Shutesbury Board of Selectmen April 12, 2008 Meeting Minutes At Shutesbury Fire Station Present: Select Board: Chairman Rebecca “Becky” Torres and Ralph Armstrong. Member Debra Pichanick is on a leave of absence. Board of Health: Chairman William “Bill” Elliott. Buildings Committee: Chairman Dale Houle. Capital Plan Committee: Member Daniel Hayes. Cemetery Commission: Marilyn Tibbetts. Community Preservation Act (CPA) Committee: Chairman Paul Lyons and members Joanne Sunshower and Mark Pocsik. Conservation Commission: Member Gail Fleischaker and Clerk Linda Avis Scott. Council on Aging: Marilyn Tibbetts. Finance Committee: Al Springer and Mark Pocsik. Fire Department: Fire Chief and Emergency Management Director Walter Tibbetts and Captain George Davies. Lake Wyola and Ruggles Pond State Parks Citizens Advisory Committee: Chairman Bill Elliott and members Ralph Armstrong and Leslie Bracebridge, alternate member. Leverett, Cooleyville and Prescott Roads Advisory Committee: Member Mark Hart. Library Facility Needs Assessment Committee (LFNAC): Chairman Karen Traub and members Dale Houle and M. “Weezie” Houle. Library Trustees: Cliff Read and Karen Traub. Open Space Committee: Members Joanne Sunshower, Daniel Hayes, Jeff Lacy, Veronica Richter and Susan Steenstrup. Planning Board: Chairman Deacon Bonnar and members Jeff Lacy, Joanne Sunshower and Linda Rotondi. Guest Planner and Imaginary Horse Rider: Piper Lacy advocating for riding rings. Recreation Committee: Chairman in search of members Jennifer Davies. Recycling Committee member (and other past boards including School Committee and Leverett, Cooleyville and Prescott Footprint Roads Committee): Gary Bernhard. School Committee members: Chairman Daniel Hayes and School Committee member and Regional School Committee Representative: Marianne Jorgensen. Telecommunications Advisory Committee: Chairman Thomas “Tom” Williams Town Administrator: David Dann Town Clerk: Leslie Bracebridge Zoning Board of Appeals: Charles DiMare and members April Stein and Tom Williams. Becky opened the meeting at 11:10 AM: * Thanked Fire Department for use of space and requested all present to speak with friends and neighbors about joining the Fire Department. They need volunteers. * Described the meeting’s format to first be announcements, then presentations of selected current topics; each to be followed by comments, questions and answers, and last, a viewing of the town’s recreation field behind the Fire Station, for consideration of its future use. Announcements: * The next Library Facility Needs Assessment Committee Community Forum will be held at the Elementary School on Tuesday May 13, at 6:30 PM. * The public is welcome to attend a student Art Show on Wednesday April 16 from 5:30 to 7:00 PM at the elementary school. * The Board of Health will hold a Public Hearing on Wednesday April 16 at 8 PM at the Town Hall on proposed regulations which consider groundwater recharge as part of the hydro-geologic site evaluation. * Household Hazardous waste collection day is April 19, 2008 at the Amherst Landfill. Pre-registration is required. Topics: 1. Board of Health Septic systems proposed regulations: Chairman Bill Elliott stated that septic systems produce a lot of nitrate, the most common contaminate of ground water and drinking water in the Commonwealth. Ground water is the most commonly used system for diluting nitrates. The proposed regulations will strive to maintain the same concentrate of nitrates as is achieved with the current 2-acre zoning. There are other ways to meet the nitrate loading limitations other than lot size. These will be presented on April 16. A handout was distributed. 2. Proposed Proposition 2½ Override: * Finance Committee member Al Springer: Stated that he doesn’t like spending money but feels the town needs the override to keep 10% of the budget in Free Cash for paying bills. If the override does pass it should last for 4 or 5 years. If people have ways to save money please talk with Al or other members of the Finance Committee. * Amherst-Pelham Regional School Committee Representative Marianne Jorgensen said that because of Amherst and Pelham’s budget problems Shutesbury will only have a 1.6 % increase at the regional level. Also, the state has been pressuring towns to truly reflect the cost of education, so the elementary bussing that has been absorbed by the region for a number of years will now be coming out of the regional budget and placed into the elementary budget with a net increase of $18,000 to Shutesbury. * School Committee Chairman Dan Hayes said that the Elementary School budget, a large portion of the town budget, through retirements and fiscal discipline gave $10,000 back to the town in FY 06. The goal is quality of education. The Committee looks at ways to save such as collaboration with union towns for efficiency and combining classes for field trips. This year the School Committee was again asked to come up with a 3% budget. The cost of fuels and contracts make it hard. Field trips and programs will be cut. By coming up with a 3% budget each year, programs and staff will be cut. Currently there is one teacher for each grade with bulging class sizes. A very big concern is for the children to get the attention they need. The school has great teachers and administration. The School Committee really wants to make sure the budget is sound, which requires an override. 