Board of Selectmen’s Meeting
June 19, 2007
Chairman Whitcomb called the meeting to order at 4:00PM with all members and Acting town Manager Jennifer Petit present.
Ms. Connors moved the Board of Selectmen vote to approve the June 7, 2007 Board of Selectmen’s minutes. Mrs. Bohman seconded the motion. Mr. Summers made a correction to Paragraph nine on the discussion about the PD/Annex. The change was duly noted. The Board of Selectmen voted four in favor one abstention (Ms. Connors did not attend the meeting).
Public forum
Mr. Don St. Pierre rose to tell the Board of Selectmen he wanted to commend Lee Tallman for his efforts in rescuing three men from the water over the weekend.
Mary Ann Gray of Stage Harbor Road told the Board of Selectmen she was concerned about the amount of trash at the Lighthouse over the weekend and hopes this will be handled with more oversight. She also said she hopes the portable toilets will be screened and monitored closely.
Mr. John Hallgren said he read the portable toilets would be cleaned five days a week and he did not think this would be sufficient.
Committee Update - Public Ceremonies Committee
Mr. Tom Hatch, Chairman of the Public Ceremonies Committees, attended this meeting. Mr. Hatch said the Veterans’ Day and Memorial Day Ceremonies were successful and thanked Robert Franz for his participation. Mr. Hatch said attendance is up at both of these functions. Mr. Hatch also wanted to thank Chris Roberts and the Chatham High School Band who have been so willing to work with the Public Ceremonies.
The Fourth of July parade will begin at 9:30AM. The theme this year is “Historic Post Cards of Chatham”. The applications are available at Town Hall and the Chamber of Commerce. Mr. Hatch thanked the Park and Recreation Commission for resuming the traditional after parade festivities at Veteran’s Field. The Chamber of Commerce has agreed to oversee that part of the Fourth of July celebration. DPW Director Dan Tobin will be at the entrance gate to direct trucks. Mr. Hatch reviewed some of the groups that will be performing on the 4th. Ms. Connors asked Mr. Hatch if he had any concerns about non-voters being on the Public Ceremonies Committee. He responded that he did not and thought the summer residents might actually enjoy getting involved.
Mr. Hatch said he had to turn away fifteen bands that wanted to participate because of a lack of funding.
Mr. Whitcomb asked if Mr. Hatch needed volunteers. Mr. Hatch said he would welcome the help. He also said he needed flat bed trucks and generators.
Harbor Navigation Recommendations
Harbormaster Stuart Smith attended this meeting in response to comments made at a previous meeting that the new breach was dangerous. Mr. Smith said we could take action to put caution signs, or “go slow” signs or consider a 5 mile speed limit zone. Mr. Smith has not marked the area for navigation because he does not want to encourage people to use the breach for a pass-though.
Mr. Summers thought the area should marked to let people know it is dangerous. There was no objection to Mr. Summers suggestion and by consensus the Board of Selectmen acknowledged they want the Harbormaster to place warning signs in the area of the new breach.
Special Town Meeting Warrant
Ms. Connors moved the Board of Selectmen change the date of the Special Town Meeting to July 31, 2007 because of a conflict with the Taste of Chatham. Mrs. Bohman seconded the motion and the Board of Selectmen voted unanimously in favor.
There was some discussion about the time of the Special Town Meeting because of the ventilation. Ms. Petit informed the Board of Selectmen there will be portable air control brought in for the meeting.
Ms. Connors moved the Board of Selectmen vote to start the meeting at 7:00PM on July 31. Mr Bergstrom seconded the motion and the Board of Selectmen voted unanimously in favor.
Mr. Bergstrom moved the Board of Selectmen vote not to recommend approval of Article1 - an article to appropriate a sum of money for the purpose of costs associated with using mined material to fill the breach created by the April 15 Northeaster. Mr. Summers seconded the motion.
Mr. Bergstrom, Mrs. Bohman and Mr. Summers each expressed sentiment that they were willing to try and repair the breach but it has grown considerably and along with the breach growing wider, the costs have escalated as well. Mrs. Bohman and Mr. Bergstrom were both influenced by the amount of time it could take to seek permitting of the project. Mr. Summers added that uncertainty of success in the endeavor is too great. He said there could be too many unexpected and undesirable consequences and he did not feel we had enough scientific evidence to have confidence that we could successfully stop the overwash.
Mr. Keon said he will have better information for Town Meeting in the next few weeks.
Mr. Richard Miller, a property owner said his group can see the realities of the uncertainty. He noted the Aunt Lydia’s Cove Committee supports filling the breach. Mr. Keon confirmed the ALCC voted to support this Article at their meeting. Mr. Smith was called up to clarify a question about that support. Mr. Smith said the ALCC would support it if it could be done quickly with emergency permitting.
Ms. Lisa van Vleck questioned why the Board of Selectmen need to take a position on the Article before receiving more in formation from Mr. Keon in the next few weeks. Mr. Whitcomb explained it is incumbent upon the Board of Selectmen to take a position, but noted it could change if significant information is made available.
