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  1. Open Space Committee MeetingMon, Aug 27 07:00 pm

Selectmen Meeting Minutes 
July 16, 2012 -- 7:00 p.m. -- Memorial Hall

Call to Order: Chairman, Bob Manners called the meeting to order. Other members present: Joe Judd and John Payne.

Media Present: Chris Collins, Shelburne Falls Independent

Noteworthy News:

Shelburne Falls Fire District has imposed a mandatory restriction on all non-essential outdoor water use between 9 a.m. and 5 p.m., due to flow conditions in the North River adjacent to the District's two wells. When the U.S.G.S. stream flow sensor drops below 44.5 cubic feet per second for three consecutive days, the District is required, under the Water Management Act, to restrict water use in order to help maintain a balance of recreational activities, wildlife habitat, and human consumption. The District shall lift the restriction when the North River stream flow is above 44.5 CFS for seven consecutive days.

Department Liaison Reports:

Highway Department - Joe will meet with Mark Shippee tomorrow to discuss the department's priorities. Independent contractor, Mark Amstein has agreed to continue mowing the Hill Cemetery as needed.

Senior Center - Donna MacNicol is in the process of reviewing the three-town Consortium agreement. Joe anticipates a few minor changes. Each of the three member towns has posted an advertisement for the Director's position internally. The deadline for submitting resumes is July 25th.

Police Department - John had nothing to report.

Emergency Management - John completed his review of the "After Irene Action Report"; a report orchestrated by the Regional Preparedness Program at the Franklin Regional Council of Governments. He suggested that the Board schedule a meeting with Chris Myers, Emergency Management Director, as well as other "key" town officials (police, fire, Board of Health) to discuss areas of opportunities for improvements. Bob agreed to coordinate and schedule a meeting later in the year.

Pratt Building Committee - Bob reported that the 4th of July holiday conflicted with the Committee's meeting schedule therefore, they did not meet. The Committee will meet in August.

7:15 p.m. WMECO Pole Hearing RE: Main Street - WMECO representative Donald Fish appeared before the Board seeking approval to place one (1) solely owned pole, 45/43E, on the westerly side of Main Street, approximately three thousand, five hundred and seventy feet (3,570') from the center line of Hope Street to provide National Grid's #4 Substation with three-phase power. Following a series of questions and answers, John presented a motion to authorize placement of one (1) solely owned pole on Main Street on property owned by National Grid. Joe seconded the motion. Motion passed unanimously.

7:30 p.m. John Ryan, Breezeway Farm Consulting RE: Grant Update - John Ryan appeared before the Board to provide updates on FY'10; FY'11; and FY12 Community Development Block Grants in the towns of Buckland and Shelburne.
FY'10 Grant: Highland Village Pavement & Curbing & Clement Street Window Replacement - the Department of Housing and Community Development approved a grant extension through September 30, 2012 to complete both projects. To allow Breezeway Farm Consulting time to process related paperwork, John Ryan requested that the Board vote to authorize an extension of their Administrative Services contract through October 31, 2012. Joe presented a motion to extend the administrative contract with Breezeway Farm Consulting, Inc. until October 31, 2012 to allow completion of the FY'10 project and grant close-out. John seconded the motion. Motion passed unanimously.

FY'11 Grant: Reconstruction of Grove and Clement Streets - John reported that both projects are nearing completion. There are outstanding punch list items that need attention before final paving. Both projects must be complete by July 31st. John indicated that a balancing change order will be forth coming to include changes made on the Clement Street project ($28,000 in granite curbing; installation of railing along the steep section of sidewalk near McCusker's Market; and a backflow preventer. John estimates that Shelburne will have a balance of $60,000 to $70,000 remaining once Grove Street is complete. The easiest way to utilize the excess funds is to identify additional work within the existing project area; or extend an existing activity. New activities would require a lengthier approval process. Joe will speak with Mark Shippee to discuss potential projects.

