Town of Chatham, MA - Selectmen's Meeting Minutes 3/20/07

Chairman Whitcomb called the meeting to order at 4:00PM with all members and Town Manager William Hinchey present.

Mrs. Bohman moved the Board of Selectmen vote to approve the minutes of the March 13, 2007 Board of Selectmen’s meeting. Ms. Connors seconded the motion and the Board of Selectmen voted unanimously in favor.

Mrs. Norma Avellar asked the Board of Selectmen to revisit the new intersection at Pond Street and Old Queen Anne Road. Mrs. Avellar does not think the intersection is safe.

Mr. Coleman Yeaw asked the Board of Selectmen to bring the Mobil Station Purchase back on the Board of Selectmen’s agenda to allow public involvement. He noted the use of the land would be restricted if Land Bank money is used.

Mr. Whitcomb said he supported the purchase with Land Bank funds to allow for open space and is not concerned about the restriction.

Mr. Whitcomb polled the members of the Board of Selectmen to ask if they wanted this Article back on the Agenda before Town Meeting. Mr. Bergstrom and Mrs. Bohman were not opposed to further discussion. Mr. Summers, Ms. Connors and Mr. Whitcomb did not feel it necessary. This item will not be back on the Board of Selectmen Agenda for discussion before the Annual Town Meeting.

Mr. Matt Linnell said he had a question about the T. W. Nickerson property. Mr. Whitcomb asked Mr. Linnell to put his question in writing to the Board and the Town will get back to him.

Mr. Linnell also said he feels the intersection has been made more dangerous during the reconstruction.

Mr. Stephen Buckley said he had knowledge that the Assistant Attorney General will be holding a seminar in Chatham on May 3, 2007 from 6:00PM until 8:00PM.

Proposed Article: By this petition, we wish to see if the Town will vote to authorize the Board of Selectmen to hold one meeting every other month, not to exceed one hour in length, at which they will receive questions and concerns from the citizens and taxpayers of Chatham about issues of interest and concern to the Town and consider and respond to such inquiries at such meeting.

Mr. Bergstrom moved the Board of Selectmen vote to place this Article on the Annual Town Meeting Warrant. Ms. Connors seconded the motion and the Board of Selectmen voted unanimously in favor.

Ms. Connors expressed concern that the wording does not allow research of a subject before the Board of Selectmen is supposed to respond to it. She said she favors the Public Forum at the end of the Board of Selectmen’s meetings to allow for more discussion or response to citizen inquiries.

Mr. Bergstrom said an open forum with the Board of Selectmen does not allow all interested parties to make their thoughts known because the subject matter is not established before the meeting. He did not object to the Article but noted it does not encourage debate.

Mr. Summers said he is always available to the public to answer any questions to him personally but did not see any harm in open forums.

Mrs. Bohman said she has concerns that an open forum would allow discussions on previous actions by the Board and feels it would be difficult to resolve issues or make decisions if they are constantly questioned after the fact.

Mr. Bergstrom moved the Board of Selectmen recommend approval of this Article to the Annual Town Meeting. Mr. Summers seconded the motion. Mr. Whitcomb said he feels this Article is unnecessary since the public has sufficient access to Board of Selectmen at their weekly meetings. The Board voted two in favor three opposed (Mrs. Bohman, Ms. Connors, Mr. Whitcomb). The motion was lost.

Proposed Resolution: Be it resolved that the Town of Chatham shall not hire any person to become an employee of the Town unless that person, to the Town’s best knowledge, is a legal resident of the United States. In addition, any contract to provide services to the Town of Chatham shall contain language to the effect that all work performed under that contract shall only be done, with the contractor’s best knowledge, by legal residents of the United States.

Mr. Stephen Buckley presented this Resolution to the Board of Selectmen for their consideration.

Mr. Bergstrom moved the Board of Selectmen vote to place this Article on the Annual Town Meeting Warrant. Ms. Connors seconded the motion and the Board of Selectmen voted unanimously in favor.

Mrs. Bohman said past experience has proven immigrated workers are needed to provide necessary services. Mr. Hinchey noted that the H2B and other visas allow for legal temporary residents of the United States.

Mr. Andrew Buckley said he fears the businesses are trying to save money by hiring employees who work for less than what a permanent resident of the United States would accept.

Mr. Summers hires temporary workers for his business and said he will abstain from voting on a motion to take a position. He said, however, he agrees wage competition is good.

Mr. Bergstrom said he agrees with the Resolution and feels there is a need for equitable wages. He feels the foreign workers are taking jobs away from Americans.

It was confirmed in the discussion that Mr. Stephen Buckley’s Resolution means not hiring or contracting with aliens who are in the United States legally and does not target illegal aliens.

