Shutesbury Board of Selectmen Meeting Minutes July 24, 2007 Members present: Chairman Rebecca Torres, Debra Pichanick and Ralph Armstrong. Also Present: Town Administrator David C. Dann and Administrative Secretary Leslie Bracebridge, recording. Meeting opened at 7:06 P.M. Appointments Police Chief Harding: * Lake Wyola Association beer tasting event, 300 participants, no problems. * Water rescue boat can be used; it needs decals, to be stored at the Fire Station. * To attend a Lake Wyola Association (LWA) meeting to discuss swimming safety buoys. Chief Harding interprets the town’s boating bylaw to be more stringent than the state law, and requiring that swimming areas be designated by the Board of Selectmen, the LWA or the Department of Conservation and Recreation. * Signs at boat ramp combining LWA rules and town bylaws: one illegible, one too high in a tree. How to fund a new sign? - Consult Conservation Commission. * Request to add New Salem, Leverett and Sunderland to the list of area Police Chiefs desiring inclusion in the proposed law enforcement mutual aid agreement. Selectmen will write letters to the Pelham and Wendell Boards of Selectmen inviting them to join as well. Selectmen voted to adopt the Law Enforcement Mutual Aid Agreement for the Town of Shutesbury. Debra abstained from the vote so that the action would not be delayed. In the presence of Town Buildings Committee member Dale Houle, and residents Al Springer, Phyllis Cote, Mary Dihlmann, Kathy Steve, Kathy Carey, Weezie Houle, Barbara Goodhind and Julie Taylor (by speaker phone) the Select Board discussed ownership of the Church on Town Common. * David summarized a telephone conference call with Town Counsel MacNicol concerning deeds of the church and parsonage. o Town counsel advised that if there is no reversionary clause in the deed than the people in the congregation own the church and can decide what will happen to it. Ralph has since studied the deed and states he finds no reversionary clause. o A question of how the present membership is defined was unanswered. * Dale reported on a June 19, 2006 tour of the church by local restoration builders concluding that something has to be done fairly soon. * As a member of the Library Facility Needs Assessment Committee (LFNAC) Dale: o Town should have a use in mind for taxpayer support of church repairs. The LFNAC is just beginning the process of evaluating choices for expansion. It has not been determined if the church is a suitable site. o Use as a library would involve a couple thousand square foot addition. Additions to historic churches are allowed by the Mass Historical Commission if the additions are done to the Massachusetts Historical Commission specifications. * Selectmen are gathering legal information. o Any question of whether the town would buy the church would be brought to a town meeting vote. o Without ownership, the town has no right to make decisions about the church, and yet, were the steeple to fall and the town hadn’t done anything, people would wonder, “What happened?” * Resident Kathy Steve: Her pastor has indicated that he could come to the Shutesbury church to conduct services and that he could look into a circuit rider. Her specific interest is in activities for teenagers. “It’s pretty easy to invite in different faiths at different times. * Becky: The historic use is as a church. An interdenominational non-profit entity would be nice. * Ralph: These are “wonderful avenues to research.” We were looking at how to how to preserve the church and fund the restoration as if there were no membership. * David suggested that the town might be able to help with funding with historical preservation grants. * Dale: The building inspector would issue a certificate of inspection if the church can be used in its present condition. * Kathy Steve: Ted is paying insurance. * David: Another asset is the parish house. * Julie: What does the Baptist church think about this? * Becky: The only response is one letter. * Becky: Someone does have to spearhead this. Ted came to the town because the town with its tax base could take it on. Ted’s thinking has logic: The biggest public organization with historic responsibilities to it. * Weezie: A third alternative would be for the town to fix the church and then rent it back to different denominations. She doesn’t know if that would be legal. * David to ask legal counsel. * Becky: If the town establishes ownership through a title search, and if town meeting supports funding saving it, and it creates a strong reaction by a group of people who stand up and say, “No, it’s ours.” that would be good too. * Weezie: Town meeting would need some pretty hard