Board of Selectmen’s Meeting
January 23, 2007
Chairman Whitcomb called the meeting to order at 4:00PM with all members and Mr. Hinchey present.
Ms. Connors moved the Board of Selectmen vote to approve the minutes of the January 9, 2007 Board of Selectmen’s meeting. Mrs. Bohman seconded the motion and the Board of Selectmen voted unanimously in favor.
Ms. Connors moved the Board of Selectmen vote to approve the minutes of the January 17, 2007 Board of Selectmen’s meeting. Mrs. Bohman seconded the motion and the Board of Selectmen voted unanimously in favor.
Public Forum
Ms. Joann Sprague, representing the League of Women Voters, attended this meeting. She announced the League will sponsor a workshop on February 16, 2007 at the Dennis Senior Center. The League feels more citizens should be encouraged to run for elective office. This will be the subject of the workshop. The workshop begins at 7:00PM.
Mr. Whitcomb read a letter from the Affordable Housing Committee thanking the Board of Selectmen, William Hinchey, Karen Touchette and Terry Whalen for their support with the housing seminar held last week at the Chatham Bars Inn.
Ms. Toddy Everett asked that the Zoning Bylaw Rewrite be on the Agenda for discussion.
Ms. Toddy Everett asked that all cell phones be turned off at public meetings.
Ms. Everett also asked that all Committees recognize that once a speaker has been recognized - he or she should be allowed to speak uninterrupted.
Ms. Norma Avellar thanked the Board of Selectmen for their work in negotiating with the Orleans Board of Selectmen for an intermunicipal agreement regarding North Beach.
Mr. Steve Buckley addressed the Board to speak concerning affordable housing. He has information for the Chatham Affordable Housing Committee about the screening process used by the Chatham Housing Authority. He encouraged applicants to the Chatham Housing Authority who had been denied housing to contact him.
Bond Anticipation Notes
Finance Director Jennifer Petit reported the bids for a Bond Anticipation Note were received on January 18, 2007. The lowest bid was from Commerce Capital at an interest rate of 3.6215%.
Ms. Connors moved the Board of Selectmen vote to award Commerce Capital one Bond anticipation Note in the amount of $13,800,000 at 3.6215% interest. Mrs. Bohman seconded the motion and the Board of Selectmen voted unanimously in favor.
“VOTED: That all action taken by the Town Treasurer in advertising for public sale the $13,800,000 Bond Anticipation Note (Municipal Purpose Loan of 2007), No. R-1 (the “Note”) of the Town, issued in anticipation of bonds authorized pursuant to Chapter 44, Sections 7, 8 and 16 of the Massachusetts General Laws, as amended and supplemented, and by votes of the Town duly adopted, as described in Exhibit A, which by reference thereto is hereby incorporated in and made a part of this vote and the minutes of this meeting, and in connection therewith, the preparation and distribution of a Preliminary Official Statement and Notice of Sale dated December 31, 2006, and a final Official Statement dated January 18, 2007 (the “Official Statement”) be and
hereby are ratified, confirmed, approved and adopted;
That the Note shall be dated as of February 1, 2007, shall mature on February 1, 2008 and shall, subject to the provisions of this vote, be in such form, of such denomination and contain such other details as the Town Treasurer and a majority of the Board of Selectmen shall determine and approve by their execution thereof;
That the Note shall be originally issued by means of a book-entry system evidencing ownership and transfer of the Note; and in the event of failure or termination of the book-entry system, Cape Cod Five Cent Savings Bank, in Orleans, Massachusetts, or any duly appointed successor thereof, shall issue replacement notes in the form of fully registered certificates and shall act as Transfer Agent and Paying Agent therefor;
That the Note shall not be subject to redemption prior to its stated maturity date;
That the Note shall bear interest payable at maturity and is hereby sold and awarded as follows:
Purchaser |
Note No. |
Amount |
Interest Rate |
Premium |
Commerce Capital Markets, Inc. |
R-1 |
$13,800,000.00 |
4.00% |
$52,233.00 |
That the Town Treasurer be, and hereby is, authorized to execute and deliver a Material Events Disclosure Certificate generally as described in the Official Statement relating to the Note and to incorporate by reference thereto in the Note such Certificate both in such form as the Treasurer may approve by his execution thereof, and the obligation of the Town contained in such certificate is hereby approved and confirmed;
That the Board of Selectmen, the Treasurer and the Town Clerk be and hereby are, and each of them severally is, authorized to take such action, and to execute and deliver such certificates, receipts, or other documents as may be determined by them, or any of them, to be necessary or convenient to carry into effect the provisions of the foregoing vote; and
That the Town Treasurer is hereby authorized to prepare and deliver the Note to the aforesaid purchaser or order against payment in full of the agreed purchase price.”