3. Community Preservation Act (CPA): Becky: Had the town voted to approve the CPA (in 2001) a number of projects could have been funded, the main one being dam repairs. Presently the town is lobbying with the aid of Representative Kulik and Senator Rosenberg for state funds for the dam repairs. CPA Committee Chairman Paul Lyons: * The Committee studied the feasibility of the CPA and the Selectmen voted to bring it to town meeting based on the CPA Committee recommendation. * Remaining members of the Committee will work on public education: o CPA allows towns to tap into a dedicated source of funds from real estate transactions in the state. o Towns can impose up to a 3% surcharge on their taxes and the state will match the surcharge. o Up until now the match was a full 100%. The FY 09 match is predicted to be 65%, still a good return. o Paul spoke with officials of some of the (125) communities already in the program and pretty much, “all were ‘thrilled’ with the CPA” with funds being used for projects that were going to happen anyway. o Shutesbury has a long list of capital projects including the dam. With the CPA the state would be contributing to those projects. o Paul instructed people to multiply a tax bill by 1.5% (after exemption of the first $100,000 of valuation) to determine the individual parcel cost. The surcharge for a parcel valued at $250,000 will average $36. o Predicted to generate $30,000 at the local level, with a $20,000 match coming from state equals a total of $50,000 for open space, historical, and affordable housing projects. o The program is viewed as having more local control over the character of the state. o The two step approval process requires a majority vote at town meeting. If approved at town meeting a second ballot vote needs approval at the November election. o The timing of Shutesbury’s vote is a challenge because of an override. If we don’t do it now, it will be a year or longer and state funds will be lost. o If the CPA is voted in, the community is committed to stay in the program for 5 years. o The CPA is a tool for generating additional revenues for projects that we will be addressing anyway. o The next CPA Committee meeting will be Wednesday at 6:30 PM to produce a mailing for the town-wide newsletter. Q1: Gary: Is there a sense that the program will continue? A: Yes. This is not part of the regular state budget; CPA has a dedicated funding source from a surcharge on real estate actions. Q2: Bill: Does the money go into a segregated fund in town hall? A: It’s accounted for; all funds are earmarked. The funds are ultimately controlled by town meeting. A CPA committee makes recommendations to town meeting. The formula requires 10% for historic preservation, 10% for open space and 10% for affordable housing. The remaining 70% can be divided up according to CPA Committee recommendation and as voted at town meeting. Q3: Leslie: Will the Committee be appointed and if so by Selectmen or Moderator, and will the committees with representation by statue select their own representatives? If elected, how does that work to balance committee representation? A: Elections would be for “at large” members. A special town meeting will vote to accept a CPA bylaw. The bylaw will detail how the committee is selected. Q4: Weezie: How was the 1.5% surcharge decided? A: The Committee wanted it to pass at Town Meeting. 3% seemed too high for some people. The percentage could be increased later. Towns at 3% get into a second distribution round for more state funds. Q5: Marianne: Could someone from a town with CPA come to Town Meeting to explain how it is working for that town? A: Hadley has CPA and the Hadley Town Accountant who is also Shutesbury’s Accountant will be at town meeting anyway. 