estimates of the costs. She suggests that someone from the Buildings Committee take that on. * Dale: Election referendum? * Leslie: Elections will now cost $1,000 to program the accessible machine, and the outcome would be non-binding. * Ralph: A Special Town meeting vote would be a valuable tool. * Al Springer: Could we get an estimate in 8 weeks? With all the potential expenses including the dam, where is the money coming from? * Julie: Doesn’t think people realized there was an option for private use. * Becky: Ted as the last decision maker, we don’t know if anyone could even become members. * Julie: People should work together. * Ralph: Talk to Town Counsel again about the clause on page 164:”The deed grants and conveys all rights and privileges (so long as the said meeting house remains to be a house.” As soon as the members dissipate, Ralph feels it’s the town’s. Topics 1. Mutual Aid: See Police Chief Harding’s appointment above. 2. Selectmen received a letter concerning lot M-30 from resident Peter Gees. 3. Church: See the appointment above. David will consult Town Counsel on renting to faith groups and page 164 of the deed relative to the absence of a reversionary clause. 4. Topics for the up-coming All Boards Meeting were not discussed. 5. A draft letter concerning Chapter 40B was reviewed. Could Section 8 housing certificates count toward low income housing stock? Could residential homes for mentally disabled count toward the low-income housing stock? Selectmen will review the letter and give feedback to the Town Administrator for the final version. Select Board Action Items 1. Selectmen unanimously voted to accept the July 10 meeting minutes as written and the July 18 meeting minutes after removing “absent” before Ralph Armstrong’s name. 2. Selectmen signed vendor warrants totaling $410,867.74 and payroll warrants totaling $74,563.35. 3. Select Board voted to sign a law enforcement mutual aid agreement during their appointment with Chief Harding. See above. 4. The Building Committee has reviewed and recommends approval of a bid for an air quality unit to be installed in the lower west window of Town Hall with ductwork to the main meeting room. It is proposed that three vents from the main meeting room into the storage room be blocked off. Selectmen suggested that the storage room should be vented to the outside to prevent mold. Building renovation funds would be used to fund the work. Carpeting and the storage room will be evaluated for mold. Selectmen unanimously voted to approve the expenditure of $5989 for installation of the air quality unit by Jamrog. New Topics 1. David will ask Town Counsel if the town should add a fence to the stonewalls to the east and west of town hall. 2. Selectmen unanimously voted to sign a MassHighway Dept. Chapter 90 Project Request funds for $11,000 for 200 feet of guard rail replacement between house numbers 553 and 571 West Pelham Road. 3. Selectmen unanimously voted to sign a Special Event form and the use of Town Common for the September 29 Celebrate Shutesbury. 4. Select Board will provide input to the letter to Representative Kulik regarding National Incident Management System (NIMS) training. 5. Review of appointments & vacancies on a number of boards and committees: * Leslie to contact the Rec. & Open Space members whose resignations were recorded and turned in by Liz Lacy. (Secretary’s note: The day following the meeting, the Town Administrator said that on Becky’s request, he would make the calls.) * Should Recreation and Open Space Committee be separated back out? It is assumed to be a Select Board vote since they were combined by Select Board vote. Ralph: Should it be separated back out by a Select Board meeting at a special town meeting, thus serving as a communication tool? Selectmen will review a collection of documents gathered on the previous combination and discuss at the next Select Board meeting. * The Town Administrator will write a notice in the up-coming newsletter concerning vacancies on the Historical Commission, Energy Committee and other committees with vacancies. * Selectmen unanimously voted to appoint Marilyn Tibbetts as Shutesbury’s Franklin Regional Transit Authority Representative. * Julie suggested asking former ADA Committee member Ziporah Hildebrandt and current member Martina Carroll for names of ADA professionals who live in town for the ADA Committee. Becky suggests the Selectmen ask for someone from the school community and/or a recommendation from the Council on Aging. A motion was made, seconded and unanimously voted to adjourn at 9:40 P.M. Respectfully submitted, Leslie Bracebridge Administrative Secretary 070724 concise Select Board 1