Exhibit A
$1,000,000 Bond Anticipation Note (Building Remodeling Bonds) being issued in anticipation of a portion of the $1,015,000 unissued balance of the $1,865,000 Remodeling Bonds (Community Center) authorized under Article 11 of the Warrant at the 2003 Annual Town Meeting, pursuant to Chapter 44, Section 7(3A), of the Massachusetts General Laws as amended and supplemented. The Town voted to exempt all amounts required to pay principal of and interest on this authorization from the limitations of Proposition 2 ½, so-called, under Ballot Question One at the 2003 Annual Town Election. The Note is not being issued to renew or refund any bonds, notes or other obligations previously issued, except a like amount of bond anticipation notes, which notes were originally issued and dated on February 1, 2006, are now due
and payable on February 1, 2007 and will be paid from the proceeds of this Note. To date, no bonds, notes or other obligations have been issued against this authorization, except $850,000 Bonds dated August 1, 2005;
$3,200,000 Bond Anticipation Note (Building Construction Bonds) being issued in anticipation of a like amount of Building Construction Bonds (Public Works Facility) authorized under Article 11 of the Warrant at the 2004 Annual Town Meeting, pursuant to Chapter 44, Section 7(3), of the Massachusetts General Laws, as amended and supplemented. The Note is not being issued to renew or refund any bonds, notes or other obligations previously issued, except (I) $2,000,000 bond anticipation notes originally issued and dated on February 1, 2005 and were most recently renewed on February 1, 2006, and (ii) $1,200,000 bond anticipation notes originally issued and dated February 1, 2006, all of which notes are now due and payable on February 1, 2007 and will be paid from the proceeds of this Note. To date, no bonds, notes or
other obligations have been issued against this authorization;
$2,575,000 Bond Anticipation Note (Land Acquisition) being issued in anticipation of a like amount of Land Acquisition Bonds (McCoy Property) authorized under Article 40 of the Warrant at the 2006 Annual Town Meeting, pursuant to Chapter 44, Section 7(3), of the Massachusetts General Laws, as amended and supplemented. The Note is not being issued to renew or refund any bonds, notes or other obligations previously issued. To date, no bonds, notes or other obligations have been issued against this authorization;
$5,800,000 Bond Anticipation Note (Remodeling Bonds) being issued in anticipation of a like amount of Remodeling Bonds (Community Center) authorized under Article 1 of the Warrant at Special Town Meeting held on December 6, 2004, pursuant to Chapter 44, Section 7(3A), of the Massachusetts General Laws, as amended and supplemented. The Town voted to exempt all amounts required to pay principal of and interest on this authorization from the limitations of Proposition 2 ½, so-called, under Ballot Question One at the Special Town Election held on December 9, 2004. The Notes are not being issued to renew or refund any bonds, notes or other obligations previously issued. To date, no bonds, notes or other obligations have been issued against this authorization;
$200,000 Bond Anticipation Note (Remodeling Bonds) being issued in anticipation of a like amount of Remodeling Bonds (Community Center) authorized under Article 2 of the Warrant at Special Town Meeting held on December 6, 2004, pursuant to Chapter 44, Section 7(3A), of the Massachusetts General Laws, as amended and supplemented. The Town voted to exempt all amounts required to pay principal of and interest on this authorization from the limitations of Proposition 2 ½, so-called, under Ballot Question Two at the Special Town Election held on December 9, 2004. The Notes are not being issued to renew or refund any bonds, notes or other obligations previously issued. To date, no bonds, notes or other obligations have been issued against this authorization;
