Board of Selectmen’s Meeting
October 20, 2009
Chairman Bergstrom called the meeting to order at 4:00PM with all members and Mr. Hinchey present.
Mr. Sussman moved the Board of Selectmen vote to approve the minutes of the September 29, 2009 Board of Selectmen’s meeting. Ms. Seldin seconded the motion and the Board of Selectmen voted unanimously in favor.
Public Forum
1. Mr. Bergstrom announced the Special Town Meeting scheduled for Monday night October 26th at 6:30PM at the High School.
2. Mr. Myron Burdick attended this meeting to present Mr. Sussman with a picture and thank him for kicking off the 2009 Myron/Byron Over 60 Golf Tournament.
3. Ms. Elizabeth Bridgewater, from the Community Development Partnership, attended this meeting to announce a free collaborative training program sponsored by the Cape and Islands Workforce Investment Board and the Community Development Partnership. The program is open to municipal employees, non-profit employees and industry workers. There will be an information session on the program at the Snow Library in Orleans on Wednesday October 28, 2009 at 4:00PM.
MCI Marconi RCA Receiving Station Update and Next Steps
Mr. Alan McClennen, Chatham’s consultant for the MCI property, said the renovations at the Operations Building will be substantially completed by the end of the week. He told the Board of Selectmen the bid was low enough to have the alternates completed as well.
Mr. McClennen has been in talks with the Marconi Maritime Center and at some point all parties will need to agree on the length of the lease.
In 2008 the Town petitioned the Legislature to exempt the work of the non-profit lessees at the site from the provisions of the Prevailing Wage Law. There appears to be little optimism that this will pass. Town Counsel Bruce Gilmore suggested that CMMC make a grant to the Town of Chatham. The Town could then complete the interior renovations needed to bring the building up to code. After the Certificate of Occupancy is issued the tenant improvements could be done by the CMMC and not subject to prevailing wage.
The site work needs to be completed by the Town. Water and Electricity are already available at the site. A Title 5 septic system and access changes and parking need to be completed.
Since there is no funding source for the site work, Mr. McClennen offered three options: A general bond issue; the use of Community Preservation funds; or funding by the tenant.
The Hotel parking would not be completed in this phase.
Mr. Sussman noted a bond or CPC funds could delay the project unless another Special Town Meeting is held.
Mr. Whitcomb did not feel borrowing was an option. He suggested the lessees be asked to fund some of the site work with the money they have raised. He asked Mr. McClellen if the costs for site work could be broken out between the Hotel and Operations Building. He also asked if some of the saving from the appropriation could be used for site work.
Mr. McClellan said the septic will be shared, and some work needs to be done in tandem, which makes it very difficult to assign costs to each building. Mr. McClennen suggested after the entrance is moved, there may be increased interest in the Hotel building. He told the Board of Selectmen the funds remaining in the CMMC will be needed to get the museum up and running. The savings from the renovations would have to be re-appropriated by Town Meeting.
Mr. Summers asked to have someone from CMMC address the Board of Selectmen about monies raised and the estimates.
Mr. Chuck Bartlett, Chairman of the CMMC told the Board of Selectmen the group has raised $300,000 and has pledges for additional funds. The group has spent money for architects and engineering. The $240,000 that is proposed to be granted to the Town is an average of two bids using prevailing wage cost estimates; that is the most the CMMC can spend on the project at this time. He said funds need to be preserved for the set up of the museum including a design engineer to design the museum and for volunteers to build inside.
Mr. Sussman moved the Board of Selectmen vote to apply to the Community Preservation Committee for $428,000 for improvements to the Marconi site. Mr. Bergstrom seconded the motion. Ms. Seldin offered an amendment: that the application be submitted by the Board of Selectmen, CMMC, and the Chatham Historical Commission. Mr. Sussman agreed to incorporate the amendment.
Further discussion disclosed that the lease will not be signed without site improvements.
Mr. Hinchey cautioned that the figures being discussed are estimates.
Mr. Whitcomb said he could not support the motion because it takes away the groups commitment to raise funds.
Mr. Frank Messina, from the Chatham Historical Commission noted the previous CPA application came from the Historical Commission and the Town.
Mr. Summers felt it more appropriate for the Marconi group to apply for the monies. Mr. Hinchey said the group could not apply for funds for Town-owned buildings.
Mr. Sussman felt the Board should support the project regardless of who makes the application.
The Board of Selectmen voted three in favor two opposed (Mr. Summers, Mr. Whitcomb.) The motion passed.
Golf Committee Charge and Petition
Mr. Thomas Hartnet, Chairman of the Golf Advisory Committee, attended this meeting. He distributed a charge that the Committee had prepared for the Board’s consideration. He asked the Board of Selectmen to approve the charge with five members, three of whom would be members of the course. He told the Board the Committee needs affirmation from the Board of Selectmen to understand its mission.
The Board reviewed the proposed Responsibilities and questioned the “management” of the course and pro shop. Mr. Hinchey said the Charter does not allow administrative responsibilities for advisory committees. The Committee could act as an oversight group and report to the Town Manager and Board of Selectmen.
It was noted the preparation of RFP’s is a function of the staff, though they have worked with the Committee on that endeavor.
Mr. Bergstrom noted the charge does not reflect actual practice. He feels the day to day operation of the Town is the Town Manager’s responsibility. He also said the original charge is an historic hold-over but inconsistent with current practice and the terms of the Charter.