From the gallery, Mr. David Oppenheim said he feels this Resolution is prejudicial and biased and would reflect poorly on the Town if it was passed.

It was also pointed out this Resolution may be illegal and the Town could be liable for prejudice.

Mr. Bergstrom Moved the Board of Selectmen vote to recommend approval of this Article at the Annual Town Meeting. There was no second and the motion was lost.

Proposed Resolution: Be it resolved, that the Town of Chatham shall procure, or otherwise obtain, a text-copy of the complete record of words that are transcribed for viewing at this and future Town Meetings, in order to make it available for later review by the General Public.

Mr. Stephen Buckley rose to speak to this Resolution. Mr. Buckley feels this would be a helpful tool for anyone interested in the Town Meeting or anyone researching Town Meeting minutes. He said the Town Clerk has concerns that people may think it is an official record of the Meeting, which it is not.

Mr. Summers Moved the Board of Selectmen vote to place this Article on the Annual Town Meeting Warrant. Ms. Connors seconded the motion and the Board of Selectmen voted unanimously in favor.

Mr. Summers felt the Town could defray the cost with a fee. Mr. Summers moved the Board of Selectmen recommend approval of this Article to the Annual Town Meeting. Ms. Connors seconded the motion.

Mr. Bergstrom felt this transcript would be less of an accurate record than video that is produced at Town Meeting.

Mrs. Bohman felt that the transcriber sometimes doesn’t get the names of speakers. She feels this record is expensive and superfluous since the Town has minutes of the action taken at Town Meeting.

Mr. Whitcomb agreed and went further to say not only can the Town Clerk provide the information but can certify the Articles.

The Board of Selectmen voted one in favor (Mr. Summers) and four opposed of recommending approval of this Article to the Town Meeting.

Proposed Article: To see if the Town will vote to amend its Protective (Zoning) Bylaw, Section III., District Regulations, Subsection C., District Use Regulations, paragraph 5., I Industrial District, sub-paragraph a., Standard Permitted Uses by adding the following:

Mr. Dan Meservey attended this meeting to speak to this Article. Mr. Meservey said in considering where a large building for an indoor health facility should be built in the Town, he felt it would be best for this to be placed in the industrial park and not on Route 28 where it would be an imposing addition to the landscape.

Mrs. Bohman moved the Board of Selectmen vote to place this Article on the Annual Town Meeting Warrant. Ms. Connors seconded the motion and the Board of Selectmen voted unanimously in favor.

The Board of Selectmen will send this Article to the Planning Board for their recommendation.

Ms. Connors restated she appreciates small constructive changes to the Protective (Zoning) Bylaw.

Zoning Officer Kevin McDonald, Director of Community Development, attended this meeting. Mr. McDonald told the Board of Selectmen this proposed Article supports the previous petition but includes language which expands on the petition language to better conform to the format of the Protective (Zoning) Bylaw and to restrict some uses.

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.

The Board of Selectmen will wait for the Planning Board report and make their recommendation from Town Meeting Floor.

This Article, presented by the Chatham Housing Authority, would lengthen the four leases to the Authority on the MCI North property to a minimum of fifteen years making them (according to the Authority) credited on the Massachusetts Department of Housing and Community Development’s Subsidized Housing Inventory and credited towards attaining the Town and State’s 10% affordable housing stock goal.

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.

Mrs. Daley said the Chatham Housing Authority will not manage these units if this Article does not pass Town Meeting.

Executive Director of the Chatham Housing Authority Valerie Foster told the Board of Selectmen the 10% goal for affordable housing in Chatham is not an “intangible” number. She stated it is very important in obtaining grants/funds from other governmental units and would be beneficial to the Town.

Mr. Bergstrom said he did not appreciate the threat to withdraw the Authority’s management of the program in order to get a favorable vote on this Article. Mr. Summers said the Board of Selectmen has been very supportive of affordable housing initiatives, the units are being used for that purpose with the five year renewable leases. He still is not prepared to exclude other uses for the houses.

Mr. Whitcomb noted successes have been made with the five year leases and he did not understand the Authority’s suggestion that they would back away from a such a helpful program. Mrs. Daley said the Authority is not in the business of managing properties that are not under DHCD.

Ms. Connors moved the Board of Selectmen vote to recommend approval of this Article to the Annual Town Meeting. Mrs. Bohman seconded the motion. The Board voted three in favor, two opposed (Mr. Summers, Mr. Whitcomb). The motion carried.

This Article would provide a mechanism for funding monitoring and other costs associated with the operation and closing of the Wood Waste Reclamation Facility upon purchase by the Town if the purchase is voted at the Annual Town Meeting.