The Board of Selectmen voted unanimously in favor of the motion.
Upon recommendation from Town Counsel it was decided to change Article 2 to a simple Resolution and place it at the end of the Warrant.
The Board of Selectmen would like to know the voter’s feelings on filling the new breach, if funds were coming from other than the taxes and so they wanted to include this Resolution in the Warrant.
Ms. Connors move the Board of Selectmen vote to recommend approval of the Resolution to see if the Town receives State, Federal, or other funding sufficient to offset the entire costs of filling the breach, would the Town Meeting want the Board of Selectmen to proceed. Mrs. Bohman seconded the motion.
Mr. Summers said he would not support filling the breach in any case, because it involves more than just the money. He said it involves other areas, for example; where will the silt go if we do not successfully close the breach. He said that living in this environment, we have to accept the ever changing shoreline.
Ms. Norma Avellar asked how much it costs to hold a Special Town Meeting. Ms. Petit responded it is approximately $2,000. Ms. Avellar asked how much we have spent on the project to date. Mr. Keon responded it has been approximately $20,000 and retaining a new engineer will be about $10,000.
The Board of Selectmen voted, one in favor of recommending approval (Ms. Connors) and four opposed, the motion did not carry.
Ms. Connors moved the Board of Selectmen vote to recommend approval of Article 3 (now Article 2) to fund a threat assessment and further, monies be transferred from the Stabilization Fund. Mrs. Bohman seconded the motion.
Mr. Summers questioned how one can study an ever changing system. Mr. Keon said the report will be based on available information and there will be the ability to assess what the potential threats may be to the shoreline. The report will develop an ENF and an EIR from the data that is gathered.
Mr. Summers countered that the information will continue to change which will result in the study being constantly in flux.
Mr. Whitcomb said this is a necessary component of getting any permits or funds.
Mr. Bergstrom said he will support this motion because the information is going to be needed by everyone and the data will used to make certain decisions.
Mr. Keon said it is in the public interest to have these studies to determine any future action in the area. He noted it may not always be revetments but may include re-nourishment or dredging.
Ms. Carol Ridley from the Alliance to Protect Pleasant Bay noted there are four of five areas highlighted in the Alliance’s letter to the Board that will need study. She said the Alliance will be doing modeling to assist in the assessment.
After some discussion about what types of reports would be financed, Mr. Gilmore suggested amending the wording. Ms. Connors amended her motion to reflect Mr. Gilmore’s suggestion. Mrs. Bohman agreed to the amendment.
The Board of Selectmen voted four in favor one opposed (Mr. Summers) to recommend approval of this Article for a threat assessment.
Ms. Connors moved the Board of Selectmen vote to sign the Special Town Meeting Warrant. Mrs. Bohman seconded the motion and the Board of Selectmen voted unanimously in favor.
Ms. Connors moved the Board of Selectmen vote to place an exemption question on a special ballot to be held after the Town Meeting. Mr. Bergstrom seconded the motion and the Board of Selectmen voted four in favor and one opposed (Mr. Summers). The question will be placed on an election ballot for the election to be held after the Special Town Meeting.
Other Business
Mrs. Bohman told the Board she has received complaints about and witnessed the noise from the HVAC at the Community Center. Ms. Petit said the Town is aware of the noise and has asked our architects to resolve the problem.
Ms. Connors brought the Board’s attention to the charge that has been developed for the PD/Annex Design Review Task Force and she said she believed the membership should be changed to five since the Board received letters of interest from so many qualified candidates.
Ms. Connors moved the Board of Selectmen accept the charge and change the membership to five members. Mrs. Bohman seconded the motion and the Board of Selectmen voted unanimously in favor.
Ms. Connors moved the Board of Selectmen vote to appoint Mr. Robert Stello, Mr. Don Poyant, Mr. David Oppenheim, Mr. Eric Whiteley, and Mr. Sam Striebert to the PD/Annex Design Review Task Force unless revoked or until their work is completed. Mrs. Bohman seconded the motion and the Board of Selectmen voted unanimously in favor.
Water and Sewer Commissioners Meeting
Director of the Water and Sewer Departments William Redfield attended this meeting.
Mr. Redfield reviewed his Manager’s report for the months of April and May including an update of testing at the Mill Pond site and the Godwin property. The Godwin property may prove to be too costly because of its proximity to Conservation land.
Fall River Electrical Associates were awarded a contract for the installation of an emergency generator at the water storage tanks. This will allow telemetry controls to operate during power outages.
Flushing of the water system was completed June 1, 2007.
Ms. Connors excused herself and left the meeting at 5:55.
Dr. Robert Duncanson updated the Board of Selectmen on the progress of the Comprehensive Wastewater Management Plan. Since his report in February the Town has received more recent modeling information. Stearns and Wheeler will be incorporating the new information into the Plan and will give it to the Water and Sewer Advisory Committee for their review. After that it will be released to the public and begin the MEPA review process. Dr. Duncanson said the ground water modeling may indicate the Town could be looking at higher effluent flows which may be as high as 30 gallons per day to recharge wastewater.