$745,000 Bond Anticipation Note (Water Bonds) being issued in anticipation of a portion of the $1,000,000 Water Bonds (Mains) authorized under Article 11 of the Warrant at 2006 Annual Town Meeting, pursuant to Chapter 44, Section 8(5), of the Massachusetts General Laws, as amended and supplemented. The Notes are not being issued to renew or refund any bonds, notes or other obligations previously issued. To date, no bonds, notes or other obligations have been issued against this authorization;
$185,000 Bond Anticipation Note (Water Bonds) being issued in anticipation of a portion of the $1,500,000 Water Bonds (Well and Pump Station) authorized under Article 10 of the Warrant at 2006 Annual Town Meeting, pursuant to Chapter 44, Sections 8(4) and 8(5), of the Massachusetts General Laws, as amended and supplemented. The Notes are not being issued to renew or refund any bonds, notes or other obligations previously issued. To date, no bonds, notes or other obligations have been issued against this authorization; and
$95,000 Bond Anticipation Note (Water Bonds) being issued in anticipation of a portion of the $545,000 unissued balance of the $1,500,000 Water Bonds (Storage Tank) authorized under Article 9 of the Warrant at 2001 Annual Town Meeting, pursuant to Chapter 44, Section 8(4), of the Massachusetts General Laws, as amended and supplemented. The Notes are not being issued to renew or refund any bonds, notes or other obligations previously issued. To date, no bonds, notes or other obligations have been issued against this authorization except $927,000 Bonds dated August 1, 2005 and $28,000 paid from available funds of the Town pursuant to Massachusetts General Law.
Mr. Whitcomb commended the administration for the forethought and good fiscal planning which results in a Standard and Poors high rating resulting in a desirable interest rate.
Warrant Articles
Article 1 – Annual Town Election
To bring in their votes on one ballot to elect the following Town Officers:
Two Selectmen for a three (3) year term
Two School Committee members for a three (3) year term
Ms. Connors moved the Board of Selectmen vote to place this Article on the Annual Town Meeting Warrant. Mrs. Bohman seconded the motion and the Board of Selectmen voted unanimously in favor.
Article 2 – Accept Annual Reports
To hear the reports of various Town Officers and Committees and see what action the Town will take relative to the appointment of officers not chosen by ballot, or take any other action in relation thereto.
Explanation: The purpose of this Article is to enable a Town officer or committee member to address the Town Meeting, particularly if said officer or committee was not able or did not choose to submit a Town Report.
Ms. Connors moved the Board of Selectmen vote to place this Article on the Annual Town Meeting Warrant. Mrs. Bohman seconded the motion and the Board of Selectmen voted unanimously in favor.
Ms. Connors moved the Board of Selectmen recommend approval of this Article to the Annual Town Meeting. Mrs. Bohman seconded the motion and the Board of Selectmen voted unanimously in favor.
Article 3 – Fix Salaries – Elected Officials
To fix the salaries of the elected Town Officers for the fiscal year beginning July 1, 2007
or take any other action in relation thereto.
Officer Appropriation FY07 Request FY08
Moderator $ 600 $ 600
Selectmen – Each 2,000 2,000
Chairman – Extra 500 500
Explanation: In accordance with Massachusetts General Law, Chapter 41, Section 108, salaries and compensation of elected Officers must be fixed annually by vote of the Town at an Annual Town Meeting. This Article fixes, but does not appropriate these salaries. Actual appropriation of funds for these salaries occurs under Article 5 – Town Operating Budget.
Ms. Connors moved the Board of Selectmen vote to place this Article on the Annual Town Meeting Warrant. Mrs. Bohman seconded the motion and the Board of Selectmen voted unanimously in favor.
