Shutesbury Board of Selectmen
Meeting Minutes
April 15, 2008  
Members present:  Chairman Rebecca Torres and Ralph Armstrong. 
On leave of absence: Debra Pichanick.  Also Present:  Al Springer,
Town Administrator David C. Dann and Leslie Bracebridge, recording.
Meeting opened at 7:10 P.M.
Appointments  
Police Chief Harding:
* Provides weekly status report on the Leverett, Cooleyville and Prescott Roads (LCP) project and Amherst’s East Leverett Road bridge on Shutesbury’s Website.
* LCP construction workers are keeping traffic delays under 10 minutes in single lane work areas.  Every Friday they pave the previous 4 days’ torn up work area.  
* A Police Officer Training Academy is available in July in Springfield.  Other Academies will be coming up in various other Massachusetts locations.
* A state initiative to save tax payers’ money by having civilians do traffic details has been stopped.
Highway Superintendent Tim Hunting:
* Request to purchase a $12,000 to $13,000 power angled broom for ease in hook-up and more functional use on the new backhoe, with Chapter 90 funds.  
o The Capital Plan Committee had not been able to fund the broom in the FY ’09 plan that had $50,000 to work with and which included the purchase of a new cruiser put off from the previous year’s plan. 
o Outside sweepers were paid $3500 to sweep the main roads last year.  
o The department uses a broom to do the side roads, to prepare for paving, to clean up gravel washed into the road after big storms, and to remove sand from town lawns and driveways in the spring.  
o The current broom would not be traded in as it was previously retrofitted as it used to fall apart.
o The current broom takes 2 hours to attach to the tractor, and doesn’t always put the sand where the sand is meant to go.  
o Currently $212,491 is available in Chapter 90 funds. Chip sealing Farrar Road should run $6,000 and last year’s figures for reclamation and re-surfacing of Leverett Road from Pratt Corner Road to the town line was $145,211; it is expected to be higher this year.  Doing these projects would leave about $67,000 in available Chapter 90 funds. Tim anticipates getting over $100,000 more in Chapter 90 funds next year.  
o Selectmen considered that the Capital Plan Committee rejected the broom purchase for this year, that costs to repave the west end of Leverett Rd. could exceed last year’s estimate, that the LCP could have over runs, and that having outside sweepers do more roads to address citizen complaints could cost up to $6,000 before unanimously voting to keep the new broom as a priority but to put off consideration of purchase for a year to see how the Chapter 90 funds hold out this year.
* Highway Superintendent Hunting has had a few complaints about Montague Rd.:  
o The road can’t be graded in the winter when it is frozen.  
o Montague Road requires a higher proportion of Highway Department time and materials than any other road in town.  
o Traffic heavier than what is recommended for a dirt road leads to damage.  
o If abutters gave more easements, more drainage could be done.  
o Franklin Regional Counsel of Governments engineer James Toth’s previous report called for catch basins but catch basins aren’t usable unless the road is paved. 
o Roads are “recovering from winter” quickly this year as there was very little “mud season” due to the nature of the frost thaw. 
o The biggest problem with Montague Road is potholes.  Though they were filled during the winter, the next storm would wash the fill away. Perhaps ripping it up and reconstructing Montague Rd. is the answer.  “Hard pack” works well for potholes but causes a wash board surface in dry weather.   
* According to Jim Toth the depression over the high bridge on Leverett Road is not a structural problem.  When the reclamation work is done the highway department will dig down and remedy the depression.  Funding for road details for that work will come out of Chapter 90 funds.  
* Farrar Rd. is all approved and ready for chip sealing.  
* The Highway Department is ahead of previous years on spring time grading.
* Sweepers will be here Thursday and Friday (April 17 and 18.)

No Board of Health representation appeared to discuss participation in the Franklin Regional Council of Government’s Regional Brownfields Program.

