Town of Chatham, MA - Selectmen's Meeting Minutes 5/6/08

Mrs. Bohman moved the Board of Selectmen vote to approve the minutes of the April 29, 2008 Board of Selectmen’s meeting. Mr. Bergstrom seconded the motion and the Board of Selectmen voted unanimously in favor.

From the gallery, Mr. Michael Onembo presented Mrs. Bohman with flowers to thank her for her years of service to the Town since this will be her last Selectmen’s meeting.

The Board of Selectmen has received a request from the Chamber of Commerce to display sixteen to eighteen National Trust for Historic Preservation Award banners in the same locations that were approved by the Board of Selectmen last year.

President of the Chamber of Commerce Robert Franz attended this meeting. He told the Board May is National Preservation month and the Chamber would like to hang the banners for the month and asked the Board of Selectmen to further consider allow the banners to hang until the end of the summer. Mr. Whitcomb asked if it was really necessary to leave them up for that long.

Mrs. Bohman noted that the Board had just given permission for the Festival of the Arts to hang banners from August 10 until August 18. Mr. Franz said he spoke with representatives of the Creative Arts Center and would be willing to remove the Preservation banners on the dates the Festival will want to display their banners.

Mr. Bergstrom said there has been some objection to the displays. Mr. Bergstrom moved the Board of Selectmen grant this request for the display until the end of May and review the request for the extended period. Mrs. Bohman seconded the motion and the Board of Selectmen voted unanimously in favor.

Ms. Renee Gagne, Chairman of the Shellfish Adivosry Committee, attended this meeting. She told the Board of Selectmen she is the new Chairman of the Committee and they have some new members. She feels the Committee is invigorated and they plan to have meetings on a regular basis. Mr. Summers said he felt it is important to keep the Committee active.

Mr. Bergstrom asked Ms. Gagne if she had seen a letter concerning the lack of enforcement on the quahog flats. Ms. Gagne said she knows of the letter but did not think enforcement was part of her Committee’s charge. Mr. Summers felt the Committee should embrace all topics that concern them. He said although the Committee does not enforce the laws, they could discuss the enforcement and perhaps discussion by the Committee could lead to policy change.

Mr. Bergstrom noted the original Town Meeting Article for the Shellfish Advisory Committee included the Shellfish Constable as a member, but since then there has been a policy not to have staff on committees. Mr. Whitcomb said he believes the Charter overrides the Article and perhaps the Board of Selectmen of Selectmen should discuss that point and the charge of the committee at a later date.

Vice Chairman of the Conservation Commission Jay Putnam attended this meeting. He told the Board of Selectmen, in accordance with Section 1.3 of the Appointed Committees, Commissions & Boards Rules and Regulations Handbook, the Conservation Commission is asking the Board of Selectmen’s permission to have Mr. Paul Chamberlain serve as Chairman of the Conservation Commission for a fifth consecutive year.

Mrs. Bohman, citing the high praise and respect Mr. Chamberlain has earned, moved the Board of Selectmen vote to grant this request. Mr. Bergstrom seconded the motion and the Board of Selectmen voted unanimously in favor.

Mr. Whitcomb announced this sign needs the Board of Selectmen’s approval since it is on Town property. Mr. Whitcomb noted the sign is the same size with some additional wording.

Mrs. St. Thomas, who applied for the sign permit, attended this meeting. Mrs. Bohman moved the Board of Selectmen approve the sign request. Mr. Bergstrom seconded the motion and the Board of Selectmen voted unanimously in favor.

Mr. Len Sussman, Chairman of the Planning Board, informed the Board of Selectmen the Planning Board voted 5 to 0 on a motion made and seconded at their meeting to recommend approval of Article 30 on the Town Meeting Warrant. The Article proposes to change Section II - Definitions and Section III., District Regulations, Subsection C., District Use Regulations, paragraph 6., RC3 Residence Seashore Conservancy District, sub-paragraph b. Special Condition Uses of the Zoning Bylaw. This Article would allow more than one dwelling on a single lot to allow refuge to the owners of North Beach camps who are losing their property as a result of erosion.

