Shutesbury Board of Selectmen September 18, 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 7:03 P.M. Appointments Police Chief Harding: * The Police Department is all set for Celebrate Shutesbury. * The boat resting on Lot O-32 will be added to a surplus bid list that David is putting together for other departments including Highway and Fire Departments. * Community Policing grant forms for $11,299.02 for Shutesbury are all in Boston. The “turn around” time is December. Read the amounts that all towns will get at the Executive Office of Public Safety link at the mass.gov site. * David will follow-up with Leverett signing the police mutual aid agreement. Sunderland would also be interested in signing on to a mutual aid agreement. * Complaints of speeding on many roads this fall. Officers are monitoring the roads including the dirt roads. Shutesbury Athletic Club Secretary Erik Pietz: * The summer Chicken Barbeque and Steak Roast went well. * The softball team won the state championship. * Friends of the Library held an event there. More private events in the facility. * Friday night dinners have resumed. Last Friday served 43 burger meals outside. * Wedding on Saturday September 29. * October will do wood for heat work party and a Halloween party on October 27. * Expect one movie night per month in the winter for kids. * Anticipating the license renewal process. * Will return to 11/27 Board of Selectmen meeting. Shutesbury Leverett Broadband Committee member Glenn Cherrits reported on: * Shutesbury was one of 17 communities that applied for a Wi-Fi one-year grant program last spring for the Lake Wyola area. Shutesbury was not selected. * An information packet distributed to Selectmen regarding the August 2, 2007 announcement of Governor Deval Patrick creating the Massachusetts Broadband Incentive Fund is, in Glenn’s words, by no means a done deal.” It does represent a commitment from the Governor. There is a proposal in front of the legislature. * Glenn cautioned Selectmen to monitor the use of the terms un-served” versus “under-served” (in which case Shutesbury could be left out) as they monitor the progress of the legislative actions. There are 32 “un-served” towns in Western Massachusetts. * Also, “un-served areas” would present more demands on the available funds statewide than “un-served towns.” * Senator Rosenberg and Representative Kulik will be advocates for broadband availability in Shutesbury. Glenn plans to visit them and discuss their support. He recommends the Selectmen send letters of support of the Incentive Fund. * Pioneer Valley Connect, affiliated with the Franklin Regional Council of Governments will also be helpful in getting funds to Western Massachusetts towns including Shutesbury. Becky summarized that it is pre-mature to write program support letters until the Selectmen understand how the legislature promotes fund use and requested members of the Broadband Committee continue to give guidance to the Board of Selectmen as the initiative progresses through the legislature. Fire Chief and Emergency Management Director Walter Tibbetts and former Dam Management Committee Chairman William “Bill” Elliott regarding the Lake Wyola Dam Emergency Action Plan (EAP): * David met with two consultants that have done a significant number of Emergency action plans: Bay State Environmental Consultants have declined interest in the re-working of the Lake Wyola Dam Emergency Action Plan. Tighe & Bond offered to follow the federal guidelines for dam safety for $8,000. * State regulations reference federal guidelines for dam safety plans. Shutesbury’s EAP uses a Natural Resources Conservation Services (NRCS) EAP template for high hazard earthen dams picked up by Engineer Morris Root at an NRCS conference in September 2006. * The effort needed to customize this plan for FEMA 64 makes $8,000 about right. * Office of Dam Safety (ODS) Chief Soloma invited Bill to meet to review Shutesbury’s template and EAP. Chief Soloma is not familiar with the template but told Bill that it appears to be appropriate and acceptable. * The major technical basis for Shutesbury’s inundation map is acceptable to the Office of Dam Safety. * Shutesbury followed the ODS requirements except to get a MEMA sign-off. * The plan needs further discussion of roles and responsibilities of Gate and Dam Keeper and Fire Chief and Emergency Management Director. * Hold off sending to MEMA until the project is complete. * Procedure in ODS regulation 302 CMR 10.11 (EAP section) says the plan needs MEMA concurrence before it goes to ODS. This will be done before it’s re-submitted to ODS. * Bill reported that from his initial contact it does not appear