Shutesbury Board of Selectmen October 14, 2008 Meeting Minutes Members present: Chairman Rebecca Torres, Ralph Armstrong and Al Springer. Also Present: Administrative Secretary Leslie Bracebridge. Meeting opened at 7:00 P.M. Appointments Police Chief Harding: * C&A is finished with the Leverett, Cooleyville and Prescott Roads (LCP) construction project. The signs are not all in as they are to be done under contract with another company but they will be done. The state engineer is in and out of his office this week and then he will be gone. Tom will ask for a final statement on the finances on behalf of the Selectmen. Selectmen discussed what could be done to get Verizon to replace the telephone poles that should have been moved that are still in the roads. Al Springer gave a written report of his progress in cleaning up loose ends. In the presence of Chief Harding Selectmen took their 7:15 PM appointment with Paul Rich: Paul Rich of Wendell reported being stopped late at night while traveling on West Pelham Road and fined for traveling 15 miles per hour over the speed limit. He wasn’t watching for anything except going home. Paul predicts that over a period of 6 years the $150 ticket plus the surcharge will come to $500 or $600. Paul’s a veteran. In Wendell they don’t give tickets because it hurts the common person too much. The end goal in Wendell is for police to gain the respect and cooperation of the people. $600 fine makes it hard for people to feel compassionate. Paul did not come to the Board to get out of the ticket, but to have the town turn around and look at what it is doing. Often times there is an area not patrolled and people don’t pay attention and may go over the speed limit, but they don’t mean to do anything bad or drive unsafely. Paul suggested that some towns fund their police departments through speeding tickets. Paul wants police to see how tickets affect people. Paul appreciated the fact that Chief Harding paid close attention as Paul told his story. Becky: Appreciated Paul’s sharing his experience. In Shutesbury the line item revenue from speeding tickets is zero; Shutesbury is not funding the department through fines. Police Chief Harding: When he spoke on the phone with Paul last week, Paul reported that the ticketing officer was neither impolite nor negative. The reason we enforce the speed limits is because residents have reported problems. Paul: Responded, “If you give the person who complained a ticket, the person will stop complaining.” Paul advised, “You would be much more effective if you stop a person and check the license and registration and give a warning. That way the motorist gains some respect for the officer.” Al Springer: Travels through Wendell 3 or 4 times per week and had wondered how people can travel so fast; now he understands. Becky: That is not our policy in Shutesbury. She identified one of the most chronic and dangerous speeding spots in Shutesbury, around the corner from the Wendell line. We will respect and maintain the policies of the Shutesbury Police Department. She thanked Paul for sharing his views and closed the discussion. Police Chief Harding continued his report in the presence of Fire Chief Walter Tibbetts: * More residents at the lake are requesting a speed bump on Lakeview Road. * After the Shutesbury police duty officer had gone home one recent weekend night, there was an altercation the Shutesbury Athletic Club causing a minor physical injury to a person and minor property damage to a vehicle. The state police were called in. The Club is conducting its own investigation in addition to the investigation by the state police. As a result, the Club is looking to tighten up their rules for private party functions at the Club. The Club was in compliance with the Memorandum of Agreement (MOA.) There were more bands present than the Club staff anticipated and the incident happened in the parking lot. The Club does not want that kind of incident happening on their premises. It is also possible for the Police Department to modify the schedule through this season of later activities. The Club could also be required to hire officers if a private event is expected to attract a certain number of people. * Fire Chief Tibbetts referred to a June 2007 letter from his department to the Club that discusses the capacity of the Club and activities that would trigger installation of a sprinkler system, as mandated by the recently enacted state of Massachusetts Chapter 304 of the Acts of 2004. The cost of installing a sprinkler system could put the Club out of business. The main drive has to be food, not music and