Shutesbury Board of Selectmen June 17, 2008 Meeting Minutes Members present: Chairman Rebecca Torres and Ralph Armstrong. Also Present: Selectman-elect Al Springer, Town Administrator David C. Dann and Administrative Secretary Leslie Bracebridge, recording. Also present: A number of Lake Wyola property owners. Meeting opened at 7:04 P.M. In the presence of many Lake Wyola waterfront property owners including former Lake Wyola Association President Glen Breland who previously owned a water quality testing laboratory, and Conservation Commission member Gail Fleischaker, Lake Wyola Dam Management Committee Chairman and Lake Wyola Advisory Committee Chairman Robert Thompson: In previous draw downs, each individual property owner was allowed the equivalent of 5000 square feet of soil disturbance of the land under the high water mark in front of the individual owner’s property. For 2008 the Department of Environmental Protection (DEP) has indicated that only 5000 square feet of all property under the high water mark that is owned by the Town of Shutesbury (estimated at about 80% of all shore front property) may undergo soil disturbance before a 401 water quality permit will be required. No one from DEP or Mr. Thompson “has all the answers.” Mr. Chin from DEP in Boston allows for less strict testing requirements for a 401 water quality certification than other colleagues in the Western Massachusetts DEP office. Mr. Chin therefore changed specs and took out the “QC” (quality control) requirements because pesticides have never been used on the lake. Reviewed a timeline showing there is significant time to apply for the 401 water quality and do the proposed individual waterfront projects. Glen Breland former president of the Lake Wyola Association, has done lake testing in the past, but subsequently has sold his company to a larger state-approved lab used for cost estimates distributed in attached handouts. Has a meeting in Boston tomorrow with Mr. Chin and would love to tell him that funding is available to move forward toward getting the required 401 water quality certification. Has promised assistance from Dam Management Committee member Richard Brazeau and Doctor Bob Douglas to complete and distribute the appropriate forms to the appropriate state officials. Though none of the lake property owners present are local voters, they are all “tax-payers.” The lake serves as the “engine that helps the town.” We really need to be thinking long-term about the lake. Its survivability is healthy for everyone around. The $7500 request for assistance with the 401 water quality certification test is small compared to what they pay in taxes to the town. If the town will grant the funds the lake-front property owners will appreciate it. Offered to manage the permitting process but would appreciate technical assistance from someone on the Conservation Commission. Questions: Why 2 total organic carbon tests? The tests are often required to be done in duplicate, sometimes in triplicate. The applicant will only be charged for the number done. What if values come back high? It will be addressed when and if it happens. The tests of 10 years ago came back without concerns. Becky: The reason for a timeline is to make sure the testing would be done in time for a fall drawdown because if state funding is provided for the dam repairs, the project will go forward this year. Funding for the 401 certification for individual projects is important but secondary to the purpose of tonight’s meeting to emphasize that the project will go forward this year if the state provides dam repair funds. Town Administrator David Dann: Described the repair budget as “fuzzy.” Of the original $50,000 budgeted for permitting only $26,000 has been spent so far partly because the town’s responsibility to do a 401 water quality certification was waived. A lot will depend on what the low bid for repairs comes in at. Right now, there is $71,000 left in the account and everything is paid so far. The town is “keeping fingers crossed that it receives $150,000 from the state which would leave the town with $221,000 to cover all remaining costs including the Clerk of the Works. At today’s contractor walk-through with Engineer Root it was evaluated as “not a very big project,” but with a lot of little aspects making it hard to know what the low bid would come in at. Because Phil Kinder has agreed and Morris Root has accepted him to be Clerk of the Works at $25/hour, a much reduced rate than Engineer Root alone, there will be a significant savings to the town. Becky: Doesn’t know what the low bid will be, but, “We need to move ahead or the timeline is blown.” Bob Thompson offered to publish weekly progress reports to share with the board. A motion was made and seconded to provide up to $7500 for permitting for a limited 401 water quality certification that includes tests. Al Springer: They don’t have that many children in the schools and agrees it would be good to help with this permit. Predicts sometime in the future there will be another drawdown and suggests the Association put away a few hundred dollars per year to cover the permit costs for the next drawdown. Bob Thompson: Has run a beer tasting fund-raiser for 4 years in a row for environmental projects around the lake. He intends to keep that going. The Association controls the spending. Bob will notify the LWA that the Selectmen would like the Association to raise funds to contribute toward the 401Water Quality Certification permit for the next drawdown. Becky: This Select Board will likely not be the same for the next drawdown. She doesn’t know the opinion of the next Board, and therefore it is important that the LWA start preparing for the future. Having the override pass makes it “much easier” to consider assisting with the 401 water quality certification. She appreciates Bob’s hard work to minimize costs. Bob: Hopes “DEP-West” doesn’t trip-up anything. Invited Selectmen to join him with Mr. Chin tomorrow. Praised David’s efforts to bring together representatives from Governor Patrick’s office and DEP officials for a June 28 meeting at the Lake Wyola Lodge which could maybe help with state funding going forward. Selectmen unanimously approved the motion to use up to $7500 from the permitting line of the dam repair budget to assist with the 401 Water Quality certification permit described above. A motion was made, seconded and unanimously voted to adjourn at 7:36 P.M. Respectfully submitted, Leslie Bracebridge Administrative Secretary FILENAME 080617 Selectboard PAGE 2