Shutesbury Board of Selectmen August 19, 2008 Meeting Minutes Members present: Chairman Rebecca Torres, Ralph Armstrong and Al Springer. Also Present: Town Administrator David C. Dann and Administrative Secretary Leslie Bracebridge. Meeting opened at 7:10 P.M. Selectmen admired a framed 1871 Beers Atlas map given to the town as a gift by resident Michael Pill. Al agreed to hang it with strong attachments in the lower entryway where many people will be able to see and enjoy it. Appointments Police Chief Harding: * The new cruiser arrives tomorrow. * Has a draft document regarding discontinuing involvement in the Governor’s Highway Safety Grant because it costs the town money. Long-term waits for reimbursements in one case led to the town having to pay the officers’ wages, fuel costs are not reimbursable and ticket income does not even offset the cost of the fuel. * Officers Justin Wall and Nicholas Chandler are currently sharing the expense of a motel room at $40/day each while attending the Police Academy. Starting next week, Nicholas will be using a New Salem cruiser to commute back and forth to New Salem. Justin, whose commute would be considerably farther than New Salem, has found a room near the academy for $100/week. Is there a way to compensate the officers for room and board? This was not requested originally when the Select Board authorized the training, but the expense is greater than was first anticipated. Selectmen will discuss the room and board costs again. They will also consider that the training will ultimately give the individuals long term gains professionally. The training already is at a great expense to the town. * The Dog Officer has issued citations to dog owners for repeat complaints. * Selectmen unanimously voted to authorize participants in wedding party on Leverett Road to use the school parking lot on August 23. Chief Harding will review the use with school officials. * Town Administrator David Dann reported that he has authorized use of the Town Hall parking lot by participants of another Leverett Road wedding party. * The Leverett, Cooleyville and Prescott Roads project (LCP) is down to “cosmetics” such as smoothing edges, curbing and re-setting mailboxes. The final paving will be in September and will coincide with the town’s complimentary project from Pratt Corner Road to the Leverett line. That lower section will be milled for paving after Labor Day. The library parking lot will be paved at the same time. Selectmen need as much notice of paving as possible. C & A will come back in the spring for more cosmetics and re-seeding. David will inquire if there have been any cost overruns. * C & A will begin LCP “wetland reconstructions” soon. On the request of the Conservation Commission Selectmen unanimously voted to hire Wetlands Specialist Ward Smith at a rate of $80/hour for not more than 5 hours to oversee the wetlands reconstructions. Funds will come from the LCP engineering line with over $4000 still available. Conservation Commission members do not have the level of expertise required to review the work and they are working very hard trying to keep up with work related to the lake drawdown. * Chief Harding will follow-up on a request for a stop or yield sign at the intersection of Pratt Corner and Sand Hill Roads. In the absence of resident Diane Collari who wrote a letter to the Selectmen concerning a Deferred Payment Housing Rehab Loan/Grant available through the Franklin County Regional Housing and Redevelopment Authority, Selectmen considered: * The program could benefit as many as 10 Shutesbury low-income households. * Participation requires completion of an extensive grant application. * Is it realistic to ask the Town Administrator to take on the application with so many other projects already in process? * David suggests that completing the Commonwealth Capital Plan (CCP) application might be more advantageous overall for the town as its completion makes the Town eligible for funding on various things within the state including sustainability projects. David will review the advantages and processes for completing both grants, and report back at the next Select Board meeting. Lake Wyola Dam repairs, funding and contracts were discussed in the presence of Lake Wyola Advisory Committee Chairman Bob Thompson and member William “Bill” Elliott: * Town Administrator David Dann reviewed his research on dam repair funding: * Department of Conservation and Recreation (DCR) spokesperson Linda Wik verified that the funding was appropriated. * Linda understood the complexities of matching the drawdown reconstruction timing with the timing for the release of funds from DCR and agreed a “double contract plan” was a good idea. * DCR Program Director Robin Cardoza identified the override as a reimbursable contract: o No money will come from the state before a contract is signed. o State review procedures that are required before a contract can be signed will not be completed before late September to mid-October. o Once the review is complete, DCR will put forth a contract to the town. * The contractor is very willing to work with the town, including invoicing to access the DCR funds, provided the town is willing to guarantee the full amount of the contract no matter what circumstances develop. * Putting together a timeline of what work can be done in the first month will be important. * Can we get a statement from the contractor saying that he can wait until the funds come in? * Stan Rosenberg’s office will help intercede if the town needs help. * If we don’t wait, the next year’s bids will be higher. * We need to control how the contract is broken up. There’s a finite amount of time to do all the work. * Get the contract language ASAP so that you know what you’re dealing with. * With a reimbursable contract, the date the state contract is signed is the same date starting with which work done by the contractor can be paid for by the state. * The town money we have is sufficient to cover