Ms. Connors moved the Board of Selectmen recommend approval of this Article to the Annual Town Meeting. Mrs. Bohman seconded the motion and the Board of Selectmen voted unanimously in favor.
Article 4 – Consolidated Revolving Funds
To see if the Town will vote pursuant to the authority granted under Massachusetts General Law Chapter 44, Section 53E1/2, to establish or reestablish the following Revolving Funds for the purpose of receiving revenues and making disbursement in connection with the following authorized Town activities, or take any other action in relation thereto.
A) Airport Revolving Fund
All monies received by the Airport Commission from the operation of the Chatham Municipal Airport shall be credited to this fund. The Airport Commission shall be authorized to expend from this fund, without further appropriation, to defray the expenses of the Chatham Municipal Airport operated by the Commission. No more than $85,000 shall be expended from this fund during fiscal year 2008.
B) Bassett House Revolving Fund
All monies received by the Town from the operation of the lease of the Bassett House shall be credited to this fund. The Town Manager shall be authorized to expend from this fund, without further appropriation, to defray the maintenance expenses of the House operated by the Chamber of Commerce. No more than $8,000 shall be expended from this fund during fiscal year 2008.
C) Inspectional Services Revolving Fund
10% of all monies received by the Town from the issuance of all inspection permits shall be credited to this fund. The Community Development Department, with the approval of the Town Manager, shall be authorized to expend from this fund, without further appropriation to defray the expenses of consulting services associated with the approval of inspectional permits. No more than $40,000 shall be expended from this fund during fiscal year 2008, or take any other action in relation thereto.
Explanation: The purpose of these revolving funds is to segregate the revenues generated by each of these operations and to restrict the use of those revenues to the purpose for which they are collected.
Ms. Connors moved the Board of Selectmen vote to place this Article on the Annual Town Meeting Warrant. Mrs. Bohman seconded the motion and the Board of Selectmen voted unanimously in favor.
Ms. Connors moved the Board of Selectmen recommend approval of this Article to the Annual Town Meeting. Mrs. Bohman seconded the motion and the Board of Selectmen voted unanimously in favor.
Article 7 – Cost of Living Adjustment (COLA)
To see if the Town will vote to raise and appropriate and/or transfer from available funds such sums of money as are necessary to implement salary and wage adjustments in the Town’s Personnel Policies-Classification and Compensation Schedule and to provide funding for other salary compensation not a part of the Classification Schedule including Police and Fire Union employees, or take any other action in relation thereto.
Explanation: Chatham’s salaries are extremely competitive and they position the Town to attract highly qualified employees. The goal is to remain competitive relative to the cost of living on Cape Cod as well as be fiscally responsible to the taxpayers.
The Consumer Price Index (CPI) for the Northeast rose an average of 3%. Cape municipalities are projecting a 3% cost of living adjustment for 2008. Fire Union contract salary adjustments are set for FY08 at 3%. Police salaries for FY08 are currently being negotiated. This article will fund cost of living pay raises for non-school employees at 3%.
Ms. Connors moved the Board of Selectmen vote to place this Article on the Annual Town Meeting Warrant. Mrs. Bohman seconded the motion and the Board of Selectmen voted unanimously in favor.
Ms. Connors moved the Board of Selectmen recommend approval of this Article to the Annual Town Meeting. Mrs. Bohman seconded the motion and the Board of Selectmen voted unanimously in favor.
Article - Acceptance of M.G.L. Ch 39, S. 23D
To see if the Town will vote to accept the provisions of M.G.L. Chapter 39, Section 23D, or take any other action in relation thereto.
Explanation: In general, the purpose of accepting this statute is to better facilitate the workings of our committees and commissions. The state statute provides for a process whereby local board members who miss a single session of a hearing are able to vote on the matter provided they review the evidence submitted at the missed hearing session and file a certificate to said effect.
