Shutesbury Board of Selectmen Meeting Minutes February 6, 2007 Members present: Chairman Rebecca Torres, Debra Pichanick and Ralph Armstrong. Also Present: Town Administrator David C. Dann and Leslie Bracebridge, recording. Meeting opened at 7:03 P.M. Select Board Action Item #: The Select Board unanimously voted to accept the January 9, 2007 meeting minutes after replacing "searches" with "is searching" on the third bullet under appointments on page 1 and replacing "Coalition" with "Children" in the Finance Committee discussion on page 3. The Select Board unanimously voted to accept the January 23, 2007 meeting minutes as written. Appointments Police Chief Harding: * The department is using the new high band radios and is also using low band until all communities in the region are "hooked up" to the new system. It’s nice to have better coverage. * Asked if the new system of producing warrants on Friday can be changed back to the previous Tuesday morning due date. Highway Superintendent Tim Hunting and Fire Chief Walter Tibbetts, who were also present, concurred with the following problems encountered with the new Friday warrant due date: o Payroll warrants are due before the work week ends. This complicates accurate pay for end of week schedule changes such as sick calls, other unanticipated absences, and additional time for police and fire department emergencies and for snow plowing. o It is difficult to accurately correct those changes two weeks later on the next payroll warrants. o Employees wait an extra 2.5 weeks for overtime pay for any work after Friday. For Highway Superintendent Tim Hunting in an average winter, he would be "playing catch-up" all the time for weekend storms. o Payments on vendor invoices that come in between the new Friday warrant due date and the following Tuesday processing date are being delayed an additional 2 weeks. If venders are paid in a timely manner their trust is built up, if they have to wait the full 30 days for payment, they’re not as happy. David: The previous Accountant was available all day Tuesday. The new Accountant comes in after 4:30 PM on Tuesday and Thursday and also on Saturday morning. Becky: Recognized that the three departments had valid reasons for submitting their payrolls after the weekend and said that she would talk with the new Accountant about making a special exception for the three departments (Police, Fire and Highway) that deal regularly with weekend scheduling and overtime. In the presence of Highway Superintendent Tim Hunting, Building Committee member Dale Houle distributed a copy of the parking detail of the Library accessibility project and a breakdown of the cost estimates: $23,225 for the earthwork and $50,000 for the building. (Addendum #1) Dale asked that the earthwork be separated out of the bid package and be done instead by the Highway Department. Dale wants to work with "detail oriented" people typical of small and local contractors. Having the earthwork included in the bid package would discourage small local contractors from bidding because the contractor would have to "sub out" the earthwork. Dale felt that larger companies capable of doing the earthwork themselves, might not be local or detail oriented. Having the Highway Department complete the earthwork would have the effects of lowering the building bids and reducing the earthwork expenses. Funds saved on the earthwork could serve as contingency toward the building and cover the slate roof on the addition, which was omitted in the cost estimate. Highway Superintendent Tim Hunting felt he could bring the parking lot in under budget. It would take approximately 2 weeks and 2 men from the department; time he feels he has to spare this spring. If necessary, he could get assistance with larger equipment through a local contractor for less than would require a bid process. If Tim encounters ledge, in order to get the needed 6 foot depth all around the composting toilet, he suggested blasting. Fire Chief Walter Tibbetts, also present, discussed blasting permitting regulations including notifications, seismograph readings and follow-up complaint procedures. Becky requested that Dale and Tim come back to the Select Board before moving forward with blasting, due to the sensitive historic nature of the town center area. Tim said a hydraulic hammer could be used instead of blasting, for softer stone such as shale, but not for granite. Tim also offered to dig a test hole so the Selectmen could get a sense early on if ledge would be a problem. Tim could also dig the drainage footings. He anticipated running a pipe out to the roadside catch basin. To avoid any possible interference with the Leverett, Cooleyville and Prescott Roads reconstruction project Becky instructed Tim to look at project plans before connecting to the catch basin. With Select Board authorization for the Highway Department to do the earthwork, Dale only has a few details to discuss with the Building Committee and then he will be ready to go out to bid. He is hopeful that the building bids will come in for or under the projected $50,000. Dale originally thought that other necessary library repairs that are separate from the accessibility project, and to be funded by the library, would have been completed before the accessibility project got started. Volunteers have not been as available as had been hoped. The slate on the roof was already repaired. Library Trustees Cliff Read, Amy Beth, Jane Urban and Karen Traub met with