Town of Chatham, MA - Selectmen's Meeting Minutes 6/26/07

Board of Selectmen’s Minutes

Tuesday, June 26, 2007 – 4:00 p.m.

Chairman Whitcomb called the meeting to order at 4:00PM with Ms. Connors, Mrs. Bohman and Mr. Bergstrom present. Director of Community Development Kevin McDonald attended this meeting on Mr. Hinchey’s behalf.

Ms. Connors moved the Board of Selectmen vote to approve the minutes of the June 12, 2007 Board of Selectmen’s meeting. Mr. Bergstrom seconded the motion and the Board of Selectmen voted unanimously in favor.

Mr. Don Edge, Chairman of the Summer Residents Advisory Committee, attended this meeting to invite everyone, especially summer residents, to attend the meeting on Friday July 6. Mr. Edge said Town Manager William Hinchey and Finance Director PersonNameJennifer Petit will be at the meeting to answer questions.

Ms. Danielle Jeanloz told the Board of Selectmen the Chamber of Commerce will be hosting the festivities at the post parade gathering on July 4th. She thanked the Chatham Cultural Council for sponsoring the celebration with a $500 grant.

Mr. Summers joined the meeting at 4:15

Ms. Jeanloz told the gallery the new Chamber guide books are available. Also, the Chamber has upgraded its website.

Ms. Connors asked the item for Appointments be moved up on the agenda to just after the Orleans Agreement. Without objection from the Board, Mr. Whitcomb agreed.

Shellfish Closing – Oyster Pond

Shellfish Constable Stuart Moore attended this meeting. Mr. Moore said it was encouraging that this seasonal closure was delayed for one month. Mr. Bergstrom moved the Board of Selectmen vote effective July 1, 2007 the Oyster Pond east of a line from Kelly Lane to Long Point and west of a line from the “No Shellfishing” sign at the Oyster Pond Furlong to the southeast corner of Oyster Pond as marked by “No Shellfishing” signs is closed to the taking of all shellfish until further notice. Mrs. Bohman seconded the motion and the Board of Selectmen voted unanimously in favor.

placePlaceNameCape Cod PlaceTypeHospital Auxiliary – Tag Day

Ms. Ruth Lund from the Cape Cod Hospital Auxiliary addressed the Board of Selectmen and described the donations the Auxiliary has made over the years. The funds are donated to placePlaceNameCape Cod PlaceTypeHospital for equipment.

Ms. Connors moved the Board of Selectmen vote to approve “Tag Day” on August 2, 2007 for the Auxiliary to solicit funds. Mrs. Bohman seconded the motion and the Board of Selectmen voted unanimously in favor.

Turkey Trot Approval

Mr. Robert Redding asked the Board’s permission for his organization to run the third annual Turkey Trot Fun Run-Walk on Thanksgiving morning 2007. Proceeds will be given to the Lower Cape Outreach Council. Mrs. Bohman moved the Board of Selectmen vote to permit the Run. Mr. Bergstrom seconded the motion and the Board of Selectmen voted unanimously in favor.

Request for Permission to Sell Raffle Tickets

Ms. Barbara Wilson asked the Board of Selectmen to allow volunteers from the South Chatham Public Library to sell raffle tickets at the Fourth of July Parade and on Friday nights during July. It was noted the deed for placePlaceNameKate PlaceNameGould PlaceTypePark prohibits sales or solicitation in the park. Mrs. Bohman moved the Board of Selectmen grant permission. Mr. Bergstrom seconded the motion and the Board of Selectmen voted unanimously in favor.

placeCityOrleans Agreement

The Town of CityOrleans has asked the Chatham Board of Selectmen to sign a letter acknowledging placeCityOrleans’ right to terminate the previously signed inter-municipal agreement as state in Section IV. Mrs. Bohman moved the Board of Selectmen vote to sign the letter. Mr. Bergstrom seconded the motion and the Board of Selectmen voted unanimously in favor.