the work through when the contract is signed. * It will be important to use all of the state funds and as little of town funds as possible. * We will be lucky to get through the project with no overruns. That is why we need to go forward Becky: Selectmen will get the contracts out for review by Town Counsel and to people on the Dam Management Committee as soon as they are available. * Selectmen unanimously voted to sign the Notice of Intent to Award the Contract to Tro-Con Corporation. By signing this notice of intent the Selectmen are saying that we have the money and we will pay no matter what happens. Al: “Even if we don’t get the money, it is the best contract that we are ever going to get. Bill: The key word is that it is in the form of an appropriation. Bill suggests asking Stan Rosenberg’s Office to fax a copy of the override vote that contains that language. Bill has not been able to find the wording on line. Regardless, Bill states. “The Select Board line of reasoning is right on. You’re doing what you have to do.” * Clerk of the Works Agreement: The Dam Management Committee saw a need for a more active local Clerk of the Works for the project. Phil Kinder was Clerk of the Works for the Elementary School renovations under the direct supervision of Engineer Morris Root who will be present at least one time per week. The Clerk of the Works will be paid separately, by the town at the rate of $25/hour with an estimated total of $2-3,000. This should be less expensive than Morris Root coming down each time. Selectmen unanimously voted to hire Shutesbury resident Phil Kinder to assist Engineer Morris Root as Clerk of the Works. * A special condition of the Conservation Commission under the order of conditions was for the Selectmen to hire a special environmental monitor to be sure that all of the environmental controls are enforced. The environmental monitor is only overseeing the reconstruction of the dam. Selectmen unanimously voted to hire Ward Smith as the Environmental Monitor for the reconstruction of the dam at $80/hour plus mileage. (The Conservation Commission may hire an environmental monitor of their own, with their own funds to oversee the private projects.) Bill: The environmental monitor was brought about as a result of a MESA requirement to monitor dissolved oxygen. Ward Smith will be using equipment provided to the town under a previous grant. Lake Wyola Dam Management Committee member Paul Lyons has that equipment and is currently using it for the provisions of that previous grant. Bill suggests that Selectmen may want to ask Paul to work with Ward to get the equipment properly calibrated and that Ward get the information into a format acceptable by MESA. * The contract with Morris is up to date and includes this project. The Clerk of the Works contract subtracts out some funds from Morris Root’s contract to accommodate Phil Kinder. So the total cost to the town remains the same. * The pre-construction conference is scheduled for August 25 at 9 AM at the Lake Wyola Lodge with Engineer Morris Root, the Contractor, and the Conservation Commission has been invited. The group will look at the access, the site and the staging area and make sure that environmental controls are clearly understood. (David has communicated with DCR in Boston concerning details of what will be stored and how much square footage will be needed in the staging area.) Morris will talk about the stages of construction. The lake should be fully drawn down by the first or second week of October and the work will proceed. * Becky reviewed the funding process with Finance Committee Chairman Eric Stocker who had joined the Select Board meeting. * Dam Management and Lake Wyola Advisory Committees Chairman Bob Thompson expressed his happiness that the project is moving forward. Bob thanked the Board of Selectmen for the team work in bringing the project together. Becky likewise thanked Bob for his assistance. Becky also thanked Bob for his support of the Shutesbury Market. Selectmen unanimously voted to sign Notices of Intent and hold harmless agreements for Frederick Hartwell and for Arleen Clarke for their work to be completed on town owned property under the high-water mark of the Lake during the drawdown. * Bob: Charlotte Rahaim is sponsoring an appreciation event for Senator Rosenberg and Representative Kulik for his support in the dam reconstruction project. This is a private event initiated by the Lake Wyola Association with no attachment to the municipal government at all. * Howard Kinder has a dozen signs to place around the Lake to notify property owners of the drawdown so that people can get their boats out before they get stranded. David will notify Lake Wyola Association Chairman Noreen Pease tomorrow that Selectmen voted to move forward with the project tonight. * Bill recommended and Selectmen agreed on a letter of thanks with a photo of the thankful sign be sent to Representative Kulik and Senator Rosenberg. Select Board Action Items 1. Selectmen decided to review the August 5, 2008 Select Board minutes at their next meeting. 2. Selectmen signed vendor warrants totaling $99,001.21 and payroll warrants totaling $78,596.91. 3. See appointments above for awarding of contracts for the dam repair, the clerk of the works and the environmental monitor. 4. See above for the hold harmless agreement votes. 5. Selectmen unanimously voted to appoint Joanne Sunshower to the Open Space Committee. Selectmen unanimously voted to accept with great regret the resignation of Walter “Skip” Trybulski from the Lake Wyola Advisory Committee. 6. Selectmen unanimously voted to appoint Terrance “Terry” Smith to the Lake Wyola Advisory Committee. Bob Thompson read from a letter of interest that Terry will bring 15 plus years of civil and environmental engineering experience to the table. Al noted that Terry already assisted the town in reviewing the dam funding. 