HomeMy WebLinkAboutMinutes - BoS - 05/17/2010 Minutes—Board of Selectmen May 17, 2010
Selectmen Present: Karen Quigley, Chairman
Edwin G. Carr*
Frederick R. Koed
Paul Carlson
Leland H.Jenkins
Others Present: William R. Griffin,Town Manager
Chairman Karen Quigley called the meeting to order at 6:30PM.
Executive Session—Chairman Quigley moved that the Board go into Executive Session for the
purposes of discussing Collective Bargaining.The Board will come out of Executive Session for the
remainder of scheduled open meeting. Selectman Koed seconded the motion.
Selectman Frederick Koed —Aye
Selectman Leland H.Jenkins—Aye
Selectman Paul Carlson—Aye
Chairman Karen Quigley—Aye
The Board returned to Open Session at 6:45 PM.
Board Review of Special Town Meeting
Article 1: Union Contracts &Other Salary Adjustments—Town Manager, William Griffin, reviewed the
details of the agreements for the Board. Selectman Paul Carlson stated that they look like good
contracts and stated that he knows that it's been a lot of work and a long process to get it done.
Selectman Carlson moved to recommend approval of Article 1 at the Special Town Meeting.
Selectman Koed seconded the motion and the vote was unanimous (4-0).
Article 2: Easements of Jacobs Meadow Culvert Project— Mr. Griffin reviewed the background of the
Jacobs Meadow Project. This article addresses the need for language that makes reference to
easements that are needed to complete the project. Selectman Jenkins moved to recommend
approval of article 2 at the Special Town Meeting. Selectman Koed seconded the motion and the vote
was unanimous(4-0).
Article 3: Zoning Bylaw Amendment—Section 8.7.1—Mr. Griffin stated that the Planning Board will be
holding a public hearing for this zoning change in the coming week. In this case, it seems likely the
Board would want to wait until that was over and therefore this article will read that a recommendation
will be given at the Special Town Meeting.
MIIA Disclosure Form for Town Manager— Mr. Griffin explained that he was elected to the Board of
Directors of MIIA of both the health trust and property and liability. Each member of the Board is
required to request the appointing authority declare that the Board of Selectmen understands that he is
serving and that he does not get compensated for it, but at the same time the Board is confident it [he
being on the Board] would not infringe in any way on the professional services that he provides the
Town. Selectman Koed moved to confirm that the Board has been advised of the situation and thus
authorizes the Chairman of the Board to sign the waiver. Selectman Carlson seconded the motion and
the vote was unanimous (4-0).
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One Day Liquor License Selectman Carlson moved to approve a one-day wine and malt liquor license
for the Unitarian Universalist Congregational Church for a fundraiser on May 22, 2010 from 7-11PM.
Selectman Koed seconded the motion and the vote was unanimous(4-0).
*Selectman Edwin G. Carr arrived at the meeting at this time.
Joint Meeting with the Advisory Committee on Water Planning Group (WPG) Recommendations on
Water Department budgets for Fiscal 2010 and 2011.
The Board was joined by the members of the Advisory Committee and the WPG. Mr. Griffin reviewed
the structure of the warrant explaining the appendixes that will be included in the warrant. Chairman
Quigley stated they are here this evening to discuss the financial recommendations of the Water
Planning Group. Chairman Quigley asked Selectman Carlson, who is the Chairman of the WPG if he
would like to read a statement. Selectman Carlson read his statement aloud which addressed why the
WPG was created. He explained that any shortfalls in the Water Budget need to be made up by the
Town. The WPG was created in March, met weekly and have produced several recommendations to be
addressed at the June 14, 2010 Special Town Meeting. He stated that these recommendations are short
term stop gap measures because they have to be in place by June 30, 2010. He then listed the proposed
changes that would be addressed in articles,they are: A transfer from the stabilization fund of about
$300,000,for 2010,they are also suggesting some longer term solutions which will also be painful. First,
a capital recovery charge of$75.00 per quarter to be added onto current water bills, an increase of 10%
in water usage rates,the establishment of a third tier of rates for those who use more than 5,000 cubic
feet in a quarter and that the Town be charged for the water departments cost of maintaining the
hydrants. To cover the cost of the transfer of the cost of the hydrants to the Town's budget, they are
recommending a proposition 2% override. With these changes,they feel that the water department
will be able to operate at a break even basis or better over the next couple of years. They are also
asking that the Town Meeting approve $300,000 in important capital improvement projects to be
financed with an increase in the quarterly charge to take place at the end of FY2011. Going forward the
group recommends that all capital expenditures made by enterprise funds have identified sources of
funds. Selectman Carlson stated that these are painful recommendations and that they have worked
long and hard exploring various options. However, in order to pay the bills of the Town, they have to
take in more money. The other alternative would be for the Town to not pay for its obligations and this
would end up causing chaos and therefore he feels that the Town has to consider these warrant articles.
