Shutesbury Board of Selectmen
August 21, 2007 Meeting Minutes
Members present:  Chairman Rebecca Torres, Debra Pichanick and Ralph Armstrong.
Also Present: Town Administrator David C. Dann and Leslie Bracebridge, recording.
Meeting opened at 7:07 P.M.
Appointments  
Selectmen met with Sgt. Robinson:
* Practice dive on Lake with boat last week. Photos shown.  The rescue boat was on the Lake last weekend, and police handed out fliers with boating laws.  Lettering will be put on the boat soon.  Police will take the boat out on the Lake again soon. 
* Motor vehicle accident on Pratt Corner Road.  Photo shown.
* Speed sign put on January Hills Road has been put up and then vandalized. Highway Superintendent Tim Hunting offered to replace the sign.  Photo shown.
* Power outage on Shore Drive on the 18th.
* A “Jet Ski” operator on Lake was notified by residents to get off Lake.
* A Sumner Mountain Road house alarm has gone off 9 times since January 1. 
* Estimate on the cruiser repair is between $400 to $500 for a mixer valve.

Selectmen met with Highway Superintendent Timothy Hunting to discuss backhoe bids in the presence of Mr. Leo Kelleher representing the Schmidt company from Oxford, MA who identified himself as a dealer of John Deere equipment (and later also identified himself as husband of Shutesbury’s Town Counsel):
* Highway Superintendent Hunting recommended that the Board of Selectmen accept the bid of Milton Cat of Milford, MA for a Caterpillar backhoe for a total amount of $87,288 minus a $10,000 trade-in on the current backhoe for a net expenditure of $77,288.
* Mr. Kelleher, apologizing that he doesn’t like to cause trouble, that since his was not a low bid, he has nothing to gain, and that his question has more to do with the Caterpillar Company than with the town, asked if the specifications for the bid were consistent with the mandates of the procurement law, Chapter 30B.  He confirmed that the specs may be written in a manner that is “slanted” toward a particular brand but he challenged that the written specs favoring the Caterpillar brand backhoe did not allow for other companies to explain why their products are equal to or better than the Caterpillar style equipment.  He said that usually a town will “fine tune” the specs provided by a particular manufacturer. 
* Town Administrator David Dann said that he felt the bid was done legally, that he has full confidence in the Highway Superintendent being able to select the best equipment for the work, that Mr. Kelleher has the right to protest the bid and the town has to defend that.
* Mr. Kelleher suggested that to correct the (asserted) problem, the town could re-bid, or save the time and expense by awarding the bid to the lowest bidder.
* Town Administrator David Dann said that the bid goes to the bidder that meets the specs.
* Highway Superintendent Hunting stated that he took the bid specs at face value and on good faith, he doesn’t know the legalities, and he read it over carefully.  To his understanding if you want a certain weight machine and it meets the budgetary standards you can go with that.  He felt badly that he did not have the Caterpillar representative here tonight to answer Mr. Kelleher’s questions.
* Finance Committee member Al Springer recommended that bid openings occur when the Selectmen can be present to better understand the process.
* Select Board member Armstrong felt that by reading the section of Chapter 30B Mr. Kelleher made a protest.  Ralph recommended and Debra and Becky agreed that the Selectmen seek the advice of Town Counsel before awarding the bid.
* Mr. Kelleher repeated that Chapter 30B requires that other vendors have the opportunity to explain why they may be equal to a specific brand’s specs and indicated that he is married to Shutesbury Town Counsel and therefore the town will need to seek alternate advice.
* Mr. Kelleher stayed until 9 PM.

At 8:05 PM Selectmen met with Open Space and Recreation Committee Chairman Janice Stone and interested parties Joanne Sunshower, Hugh Harwell, Al Springer, Stephen Puffer, and Marilyn Tibbetts (left at 8:20 PM) and Susan Essig arrived at (8:30 PM):
* Becky distributed copies of Chapter 40§8C that gives the Conservation Commission authority to write an Open Space Plan.   Other handouts included copies of two mission statements, one written in 2000 for the Open Space Committee and one in 2002 for the Recreation and Open Space Committee.
* Hugh Harwell:  Described his conceptual organization of the intersecting responsibilities of the Conservation Commission, the Recreation Committee and a hypothetical Parks Commission as established by state laws.  What agency does the planning and what agency has the jurisdiction?
* Following an extended discussion, Becky asked if there was agreement in separating out the duties of the Recreation Committee from the duties of the Open Space Committee and recreating two distinct committees as was the case before 2002.  Debra and Ralph agreed with Becky and people in attendance seemed also to be in agreement.  Selectmen agreed to work slowly and put out information in town wide mailings to ensure nothing was being overlooked.