After further discussion it was decided the GAC will work with the staff and Mr. Summers, who is the Board’s liaison to the GAC, and prepare an updated charge consistent with Charter provisions and reflective of the GAC’s advisory capacity.
Petition – Future of Seaside Links Golf Course
Mr. Richard Shupe attended this meeting to review the petition that was presented to the Board of Selectmen previously.
Mr. Shupe told the Board of Selectmen the petitioners do not want to change any operations at the golf course. He also suggested the evaluation team for the RFP’s include one selectman, two members of the staff, and two members of the Golf Advisory Committee.
The petition also stipulates violations of the Contract would result in termination of the Contract; a “No T times Policy”; no building of a club house or revising the course layout; no golf school; and continued affordable course fees. Mr. Hinchey said Finance Director Jennifer Petit has been working with the GAC and most of these bullet points are included in the RFP. Mr. Hinchey said certain things have to be done to issue an RFP that allows continuity, but the Town cannot preclude what a bidder submits.
Mr. Hinchey also said it would be a conflict for a Selectman to be on the evaluation committee since they will be awarding the contract. Ms. Petit said the contract can be for five years as voted at the Town Meeting in 1998.
Special Town Meeting Zoning Articles Recommendations
Chairman of the Planning Board Mark Zibrat told the Board of Selectmen the Planning Board reviewed Articles 8 through 10 and made some slight modifications. The Planning Board will be making their recommendations later this evening after more discussion.
There was some discussion concerning the Board of Selectmen’s role in making recommendations on zoning changes. The Moderator has indicated there is no statutory obligation for the Board to make a report to Town Meeting.
Article 10 GB3 Zoning Map Change
Mr. Summers reiterated that this change will move the zoning line to cover the entire lot and would allow the expansion of the buildings on the property. Discussion included the possibility that the agreement with the Village Market could fall through and the property owners would be the only benefactors. Mr. Summers said the worse case would be that the owners could build a commercial property with two accessory apartments. Also, some sewer flows will be given back to the sewer bank.
It was determined the additional commercial space would be 7,000 sq. ft.
Mr. Zibrat said there is a provision in the protective Bylaw which allows commercial buildings to expand in a split lot with a special permit from ZBA, but the twenty-five foot buffer would take up most of the area. By changing the lot line a twenty-five foot buffer and expansion of the building would be allowed.
Mr. Sussman moved the Board of Selectmen vote to support Article 10 contingent on the Planning Board recommending approval to the Town Meeting. Mr. Whitcomb seconded the motion and the Board of Selectmen voted unanimously in favor.
Discussion – Wastewater
Director of Health and Environment Robert Duncanson addressed the Board of Selectmen to discuss the Concerned Citizens questions regarding the Comprehensive Wastewater Management Plan. He told the Board the Plan has been in development for over twelve years; overseen by the Citizen’s Advisory Committee. The CAC has provided unrestricted opportunity for the citizen to have input into the Plan through formal, regular public CAC meetings, workshops and hearings. Throughout the process major public policy decisions were presented to the Board of Selectmen for discussion and direction. The final Plan was reviewed by the DEP, MEPA and the Cape Cod Commission.
Ms. Seldin said the Citizen’s Advisory Committee for the Comprehensive Wastewater Management Plan has worked ten to twelve years on the Plan with many open meetings and expert consultants. She felt it is not necessary for the Town to add another committee to review the Plan. She noted the Advisory Committee represents all sections of the Town. She also said the Commission and the State authorities have reviewed and made comments which have been addressed concerning the Plan. She said the Concerned Citizens have good questions and comments and suggested they meet with the Citizen’s Advisory Committee to hold open discussions and have their concerns addressed.
Mr. Summers agreed. He said it is healthy for interested group to question the process, but felt the Concern Citizens may be questioning things they missed that have already been considered and acted upon. He felt Mr. Duncanson could respond to the Concerned Citizens and agreed it would be productive for the Concerned Citizens to meet with the Comprehensive Wastewater Management Plan Citizens Advisory Committee.
Mr. Fran Meaney, representing the Concerned Citizens said the Plan has merit and solutions for nitrogen removal but, suggested there were plans that would be as effective but cost much less. He feels the Town could save significant amounts of money by looking at alternatives that would remove nitrogen. He suggested the CAC examine these questions, which are mostly financial, to see if the project could be done with less money and to talk with people who have experience with alternative systems.
Mr. Fred Jensen, Chairman of the Citizens Advisory Committee for the Plan said the Town needs to move forward noting the CAC has been reviewing extensive information for more than ten years. The Water and Sewer Advisory Committee has also been kept up to date on the Plan and voted unanimously to support it. The Summer Residents Advisory Committee supports the Plan as well. The CAC feels this is the best possible Plan for the Town to protect our estuaries and environment and sustain property values.
Mr. Duncanson told the Board the CAC evaluated the Nitrex system along with other systems that remove nitrogen and looked at possible costs. The Plan indicates what the Committee feels is the best Plan for the Town of Chatham since cluster systems would require large parcels of land throughout the Town which the Committee did not think was practical. He also noted the Plan is adaptive and Phase II provides options for the voters. Changes to the Plan would have to have to go back to all the various agencies for further review.
Release Executive Session Minutes
Mr. Whitcomb moved the Board of Selectmen vote to release the Executive Session minutes of February 27, March 3, March 7, April 4, and April 28, 2009. Ms. Seldin seconded the motion and the Board of Selectmen voted unanimously in favor.
The meeting adjourned at 7:00PM.
Respectfully submitted,
Ramona M. McDonald
Recording Clerk
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