February 17, 2007 Minutes of the Joint Meeting of the Shutesbury Board of Selectmen, the Lake Wyola Advisory Committee (LWAC) and the Lake Wyola Dam Management Committee (DMC) LWAC Members present: Bob Thompson (BobT), William "Bill" Elliott (WE), Ralph Armstrong (RA), John Gory (JG), Charlotte Rahaim, and Lauretta Gass (LG) who serves as Charlotte’s alternate. Absent: Skip" Tryboulski and Jeff Lacy. DMC Members present: Leo Riendeau (LR), Paul Lyons (PL), William "Bill" Elliott, and Gate and Dam Keeper: Howard Kinder (HK). Absent: Richard Brazeau. Also Present: Emergency Management Director and Fire Chief: Walter Tibbetts (WT) Board of Selectmen: Chairman Rebecca Torres (RT) and Select Board Representative to LWAC, Ralph Armstrong (RA), Town Administrator: David Dann (DD) and Leslie Bracebridge (LB) recording. BobT: Opened the meeting at 9:07 A.M. and volunteered to serve as LWAC Chairman unless another person was interested in doing so. No one volunteered and with words of encouragement to BobT to continue, by unanimous consent Bob Thompson was elected Chairman of the LWAC. LB: Noted that she has been taking meeting minutes at LWAC meetings due to Select Board presence at the meetings. LB put "fill-in-the-blanks" meeting minutes forms in the desk drawers so that at the point that Selectmen are no longer participating in the LWAC or DMC meetings, others (even a guest) might easily keep a brief record of the meetings, as minutes are required by the Open Meeting Law. Business Review of 2/16/07 Personnel Board Update on Dam Management (Addendum #1.): * The document is the result of a meeting of Town Administrator DD, Emergency Management Director WT, Gate and Dam Keeper HK and the Personnel Board Chairman Penelope Kim (not present) which convened to redistribute the tasks that were formerly done by the previous LWAC and DMC Chairman WE. * Use of the term "Advisory Committee" throughout the document should be changed to Lake Wyola Dam Management Committee (DMC). * Selectmen need the DMC to continue to specifically address compliance with the Massachusetts Office of Dam Safety regulations and dam operation and maintenance guidelines. * LWAC has a broader role than dam management and is responsible for oversight of the 1996 New England Environmental Lake Wyola Management Plan. * RA: Selectmen will "drive" the dam repair project and "delegate" responsibilities to the DMC. * DD: Sees the DMC as permanent for such things as review of dam inspection reports and dam bid specs. The DMC would only be responsible for the dam. * PL: Continuation of the DMC is different from what he had in mind when he signed on as a member. (RT arrived at 9:20 A.M., creating a Select Board quorum.) * RA: The Selectmen are "administratively responsible" for many aspects of the town including the Lake Wyola Dam. Selectmen work "collaboratively" with town committees. Committee members share their committee specific knowledge with the Selectmen. Selectmen use the input that they receive from the committees to make the town’s "administrative" decisions. * BobT: Offered to join the DCM. DD: Others with technical expertise have also offered. RT: Selectmen should also be present at the meetings. * HK, WE and Assistant Dam Manager Kevin Young have the only 3 keys to the existing gatehouse lock. LR will purchase a durable, weatherproof changeable combination lock. * WE will train WT and DD in use of the electronic water level monitoring equipment. * The Personnel Board is developing a Gate and Dam Keeper job description. * The Emergency Management Committee (EMC) is comprised of the Emergency Management Director and Fire Chief, the Board of Selectmen, the Chief of Police, the Board of Health Chairman, the Highway Superintendent and the Town Administrator. * The EAP requires a "table-top exercise" every 5 years: Emergency management officials get together, set out a scenario and discuss what would be done "if this happens." The other towns (Leverett and Montague) should be included in the table-top exercise. * Does Wendell have an emergency plan that would affect Lake Wyola/Shutesbury? Should they be represented in Shutesbury planning? o Fiske Pond Dam is under control of the Wendell Conservation Commission. Fiske Brook provides 1/3 of the inflow to Lake Wyola. o The Truesdale Estate owns two ponds providing 2/3 of the inflow. o Could the Office of Dam Safety require the emergency action plans for the Truesdale estate ponds notify the Town of Shutesbury in emergencies? o WE: Neither dam in the Truesdale Estate is rated "High Hazard" and neither has a large impoundment; WE’s not sure if they have EAP’s. The Truesdale estate has taken its responsibility very