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Selectmen Meeting Minutes — December 18, 2008—7:00 p.m. — Memorial Hall

Called to Order: Vice-Chairman, John Payne called the meeting to order at 7:00 p.m. Other members present: Joe Judd. Bob Manners was absent due to a scheduling conflict.

Acceptance of Meeting Minutes - a motion was made by Joe to accept the December 2, 2008 meeting minutes. John seconded the motion. Motion carried unanimously.

Noteworthy News: Joe reported that all power has been restored to Shelburne residents following a major ice-storm last Thursday. The Board thanked Terry Dun who was outstanding in his role as Emergency Management Director; the highway department, members of the police department; the National Guard and to each member of the Board of Selectmen who were performing welfare checks, in constant contact with WMECO and removing trees from local roadways. Everyone agreed that the storm was a good exercise for the town in terms of emergency preparedness.

Liaison Reports:
Police Department - Joe reported that he met with Chief Walker to discuss the winter parking ban; more discussion to come under "new business".

Town Office - in an effort to improve upon office efficiency, a partition has been installed in the front office providing the Town Clerk with a cubicle type setting. The partition was purchased used by the police department and was no longer needed after their office relocation. John reported that there are a few other areas yet to be addressed in the front office. John also reported that the Treasurer has been providing him with monthly cash flow reports. The months of September and October reflected a negative balance and the month of November reflected a positive balance. December's standing is still unknown.

Dept. of Safety RE: Trench Regulations - in accordance with state statute and Department of Public Safety regulations, a motion was made by Joe to appoint Bob Manners as the designated member of the Board who will be responsible for the issuance of required trench permits and the enforcement of said requirements. John seconded the motion. Motion passed unanimously.

Proposal to Discontinue Winter Maintenance on Two Private Roadways - the Highway Department has been maintaining two roads during the winter months that are clearly not the town's responsibility; one is a privately deeded right-of-way (Memorial Drive) and the other was abandoned by the State (a small loop near the Jehovah Witness Hall). Although the Board has not made any final decisions, there is a strong likelihood that next year, the maintenance of these roads will revert back to the property abutters as a cost savings measure. Letters have been drafted and will be sent to property abutters notifying them of the potential change. A motion was made by Joe to send the letters of notification to property abutters under the Chairman's signature. John seconded the motion. Motion passed unanimously.

Main Street Reconstruction (phase 1) RE: Additional Fees for Clerk of the Works - at the request of the town, Weston and Sampson provided additional Clerk of the Work services beyond what was provided for in the original contract. Weston & Sampson is requesting an amendment for the additional costs (72 hours at a rate of $75 per hour); a total of $5,400. John Ryan who was present for the discussion recommended that the Board authorize the additional payment however, he would first like an opportunity to review the final pay requisition from Freitas Construction so to ensure that there is adequate funding. Although no formal vote was taken, it was the sense of the Board to approve the request for the budgetary amendment once Breezeway Farm has completed their review of the general contractor's final pay requisition.

Department of Revenue RE: Free Cash Certification - the town's certified free cash amount as of July 1, 2008 is $117,450 (down $8,477 from last year). The Board of Selectmen will schedule a special town meeting in late January.

FY 2010 Budget Directives - Joe recommended a 2.5% increase in salaries and a level funded and/or reduced operating budget. John would like to challenge departments to come up with money saving ideas. Joe would like all departments to present their budget and he would also like to invite members of the school committee to a meeting as well. After a brief discussion, a motion was made by Joe proposing the following budgetary guidelines: a 2.5% increase in salaries and a level-funded and/or reduced operating budget. John seconded the motion. Motion passed unanimously.

Winter Parking Ban RE: Lack of Tenement Parking - after hearing concerns from residents who rent in the downtown area and can not find parking during the winter months and as a result are receiving parking tickets; Joe met with Chief Walker to see what could be done. Although a work in progress, the Chief will be speaking with landlords about the lack of parking and will determine whether or not there are areas in the village that can be used as an overflow without impeding snow removal.

Jon Bos, Shelburne Cultural Council RE: Appointments - acting on a letter of recommendation from Cultural Council Chairman, Jon Bos; a motion was made by Joe to appoint Constance Clarke, 117 Old Greenfield Road and Kim Klein, 16 Maple Street to Shelburne's Cultural Council for a six year term. John seconded the motion. Motion passed unanimously.

Memorial Hall Association RE: Proposed Renovations - Chairman Manners requested that a letter be sent to Memorial Hall Association after having read an article in a local newspaper regarding their plans to renovate the upstairs. Bob wanted to remind MHA of the clause in the lease agreement that requires their organization to obtain written consent from the Board of Selectmen prior to the onset of any construction, remodeling or the attachment of fixtures. A draft copy of the proposed letter was presented to the Board for their consideration. After reviewing the letter, a motion was made by Joe to send it to Memorial Hall Association. John seconded the motion. Motion passed unanimously.

Industrial Tower and Wireless, LLC RE: Communications Tower - Joe reported that he attended a Zoning Board of Appeals hearing on December 16th. The applicant, Industrial Tower and Wireless, LLC is seeking a waiver of the 100' height requirement so to replace an existing tower on Mt. Massamet with a 120' tower. After hearing the presentation, Joe indicated that the visual impact is slight and there is no environmental impact. The ZBA took the matter under advisement and would welcome any comments from the Board of Selectmen. Joe would like to wait until the full Board is present before discussing further. No action taken.

