Shutesbury Board of Selectmen
March 4, 2008 Meeting Minutes
Members present: Chairman Rebecca Torres and Ralph Armstrong.
         Absent: Debra Pichanick.
   Also Present: Town Administrator David C. Dann and
                 Administrative Secretary Leslie Bracebridge, recording.

Meeting opened at 7:05 P.M.
Appointments  
 7:05 PM:  Police Chief Harding:
* Chief Harding announced that he will add Microsoft Excel skills to
  his personal talent bank.  Ralph sang his praises to "point &
  click." Others cheered and a jolly good time was had by all.
* Four officers will go to a school safety training session, to be
  funded with Community Policing funds.
* A flaw in the state's repayment system has cost Shutesbury a
  payment owed from a Governor's Highway Safety grant
  program. Community Policing funds will be used to cover wages
  already paid to officers who participated in the program.
* No resumes have been received in response to the newspaper employment ad.
* There are no accident reports this week.
* Police have received some complaints regarding the broken pavement
  on Leverett Road.  The Highway Department is doing its best to
  smooth it out with cold patch.
7:20 PM:  In the presence of Town Treasurer Gabriele "Gabe" Voelker: 
1. Selectmen unanimously voted to sign an interim loan note in the
   amount of $76,797 for the Massachusetts Water Pollution Abatement
   Trust Community Septic Management Loan Program.
2. Selectmen received Gabe's up to date understanding of the
   Massachusetts School Building Authority (MSBA) audit.  The hearing
   contact person did not want the new materials that Gabe had
   prepared and the does not want anything but invoices.  Gabe
   explained her proof of the payment to the architect to the
   contact. He agreed to look at it so she “over-night” mailed
   it to him.  Gabriele listed to the Selectmen the payment proofs
   that he has thrown out.  She felt that he was quite firm with his
   decisions and would not be changing his mind on those at the
   hearing. Using this up to date information, Selectmen prioritized
   with Gabe which topics (primarily the remaining $72,000 in costs
   that have not already been dismissed) to be presented and what
   information each participant would present at the Thursday March 6
   half hour hearing with the MSBA audit team in Boston.  Gabe
   summarized her belief that with all the records that have been
   located and with all the information that has been learned about
   the audit, the bulk of costs that will not be accepted, never would
   have been accepted anyway.  The original $500,000 included entries
   for projected estimates of expenses, that were never actually spent
   and which were never actually included in the approximately
   $300,000 that will be deducted in $50,000 amounts over the next 6
   years.
Topics
1. Selectmen reviewed and further developed a draft notification
   letter to be sent to all town departments, of Select Board and
   Finance Committee support of a proposed proposition 2˝ override
   needed to close an FY 09 $200,000 budget gap without significantly
   decreasing cash reserves. The letter will also announce that the
   Finance Committee will be looking for input in the construction of
   an FY 09 budget that has a 1% increase in the case that an override
   is rejected.  Selectmen will invite the School Committee to their
   March 18 meeting to discuss how a 1% increase will affect the
   school.
2. A letter from Library Accessibility Project contractor Montemagni
   and sent directly to the Board of Selectmen will be discussed by
   Ralph with Town Counsel MacNicol, as the Board wants her to manage
   Mr. Montemagni's concerns.  In his letter Mr. Montemagni quotes
   Town Counsel as advising him to request a meeting with the Board of
   Selectmen.  Further, in his letter Mr. Montemagni requested that an
   individual from the Building Committee be excluded from the
   proposed meeting. Mr. Montemagni should be informed that
   individuals cannot be excluded from a public meeting (except
   executive session.) What would be the benefit of Selectmen meeting
   with Mr. Montemagni?  Selectmen find Shutesbury's Building
   Committee to be highly creditable.  Two of the four people on the
   Committee have contractor licenses.  Selectmen don't feel
   Shutesbury should pay for some of the costs itemized by
   Mr. Montemagni.  Selectmen need to know what Town Counsel MacNicol
   actually discussed with Mr. Montemagni.  Ralph will communicate
   with Town Counsel tomorrow.  Steps: First Ralph will talk to Town
   Counsel and explain that Selectmen had intended future negotiations
   with Mr. Montemagni to be conducted through Town Counsel.  Discuss
   a potential response letter to Mr. Montemagni to include the
   following points:
1. If a meeting is recommended by Town Counsel, suggest the next open
   meeting date.
2. Notify Mr. Montemagni that members of Shutesbury's Town Building
   Committee cannot be excluded from Select Board meetings.
3. The Selectmen do not find Mr. Montemagni's invoices to have swayed
   their opinion.
4. Selectmen do not believe a meeting would be worth Mr. Montemagni's time.  
5. Selectmen may request copies of all pay stubs and employment
   records for the project.
 * David will follow-up with a written letter stating that
   Mr. Montemagni will not be on the agenda for March 18 and the
   Selectmen will be in touch with him.
 * Chief Harding will be present if Selectmen do meet with
   Mr. Montemagni.
3. In the presence of Chief Harding, Selectmen unanimously voted to
   authorize a request put to them by Leonard Road resident Steve
   Marglin to use the school parking lot for his daughter's June
   wedding.  Police will have a contact number for noise complaints.
4. Plans were made for the April 12 All Boards meeting at the
   Recreation field with refreshments.  The Town Administrator will
   check with Fire Chief Tibbetts on the details.
5. Discussion of a draft Memorandum of Understanding (MOU) between
   the Town of Shutesbury and C & A Construction of Ludlow
   Massachusetts for C & A's use of Lot O-32 as a staging area during
   the reconstruction of the Leverett, Cooleyville and Prescott Roads
   (LCP).  The Town Administrator will:
    * Review the draft MOU with the Conservation Commission on March 13. 
    * Ask how much area C & A will need, 
    * Review the draft MOU with Town Counsel.  
   Selectmen still need to have a pre-construction conference.
6. The MOU for a swale on Cooleyville Road was not ready for discussion.
7. Ralph will serve as the Select Board representative for the Police
   Chief contract negotiations.  Becky will serve as Select Board
   representative for the Town Administrator performance evaluation
   and contract negotiation.
8. In response to an inquiry to purchase town-owned lot M-30, the
   Town Administrator will research the exact process for selling town
   real estate property, including confirmation that the decision to
   sell is a town meeting vote.  It is his sense that a sale would
   have to be a process open to all bidders, and that the town could
   require a reasonable price and would not have to accept a low bid.