Finance Director Jennifer Petit attended this meeting to explain how the Enterprise Fund would be used.

Ms. Connors moved the Board of Selectmen vote to place this Article on the Annual Town Meeting Warrant. Mr. Bergstrom 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. Mr. Bergstrom seconded the motion. The Board of Selectmen voted four in favor one opposed (Mr. Summers does not support the purchase).

Mrs. Bohman moved the Board of Selectmen vote to appoint Hrant Russian to the Planning Board until June 30, 2008 unless sooner revoked or until his successor is appointed. Ms. Connors seconded the motion and the Board of Selectmen voted unanimously in favor.

Deputy Assessor Andrew Machado attended this meeting to explain his recommendations for the Warrant Article and for taking as public ways Northgate Road, Lover’s Lake Circle, and Uphill Circle.

Mr. Jack Farrell, representing the owner of #3 Northgate Road, asked the Board of Selectmen to exempt this parcel from the betterment assessment because they have no access to their property from Northgate Road.

Mr. Bergstrom moved the Board of Selectmen vote to exempt #3 Northgate Road from a betterment assessment. Ms. Connors seconded the motion and the Board of Selectmen voted unanimously in favor.

The representatives for #713 Crowell Road asked that the property be exempted. Mr. Summers moved the Board of Selectmen vote to exempt #713 Crowell Road from the betterment assessment. Ms. Connors seconded the motion.

Mr. Whitcomb did not feel the property should be exempted because their access is on Northgate Road. There was further discussion at which time Director of Community Development Kevin McDonald told the Board of Selectmen some Towns assess half the cost to corner lots because they could possibly be charged betterments on both roads.

Ms. Connors moved the Board of Selectmen vote to exempt 50% of the betterment assessment to #713 Crowell Road. Mr. Bergstrom seconded the motion and the Board of Selectmen voted unanimously in favor.

Ms. Connors moved the Board of Selectmen exempt lots 11I-13A-G1, ll1-65-1, 11I-CA-G26, 11I-47-G35, 11I-48-G36, and 11I-49-G37 as recommended by the Deputy Assessor. Mr. Bergstrom seconded the motion and the Board of Selectmen voted unanimously in favor.

Ms. Connors moved the remaining lots be assessed a betterment in equal shares, by lot, with the exception of 713 Crowell Road which will be charged a 50% share. Mrs. Bohman seconded the motion and the Board of Selectmen voted unanimously in favor.

Ms. Connors Moved the Board of Selectmen vote to place this Article on the Annual Town Meeting Warrant. Mr. Bergstrom 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.

This Article would allow the Town to Take Northgate Road, Uphill Circle and Lover’s Lake Circle at the request of the owners/abutters and ultimately assess betterments for bringing the road up to Town standards.

The Board of Selectmen had previously voted to place this bonding Article on the Warrant. A vote needs to be taken to place this on the Spring Election Ballot for consideration by the voters.

Mr. Bergstrom moved the Board of Selectmen vote to place this question on the Annual Town Election Ballot. Mrs. Bohman seconded the motion and the Board of Selectmen voted four in favor one opposed (Mr. Summers).

Mr. Bergstrom moved the Board of Selectmen vote to renew the Seasonal Alcoholic Beverage Licenses as presented, with the exception of Pices Restaurant. Ms. Connors seconded the motion and the Board of Selectmen voted unanimously in favor except that Mrs. Bohman did not vote on Pate’s renewal because of a personal interest.

Pices Restaurant was the subject of discussion relating to parking problems in the neighborhood.

Two of the neighboring property owners, Mr. Johnson and Mr. Scuyler told the Board of Selectmen patrons of the restaurant park on private property and there are safety and liability concerns associated with the parking.

Mr. Summers said he does not want to disapprove the renewal of the license but feels parking and safety issues need to be resolved.

Mr. John Oliver represented the owners at this meeting. He said the restaurant has been in business since 2001 with no complaints from the Town.

Mr. Summer moved the Board of Selectmen vote to renew the license for Pices contingent on the resolution of the parking to Chief Pawlina’s satisfaction. Mrs. Bohman seconded the motion.

Police Chief Mark Pawlina said a plan was implemented in 2006 and was very effective in eliminating most of the issues. After further discussion, it was the consensus of the Board to further discuss this license in two weeks. Mr. Summers withdrew his motion.

Mr. Whitcomb announced the Affordable Housing Committee met and voted the Board of Selectmen not place the Middle Road affordable housing article (or an alternative article) on the Warrant for this year.

Mr. Whitcomb also announced there will be a meeting on Tuesday, March 27 from 1:30 to 3:30 in the downstairs meeting room for anyone who has questions or comments for the upcoming use of various properties by West Wind LLC.