3. Proposed zoning bylaws: Planning Board Chairman Deacon Bonnar: * Distributed documents giving “broad brush” descriptions of the proposed zoning bylaws. Through recent conversations with those opposed to the proposal, the Planning Board has reached some support. * Jeff Lacy detailed the major negotiated changes that will be added to Draft 13 to make the final draft: o The unit density divisor in open space, presently at 2 and argued for between 3 and 10, was settled upon at 5. o The open space requirement in the rural residential zone went to 65%. o 100% of freshwater wetlands and slopes of 20% and greater will be deducted before open space calculations are made. o There will be 10 extra dwelling units in a cap available only for open space and flexible frontage designs. (The regular ANR building cap will rise from 8 to 10.) o Most important to the Planning Board is that all projects in open space design will protect 80% of open space. o A complete list of changes will be available at Town Meeting. o The Planning Board voted to accept the changes and Draft 14 will be ready on Tuesday, April 15 when the Select Board signs the warrant. Q1: Tom: How do you feel? A: Jeff, “The last thing said was ‘we’re both nervous.’ Both sides had to give a little. Today’s zoning is destructive zoning. We’re still getting used to it (the negotiated changes to the zoning proposal) with much trepidation.” C1: Member Joanne Sunshower is, “thrilled that both sides came to an understanding of the protection of natural resources, protection of land values for both parties, everyone is with the same vision”. C2: Becky: The Planning Board has met constantly for the last ten days. Keeping the community whole by working through and resolving the differences was critical to going to town meeting with a sense of unity and to value the forests with 80% protection and property values will be enriched. C3: Veronica: There were more of us speaking than just one person and more points were made than just the ten acres. C4: Becky: There were equity issues that the Planning Board was working with. C5: Bill: Is also “thrilled” with agreement so the process moves forward. Other aspects to be considered include the clustering of homes under the new bylaw; acreage provision for individual units is also important. It isn’t just about open space. C6: Jeff: Clustering will preserve an average of mid 70’s% open space in clusters under the new arrangements, calculations depend on the character of the land. The unit count goes down in areas with slopes and wetlands and increases to 1 to 1.6 acres per dwelling unit in the developable areas. Q2: What is the impact of the proposed zoning on septic systems? A. The Board of Health is working on a regulation that will allow for that density using other ways to address septic systems: such as low-impact development and nitrate mitigation systems, in order to address the change in the way the town distributes its population. C7: Jeff: The issues of nitrogen will be “well vetted” on Wednesday night. (April 16 Board of Health Public Hearing) Q3: Gail: Will there be a broadcast of the changes? A: The Planning Board will work on a piece for the newsletter, drafts will be available at the library and Draft 14 will be put on the website. A list of the smaller changes will also be available. Version 14 will highlight all the significant changes between the public hearing and the final wording. Q4: Concerned about the potential for fast growth, Meryl: Wondered about the number of building permits available: “Do we anticipate they will be exercised?” A: The Planning Board will try to continue the cap for 5 more years. The state does not allow towns to keep caps. Caps are supposed to be lifted and could be lifted by the court. Shutesbury started at 6, is currently at 8, and it was proposed to go to 10 with the zoning changes. Now 10 more have been added for open space designs. Many land owners are more interested in conservation of land without development. Meryl suggested a chart showing the previous caps and the number of permits issued per year be a part of the presentation. C8: Jeff: “It wouldn’t be a bad idea to have a project of flexible space so the Planning Board could ‘fine tune’ the bylaw in the next few years.” 4. Slide show presentation of the Recreation Field by Jen (and George) Davies: * Last November Jennifer met at the recreation field behind the Fire Station with retired UMass Athletic Director James Patulak who then prepared a report on making the field a more usable space. Jennifer quoted Mr. Patulak, “Most towns would kill for this; I can’t believe you’re not using it.” Mr. Patulak wrote up a “cafeteria plan” of potential improvements to be used a t various expenditure levels. * We can make a baseball field with a soccer and lacrosse field in the outfield, volleyball, and a possible basketball court with ice skating on the basketball court in the winter. * We have a Highway Department, and people who would donate fill. * Make it piecemeal: Put down asphalt for basketball with boards around the edge in winter for ice skating. Eventually add things. People in town who are interested can do things and help with fund-raisers. * The plan could accommodate both a little league field and an adult field; one over the other. * The kids want to play but they have to go to Amherst to do it. C1: Gary: The girls’ softball team made progress a number of years ago. They