dancing. If music, not a meal is the draw, then the Club could cross the line of needing a sprinkler system. Chief Tibbetts will provide new copies of the June 2007 letter to the Selectmen and Chief Harding. The Club may hold an occasional event with live music and dancing as the major attraction if they first get a permit from the Fire Department. Continuation of Chief Tibbetts’ department report: 1. Soil Contamination at the Fire Station: * Becky: Updated Chief Tibbetts of the letter from Al Stegemann which triggered Becky’s consultation with Town Counsel MacNicol as to who was responsible for removal of the initial load of contaminated soil. * Chief Tibbetts recalled that when the contamination was first discovered in June, a Mass Highway environmental compliance officer “Doug” ______(last name?) originally said that Mass Highway would probably be able to take care of the initial truckload of contaminated soil. * Chief Tibbetts is also checking into the removal of a couple of wheelbarrows of contaminated soil generated from digging the test wells. * Licensed Site Professional Alan Weiss had directed Chief Tibbetts to Massachusetts Department of Environmental Protection agent DEP Anthony “Tony” Kurpaska who OK’d the additional soil going down on the same bill of lading. Tony requested that the Town of Shutesbury continue to transport the soil for consistency. * Becky needs to contact Mass Highway Resident Engineer Brian Bellefeuille that the town will transport the soil. Walter has already communicated with Highway Superintendent Tim Hunting to arrange for the transportation. * The additional 2 wheelbarrows of contaminated soil, the load at Clark’s and the tank will all be transported at the same time. 2. Calls at the Fire Department are at a rapid pace. 3. Two new fire fighter recruits are doing very well at their trainings. An additional recruit is on the first part of her paperwork, followed with a pre-appointment physical, Chief Tibbetts hopes for a third recruit. 4. Chief Tibbetts and Selectman Al Springer met with residents of 50 Leverett Road and planned out the new water line. Al contacted the Board of Health and the Conservation Commission. Licensed Site Professional Alan Weiss needs to look at the plan and then the water line can move forward. Chief Tibbetts will email all parties the results of his calls with Tony Kurpaska. 5. A SAFE grant applied for jointly with Leverett, Pelham and Amherst, and another safety grant are going out in the mail tomorrow. Federal money grants are harder and harder to get and for less money. The safety grant that used to be $15,000 will be $3,000 this year. Funds are now prioritized toward towns with larger populations. 6. Dam repairs: The limiting factors of the water being drawn down are the rocks downstream backing up the flow. The lake level last week was below the sluice gate. Becky sees the “hang-up” right now as the umbrella insurance policy. Becky will call the contractor tomorrow to find out where things stand. Selectman Al Springer reported that he inquired of the Town Treasurer about funding for the soil contamination. Borrowing will require special legislative action. Chief Tibbetts summarized Licensed Site Professional Alan Weiss’s plan to address the contamination. We really won’t be doing anything until next spring. We have a year from the time it was first discovered (June 2008) to file the next step. Alan hopes by March to formulate a plan for the next step. Becky: This will be incorporated into the town budget. The current news reports state that state budget cuts will not cut into local aid at this point; providing question 1 doesn’t pass. Topics 1. Selectmen reviewed the Tuesday October 21 Special Town Meeting warrant. Select Board Action Items 1. No previous minutes were approved at this meeting. 2. Selectmen signed vendor warrants totaling $708,468.85 and payroll warrants totaling $86,317.78. New Topics 1. Selectman Springer showed photos of the Magic Salt bay at the Highway Department. He feels there are enough materials on site, from when the Highway Department was going to complete the shed in-house, for Diversified to complete the shed. He wonders if the $8,000 bid to complete the job does or does not include materials. Al will communicate with Buildings Committee Chairman Dale Houle who was not present. At 8:50 PM a motion was made and seconded to go into executive session for reason #3 and not to resume open session: Armstrong – Aye, Springer – Aye, and Torres – Aye. Open meeting adjourned at 8:50 P.M. Respectfully submitted, Leslie Bracebridge Administrative Secretary 081014 Selectboard 1