Ms. Connors said she would like to hold the Park and Recreation Commission appointments and the Waterways Advisory Committee for further consideration. Ms. Connors moved the Board of Selectmen vote the following appointments:

Affordable Housing: William Bystrom, John Kelleher, Barbara Matteson

Airport Commission: Craig Pennypacker, W. Thomas Whiteley

Board of Assessors: Thomas Brown

Aunt country-regionplaceLydia’s Cove Committee: H. Nicholas Hyora

Cable Advisory Committee: William McClellan

Cemetery Commissioner: Hilda Remer

Community Preservation Committee: Robert Denn, Frank Messina

Conservation Commission: Paul Chamberlain, Carol Scott, Billie Bates*Associate, Joseph Manteiga*Associate

Council on Aging Board: Betty Magnusson, Colara Slockbower, Alvin Stern, Stuart Tuchinsky

placeCityChatham Cultural Council: Joan Dillon, Sally Duplaix, Virginia Plexico, Barbara Waters

Committee for the Disabled: Jacqueline Fickett, Pat Ford, Donald McCorkindale

Golf Advisory Committee: Frank Hawley, Beverly McCullough

Board of Health: Mary Ann Gray

Historic Business District Commission: Donald Aikman, Robert Oliver, Nancy Yeaw

Human Services Committee: Karen McPherson, Marilyn Sneden

Land Bank Open Space Committee: Richard Batchelder, George Cooper, Victor Di Cristina, Ali van der Berg* Associate

placePlaceNameLocal PlaceTypeState PlaceTypeBuilding Code Board of Appeals: David Clark, Robert Liska

Personnel Advisory Board: Susan Rocanello

Planning Board: John Storey, Mark Zibrat, John Kaar**, Cory Metters**

Shellfish Advisory Committee: James Blanchfield, David Likos

Summer Residents Advisory Committee: Hugh Moulton, placeCityArnold Trebach, Nell Pinckert

Water & Sewer Advisory Committee: Alfred Haven

Zoning Board of Appeals: Sal Gionfriddo, David Nixon, Douglas Wells, Savine Dow* Associate, Edward Fouhy* Associate, Mary Ellen Sussman* Associate

Appointments are until June 30, 2010 unless sooner revoked or a successor is appointed except one asterisk indicates appointment until June 30, 2008 unless sooner revoked or a successor is appointed; two asterisks indicate appointment until June 30, 2009 unless revoked or until a successor is appointed. Mr. Bergstrom seconded the motion and the Board of Selectmen voted unanimously in favor.

Ms. Connors moved the Board of Selectmen vote to appoint Edward Conway, Thomas King and addressStreetDonald St. Pierre to the Waterways Advisory Committee until June 30, 2010 unless sooner revoked or until their successors are appointed. Mr. Bergstrom seconded the motion and the Board of Selectmen voted unanimously in favor.

Ms. Connors noted the Board of Selectmen voted last year to increase the membership of the Waterways Advisory Committee to nine, for one year. She moved the Board of Selectmen vote to extend the membership at nine for one more year. Mrs. Bohman seconded the motion and the Board of Selectmen voted unanimously in favor.

Ms. Connors moved the Board of Selectmen vote to appoint Timothy Linnell and Peter Taylor to the Waterways Advisory Committee until June 30, 2008 unless sooner revoked or their successors are appointed. Mrs. Bohman seconded the motion and the Board of Selectmen voted unanimously in favor.

Ms. Connors moved the Board of Selectmen vote to appoint Joyce Reynolds to the Park and Recreation Commission until June 30, 2010 unless sooner revoked or until her successor is appointed. Mrs. Bohman seconded the motion and the Board of Selectmen voted unanimously in favor.

Mrs. Bohman said she and Mr. Whitcomb recommend the reappointment of John Summers to the Park and Recreation Commission. She said he is knowledgeable and has served the Town well. Mr. Bergstrom said he felt the Commission would benefit from new members.