Dr. Duncanson is in process of completing an application for funds to the USDA to be submitted this summer.
ZBA 40B Permit Discussion.
Mr. Whitcomb said the Board of Selectmen is having a discussion today based on a letter from the Chatham Zoning Board of Appeals signed by the Chairman, David S. Nixon.
Mr. Whitcomb said the letter raises three questions for the Board of Selectmen’s consideration.
1. Does this site (the 40B applicant) have proper authorization to use the Town’s sewage treatment facility?
2. If so, how many gallons per day are authorized?
3. If the Board of Selectmen does not accept Mr. Redfield’s view that 2,387 gallons per day or some lesser volume is authorized, is the Town able to and willing to issue a permit for this site to use the treatment facility?
4. If so, how many gallons per day?
Mr. Redfield told the Board of Selectmen the Sewer Bank Policy was not the enforcing legislation for calculations of allowed sewage because the regulations voted and adopted at Town Meeting are the enabling enforcement. As he reviewed the history of the regulations, he told the Board of Selectmen the DEP amended a 1987 Administrative Consent Order to allow an extra 50 thousand gallons per day to be allotted in 1998.
At that time the Town established a Sewer Bank and wrote a policy for implementation. After nine years the requests did not begin to approach the limits that were anticipated.
Mr. Redfield said he used the highest annual water usage, which was from 2001, to calculate the allowed sewage discharge.
He noted the Annual Town Meeting of 2004 did adopt new Sewer Rules and Regulations but he did not consider them to be in effect until after the Attorney General’s approval. Until then he applied the regulations that had been in effect since 1972.
Mr. Whitcomb said he wanted to determine the first question from the Zoning Board of Appeals. Does the site have authorization to use the sewage treatment facility? It was determined that the facility has the proper authorization. Mr. Summers said he had some doubts about a valid authorization.
There is some documentation that DEP approved 1100gpd for hauling and disposal of a holding tank to the treatment facility in 1998.
The discharge flows ranged from 560 to 1100 gallons per day. Mr. Redfield said DEP allowed a connection and exemption from the Administrative Consent Order for this property as well as the Cornfield in 1992. The permitting process was not documented but there is some evidence of this in certain correspondence from the DEP. Mr. Redfield said that permit does not expire unless the property owner requests it.
Mr. Summers was concerned that Mr. Redfield began his remarks by dismissing the Sewer Bank Policy as a guideline. Mr. Redfield said he did not dismiss it but the Regulations voted by Town Meeting are the authority for his calculations.
Mr. Whitcomb said the copy of the permit has an expiration date of five years from issue. Mr. Redfield said it was renewed by the Town and the DEP but the documentation is not available. Again, Mr. Redfield said a permit cannot be revoked. He said there was a change in the type of sewer from fish gurry and the State said the flow was changed from industrial to commercial. It is considered not to be a detriment to the system if it is then changed to residential.
As to question 2 concerning the number of gallons authorized, the Board had a lengthy discussion about permits and the history of the property as well as the calculations used by Mr. Redfield.
Mr. Summers asked how the calculations were made because the figures in the history of correspondence did not equal Mr. Redfield’s calculations.
Mr. Redfield said he took the actual flows from 2001 and averaged those to result in a flow of 2170gpd. He said this is a calculation based on light industry standards.
Mr. Whitcomb noted that the May 11 2004 Annual Town Meeting authorized new regulations and he was disconcerted that the written correspondence for this property did not follow the procedures where it said the Manager should be notified in writing and the applicant had to receive the directors approval in writing at least ninety days prior to the change in discharge. Mr. Redfield said his signature on the permit application was the authorization. Mr. Whitcomb said the new regulations were approved before Mr. Redfield authorized the 2170gpd.
Mr. Whitcomb said he would like to ask the Town Manager to direct Mr. Redfield to recalculate the gpds based on the May 11, 2004 Town Meeting approval of the new Rgulations. Mr. Whitcomb quoted Mr. Redfield as saying he used the 2001 flows because he didn’t have guidance, but Mr. Whitcomb feels he had the adopted Regulations for guidance.
Mr. Redfield said it is important to note the added flows were not out of the Sewer Bank but out of existing flows that were exempted from the Administrative Consent Order.
Mr. Whitcomb said the owner’s engineer wrote that the use would be changed. Mr. Redfield said the property is entitled to the flows regardless of the use.
Mr. Summers asked why the flows from the highest year were used and why descending flows were not considered. Mr. Redfield said policy dictates that they always use the highest averages or the “worst case scenario.”
Mr. Bergstrom felt Mr. Redfield should have considered the property use discontinued and used calculations for the multi family.
Mr. Whitcomb moved because of the ambiguity of the flows,the Board of Selectmen ask the town Manager to instruct the Water and Sewer Director to determine the flows based on the Town of Chatham Sewer regulations adopted at the May 2004 Annual Town Meeting. Mr. Bergstrom seconded the motion and the Board of Selectmen voted unanimously in favor.
The meeting adjourned at 6:50PM.
Respectfully submitted,
Ramona M. McDonald
Recording Clerk
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