Selectmen to request an annual town meeting warrant article for $20,000 for Shutesbury’s one third matching funds for a Library Planning and Design grant that the Trustees have applied for from the state library commission, in the total amount of $60,000: * A 2006 special town meeting vote authorized the Trustees to apply for the grant. * It is likely that the town will get the grant but the official word from the state library commission won’t be available until after Annual Town Meeting. * The planning and design grant would fund assessments, including engineering costs, of different alternatives for a new library building, or renovating either the existing library or another building in town, and then "honing down" the possibilities to one choice for a library expansion. * The Capital Planning Committee did not see the $20,000 match as a capital expense. * While there is at least a four year wait before the next round of library building assistance grants will be available, the state Board of Library Commissioners would like the town to use the Planning and Design Grant funds within one year. * The Library Trustees will appoint a Facilities Needs Assessment Committee to oversee the grant. * Karen Traub distributed announcements: "For the Love of Libraries! Community Library Info Meeting and Chocolate Party" to take place at the Shutesbury Athletic Club on Sunday Feb. 11 from 2 to 4 PM. A motion was made and seconded to put an article on the annual town meeting warrant for up to $20,000 in matching funds for a Library Planning and Design grant. Debra expressed reservation to spend funds for a new library at the same time that funds are being spent on the library accessibility addition. The motion carried unanimously. At 8:08 PM, in the presence of Emergency Management Director Walter Tibbetts (WT), Gate and Dam Keeper Howard Kinder (HK), Dam management Committee member Paul Lyons (PL), Lake Wyola Advisory Committee (LWAC) members Robert "Bob" Thompson (BobT), John Gory, (and Select Board representative to LWAC Ralph Armstrong, RA), Capital Plan Committee member and Finance Committee Chairman Eric Stocker (ES) and Capital Plan Committee and Finance Committee member Lori Tuominen (LT) and Finance Committee member Al Springer, Conservation Commission Clerk Linda Avis Scott (LAS), and other interested persons: Kenyon Fairey (KF), Tim Thompson (TT), Paul Beaulieu (PB), Don LaRiviere (DLaR), David Green, Mark Rivers, Judy Smith, Nick Yarmac, Joe Gory, Mike Turecki, Charles and Audrey Lehane, and John Mackado, Becky (RT) opened a discussion about the Lake Wyola Dam. (As an abutter to the lake, Debra (DP) followed advice of the state Ethics Commission and moved to the audience to participate in the discussion as a resident rather than as a Selectman.) RT reviewed recent activities related to the dam including a number of meetings, development of an Emergency Action Plan mandated by the state Office of Dam Safety (ODS), redistribution of the responsibilities formerly assumed by William "Bill" Elliott, following his resignation from the Dam Management Committee and as Chairman of the LWAC, and the 2006 Lake Wyola Dam inspection report’s recommendations that could potentially cost up to a quarter million dollars for permitting and repairs to the dam. To be ready to do the repairs in September 2007, the town would need up to $20,000 to start the drawdown permitting in March. "Why are we doing it?" There are 100 households below the dam; it’s considered a high hazard dam that must be repaired if it is to stay. "Is there another option?" Not repair the dam and drop from a 129 acre lake to a 65 acre pond. * There are costs associated with each option; not just dollar costs but costs to the community. * The engineer’s report shows problems with the dam. Knowing the problems and not making repairs makes the town more liable. * If the town doesn’t repair the dam, it will be obligated to remove a portion of the dam. Construction costs to remove a portion of the dam would be less than construction costs for making the repairs. Permitting for permanently lowering the lake to a great pond level would be more costly than permitting for repairs. * If the town doesn’t vote funds to repair the dam, Becky didn’t think the state would allow the town to keep the Lake filled and added, "We can’t take the risk of operating an unsafe dam." * The Office of Dam Safety has given the town ten years to accomplish the necessary repairs in the inspection report. TT: What is the life of the dam if the repairs are made? HK: It has to be inspected every two years. RT: These are visual inspections. The inspection just completed by Morris Root was extensive. Repairs should extend the life of the dam. DP: How long can two year visual inspections be done before a new comprehensive inspection must be done and how much do the inspections cost? David Dann (DD): The two year inspections cost $4,000 to $6,000. RT: The town is looking at an on-going relationship with Engineer Morris Root serving as a consultant. ODS gives Morris "very high marks." BobT: The dam has been inspected in the past. In 1977 the town was advised to repair. Nothing has been done up until now. The cost would have been significantly less in 1977. "Lake dwellers" feel a "sense of urgency" to make a decision to repair the dam. There are many impending things such as the purchase and sale of homes and decisions to do additions. The word is getting out; the realtors are saying the value of the