Shutesbury Board of Selectmen December 28, 2009 Meeting Minutes (As amended and approved 1/5/10) Members present: Chairwoman Elaine Puleo and Al Springer. Also Present: Town Administrator Rebecca Torres and Administrative Secretary Leslie Bracebridge, recording. Meeting opened at 5:00 P.M. Topics 1. Springfield's Department of Environmental Protection (DEP) officer Eva Tor has indicated to Becky in an email that the American Recovery and Reinvestment Act (ARRA) stimulus funds can be used for clean-up of soil contamination and Shutesbury's project is eligible for use of that money. The question of how much Shutesbury will have to pay back is not answered. Eva will talk with Becky on Tuesday, December 29. Becky will schedule a meeting in Worcester for the Selectmen with DEP officials. Selectmen expressed interest in getting a meeting sooner rather than later to show their strong interest. * Becky thanked O'Reilly, Talbot & Okun's (OTO's) Jim Okun for his help to this point and told him the Selectmen had decided to instead go with the LUST funds than accept their phase II and III bid. Selectmen will send a letter of appreciation and an offer to give a positive referral of OTO's services if that would ever be useful to OTO in the future. * Becky has been working with Consultant Alan Weiss. Alan needed letters saying he is the Licensed Site Professional (LSP) for the December 2009 Incident Response Action both for the DEP and for the Department of Conservation and Recreation's Jeff Lacy (also a Shutesbury resident) because of the water's end destination into Quabbin Reservoir. * Consultant Weiss walked the wetland yesterday and will talk with Emergency Management Director Tibbetts about the action management plan. Consultant Weiss wants the wetland fenced off with galvanized chain link fence with a no trespassing label. Consultant Weiss doesn't feel it is high hazard area, but he does not want children playing in the area and stirring up the water. Selectmen speculated that a snow fence or plastic mesh fence might do for now at less expense to the town. * An Initial Response Action (IRA) plan is due at DEP 60 days from December 2 (February 1.) A status report will be due 60 days later and every 6 months until completion...which will be rolled into phases 2 and 3. * Since there can only be one LSP on a project, once DEP takes over with the LUST program they will hire an LSP who will take over for Consultant Weiss. OTO is not on DEP's brown-fields list and so will likely not be invited to bid on the project. * Becky has forwarded lab reports from DEP samples to Oil Recovery Inc. Oil Recovery Inc. needs to take additional tests of contaminated matter to the oil recovery company, so the company can haul the contaminated materials away. Select Board Action Items 1. 5:45 PM a motion was made and seconded to go into executive session for reason number 3 and not to resume open meeting: Springer - aye, Puleo - aye. 2. Selectmen unanimously voted to approve the minutes of 12/22/09 as written. 3. A motion was made to sign an amended contract with Waterline Industries for a 5 k Watt pole mounted solar panel array for behind town hall containing the new statement, "Contract is contingent upon additional funding from Commonwealth Solar Rebate 2 or other grant funding beyond the Clean Energy Choice grant." If Shutesbury doesn't get the money, funds will be taken out of the funds put aside in the alternative energy line of the current fiscal year budget. One way or another the project will happen. The amendment to the contract, allows Shutesbury to hold off until the town gets clarification of further grant funding. Selectmen unanimously voted to sign the amended contract for the solar panel array. 4. Selectmen unanimously voted to sign a Notice of Intent of Arthur Keene to do Lake Wyola waterfront retaining wall work and to construct a seasonal dock that extends onto and over town land under the water. New Topics 1. Selectmen acknowledged receiving feed back concerning a sign situated at the intersection of Wendell, Leverett and Cooleyville Roads announcing Community Church activities. The sign is on private property and as far as is known is in conformance with the sign bylaws; no action was taken. 2. No one present was able to understand the meaning or intent of a letter sent to the Town Clerk and copied to the Selectmen from Lewis B. Sckolnick of 130 Rattlesnake Gutter Road in Leverett so the Board will take no action. 3. Selectmen received a letter from resident Jeff Lacy concerning the Highway Department plowing too much during the previous storm, predicted to be a northeaster but in reality being a minor snowfall in the local area. Selectmen also received feedback that the Highway Department should plow more, not less. Selectmen can't make everyone happy. Selectmen were in agreement that plowing is a safety issue for the town. Becky will write a response letter thanking Jeff Lacy for his concern that the Highway Department plows the roads too much. The letter will explain that the Select Board's concern is for safety and they will err on the side of safety at all times. A motion was made, seconded and unanimously voted to adjourn at P.M. Respectfully submitted, Leslie Bracebridge Administrative Secretary 091228 Select Board 1