In the presence of Town Moderator Kevin Hayes, Planning Board Chairman Deacon Bonnar and members Jeff Lacy, Jim Aaron, Joanne Sunshower, Steve Bressler, and Linda Rotondi met with Selectmen concerning the proposed zoning bylaws for the annual town meeting:
* The Planning Board voted to approve Draft 14 to be brought to the Selectmen for Annual Town Meeting.  A list of substantial changes since the public hearing will be made available to voters.  
* Draft 14 shows changes with shading and strike outs. The newsletter will have descriptive inserts and notify voters that the proposed zoning bylaws will be available on the town web site and paper copies will be available at town hall. 
* Moderator Hayes listed some suggestions he received from the Massachusetts Moderators Association as possible helpful town meeting tools including even time for pros and cons, and use of two microphones for points and counter-points.
o It was asked if two microphones could polarize issues and how would the neutral comments and questions be handled?  Kevin explained that if there isn’t a lot of opposition, having two microphones could help people see that it is time to move the question even without fairly offering equal time.
o Jeff voiced his experience that the presenters get more time than the opposition. Kevin explained that if there is major opposition it is fair to allow equal time for counterpoints.  
* Jeff explained that negotiations in the past week have been resolved.  Believes most of land owners who were in opposition are now in support of the bylaw.
* Becky offered that people may need a lot of explanations from the Planning Board to understand what the proposed zoning bylaws mean for Shutesbury.  
* The Planning Board may need at least 20 minutes to present a summary and additional time to review the recent critical changes. 
* Jeff and Deacon explained the recent changes to a group of 35 at the April 12 All Boards meeting.
* Joanne: In addition to an insert in the newsletter, interested parties will be calling different networks of people.  Since most opposition at the public hearing was resolved in the recent negotiations, little further opposition is expected. 
* An up-coming Gazette editorial will deal with some of the changes.
* A very positive article ran in the April 12-13 Daily Hampshire Gazette. 
* Any amendments as well as the entire bylaw must be passed by a two thirds vote.
* The Planning Board will have their land use attorney Joel Russell and their consulting hydro-geologist Jesse Schwalbaum at the town meeting.
* Town Counsel will also be present.
* The Planning Board will finalize newsletter inserts and their presentation at their next meetings.
Jeff announced that anyone on a small lot should go to the April 16 Board of Health Public Hearing on proposed new septic system regulations.
* David summarized that the Board of Health has been advised that legally they must review an older proposal and will hold a second continued public hearing at a future date on their current thinking.
* Jeff summarized the older proposal would have doubled the amount of land required for a new septic system in Shutesbury over the Massachusetts “Title V” mandate, and depending on a soils analysis it could be even more.  The newer April 11 proposed regulation, which needs a separate later public hearing, drops the acreage basis and instead makes lot size entirely dependent on the soils test.
* David will ask Board of Health Chairman Bill Elliott what is planned for the April 16 hearing to better determine if the presence of the Planning Board consulting hydro-geologist is needed at this first hearing. Planning Board members and Selectmen agreed that the consultant should come to the final hearing.  
* Deacon: The Planning Board rules comply with Title V and the Board of Health rules may go beyond Title V.  Becky responded that the Planning Board and Board of Health are supposed to work independently.
Selectmen unanimously voted to list the Select Board as a co-sponsor of the proposed zoning bylaws on the Annual Town Meeting warrant.   

Town Moderator Kevin Hayes reviewed the Annual Town Meeting warrant:
* Selectmen answered a number of questions concerning warrant articles.
* The budget article is dependent on a subsequent special town override election. If the override vote fails it will be necessary to have a special town meeting before July 1 as the town cannot spend money if the budget is out of balance.
* Helpful hints concerning announcements, amendments, and timing were offered.

Therese Legere and Norman Blaine requested use of the town common for their June 14 wedding reception.  100 people were invited and about 60 people are expected.  A 40’ X 40’ tent was planned if rain is in the forecast and may be needed if alcohol is served. They will have both a live band and recorded music.  Parking would be behind town hall.  Wine and beer would be served, but no hard liquor.  
* David will research the legality of serving alcohol on the town common. 
* Concerns about private use of the common were resolved by Therese and Norman indicating their willingness to invite the entire community to their reception.
* Their family plans to clean up the common after the 6 PM ending time.  Ralph would love to support it but wants time to think about it.  
* Therese made the town flag and another one that hangs at the state house.  Both Therese and Norman have lived here for 30 years and wanted to marry, but didn’t know where.  They got permission from Ted Cumberledge to use the church and feel that the town common is the appropriate place for their reception. Therese claimed that nothing is happening here and their reception will bring energy to the center of town.

Topics
1.  Jeff Lacy summarized a Smart Growth Design Competition that he entered:
On short notice, Jeff and David decided to enter Shutesbury’s Lot O-32 in a competition to receive free architectural services to design a smart growth project in a small town.  Shutesbury came in 3rd out of 6 and will only be called upon if either of the first 2 towns decline their award. 
2.  Selectmen plan to call a special override election for Tuesday June 10 from 7 AM until 8 PM if the override dependent budget passes at the annual town meeting.
3.  Next steps with Mark Montemagni were not discussed.
4.  Selectmen did not discuss sponsoring the Community Preservation Act on the Annual Town meeting warrant.

Select Board Action Items
1.  No meeting previous meeting minutes were approved.
2.  Selectmen signed vendor warrants totaling $485,115.04 and payroll warrants totaling $78,990.86.                 
3.  Selectmen unanimously voted to sign the annual town meeting warrant and to
 appoint the attached list of additional election workers through June 30, 2008.    
4.  Selectmen unanimously voted to appoint Denise Chiminiello and Nancy Long as Animal Inspectors for the coming year.  They will split the stipend.
5.  Selectmen voted to send letters to the state Republican and Democratic committees party chairmen requesting recommendations for election workers, in the absence of recommendations from the corresponding town committees.  In the likely event that no answer is received, the Selectmen will then have legal authority to appoint election officers from lists provided to them by the Town Clerk for the coming year.  

Selectmen adjourned at 10:05 P.M.

Respectfully submitted,


Leslie Bracebridge
Administrative Secretary
080415 Selectboard 1