Selectmen unanimously voted to split the Recreation and Open Space Committee back into the two distinct committees: Open Space Committee and Recreation Committee effective September 4.  They also approved changes to the January 2000 Open Space Committee mission statement as follows: insert in the third to the last line “subject to review by the Conservation Commission” after the word “process”, and delete the words “developed and” from the last sentence.  The new wording to be used by the new Open Space Committee is:  

The mission of the Open Space Committee is to use the Open Space Plan as a guide to work with residents, other committees, land trusts, conservation groups, state offices, local officials and state officials in preserving vital land in Shutesbury through education, conservation awareness, conservation restrictions, development restrictions and/or purchase; to work with the above mentioned organizations to seek out funding sources; to revise the open space plan as needed through an open process, subject to review by the Conservation Commission; to help the town find land that is on the market that would be of interest to the Plan; and to work with the Town in helping to review a Town wide Master Plan.”
Further, Town Administrator David Dann will create an insert for an end of week mailing that announces the committee split and invites volunteers for either committee to please call David.

Topics
1.  Should the Open Space/Recreation Committee be separated?  See above. 

2.  The Energy Committee recommends that the town seek a DEP Climate Protection grant for a monopole wind turbine to be installed behind town hall.  The Energy Committee will review the application draft on September 10th, David will put copies of the draft in the September 7 week ending report for the Selectmen to review and then on September 11 the Selectmen will have a one agenda item meeting to review and vote as to whether to sign the grant.  Writing a letter to the Governor to support funding of the grant program, as listed on the agenda was not discussed.

3. The theme for the All Boards meeting, as written on the agenda was not discussed.

Select Board Action Items
1.  The Select Board unanimously voted to accept the August 7, 2007 meeting minutes as written.

2.  Selectmen signed vendor warrants totaling $155,519.53 and payroll warrants totaling $68,334.91.

3.  In the presence of Fire Department Secretary Marilyn Tibbetts, Selectmen unanimously voted to sign Personnel Action Forms appointing Ellen Zion and Mattie Taylor as Shutesbury Fire Fighters.

4. The Building Committee reviewed the Library Accessibility bids with a $38 separation between the two lowest bids.  David checked and received positive references of the lowest bidder.  Selectmen unanimously voted to award the library access project to Northeastern Commercial Services, LLC in the amount of $69,300.  At their meeting, the Buildings Committee strongly recommended that the Library Trustees pay for any project cost over-runs and for the identified maintenance repairs including front steps and other carpentry repairs, painting and chimney repairs, for an estimated combined total of $24,000.  

5.  Selectmen unanimously voted to sign a number of papers for the Library design & planning grant (including a Massachusetts signatory listing, a standard contract, a proof of authentication of signature, a Northern Ireland Notice and Certification, a contractor certification and a Massachusetts Public Library Construction Program Planning and Design Request for Payment) for $40,000 for the Library planning grant.  The town will make a 1/3 match of $20,000. 

New Topics 
Highway Superintendent Timothy Hunting reported:
* He has received copies of the Ames Brook culvert plans for crossing under Wendell Road. The engineer drew up plans for a cement box culvert similar to that used at Adams Brook. The design incorporates Tim’s suggestion for a block retaining wall, and it addresses erosion and safety (road width).  Tim recommends a STRAP grant. David added:  There is a possibility for a STRAP grant.  A STRAP grant would have to go to a town meeting vote.  The Environmental Consultant Ward Smith will do the final Notice of Intent after the town is satisfied with the engineering plans.  The project is expected to be completed between June 15 and September 15, 2008.  

Chairman Torres and Administrator Dann signed the first set of United States Census Local Update of Census Addresses (LUCA) report forms including a pledge to confidentiality, and selection of Option 1, a full address list review, as was done in 2000. 

Selectmen reviewed a request from Police Chief Harding to allow him to spend limited time teaching courses at the Massachusetts Municipal Police Academy.  David will check the Chief’s contract to see if doing so is allowed and get back to Selectmen as needed.  If the decision can wait, he will arrange for Chief Harding to meet with the full Board of Selectmen concerning this request.  

Walk-Ins 
Board of Health Chairman William “Bill” Elliott inquired as to when the Board of Selectmen could meet with Robert McCormick, who is proposed by the Board of Health to be appointed to the Board of Health, by roll call vote of the Board of Health and the Board of Selectmen 

Leverett Road resident Steve Puffer requested that Zoning Officer Hawkins of the Franklin County Cooperative Inspection Program review an alleged mixed use zoning violation at 399 Leverett Road.  David will contact Mr. Hawkins by phone, and if indicated by the phone conversation, draft a letter with a copy to Steve Puffer.  The driveway is not currently being used but the equipment is still stored in the garage.  As long as the equipment is stored there Mr. Puffer is concerned about the mixed use and the potential damage to his driveway.  Steve anticipates that the mixed use will be resumed in the winter.  

A motion was made, seconded and unanimously voted to adjourn at 10:07 P.M.
Respectfully submitted,

Leslie Bracebridge
Administrative Secretary
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