that Shutesbury needs to meet an October 31 deadline as long as we are proceeding at a reasonable pace. * There is no need to spend $8,000 for Tighe & Bond to re-write the EAP to the federal guidelines format. The Tight & Bond format for Atkins Reservoir (using the federal format) is almost exactly the same as ours. * Bill is looking for Select Board authorization for to call Chief Soloma to follow-up on this. * David will call a meeting of the Dam Management Committee. First choice is Thursday Sept. 27 at 7 P.M. and Saturday Sept. 22. Selectmen will also post. * Bill: Requests a letter from Selectmen to Representative Kulik describing what has happened and the town’s actions couched in wording supporting additional funding for the Office of Dam Safety. * DCR Advisory Board meeting: both Kulik and Rosenberg’s office will be represented. Frank Buntin will be present. Region One Director to attend. Selectmen unanimously authorized Bill Elliott to communicate with ODS Chief William Soloma and they will call a meeting to share the information with the Dam Management Committee. In a subsequent discussion, Selectmen favored waiting to send a letter documenting the history of the project and rather to consider writing a letter strictly supporting more funding to the Department of Conservation and Recreation. Review of the October 9, 2007 special town meeting warrant with Town Moderator Kevin Hayes: * Article 1: Participation in an Emergency Mutual Aid Agreement sponsored by the FRCOG and allows for towns to provide assistance to a neighboring community if the event is a federal disaster. * Article 2: Authorization for the town to submit a STRAP grant to the Office of Transportation and Public Works is a highly competitive grant with no guarantee that the town will get the funding but town meeting of approval is required. o The cherry sheet provides Shutesbury with approximately $850,000 of aid each year with approximately $3500 would be taken off each year. o Wetlands issues increase the costs of the culvert replacement. o The town would pursue replacement regardless of the outcome of the STRAP grant due to the condition of the culvert. o The project to commence between June 15 and September 15 to avoid a higher level of permitting costs. * All residents will receive a copy of the warrant in the mail. Selectmen unanimously voted to sign the warrant for the October 9 special town meeting to be held at the Town Hall. Selectmen unanimously voted to sign the warrant for the special town meeting. Kevin will attend a state moderator’s meeting in Sturbridge this fall and request an FY ’09 budget for the state moderator’s association membership dues in the fall. New Topics 1. Unanimously voted to sign the contract for the Caterpillar back hoe for the Highway Department in the amount of $77,288.00 with Milton CAT of Milton, MA. 2. The Town Treasurer and Town Accountant are very likely to recommend that the Select Board not accept the September 14, 2007 audit report of the Massachusetts School Building Authority for Project #C19943313 – Shutesbury Elementary School due to its itemization of $500,157 in ineligible costs. Many of the ineligible costs” are due to “No invoice was provided for costs incurred. Costs that lack supporting documentation are ineligible per DOE” (Department of Education.). The Town Accountant is collecting missing invoices for some of the $500,157. A meeting has been scheduled with previous Town Accountant David Kielson, Town Treasurer Gabriele Voelker, current Town Accountant Gail Weiss and Town Administrator David Dann for Thursday afternoon. Selectmen voiced frustration that the audit is occurring 14 years after project completion. This delay results in no town officials nor school administration staff who would have historic knowledge of the project are still available. This fact challenges the current officials who must produce the required documentation. David will bring a draft letter stating that the Selectmen will not accept the audit report to the next meeting. Select Board Action Items 1. Unanimously voted to accept the September 4, 2007 meeting minutes. Unanimously voted to accept the September 11, 2007 meeting minutes 2. Selectmen signed vendor warrants totaling $153,331.24 and payroll warrants totaling $77,363.83. 3. “Appointments to the Historical Commission” will be put on the next Select Board meeting agenda. New Topics * Linoleum floor has buckled under the rug in the lower entrance to Town Hall. * Selectmen will request Donna MacNicol be present at the Special Town Meeting. Adjourned at 9:50 P.M. Respectfully submitted, Leslie Bracebridge Administrative Secretary ?? ?? ?? ?? 070918 Select Board 1