Currently, based on case law, only members of a committee who attend every session of a public hearing are eligible to vote on that matter. For hearings that open and close in one meeting, this isn’t a problem because the quorum of members is eligible to vote. However, for those complicated public hearings that span multiple meetings, (as frequently occurs with the Conservation Commission) it is not unusual to have a member(s) miss a meeting. Board members who miss a meeting for any reason are automatically ineligible to vote. In the worst-case, if too many members miss a meeting, there is no way the committee or commission can grant an approval even if they all show up on the last night of the hearing and vote “yes.” If the “voting quorum” has been
lost, any vote taken is invalid and the applicant would have to start the process over, which is time consuming for both applicant and the volunteer board.
In an effort to alleviate this difficulty, the Massachusetts legislature enacted a law in May 2006 to provide some relief to the applicant when a board member misses a meeting. The law, Section 23D of Chapter 39 of the General Laws permits the board member to vote despite having missed a meeting if the member certifies in writing that he or she has examined all evidence received at the missed session, including an audio or video recording (or transcript) of the session.
Mr. Bergstrom moved the Board of Selectmen vote to place this Article on the Annual Town Meeting Warrant. Mrs. Bohman seconded the motion and the Board of Selectmen voted unanimously in favor.
Mr. Bergstrom moved the Board of Selectmen recommend approval of this Article to the Annual Town Meeting. Ms. Connors seconded the motion and the Board of Selectmen voted unanimously in favor.
At 4:30PM the Board of Selectmen took a fifteen minute recess.
Inspector General Recommendations - Moorings
The Town is in receipt of an Investigative Summary from the Office of the Inspector General of the Commonwealth. The Inspector’s office received a request to examine the issue of fairness regarding public access to mooring spaces that were being rented to the public by private boatyards in Town waters. An investigation was ordered by the Inspector’s office to determine whether private boatyards in Chatham were operating lawfully and fairly with respect to their control of moorings in public waters.
After explaining the investigation and conclusions, the Inspector recommends:
1. That the Town of Chatham, through its Harbormaster, should take all necessary and appropriate steps to assert control over all new and vacant mooring spaces in Town waters that are currently controlled by private entities. From this point forward, private entities should no longer be permitted to decide who is assigned to moorings under their control. All such assignments should be made by the Harbormaster from a written waiting list in a fair and equitable manner;
2. Any attempt by private entities to assert authority over mooring assignments by relying on 310CMR section 9.07(2)(d) should be immediately overcome by rescinding mooring tackle permits issued by the Town to these private entities. Section 9.07(2)(d) is clearly inapplicable in the absence of mooring permits issued to these entities by the Town; and,
3. The Department of Environmental Protection is urged to carefully review 310 CMR section 9.07(2)(d) and clarify or rescind it on the basis that it clearly contravenes the spirit and letter of 310CMR section 9.07(2)(a) and MGL chapter 91, Section 10A. As currently written, it can be improperly interpreted to delegate the authority of an accountable public official, i.e. the Harbormaster, to unaccountable private entities who clearly operate under principles of self interest and personal gain.
The Board of Selectmen wanted to discuss this correspondence in public forum with Town Counsel present. Town Counsel Bruce Gilmore attended this meeting.
Mr. Gilmore addressed the Board of Selectmen in response to the Inspector’s report. Mr. Gilmore said the recommendations are consistent with the Inspector’s authority and responsibilities. The report highlights a discrepancy between the General Law and the Department of Environmental Protection CMR. Mr. Gilmore said the report cannot be ignored. At the least, the Waiting List process needs to be addressed. Equity needs to be addressed by the Harbormaster with the guidance of the Waterways Advisory Committee and the Board of Selectmen with the consideration of public input.
Mr. Gilmore feels a challenge to the Inspector’s recommendations would result in some type of litigation. He does not recommend a challenge. As a practical matter, Mr. Gilmore recommends reviewing the findings of the Inspector and come to some accommodations (regulatory) to distribute the moorings in a fair and equal manner after they are assigned to the boatyards.