did a lot until they needed heavy equipment. C2: Meryl: The 3-person Highway Department has a lot to do just maintaining roads. A: Jen: That level of research has not yet been done. Q1: Bill: Where is the septic system for the fire station? A: Not known exactly; a lot closer to the building than out in the recreation field. C3: Previous “Recreation Committee Chairman in search of members” Paul Lyons: described his past similar efforts that encountered wetlands issues. A: Jen: hasn’t taken it anywhere past bringing this initial plan to the Board of Selectmen, of whom she asked, “What do I do?” and the Selectmen called this all boards meeting. Paul: It may be more a drainage issue than wetlands protection requiring wetlands replication. Q2: Meryl: How do we organize and go forward? Bring a vote at town meeting? Start an “adopt a base or adopt other items” fund-raiser? A: Jen: Is cautious about going to town meeting without more information from the Conservation Commission, but she feels the fund-raising is “limitless.” C4: Jeff: Thinks parents would support developing the recreation field rather than going to Amherst. He thinks it’s “terrific” in the center of town. It’s supported by the recommendations of the Master Plan. C5: Al: Go to the Conservation Commission first, before you get people’s hopes up. * Jen: The riding ring is a question in itself: * It should move because it would take as much work to set it back up as to build it somewhere else. * Has never seen anyone in it but herself. * Sent a mailing out to a group of people who ride and only got a response from one person and that person doesn’t have a horse. The person indicated that the ball field idea would be great if you have another piece of ground for a riding ring. * Suggested using the field behind town hall for a riding ring because there would be no nails from the bonfires. o Fire Chief Tibbetts: * All bonfires have always been nail and staple free. * Was involved when the 4-H used the riding ring: We brought in a lot of fill and drainage was done. Over time the drainage has failed. It is not as good as it used to be. * Originally it was a wood land that was cut and filled. * A road used to go around the ring which has grown over. o He always brings in fresh slabs for bonfires so that the ring area remains “nail and staple free.” C1: Veronica: There is a riding club and the club has been talking for over a year about using the ring. A: Jen: “If you are going to put money into the ring, put it behind town hall. It’s a problem having horses walking through the middle of the in-field. If you consider the number of people who will ride, that’s a great place and leads to many MDC trails. C2: George: It’s the whole lot O-32 question - to be at next years’ town meeting. C3: Jeff: If we could actually have shows and a clinic there, if the horse people did things it would be different. C4: Marilyn: If the ring were fixed up, more people would use it. C5: Bill, As Chairman of the Department of Conservation and Recreation (DCR) Citizens Advisory Board at Lake Wyola Park: Would it be appropriate to invite interested people to the next advisory committee meeting to encourage more organized use of their recreation land? They have a big flat field on Lakeview Rd. The state park currently hosts the town swim lessons. DCR has asserted in the past that they would be interested. Cooperative ventures between state agencies and the town can result in good (funding) outcomes. A: Ralph: voiced the term used in dam repair discussions: “Municipal-state partnerships” C1: Leslie suggests that all available fields be evaluated for wetlands and all desired activities be listed. Then make a well thought out use plan. There should be room enough for everyone. At 11:30 AM the meeting reconvened outside on the Recreation Field: * Small groups walked the field observing puddles, sounds of frogs in the neighboring bog, man-made features including the bordering fire tower, the volleyball net/court, the crumbling riding ring fence and the riding ring announcement booth lifted and pulled apart by the growth of young trees. * Piper galloped in circles on her imaginary horse. * Jen said that her daughter’s class softball team will be using the field and wondered about scheduling its use. A: Becky: suggested that Jen set up a webpage on the town website that includes a sign-up calendar for field use. Becky also authorized Jen to use the Recreation Committee’s $500 budget for whatever sport supplies Jen felt appropriate. * David said that he would coordinate Conservation Commission “walk-through” visits to evaluate the recreation field, lot O-32, and behind town hall, all potential sites for recreational and other uses. The outdoor portion of the meeting gradually adjourned at 11:55 A.M. Respectfully submitted, Leslie Bracebridge Administrative Secretary 080412 Selectboard 1