Mr. Whitcomb said Ms. Fry is an outstanding applicant, but the Community Center will be opening soon and he feels Mr. Summers should be a part of it since it is a Park and Recreation project. The Board voted two in favor of the motion two opposed (Mrs. Bohman and Mr. Whitcomb and one abstention (Mr. Summers). The motion was lost.

Ms. Connors moved the Board of Selectmen vote to appoint Merridith Fry to the Park and Recreation Commission until June 30, 2010 unless sooner revoked or until her successor is appointed. Mr. Bergstrom seconded the motion. Mrs. Bohman said she would change her vote to complete the appointment, but wants Mr. Summers to be invited to the opening of the Community Center. The Board voted three in favor, one opposed (Mr. Whitcomb) and one abstention (Mr. Summers).

Mr. Whitcomb recognized Alan Daly, Arthur Hanrahan, Patricia Vreeland, Jean Young, William Southwick, John Bustard, Joan McClellan, Robert Schumacher, John Summers and Bruce Gibbs and thanked them for there service on Town committees.

Discussion – Planning Board Meeting Time

Mr. Whitcomb explained this item was placed on the Board’s agenda because the Board of Selectmen meetings are running into the Planning Board meeting time and also because he feels it is too much to have the Board of Selectmen’s meeting and then ask a Board liaison to attend another meeting right after that.

Mr. Summers felt the problem is the Board of Selectmen meetings are too long. He suggested the Board of Selectmen may need to consider having two meetings a week because after a few hours the items at the end of the Agenda are too hurried and not given due consideration.

Mr. Bergstrom said Mr. Summers' suggestion has validity especially if staff has to attend both meetings.

Mr. Whitcomb said the length of discussion cannot be regulated because of the open meeting process.

Mr. Summers said Mr. Whitcomb’s comments note some compelling reasons to contact the Planning Board about changing their meeting time.

There was a consensus among the Board members to contact the Planning Board and ask them to consider changing the meeting day/time.

Discussion – Waterways Televised Meetings

There was discussion among the Board members of the necessity to have the Waterways Advisory Committee meetings televised now that the mooring issue has been addressed. Ms. Connors said she didn’t think taking the WAC off the video schedule would be a problem unless there is a subject that would be of such interest to make televising necessary. Mr. Bergstrom said he is in favor of continuing to televise these meetings because it raises the profile of the Committee and educates the public about process. He also feels the various committees and boards are more formal and more productive if their meetings are televised.

Mr. Summers moved the Board of Selectmen vote to continue to televise the Waterways Advisory Committee meetings. Mr. Bergstrom seconded the motion and the Board of Selectmen voted unanimously in favor.

Request for “Change in Use” placePlaceTypeTown PlaceTypeLand Special Use Permit: Ryder’s Cove Landing

Director of Coastal Resources Ted Keon told the Board of Selectmen Beachcomber Boat Tours has applied for a renewal of the Town Landing Special Use Permit. Mr. Keon said he feels that since their operation at Ryder’s Cove has expanded from the original permit, they needed to apply to the Board of Selectmen for a Change in Use Permit. Mr. Keon said he has no problem with the change in use since the closure of the Southway has forced the Beachcomber to essentially relocate their business.

Mr. Keon did request a restriction on the Permit which would restrict the daytime trips to a maximum of six during the weekdays and four during the weekends. Mr. Keon also told the Board the Harbormaster wants the mooring moved slightly. The owner of the Beachcomer, Mr. Paul Avellar attended this meeting. Mr. Avellar said he has no problem with the recommended restriction. To make a point however, Mr. Avellar noted the landing is open to the public at large, and he feels the Town should make new regulations when the CFIP grant (which improved the landing with Federal funds and takes control of the ramp away from the Town) runs out.

Ms. Connors said it is important to support small businesses and she was not in favor of the restrictions.