FY'12 Grant: Highland Village Parking Lot Improvements Project; Emergency Food Services Project; and Sears Street, Buckland - the towns of Buckland and Shelburne received $910,451 in funding. John pointed out the two-town application ranked eleven (11) out of thirty-three (33) communities in the Commonwealth


Highway Department RE: Superintendent Position - 6 applicants submitted resumes for the position. Search Committee members are reviewing the resumes and will recommend three candidates for the Select Board to interview in mid-August. Applicants have received notice of the proposed schedule.

Highway Department RE: Furnace Replacement Quotes - Members of the Board discussed the merits of installing a clean burning furnace verses a waste oil furnace. A waste oil furnace costs $2,800 more than a clean oil furnace. Finding a source of waste oil and providing on-site storage appears to be problematic. The Highway Department on average generates approximately 120 gallons of waste oil annually. Last year, the garage used 688 gallons during the heating season. Board members will continue to research before making a final decision at their next meeting.

Cowell Gymnasium:

  • Mold Remediation - Joe has received a "Site Preparation" work plan and "Hazardous Materials" report from Covino Environmental. The work plan addresses demolition, microbial remediation and surface cleaning, as well as the removal of non-salvageable contents from the lower level. Joe will make the document available to Board members.
    Once the review process is complete, he will work with Terry to advertise the project. 
  • Hazardous Materials - The hazardous materials report revealed minor concern for the presence of asbestos in the floor tile in the small office and in the window caulk and glazing compound in the basement windows on the south-side. The Town intends to remove and replace the windows during the water-proofing project.
  • Waterproofing Foundation & Drainage Work - The Town received four (4) bids ranging from $77,875 to $168,000. Reference checks are favorable for the low bidder; Deane Excavating Company of Bernardston, MA. Joe presented a motion to award the low bidder; Deane Excavating in the amount of $77,875. John seconded the motion.
    Motion carried unanimously.
  • Clerk of the Works - Given the age of the building and the potential for uncovering "unknown" problems during the project, Terry recommended that the Town hire part- time inspection services to oversee the project. She solicited interest from three proposers; the Town received two proposals:
    Weston & Samspon Engineering - proposal includes construction administration;
    and up to 40 hours of inspection services at $75/hour for a total of $6,800.
    Jim Toth - Site visits: $200 day; Off-site meetings or administrative tasks: $150/hour; does not carry required professional liability insurance; would add to the overall cost of his quote.
    After reviewing the information, John presented a motion to accept the proposal submitted by Weston and Sampson Engineering in the amount of $6,800; to include construction administration services and up to 40 hours of inspection services. Joe seconded the motion. Motion carried unanimously.
  • Chimney Repair - to date, the Town has received only one estimate for the repair of the Cowell Gymnasium chimney from Titan Roofing in the amount of $7,125.00. Terry has left messages with two reputable masons recommended by Architect, Joe Mattei. To date, no one else has responded. Terry will follow-up with Joe Mattei.

Transfer Station RE: Private/Commercial Haulers - using the Small Town Administrators network, Terry sent out an inquiry to obtain information from other cities and towns to help the Board determine whether private and/or commercial haulers should be allowed to use the town's site. Of the eleven (11) responses received, two (2) towns allow private haulers. Following a brief discussion, Joe agreed to have dialogue with the hauler in question and inform him of the Board's concerns. Joe will also speak to the Board of Health about licensing private and commercial haulers annually. None of the Board members feel that the site should allow haulers of any kind but are hesitant to prohibit the practice if it would cause financial hardship to a local Buckland resident who has been providing the service for many years.

Cowell Gym Director Position - Joe is scheduled to meet with the former Director on Tuesday, July 17th to discuss her "experience" while serving in the position.
Memorial Drive Winter Maintenance - Joe will schedule a meeting with Kevin Parsons to discuss the agreement.

