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Board of Selectmen
February 26, 2008
Minutes
The meeting was called to order at 4:00 p.m. by Chairman David Whitcomb. Selectmen in attendance included Deborah Connors, Douglas Ann Bohman, Ronald Bergstrom and Sean Summers. Town Manager William Hinchey also attended.
Approve Minutes
Bergstrom noted a spelling error on page one. On a motion by Connors, seconded by Bohman, the Board voted 4-0-1, with Whitcomb abstaining, to approve the minutes of February 19, 2008.
Public Forum
Conservation Agent Kristin Andres addressed the Board to announce that the Conservation Commission and the Department of Health and the Environment are sponsoring an informal workshop for landscape contractors regarding wetlands protection regulations on Thursday, February 28th at 3 p.m. at the Annex.
Warrant Article – Capital Exemption: Airport Runway Construction
Mr. Hinchey explained that passage of an article and ballot question is needed to fund the renovation of the existing runway. The Town’s portion of the $3,000,000 primarily grant funded project is $180,000. On a motion by Connors, seconded by Bergstrom, the Board voted unanimously to place this article on the Annual Town Meeting Warrant. On a motion by Connors, seconded by Bohman, the Board voted unanimously to recommend this article. On a motion by Connors, seconded by Bergstrom, the Board voted unanimously to place a capital exemption question for airport runway construction on the ballot.
Warrant Article – Capital Exemption: Mill Creek Dredging
Coastal Resources Director Ted Keon addressed the Board and indicated that this project has been endorsed by the Park and Recreation Commission, Waterways Advisory Committee, South Coastal Harbor Plan Committee and Shellfish Constable Stuart Moore. Mr. Keon answered questions about the project. Discussion included the effect of various jetties, navigation and water quality concerns and benefits of the project. On a motion by Connors, seconded by Bohman, the Board voted unanimously to place this article on the Annual Town Meeting Warrant. Connors moved and Bohman seconded a motion to approve the article for Mill Creek dredging. Dr. Robert Duncanson addressed the Board regarding water quality benefits of the project noting that there has been a 4% increase in nitrogen at Taylor’s Pond
which, if not addressed, could increase sewering costs. Gill Wilson, who lives on Taylor’s Pond, addressed the Board to ask for endorsement of this article noting the uniqueness of the area including a herring run, blue fish and osprey. On the motion to approve this article, the Board voted 4-1, with Summers voting against. On a motion by Connors, seconded by Bergstrom, to place a capital exemption question for Mill Creek dredging on the ballot, the Board voted 4-1, with Summers voting against.
Warrant Article – Prevailing Wage Exemption Private Parties – Marconi Station
Principal Planner Terry Whalen addressed the Board. Bergstrom noted that Alan McClennen had indicated that if the legislature did not act on this bill it would need to be refiled. On a motion by Bergstrom, seconded by Bohman, the Board voted unanimously to place this article on the Annual Town Meeting Warrant.
Warrant Article – Mooring Bylaw
Town Counsel Bruce Gilmore addressed the Board. Whitcomb outlined the direction from the Board from the June 5th meeting. Mr. Gilmore noted that Waterways Chairman Bob Hamblet and Vice-Chairman Stephen King were in attendance. He commented on the process and the difficulty in reaching a consensus. He noted that a public hearing has been scheduled for March 10th at 4 p.m. He requested that the draft bylaw be placed on the Town’s website for comment.
The issue of an appeals board, its composition and appointment of its members, was discussed. Mr. Gilmore indicated that members of the Waterways Advisory Committee feel that they are the logical group to handle appeals and suggested that the Committee Chairman select three members and an alternate to hear appeals. Bergstrom suggested that appeals be limited to violations of the regulations. Connors noted that appointment of an appeals board on a case by case basis would avoid conflicts of interest. On behalf of the Committee, Mr. Gilmore asked if appeals hearings could be scheduled without being televised if the necessary meeting space was unavailable. Whitcomb suggested that the Board of Selectmen, as an elected rather than an appointed board, should hear the appeals. Bergstrom
indicated his agreement with Whitcomb’s suggestion. In response to a request from Mr. Gilmore for the Board to come to consensus in this matter, Connors indicated that she felt that the Waterways Advisory Committee should appoint the appeals board; Summers offered no opinion and Bohman indicated that she felt that the Waterways Advisory Committee should hear the appeals. Summers was asked to indicate his preference in order to achieve a majority on this issue. Harbormaster Stuart Smith addressed the Board and noted that the Board of Selectmen already hears appeals on other issues and that it would be consistent for them to also hear mooring appeals. Summers indicated his preference that the Board of Selectmen hear the appeals. Mr. Gilmore indicated that he will make the appropriate changes to the draft Bylaw. There was consensus that the remainder of the language in the draft document was acceptable.
On a motion duly made and seconded, the Board voted unanimously at 5:33 p.m. on a roll call vote (Connors, Bohman, Bergstrom, Summers, Whitcomb – yea) to enter executive session for the purpose of a litigation update with no open session to follow.
Respectfully submitted,
Linda Smulligan
Recording Clerk
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