properties cannot be determined. Shallow wells are a concern if the water stays down. The town benefits from having the lake in a great many ways: to the tax base, as a social environment for town residents and people from the Lake area participate in town functions. Because 50% of the people who own property at the Lake don’t live here they have to trust the town’s leadership to resolve problems. They need the town to give a very strong indication that they intend to repair the dam. Leaving things in limbo is not a proper approach. KF: Lives below the dam and has trouble sleeping at night thinking about it. Discussion of funding possibilities included: * Have complete resolution: Vote for a debt exclusion override at a March special town meeting to cover the entire cost of permitting and repairs. That would be followed by a ballot vote at the May annual election. A debt exclusion override requires a 2/3rds approval at the town meeting vote. The tax increase ends when the debt ends. * Free cash. * Debt override without debt exclusion - a simple majority town meeting vote; the tax increase is permanent. * "Bundle" the dam repairs with the Capital Plan Committee’s debt exclusion recommendation for a back hoe and highway garage renovations – If want to "accelerate" the dam vote, combining won’t work. ES: Questioned moving ahead right away. The Capital Plan Committee (CPC) discussion was that the ODS requires the dam to be fixed within ten years. Given that information, the CPC recommended waiting for annual town meeting to fund the permitting process. The logic was that the dam is very important to the town and to the state. The CPC wants to be sure to exercise every avenue for state funding in addition to town funding. The dam is also a benefit to Leverett and the region. The town would put forward $20,000 for permitting to make a very clear intention that the project goes forward. If a special town meeting were to fund everything "up front," there would be no option to go to our Representative and Senator for funding. - DD and LAS confirmed Conservation Commission permits are good for three years, once the notice of intent is completed. - Need to clarify/confirm the ODS ten-year recommendation. - About 2 years ago the town became responsible for the dam. In 2002 the state funded projects significantly more than $200,000. DD: The state owns a good number of dams: 200 in poor condition and 20 in unsafe condition. Whatever money is available, the priority is for unsafe dams and those in poor condition. It’s very unlikely that a dam in fair condition would get money from the ODS. ES: Is hoping a bill could be introduced. PL: A well thought out vote may be the one good chance for approval with the right amount of money. Rushing to a special town meeting 2/3rds vote could easily fail. RT: What would be the cost to the lake community to move forward slowly? BobT responded: - Going quickly makes a strong statement for repair. - Taking time may get the "best shot" of approval. (BobT is personally "very concerned" about the 2/3 aspect of debt exclusion.) - The most important thing is for the Selectmen to take a very strong leadership role. LT: Why were things going forward so quickly? RT didn’t want permitting at one vote and project repairs at another. ES: As the last resort he would advocate for the town to fund repairs. The purpose of putting forth the permitting money is to leverage funds from the state: It’s not just Shutesbury’s deal. It’s not a threat. Let’s be fair. The state has money invested in the lake also. PB of Shore Drive: Lake Wyola is one of the freshest cleanest lakes in the state. DLaR: Just moved up here (to the Lake) permanently. If the dam is taken away, how much tax revenue will the town lose? Does it all have to be done at once? Could it be done over a few years? RT: That’s why we’re talking about borrowing for up to ten years with a debt exclusion override vote. DD responded to a question concerning funding alternatives between taking the dam down and repairing it: The engineer said permitting would cost $50,000 to take the dam down and another $50,000 to $75,000 to remove it. TT: Pushing a vote in March makes it seem like an emergency. No matter how good the dam is, it will always be a high hazard dam for people sleeping below. Pushing the vote in March may make the condition of the dam seem worse than it is. PL: Shares concern about breaking the decision up into two critical votes. March is "way too soon." The March date is driven by the work being done in 07. It doesn’t necessarily have to be done in the fall. If the voting can all be done around annual town meeting, and then if the permitting went smoothly repairs could be made in fall, if not we have three years. We could lower the level a little in the fall if people are concerned, and then do the work in the spring. PL doesn’t see a need to rush. RA: Department of Conservation and Recreation Lake Wyola State Park Manager Frank Buntin indicated that we should approach the state. They are one of the largest abutters and they could be very interested. The last thing the state would like to see would be to see the lake drawn down permanently. Take a very structured approach and bring in as many people and groups in as possible. ES: We already have money on the table. We have already funded the study. The town is already appropriating money for an engineer to prepare bid documents. We have the intention to do the project. KF: Asked about lowering