Pratt Committee RE: Clarification on Process for Moving the Project Forward - Whit Sanford appeared before the Board seeking clarification before moving forward with the library restoration project. She asked the Board questions to determine who would be responsible for writing a request for proposal, negotiating and contracting with an architectural firm, hiring a Project Manager, managing the funds, etc. 
The Pratt Committee believes that the Town should take the lead being that the building belongs to the "inhabitants of Shelburne." Members of the Select Board disagreed. They feel strongly that the Pratt Building Committee (entrusted with the building's care and maintenance) should take the lead. A lengthy discussion ensued regarding professional liability insurance, access to legal counsel for review of contract documents, and overall management and accounting of funds associated with the project. Board members emphasized that until the library agrees to become a town department; tasks such as these, will be difficult to accomplish. Board members encouraged the Building Committee to seek outside guidance to help move the project forward. Suggestions included guidance from Breezeway Farm Consulting, Andrea Woods from the Franklin Regional Council of Governments, and other neighboring communities who have recently renovated a historic library structure (Buckland). Whit agreed to take the Board's suggestions back to the Building Committee.


Ray Sonntag RE: Sewer Commission - Raymond Sonntag of 139 Main Street has expressed an interest in serving as a member of the Sewer Commission providing that the Board is able to find at least one or two more residents who live within the Sewer District who is willing to serve with him.

Judith Truesdell RE: Zoning Board of Appointment - Zoning Board Chairman, Joe Palmeri sent an email to the Board recommending that Judith be appointed to the vacant seat (term will expire June 2013). Joe indicated that this appointment would provide a perfect opportunity to "try someone" for a year; and if that individual does not work out; the ZBA would not seek re-appointment. Despite the ZBA Chairman's recommendation, members of the Board voted unanimously to decline Ms. Truesdell's request for appointment. Given the complexity of the ZBA's responsibilities, there was concern that Judith had no prior experience nor did she possess expertise relevant to ZBA work. Members were also concerned about her passion regarding the windmill issue. They felt that her appointment might create the appearance of a possible conflict of interest. Bob will draft a letter notifying Judith of the Board's decision.

Ricci Smith RE: Request for Class II License at 1155 Mohawk Trail - Ricci Smith of 108 Old Greenfield Road is seeking a Class II license which would allow him to sell used off-road vehicles and an occasional used vehicle at 1155 Mohawk Trail. Following a brief discussion, members of the Board declined to act on the application because the applicant owes a significant amount of outstanding real estate taxes at that location and has made no effort to establish a payment agreement with the Town (Town of Shelburne By-laws: Article 3, section 5 ). Bob will send Ricci a letter notifying him of the Board's decision.

Breezeway Farm Consulting RE: Request to Extend FY'10 Grant Administration Contract - refer to 7:30 p.m. appointment with John Ryan.

Louis Migliozzi RE: Request to Donate 10+ Acres of Land on Brook Road - Mr. Migliozzi of Southampton, MA has owned the ten acre parcel on Brook Road since 1986. The land is identified as two separate parcels on the Assessor's Map #34; parcels 19.1 and 20. The owner has indicated that he is no longer able to afford the taxes and would like to give ownership to the Town. Before making any decisions, members of the Board will schedule a time to meet to review the property.

Identification Badges - the Town's newly appointed Animal Control Officer, Ed Grinnell spoke with Joe regarding the importance of carrying some form of official identification while representing the Town. Bob and Joe agreed that individuals representing the Town in an official capacity (Select Board, Board of Health, Emergency Management, Animal Control, etc) should carry some form of identification that clearly identifies the individual as an official of the town. Joe will research some options for the Board to consider.
Bridge Street Sidewalk Work - Joe will speak with Mark Shippee about earmarking approximately $2,000 in Chapter 90 funds to address the problematic sidewalks along Bridge Street resulting from nearby tree roots.

Respectfully submitted,

Terry Mosher
Town Administrator