Mr. Whitcomb said what is in place is acceptable (to a point) and some aspects of the process do not need to change. However, he feels the waiting lists need to respected. Mr. Whitcomb feels it is important to do what is best for the community as a whole. The boatyard viability is as important to the Town as the equitable distribution of moorings. Mr. Whitcomb also feels some appeal process needs to be developed for those who feel aggrieved by not getting a mooring if they have been on the waiting list and a vacancy becomes available either in the public domain or a private boatyard.
Mr. Bergstrom and Mr. Summers agreed that there needs to be equity in using the waterways of Chatham as described in State Law.
Ms. Connors suggested the Board of Selectmen listen to interested parties to develop “talking points” for the Waterways Advisory Committee to use to guide them in developing a recommendation as to how the Town is going to address this issue.
Mr. Oppenheim acknowledged the boatyard owners realize the moorings are a privilege and the owners recognize the need for equity.
Mrs. Bohman referred to the boatyard owners response to the Inspector General’s letter and commended the boatyard owners for recognizing that changes will need to be made.
Ms. Jamy Madeja, attorney for the boatyard owners, addressed the Board of Selectmen to reiterate points made in her letter, written on behalf of the boatyard owners.
Several people rose to speak. Generally points that were brought out at the meeting included:
The General Bylaw needs to be refined as it pertains to the moorings allocations and the waiting lists.
· The boatyards provide an important service in the Town.
· The Town needs assignment policies for the moorings.
· Boatyards could refuse to renew a mooring permit for various reasons including but not limited to unpaid bills, unacceptable behavior, etc.
· It was suggested by Mr. Gilmore that reasons for denying a permit should be given in writing so as to provide a basis for appeal.
· Public input should be sought and considered at the Waterways Advisory Committee meetings.
Mr. Bergstrom reiterated that the public trust has to be protected as regards how moorings are assigned and that cart blanche for terminating a mooring for someone cannot be allowed - there needs to be a valid facilities management plan so that it is not arbitrary.
Mr. Whitcomb made enquiry for thought and consideration by all parties:
· how does the Town justify no public access to moorings surrounded by private property; boatyard mooring access adjacent to public landings? and should the waiting list be used when a vacancy occurs in private boatyards?
· can the boatyards be asked to (or would they willingly) separate the mooring fee charges from other boatyard services and expenses
Mr. Summers said he also feels there should be a means of appeal at the local level and thought one question to be answered is:
· can the Waterways Advisory Committee act as an appeals board?
After some question and discussion, it was determined the Town could legally develop a separate waiting list for commercial use.
Ms. Connors said she would like to turn the suggestions over to the Waterways Advisory Committee to work with.
Ms. Connors also requested that the Waterways Advisory Committee place a discussion of the Town considering a separate waiting list for commercial vessels on a future agenda.
Mr. Robert Hamblet, Chairman of the Waterways Advisory Committee attended this meeting. Mr. Hamblet said he is confident the Committee has enough direction to discuss how they will proceed. Mr. Whitcomb asked Mr. Hamblet to inform the Selectmen if more staff support is needed. Mr. Hamblet said the Committee will need accessibility to legal counsel as they proceed.
Mr. Summers will act as the Board of Selectmen liaison to the Waterways Advisory Committee.
Harbormaster Stuart Smith suggested this would be a good time to televise the Waterways Advisory Committee meetings to inform citizens what will be discussed as well as collecting more public input.
Appointment
Mr. Bergstrom moved the Board of Selectmen vote to appoint Alvin L. Stern to the Council on Aging Board until June 30, 2007 unless sooner revoked or until his successor is appointed. Mrs. Bohman seconded the motion and the Board of Selectmen voted unanimously in favor.
Executive Session
Ms. Connors moved the Board of Selectmen vote to go into Executive Session for the purpose of discussing Land Acquisition. Mr. Whitcomb announced the motion and polled the Board of Selectmen. All voted to go into Executive Session.
The meeting adjourned at 6:45PM.
Respectfully submitted,
Ramona M. McDonald
Recording Clerk
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