Mr. Bergstrom asked how much area the district covers. Mr. Sussman said the Planning Board did not want spot zoning and the RC3 district includes Strong Island. Mr. Bergstrom asked if there are any property owners on the new south island that have three acres or more. Mr. Sussman noted that the proposed Protective Bylaw Article does not allow for a new dwellings, the structures that it applies to would have to have been there January 1, 2008. The Planning Board had discussed a Special Permit Process but concluded it would not be beneficial.

Conservation Agent Kristen Andres told the Board of Selectmen she understood Strong Island area to be 3.3 Acres. Community Development Director Kevin McDonald told the Board of Selectmen the issue had been throughly debated by the Planning Board and the proposed Article is clear that no new buildings could be constructed on Strong Island, North Beach, or the new island.

Mr. Bergstrom moved the Board of Selectmen recommend approval of this Article to the Town Meeting. Mrs. Bohman seconded the motion and the Board of Selectmen voted unanimously in favor.

Mr. Whitcomb told the gallery the Board of Selectmen has requested a discussion with the Alliance concerning dredging in an Area of Critical Environmental Concern (ACEC).

Mr. Charles Bartlett, Chatham’s representative to the Alliance, Ms. Carol Ridley, Chatham’s consultant to the Alliance, and Mr. Alin Thompson, the Chairman of the Steering Committee for the Alliance all attended this meeting.

The Alliance previously met with DEP Wetlands and Waterways, Coastal Zone Management, and the Mass Department of Conservation and Recreation ACEC Program. The purpose of that meeting was to discuss options for addressing State regulations that currently prohibit improvement dredging in ACEC’s.

Some options that may be available to the Alliance were discussed at that meeting: Changing the boundary of the ACEC; Exclude specific areas of the boundary; seeking an amendment to the ACEC designation that provided latitude for improvement dredging if certain conditions were met; or amending Chapter 91 regulations.

The Alliance Steering Committee letter states “The Alliance stands ready to assist and support the Towns as they continue to define the potential need for improvement dredging in the ACEC, and to identify the appropriate regulatory avenues to pursue improvement dredging should the study or other analysis demonstrate a need with no significant adverse impacts to the Pleasant Bay system”.

Mr. Summers thanked the members of the Alliance but had some concerns that this commitment is not in the agreement. Mr. Summers said he does not want to continue payments to the Alliance if the Alliance does not determine dredging is necessary and the relationship between the Towns becomes adversarial. Mr. Hinchey explained Towns can only appropriate monies to be spent on operations for one year at a time so payment is always dependent on Town Meeting vote.

Mr. Bergstrom said he is not a fan of dredging in the area. His experience has been that the Ryder’s Cove Basin and Bassing Harbor have always been difficult to navigate and trying to define a channel in the area would be nonproductive because it is ever changing. Mr. Summers said because of the recent break in North Beach the Town needs to have this area remain navigable not only for the fishing fleet, but also because recreational boating has an effect on the Town’s economy and land values.

Principal Planner Terry Whalen informed the Board of Selectmen the CPC and Housing Authority have been working on “Guidelines for the Disbursement of Funds Transferred to the Affordable Housing Trust Fund” and “Rules and Regulations” for the Trust in anticipation of Article 23 being acted of favorably by Town Meeting. The drafts were also to be reviewed by the Community Preservation Committee. Mr. Whalen said, at this time, the committees believe these documents need more consideration and no action was being requested at this time.

The CPC wants to work with the Affordable Housing Committee on the guidelines and regulations. This will have no effect on Article 23 to transfer funds from CPA funds into the Trust Fund since the Town Meeting has previously adopted the required legislation.

Mr. Hinchey addressed the Board of Selectmen to present the project budget for the relocation expenses associated with the temporary displacement of staff during the construction of a new PD/Annex.

Mr. Hinchey explained this budget does not fund re-locations of the Building Maintenance Workshop, the Dog Pound and Harbormaster storage. Those facilities are funded in the FY09 Capital Budget.

He told the Board the staff and Task Force worked together on the redesign and the Task Force felt that relocation of the Annex, Permit Department and Lab would be necessary during construction to allow the contractor to work on a clean site and perhaps lower the contract price. Relocation costs may be offset by lower construction costs.