Mass Highway RE: Proposed Route 2 Bridge Betterment - the town received a letter from Mass Highway indicating that the state-owned bridge which carries Route 2 over Route 112 and the Deerfield River is eligible for state funding. If the $9,270,000 bridge replacement project is approved as a priority project, Mass Highway will notify the town of the project's proposed schedule.

Ashfield Stone, LLC RE:
Intent to Apply to Economic Development Incentive Program - the Board received a letter from Attorney Parsons notifying them of his client's intention (Ashfield Stone) to apply to the economic incentive program. Ashfield Stone owners Robert and Johanna Pratt are in the process of expanding its stone manufacturing business and will soon be purchasing Mayhew property located in the Industrial District on Main Street in Shelburne. The business will include manufacturing/processing, showroom, production viewing area, and retail and office space.

7:30 p.m. John Ryan CDBG Public Hearing - John Payne opened the public hearing at 7:30 p.m. John Ryan of Breezeway Farm explained that the purpose of the hearing was two-fold. First was to discuss and prioritize potential projects for the 2009 CDBG application where at least 51% of the direct benefit is for low and moderate income residents. John indicated that Breezeway Farm has advertised for proposals from social service agencies with the hopes of being able to compliment the town's 2009 application with one or more social service programs. Requests for proposals are due January 5, 2009. John reviewed the list of potential projects that qualify for block grant funding and explained that the town would be eligible to receive up to $1 million dollars if Shelburne were to submit a joint application with the Town of Buckland. After reviewing the list of potential projects, Joe made a motion recommending that the 2009 application be submitted jointly with the Town of Buckland and that it include the third and final phase of Main Street. John seconded the motion. John Ryan then explained the importance of including non-CDBG funded complimentary activities in the application; a component worth five points. He provided the Board with examples of projects that would be construed as such and asked that the Board think about any and all activities that would be eligible (i.e. river walk, library roof, Ashfield Stone, parking lot improvements). John also explained the importance of providing matching town funds. After no further discussion, Joe's motion was put to a vote. Motion passed unanimously. Before closing the first segment of the public hearing, John Ryan requested that the Board amend the town's Community Development Strategy document to include a "weatherization and energy efficiency" program sponsored by FCAC. The program offers low interest loans and/or grants of up to $25,000 for income qualified applicants. Joe made a motion to amend the housing portion of the town's Community Development Strategy document to include the weatherization and energy efficiency program. John seconded the motion. Motion carried unanimously.

The next segment of the hearing was to hear comments on two grant from previous years: 2006 School Street and Mechanic Street Infrastructure (grant #502); and 2007 Main Street Infrastructure and Demolition of Cross Street Barn (grant #547). John Ryan provided members of the Board with an overview of the 2006 School Street/Mechanic Street Project. He contributed the success of the Mechanic Street project largely in part to the partnership with Bank of Western Massachusetts's whose financial contribution enabled the adjacent retaining wall to be rebuilt. Joe suggested that a letter of appreciation be sent to the bank. John agreed.

As for the final closeout of the 2006 grant, John explained that the general contractor has submitted a final pay requisition in the amount of $114,243.72 which has been reviewed and approved by Stantec Engineering. The invoice will be processed for payment next week. Lastly, John asked that the Board consider an amendment to the Clerk of the Works budget for up to $1,900 to cover additional expenses. After a brief discussion, a motion was made by Joe to approve the change order. John seconded the motion. Motion carried unanimously.
2007 Main Street Infrastructure & Demolition of Cross Street Barn - John reported that the demolition of the Cross Street barn was nicely done. As for the Main Street project, it is very clear after having heard comments from the neighborhood, local businesses and the water district that people were dissatisfied with the contractor, Freitas Construction. Foul language, excessive construction vehicle speed, littering, little or no concern for pedestrian and vehicular traffic were just a few of the comments heard by those affected by the project. John Payne stated that direct feedback from residents has been very clear; they do not want to ever see this contractor again. In the future, Joe would like to send a strong message to contractors who work in this community; indicating that this type of behavior will not be tolerated.

John Ryan presented change orders 3 and 4 for the Board's consideration. Change order #3 in the amount of $20,300 covers the additional cost of shim coat and paving of Main Street. A motion was made by Joe to authorize change order #3 in the amount of $20,300. John seconded the motion. Motion passed unanimously. Change order #4 represents a "balancing" of the total contract. John explained that the original contract was in the amount of $576,507. Change order #4 in the amount of $15,690.47 coupled with two previous change orders totaling $30,508 brings the total contract price to $622,705.47. A motion was made by Joe to approve change order #4 in the amount of $15,690.47. John seconded the motion. Motion carried unanimously.

Lastly, John Ryan presented a pay requisition submitted by Freitas Construction in the amount of $85,018.50. John explained that he has had an opportunity to review the pay requisition and recommends its approval (the amount does not include 25% of the total paving cost nor retainage). A motion was made by Joe to approve the pay requisition in the amount of $85,018.50. Motion seconded by John. Motion carries unanimously.
After no further discussion or public comment, the public hearing was closed at 8:54 p.m.


Adjournment: a motion was made by Joe to adjourn the meeting at 8:59 p.m. John seconded the motion. Motion carried unanimously.

Respectfully submitted,

Terry Mosher, Executive Secretary