seriously. The ponds are not a major threat to Lake Wyola. "MacAvoy Pond" could only cause a couple of inches water level change in Lake Wyola. * Emergency Management Director WT will recommend personnel changes to the EAP at the March EMC meeting. Report of the Feb. 6 meeting of the Board of Selectmen with the Emergency Management Director and members of the Dam Management Committee: o Select Board member RA has outlined a path for Selectmen to follow, and has created a draft letter to legislators that needs to be sent immediately, in hopes of finding outside money to repair the dam. o If there is no response from legislators the dam repair project will have to be more actively promoted at Annual Town Meeting. o The whole situation needs to be presented at town meeting. o Comparison of repairs versus dam removal in a way that presents the importance of the dam to the community. o Lake Wyola Association (LWA) President Tim McBride will be prepared to speak at Town Meeting. o BobT: To take the dam down would entail extreme legal costs that someone would have to identify. This is not something BobT is promoting but he has received letters from two out-of-state lake property owners who would take legal action if the dam were to be removed. o BobT: Suggests copying state Representative Peter Kocot who uses the Lake winter and summer and will do everything he can to promote the Lake. WE: Representative Kocot serves on the Natural Resources Committee and has been supportive of previous funding requests. o PL: Town Meeting has residents from all areas of town. Some voters at the town meeting will have very little knowledge of, nor interest in the Lake Wyola Dam. There is the danger that town meeting discussion can go off on unanticipated tangents. Voters need to hear that everyone is onboard to fix the dam. o BobT: Is telling Lake property owners that the Board of Selectmen, the DMC and the LWAC are showing strong leadership to make the repairs happen. o RA: Concurs all must take a very positive approach. BobT: Has asked LWA President to put together a memo letting members know that things are progressing in a positive way. LG: Suggests a positive message for both the town newsletter and the LWA newsletter. RT: We need to educate the town people who don’t use the lake. Bring people together from both sides. Review of draft letter to legislators: * WE: Reviewed efforts to raise funds a couple of years back. This is the time to move forward. We have the support DCR Lakes and Ponds Division. * PL: Division of state parks has a vested interest in having the dam stay in tact. * BobT: Letters are helpful but personal meetings are better * Final strategy: Send a letter to Kulik and Rosenberg followed by face-to-face meeting with the Select Board. WE: If dam removal isn’t an option, should it be introduced? RT: The question is "floating" out there and people who do not use the lake will ask it. PL: Time may be too short to get information, but it needs to be addressed in some generic way. RA: It is a logical question to ask so we need a logical response. It’s an emotionally charged topic, handled correctly it can strengthen the argument. BobT: If the vote doesn’t get 2/3rds what are the other options? RT: The finance committee has discussed going out for bonding. WE: Finance Committee Chairman Eric Stocker has mentioned this project at town meeting for the last several years so it won’t be a surprise. Estimated costs for removal permitting: $50,000 and removal: $50,000 to $75,000 plus legal costs. RT: We need to think through all the possibilities of what would happen without the dam. Conservation Commission members should define their responsibilities. DD: Both the Capital Plan and Finance Committees have approved the $20,000 permitting cost for repairs. The next meeting of the Lake Wyola Association is not until June, but they communicate regularly. DD: Requested names of potential people to be appointed to the DMC by the Selectmen. WE: Retained "Birds Eye View" for an over-flight of Lake Wyola when the water was 6-feet down. He has some very nice, high resolution photos as well as a personal video. DD: Is keeping in touch with Morris Root. The next joint meeting of the LWAC and the DMC: Saturday in March 24 at 9 AM at Town Hall. Are there other steps before March 24? RT: Any ideas for legal and other incidental costs should be passed to David PL: Suggests an actual calendar to flesh out Ralph’s outline. Carol Samuels (not present) should run her contributions to the LWA newsletter and to the Our Town town-wide newsletter by the DMC. Meeting adjourned at 10:40 A.M. Respectfully submitted, Leslie Bracebridge Administrative Secretary