The Architect’s original estimate for relocation was approximately $500,000. This was reduced by the Task Force and staff to $370,000. There was some objection in the community to the original thought that trailers could be placed at the Community Center to accommodate the move.

The Shellfish office and Coastal Resources office will be temporarily placed on the second floor of the DPW. These offices will be used in the future for project management and building superintendent.

Mr. Bergstrom asked if the RFP will have narrow specifications. Mr. Hinchey said it would be rather broad but will need to meet office needs and be convenient for the public.

Mr. Summers said he felt the budget was high. He felt some line items are capital improvements and have little to do with temporary relocation. Mr. Summers felt the staff could move to the old community center. Mr. Hinchey said significant funds would be spent to improve the old recreation building and have no future use for the Town. The staff looked at improving current buildings for long term use and benefit. He also noted there is not sufficient parking at the old recreation building. The budget presented will not have more costs for relocation but has benefits. The Capital Plan will be changed to reflect the work to be done during relocation.

Mr. Bergstrom said the lease monies could not generate a return but could benefit the community economy whereas renting trailers would be money spent off Cape. He noted the original budget had no benefit to the Town.

Mr. Whitcomb noted the original design was based on keeping the Annex at George Ryder Road during construction. He complimented Mr. Hinchey and his staff for this plan. He felt that the improvements should be done now since the monies are available and will improve some facilities. Mr. Summers said he would have liked to have more input on the plan.

Mr. Bergstrom asked if a time plan will be contracted. Mr. Hinchey said the length of construction will be in the project contract but cautioned there may be unanticipated or unforseen circumstances. Mr. Hinchey stated hours of planning have gone into considering the relocation.

Mr. Sam Streibert, a member of the Review Task Force, said the Task Force has not met to consider the plan, but his personal feeling was that the relocation costs will be offset by the efficiency of building on a clear site. He felt the plan was commendable.

Mrs. Debbie Aikman suggested the staff be relocated to the old recreation building. She commended Mr. Summers for his suggestion that the Town have a permanent building committee.

This was Mrs. Bohman’s last meeting as an elected Selectman and she told Mr. Hinchey it has been her honor and privilege to work with him and his staff. She praised his sense of humor. She commended Ms. Connors for serving as a Selectman and bringing the plight of the younger citizens to the forefront. Also, for her concern and support of the fishing industry. She thanked Mr. Summers for “outside the box” thinking and the healthy discussion he has brought to the Board. She praised Mr. Whitcomb’s leadership and his efficiency with the Board and the gallery. She told Mr. Bergstrom she was confident that he would continue to offer his opinion on any and all ideas before the Board of Selectmen. Mrs. Bohman thanked all the employees, boards and commissions for their work on behalf of the Town.

She expressed how fortunate we all are to live in Chatham. She thanked the citizens for their support and constructive criticism. She reminded every one she will be participating at Town Meeting before her tenure ends and encouraged all to vote on Thursday May 15^th . She concluded her remarks with “Fore, I’m playing through.”

Mr. Whitcomb also asked everyone to attend Town Meeting Monday May 12^th at 6:00PM at the Chatham High School. He asked all voters to please read warrant and ask questions at Town Meeting on anything they didn’t fully understand.

Mr. Summers said it was an honored to have served with Mrs. Bohman. He noted she is liked and respected by all factions of the Town. He said he would always think of her as Madame Chairman. Mr. Summers said he has enjoyed sharing time with her and learned much from her.

Mr. Bergstrom said the Town has accomplished a lot in the fifteen years that Mrs. Bohman has served and is a credit to her. He also said he admired her dedication.

Mr. Hinchey said it was a privilege to have served with Mrs. Bohman. He noted Mrs. Bohman was Chairman when Mr. Hinchey was hired, he felt that as Chairman, Mrs. Bohman was the glue that held the Board together.

Mr. Whitcomb thanked Mrs. Bohman for her wisdom and advice. He said Mrs. Bohman’s example has made him strive to imitate her sense of fairness, ethics, and credibility.

Mr. Whitcomb noted Mrs. Bohman was first elected in 1981. The same year the first woman was appointed to the United States Supreme Court. It was also the same year Mrs. Bohman’s son won the Eastward Ho! club championship.