meeting floor have brought forward one possible volunteer firefighter, some possible auxiliary help and so far, no firm commitments. Ralph suggested a town-wide party to call attention to the fire department need for volunteers.  Luckily 3 out of 5 department members are here in town in the day, and they have had good participation from those firefighters.
5.  The new brush truck is painted and fitted with required items and could be used if needed; one more day’s work is needed to completely prepare the truck for service.  

Board of Health (BOH) Chairman Elliott discussed proposed BOH regulations concerning septic systems and nitrates:
* The Select Board has retained Alan Weiss to fill in for Jesse Schwalbaum who cannot be present at the May 21 BOH public hearing continuation.
* Bill feels Al Weiss is “the best” septic system engineer in the valley and is pleased that Alan Weiss will be present at the public hearing.
* The Deerfield Board of Health invited Bill to give a presentation on Shutesbury’s proposed regulations and on why the 440 gallons per day is not appropriate for Shutesbury.  Alan Weiss was in attendance and received a copy that night.  Revised draft regulations have also been sent to Engineer Weiss.
* Alan Weiss has all of the credentials that Jesse has and is also a licensed site professional which add to his experience and knowledge.  
* Alan’s hourly fee is the same as Jesse’s - $125/hour.  He has been asked to review the proposed regulations and actively participate in the meeting with a cap of $600 for his services to come out of the legal expense line.
* Bill described the two major differences between the new and old versions:
   1.  The sub-surface geology has been expanded upon slightly after consultation with Shutesbury resident and geologist Alan Werner who consulted with other area geologists. Alan Werner re-wrote the language in section 3.  Section 3 still states that well water is derived from surface waters that settle down through bedrock fractures and fissures.
   2.  Removal of the 220 gallon per acre per day cap from the requirements for a septic system, so if a design incorporates additional recharge the reward will be additional bedrooms.  
   3.  Bill predicted that Alan Weiss will bring a different perspective to the hearing.

Topics
1.  In that the Moderator Hayes intends to resign as he will be leaving the area in June, Selectmen will hold an election for Town Moderator at either the September primary if allowed by statute or at the November state election.
2.  Selectmen discussed having an All Boards Meeting on September 23.
3.  Selectmen unanimously voted to switch the elevator service and repair contract to the Independent Elevator Company operated by resident Marcus Rose of 32 Shore Drive in Shutesbury when the current contract expires in September.

Select Board Action Items
1.  Selectmen unanimously voted to approve the April 29 minutes with an amendment to the section of the meeting with Notice of Intent applicant John Gorey, to better capture the intention of communicating to Mr. Gorey that once the town removes over 100 cu. yd. of muck, a “401” permit will be required. Getting a 401 permit would take so long as to delay the dam project.  She reported that the Lake Wyola Advisory Committee (LWAC) members at their previous meeting had acknowledged that repairing the dam is a top priority over individual projects.  Becky had asked John if he agreed with the opinion of the LWAC in light of any expenses that he might incur or may have incurred for his project and he said, “Yes.”   
2.  Selectmen signed vendor warrants totaling $80,513.08 and payroll warrants totaling $83,874.03.
3.  Selectmen unanimously signed a contract with Sonam Lama in the amount of $1,540.00 for a 30’ long 2’ high stonewall that will drop down to 8 inches in the last 10 feet, that will withstand a parking lot at the Library.
Unanimously voted to sign and payroll warrants totaling $.                 
4.  Selectmen unanimously voted to sign a FEMA 1701 (Federal Emergency Management Agency) contract for a $5,860.21 reimbursement for repairs to a Cooleyville Road culvert and other road repairs caused by the April 2007 northeaster.
5.  Unanimously voted to authorize the Library to use the town common and in the case of rain, the lower level of town hall for a June 8 fly fishing event, and other summer reading celebrations on July 13, August 6 and August 25th.
6.  Selectmen did not sign a hold harmless agreement for Mark Rivers.
7.  Selectmen held no discussion of appointment of a Community Preservation Act Committee member nor of a charge for the committee.
8.  Selectmen unanimously voted to authorize Town Administrator David Dann to approve the Franklin Regional Council of Governments (FRCOG) low bid for gasoline, diesel and heating oil for Shutesbury following the FRCOG bid opening as an answer is needed by June 4 before the Shutesbury Selectmen have their June 10 regular meeting. 
9. Unanimously voted to sign the warrant for the Override Election scheduled for June 10 from 7 AM to 8 PM at the town hall.
10.  Selectmen unanimously voted to sign special event forms for the Lake Wyola Association for a June 22 Road Race, a July 5 Steak/Chicken Roast and dance, a July 19 swing dance and an August 2 beer and wine festival.
Walk-Ins 
Highway Superintendent Tim Hunting:
1. Requests changing the Highway Department work hours from 5 eight-hour days to 4 ten-hour days during daylight savings time.  
* Wendell, New Salem, Bernardston and Leyden already have 10-hour days.  
* It would save gas commuting to work for the employees. 
* Crew member may leave Shutesbury to work in neighboring towns where they already have the 4-day work week.  Leverett is considering a 4-day week right now and is hiring.  Already Leverett’s highway crew work extra hours on Wednesdays and take off Friday afternoons. 
* The main issue would be rainy weather for a couple of days in a row.  In that event, the crew might be able to work the Friday and take the following Monday off.  
Select Board responses and questions:
o Question of operating heavy equipment over a ten-hour day rather than 8 hours.  Tim:  We work all night in the winter.  The argument could be made that the crew could finish a job in the extra two hours that they now have to close up and return to the next day.  
* Not yet comfortable with the concept that no one would be available for road emergencies on the fifth day.
* What are the implications for overtime?  
* It is important to keep the crew together.  Tim:  a crew member could go to Leverett if the Selectmen wait until June to decide. All three crew favor the four-day work week.
* Daylight changes in September.  Could it be limited to June, July and August?   Tim: New Salem does it according to daylight savings time and they don’t have problems there.  The proposed hours would be 6:30 AM until 5:30 PM with a 30-minute lunch.
* Selectmen will see if the Personnel Board wants to review it at a  May meeting, the Town Administrator will consult with town administrators in the listed towns for how it has worked in those towns, and the Selectmen will review that information and make a decision at the May 27 Select Board meeting.  They need time to consider the request and to have good reasons for the decision they make. 
Becky concluded that the overtime and crew flexibility to change work days in the event of major storms will be the big issues.
2.  Complaints of potholes on Leverett Road near the Pratt Corner Road intersection, below the Locks Pond Road hill, on the “S-curves.”  Tim:  Will address them tomorrow.
3.  Tim reported that the Leverett, Cooleyville and Prescott Roads project came into ledge near the town center.  The workers seem to be “dealing with it.”  Tim watches “here and there.”  The state engineer is there to watch over the project.  
4.  The Highway Department roof and repairs have gone out to bid.

A motion was made, seconded and unanimously voted to adjourn at 9:40 P.M.
Respectfully submitted,

Leslie Bracebridge
Administrative Secretary
080513 Selectboard 1