Ms. Connors moved the Board of Selectmen vote to approve the “Change in Use” of the Town Landing Special Use Permit for the Beachcomer Boat Tours without restriction of the number of trips per day and to monitor the use over the summer. Mrs. Bohman seconded the motion. Mr. Summers questioned Mr. Keon as to why he brought this up on June 7^th when the season is so close. Mr. Keon told the Board his original letter to the Avellars was on August 11, 2006 and the renewal process prompted the change. Town Landings Officer Bob Walsh rose to say the Beachcomer owners have always have done their best to minimize disruption at the landing.

Mr. Summers said the landing is getting busier each year and that may need to be addressed at some point. The Board of Selectmen voted four in favor and one opposed (Mr. Whitcomb wanted to support Mr. Keon’s recommendations since Mr. Avellar was not opposed to the restriction). The motion carried.

addressStreetMain Street – Interim Measures

Highway and Solid Waste Transfer Director PersonNameJeff Colby attended this meeting. Mr. Colby reviewed his Main Street Sidewalk Report and recommendations for improvements. The report separates addressStreetMain Street sidewalks into twenty-six areas. Some have been maintained and improved to address safety concerns and aesthetics. The desired approach to complete improvements is the reconstruction of addressStreetMain Street. That cannot be addressed until the sewer improvements are finalized and the question of underground utilities is addressed.

The Board of Selectmen commended the report and thanked Mr. Colby for his efforts.

Committee Update – Board of Health

Mr. Ed Sheehan, Chairman of the Board of Health attended this meeting. The Board of Health provided the Selectmen with a matrix with updates reporting the Board of Health actions on the implementation of the Long Range Comprehensive Plan as it applies to their responsibilities.

Mrs. Bohman said it is encouraging to note that not all portions of the Long Range Plan have to be ongoing. The Board of Selectmen thanked Mr. Sheehan for his input.

Discussion – Board of Health Regulations

Health Agent PersonNameJudith Giorgio attended this meeting to explain proposed changes to the Board of Health Animal Regulation. The most notable changes are the bans on feeding wild waterfowl. Ms. Giorgio explained the ban hopes to educate the public to the detriments of feeding wild waterfowl. The fowl can become a nuisance when they are deliberately attracted by humans. The fowl become non-migrating and when their natural habits are interfered with, they can pose hazards to people and the environment. Ms. Giorgio also pointed it out it could be unhealthy for the fowl because they are not eating what they would naturally be inclined to eat.

The Board of Health will hold a public hearing on the proposed regulations. The Board of Selectmen thanked Ms. Giorgio for her report.

Public Hearing – ZBA Regulations

Mr. Whitcomb announced the hearing which was duly published for this date to discuss proposed changes to the Zoning Board of Appeals regulations. Director of Community Development Kevin McDonald explained the changes that the Zoning Board of Appeals wants to make to their regulations. Mr. McDonald said these changes will make the process more equitable since all applicants will be providing the same information, provide all the information needed from applicants before the hearings to prevent delay, and clarify the definition of gross floor area to prevent out buildings/other structures being used in calculations for allowed floor area. It also allows for a ruling on a repetitive hearing and the public hearing to be held on the same day which will accommodate applicants and their representatives who have to come from out of Town.

The Board of Selectmen had no objections to the proposed changes.

Town Manager Evaluation

Mr. Whitcomb reported that the Board of Selectmen has finalized its annual evaluation of the Town Manager. Mr. Hinchey received a score of 4.39 out of a possible 5. Mr. Bergstrom said he would like to see the form revised for next year.

Ms. Connors announced the Board of Selectmen’s meeting on July 10, 2007 will begin at 4:15. There will be no meeting on July 3, 2007.

Mr. Gary Anderson asked the Board of Selectmen to clarify their new appointment process. He asked them to reconsider their appointment to the Park and Recreation Commission. Ms. Connors said she made the motion and felt it the appointment was a good one.

Mr. Whitcomb encouraged all of the new appointees to come to Town Hall and be sworn in as soon as possible.

The meeting adjourned at 6:00PM.

Respectfully submitted,