Town of Chatham, MA - Selectmen's Meeting Minutes 12/11/07

Mr. Bergstrom moved the Board of Selectmen vote to approve the minutes of the November 27, 2007 Board of Selectmen’s meeting. Mrs. Bohman seconded the motion and the Board of Selectmen voted four in favor, one abstention (Ms. Connors did not attend).

Mr. Bergstrom moved the Board of Selectmen vote to approve the minutes of the December 4, 2007 Board of Selectmen’s meeting. Mrs. Bohman seconded the motion and the Board of Selectmen voted unanimously in favor.

Mr. Bain rose from the gallery. He described his military background and said, though it is difficult we need to support our troops in the middle east. He announced Helene Borges, in the Park department is collecting items to send to Jeff Colby and his friends in Kuwait. Mr. Bain also said donations are needed for shipping costs.

Director of Coastal Resources Ted Keon attended this meeting to inform the Board of Selectmen that the US Fish and Wildlife, the Cape Cod National Seashore and the Town have held discussions relative to the boundaries and related jurisdictional issues on South Beach and the Monomoy National Wildlife Refuge. The agencies have had a verbal understanding which acknowledges that each respective agency will continue to have jurisdiction to manage the same areas and in essentially the same manner as has been done in the past.

Mr. Keon asked the Board of Selectmen to sign a Memorandum of Understanding which will serve to formalize this agreement. The MOU would be temporary until such time as a more permanent resolution is reached. A more permanent resolution would require a formal Federal legislative action.

Mr. Summers questioned whether the Town is jeopardizing our commercial rights by signing this MOU. Mr. Keon assured the Board the agreement would ot give more jurisdiction to the other agencies and would not prevent commercial uses or shellfishing.

Mr. Whitcomb said the MOU will continue our partnership on Monomoy. He noted the lands will be used in the same manner as always as concerns resource protection and other uses. He said he likes the notifications for termination of the MOU and the fact it retains our boundaries.

Mrs. Bohman moved the Board of Selectmen vote to sign the Memorandum of Understanding between the Town of Chatham, the US Department of the Interior National Park Service, and the US Fish and Wildlife Service. Mr. Bergstrom seconded the motion and the Board of Selectmen voted unanimously in favor.

Director of Coastal Resources Ted Keon attended this meeting to provide information for the Board of Selectmen to consider allowing Off Road Vehicles access to South Beach. Mr. Keon told the Board of Selectmen the Town of Chatham owns the beach but the Cape Cod National Seashore would have jurisdiction over activities and management of the area.

Mr. Keon told the Board access is only available through Bearse’s Lane. Improvements to Bearse’s Lane would be required. The road is narrow - 20’ maximum width, it has awkward topography and intersects with Morris Island Road and Bridge Street.

Mr. Keon also said the beach is a nesting area for threatened and endangered species which will present further challenges. It is the most heavily nested area in Massachusetts.

Mrs. Bohman said she has some concerns about erosion and noise, and also afety if users are marooned because of wash overs.

Mr. Bergstrom asked what the Town does in the event of a medical emergency. Mr. Keon said the Town has responded, and any emergency is handled without concern for jurisdiction.

Mr. Summers said he realizes there are several obstacles to allowing ORV’s but laments the community’s loss of recreation in this area. He said although there are agencies protecting wildlife, there need to be protection for citizens also.

Mr. Whitcomb questions whether the North Beach nesting birds could be moved to this area so as to allow North Beach to stay open.

Dr. Duncanson said a Section 10 permit allows this kind of mitigation and could possibly be negotiated if a Section 10 permit goes forward at Nauset Beach. Those kinds of discussions are just beginning with other agencies. He noted there is a different agency for species protection.

It was noted the endangered criteria does not necessarily go strictly by numbers, but be percentages in reproduction.

Mr. Blake Foster said the Board of Selectmen needsw to consider the benefits of allowing ORV’s on South Beach. He suggested there is potential revenue for use of the beach and this could be considered during the off season (when fledglings are not present).

Mr. Bergstrom and Ms. Connors felt things have changed so much it is more difficult to get permitting today. Ms. Connors noted that North Beach has only a few nests and is restricted and this area has so many.

Mr. Hinchey said he did not encourage the Board of Selectmen to summarily close their options but he has explored the revenue aspect and found it to be impractical.

Mr. Bob Prescott, from the Mass Audubon society said they have a good working relationship with the Town and he wanted to thank the staff. He told the Board South Beach has become a world class destination for bird watching. He also said the Audubon Society spends $60,000 per year in Chatham for monitoring.

Mr. Summers asked Mr. Hinchey about the impact of the School reimbursement. Mr. Hinchey said they will be appealing the decision and seek relief because of the way the audit was done. There will be no immediate budget impact but ultimately the loss could be recovered by levying $200,000 per year to the taxes over a period of ten years.