the Lake as mentioned at the last meeting. DD: the town has the flexibility to lower the Lake up to a maximum of two feet, and no further without permitting. DP: What if there is a large storm coming? HK: We lower the level. WT: After October 2005 we have much better information for predicting overtopping both the dam and the road culvert. RT: That monitoring device will stay in place. RA: What are the mechanisms to go forward with lowering the water 2 feet? BobT offered to bring that forward to the Board of Directors of the Lake Wyola Association. PL: One of the concepts of the previous meeting: the Selectmen need to take charge of the situation. It’s up to the Selectmen to decide whether to lower the water level for safety reasons. RT: Asked, "Are people comfortable going to annual town meeting for $20,000 for permitting?" DD: The $20,000 is already part of the CPC $60,000 budget. RT: There is still a concern of the realtors. DD: The Selectmen can vote to support the $20,000 for the permitting. ES: The $70,000 spending history (is proof of the town’s commitment.) Funding methods were further discussed. Action Plan: Agree to support the $20,000 for permitting and "feel out the waters" for other funding sources. If there is no luck with alternate funding sources then the Selectmen will rethink the warrant for town meeting. DD: the presentation at town meeting must be as complete as possible. ES: Requested Selectmen write a letter to the legislators: Here’s what we have done. Where’s the money from you guys. PL: State funding would be an earmark and would be known by June. The town would know more during the window between town meeting and a ballot vote. Use "borrow up to" on the warrant, equal to the full project. RT: another option: give the dam to the state. Has anyone asked Leverett about sharing the funding? RT: They paid for the maps with their budget. As owners of the dam that doesn’t feel comfortable to me. BT closed the discussion at 9:21 P.M. and thanked people for coming out tonight. RA volunteered to write a list of procedures for the next Select Board meeting discussion, of how to address the Lake Wyola Dam, for a "running start." Selectmen met briefly with Emergency Management Director and Fire Chief Walter Tibbetts who reported: * Following instruction from David Dann for Walter to be the "point person," Walter contacted Connect CTY concerning their emergency notification system offer: o Shutesbury has an opportunity to get on board with Connect CTY by making a commitment by Feb. 28, 2007 to a pro-rated "stub agreement" of $800 for March 1 to June 30. o With the stub agreement and a commitment to at least the coming year, Shutesbury will be eligible for the $2000/year rate for the next three years, renewable at the commencement of each year, and with the option to back out of either of the remaining 2 years with a 30 day notice before year end. o David will bring the information to the Finance Committee for discussion of the $4200 savings from earlier quotes, if Shutesbury locks in before the end of February. o Connect CTY was "very accommodating to the town’s needs." They will also contact residents who work out of town without additional cost. o Connect CTY advised Shutesbury to consider liability on a Leverett sub-group and suggested that Shutesbury notify Leverett’s key Emergency Coordinators and let Leverett take responsibility for notifying its own residents. o The system can be used to share a lot more information than just announcements concerning the dam. Selectmen unanimously voted to support Shutesbury’s participation in the Connect CTY stub agreement. Topics 1. Future solid waste and recycling hauling contracts were not discussed. Select Board Action Items 1. See approval of minutes at the beginning of the minutes. 2. Unanimously voted to sign vendor warrants in the total amount of $72,192.90 and payroll warrants in the total amount of $77,869.25. 3. Job descriptions were not signed. 4. Unanimously voted to sign a request to the Republican Town Committee for election workers and reviewed the request, sent without Select Board signature, in time for the Feb. 3 annual Democratic Town Committee meeting. 5. Unanimously voted to sign the 2006 Annual Report to the Alcoholic Beverages and Control Commission. 5. Consistent with the previous meeting’s vote to assign to the Town Clerk the duties of Liaison to the Secretary of the Commonwealth for the 2010 federal census, Selectmen unanimously voted that the Town Clerk also serve as Shutesbury’s liaison for the federal census Local Update of Census Addresses (LUCA) Program. Walk-Ins On the request of John Mackado, Selectmen unanimously voted to approve the Special Event Permit Application of the Porcupine Ridge Runner Snowmobile Club for an ice fishing derby to be held on Lake Wyola on February 17 from 7 AM to 2 PM. Old Egypt Road resident Howard Kinder asked of the status of paving Farrar Road: * The state 319 project is finished. * Becky: The town hasn’t paved over any gravel roads without going to town meeting in a number of years, and the Planning Board needs to review the request. It will go on this annual town meeting’s warrant. * Howard will get a copy of the petition and the length of the gravel to be paved to David. David will check in with Highway Superintendent Tim Hunting. A motion was made, seconded and unanimously voted to adjourn at 9:21 P.M. Respectfully submitted, Leslie Bracebridge Administrative Secretary 070206 Selectboard 1