Select Board Action Items
1. Previous minutes will be approved when member Debra Pichanick is present.
2. Unanimously voted to sign vendor warrants totaling $69,094.00 and
   payroll warrants totaling $77,652.30.
3. Selectmen unanimously voted to sign Personnel Action Forms for the
   resignation of Police Officer Kenneth Hartwright and for the
   temporary appointment of part time Police Officer Nicholas Chandler.

New Topics 
1. Town Treasurer Gabriele Voelker reviewed her up to the minute
   understanding of the details of the Massachusetts School Building
   Authority (MSBA) audit.  The audit firm representative that she
   spoke with today did not want the new materials that she had
   prepared; he does not want anything but invoices. Gabe explained
   her proof of the payment for the architect.  She listed the proof
   of payments that have been “thrown out.” He was quite firm
   with his decisions.  Plans were finalized for the order of
   presentation at the Thursday March 6 half hour Boston hearing.
   Shutesbury representatives will focus their presentation time on
   the remaining $72,000 in costs that have not yet been dismissed.
   Gabe concluded that at this point she is comfortable that the bulk
   of the costs that will not be accepted would never have been
   accepted anyway.  She explained that the original $500,000 included
   estimates that were neither counted nor included in the $300,000
   expected to be taken out of cherry sheet totals in $50,000
   increments over the next six years.
2. Selectmen received copies of a standardized letter prepared by
   Auditor Thomas Scanlon to be signed by the Board of Selectmen as
   part of the audit process.  Selectmen will review the letter and
   edit such elements as the “South Shutesbury” address before
   signing it at the next Select Board meeting.

A motion was made, seconded and unanimously voted to adjourn at 9:02 P.M.

Respectfully submitted,


Leslie Bracebridge
Administrative Secretary

080304 Select Board 2