7. In the absence of any recommendations from either of the two local or state leading political parties, and in accordance with M.G.L. 54 §12, Selectmen unanimously voted to appoint the attached list of people as election officers for the year starting August 15, 2008 and ending August 14 2009 as recommended by the Town Clerk. New Topics 1. In the presence of Finance Committee Chairman Eric Stocker and Board of Health Chairman Bill Elliott, Selectmen discussed the soil contamination at the Fire Station: * Soil contamination was much more extensive than anticipated. A hole was dug from the roadside right to the fire station wall and the soil was still contaminated at either end of the hole. * The initial test results will give guidance of next steps to the licensed site professional. * It was the worst news that could be. * Test bores will be driven to try to find the perimeter. * The pipe to the house that shares the fire station well is 35 feet from where the hole was dug. Removal of contaminated soil may have to go 35 feet more. * The hole dug today has been lined and refilled with clean soil for now. Bill: * Well tests reported to the Board of Health from 50 Leverett Road showed some contamination, well below the standards required. The tests do not trigger maximum allowable values of volatile organics. Even so Bill suggests that the town may want, at some point, to provide another source of water to 50 Leverett Road. * Communication with the property owner is good. She has switched to bottled water. Becky: * Because we know there is contaminated water and because the town is the responsible party, Becky would like to move ahead on getting cost estimates on running a new line from the fire department well and/or drilling a new well for the use of the residents at 50 Leverett Road, even knowing the test results are significantly lower than standards. * David will arrange for the town to provide bottled water for the interim. David: * Help from insurance is doubtful because the site is old and was covered over, and not a fresh spill. * No money is available from the state except for a grant for removal of the tank only. Eric: * Recommends Town Counsel review this whole situation. * This is why the Finance Committee always recommends large amounts of reserve funds. Finance Committee member Bill Wells: * Is there any consideration of or compensation for the fact that the town followed the state recommended treatment in effect at the time the tank was closed? Bill Elliott: * Check into the Franklin Regional Council of Governments Brownfields program. To see if there is money for testing or any other funding. David: * We are following all DEP timelines and procedures so there are no fines. 2. Finance Committee Chairman Eric Stocker discussed preparations for FY10 budget planning: * The Finance Committee would like to send out a letter from the Finance Committee and the Board of Selectmen giving guidance to town departments for FY 10 budget planning. * Logic is to get departments to use less energy and use the savings for capital for energy saving projects. We need an energy audit of all town buildings first. * Following a discussion of meeting jointly and asking (or not) the Energy Committee to join the Selectmen and the Finance Committee on September 9th, Becky opted to invite the Energy Committee as there are a couple of other projects still brewing that need Energy Committee involvement: o Shutesbury Market saves people from driving 20 miles for goods. o The Energy Committee was going to look at how big a wind turbine the town could facilitate and also look at bio-energy. * Bill asked if there is a town-wide breakdown on the budget for salaries, energy, communications, etc. Becky suggests each department review its breakdown of expenses to see how to keep costs lower so we can invest in some big capital projects that we know will save money. * David offered to cut down on his use of paper and copying to cut costs. * Bill recognized that overall the budget for each department is more than energy. Salaries and health insurance are the biggest factors. * Becky agreed. She added that the Energy Committee can assist in engaging departments to come up with innovations. The Energy Committee could sell energy efficient light bulbs at the market. * Al: We’re locked in for fuel costs through the bids and now actual fuel costs are down. Becky: Costs are always down in August. We don’t know what the future will bring. * Eric is looking for a general direction of where we want the budget to be. Becky wants to remain at 2.5% to allow for capital investments. The new library needs to be cost effective for energy. * Al: Maybe we can get a grant for a new safety complex. 2. Ralph made a motion, Al seconded and they voted that Becky be the Select Board Chairman for the coming year. 3. Ralph reported on his attendance at the August 9 annual Lake Wyola Association meeting including election of officers, budgets and their proposed future projects. 4. The Selectmen discussed their August 14 walk through the west side of the Lake area: * They will outline solutions for Locks Pond Road run-off which is what the town is responsible for * Will keep in mind that many of the problems belong to the Association and property owners. * Al reported that he discussed the request to block two culverts under Locks Pond Road with Highway Superintendent Tim Hunting. The Highway Superintendent does not know where else the water could be piped. It cannot be piped onto other people’s property and it cannot all be channeled into the Sawmill River. * Al has reviewed the draft January 2007 Locks Pond Road and Lake Wyola Sub-watershed Storm Water Improvement Study prepared by Scott A. Campbell. Al questioned which of the recommendations are feasible. * The town can add stones immediately and will consider other projects for the future. * Selectmen also discussed a leaning retaining wall that was not properly constructed. Meeting adjourned at 10:00 P.M. Respectfully submitted, Leslie Bracebridge Administrative Secretary 080819 Selectboard 1