Chairman Quigley thanked Mr. Carlson and asked if anyone else would like to make an opening
statement from the Advisory Board. Mr. Samuel Wakeman, Chairman of the Advisory Board, stated that
he feels strongly that it would be unfair to throw these [proposed changes] onto the taxpayers without a
long term solution for the problem. He does feel that the leaders of the Town were "asleep" at the
wheel and changes need to be made to both the water and sewer enterprise funds guaranteeing they
are being closely supervised on their financials. He feels there has to be some real analysis and that the
management structure needs to be looked at very soon so the voters see that this is being looked at. He
said more importantly, he feels they need to go forward and not worry about what has been done.
Chairman Quigley stated that she could not agree more. She feels that in order to restore public trust in
the process at Town Hall,they need to feel that what they are presenting will go toward the longer term
goals so we don't find ourselves in this situation again. She stated that she feels if they do not succeed
in getting that across to the Town,they will fail on the floor at Town Meeting. She added that speaking
for herself; she feels the Town is owed a public apology for what has happened. Mr. Wakeman agreed.
Chairman Quigley added that she agrees with Mr. Wakeman that there needs to be a line by line
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comprehensive audit [of the Water Department's Budget]. Selectman Carlson stated that he agrees
with all that has been suggested but first they have to get through Town Meeting. Advisory Committee
member Pat Waters stated that for this evening they need to first focus on the financials to pay the
Town's bills. They can then focus on other issues, but they first have a fiduciary duty to the Town. He
then addressed the new charges that the user will be seeing on the bill. He would like to see a
breakdown on the bills so people can see where the money is going (i.e. land acquisition v. distribution
system upgrades). He considers this an open issue that could hopefully be discussed a future meeting of
the WPG. Mr. Waters addressed the need of an override in order to accomplish these goals. He pointed
out that the override may pass at Town Meeting but not at the ballot box and therefore he suggests the
language in the articles have two options so they would not have to go back to Town Meeting. For
example, passing something that will cover the override amount should it not pass. There was then
discussion on rate charges and fees, as well as dedicated funding sources for capital expenditures going
forward. Water Commissioner, Chris Seebeck stated that he feels having the fees itemized will make
them more transparent to the user. It was agreed that for the purposes of the warrant,the fee charge
will be one lump sum, but on the bill of the water user, they will be broken out. Chairman Quigley then
explained the fire hydrant fees and how that article will affect the budget.
Mr. Griffin then addressed usage fees. He stated that it is unfair to raise a fee when people are
presently using the water, but they can adjust the quarterly fees as of July 1. There was a lengthy
conversation about the fees and how much they will generate. Mr. Griffin suggested that they run
additional figures at the next meeting of the WPG to revote the issue and present their
recommendation to the Board of Selectmen. There was then further discussion about the billing and
whether the bills would show one month of the old rate and two at the new rate, or if they should just
start the billing in September. It was agreed that this would be discussed at a later time.
There was then a lengthy conversation about the fees being spread to all of the users. Advisory
Member, Ed Lappen expressed his concern that it was unfair to charge people on a per head basis.
Selectman Carlson stated that it is not a per head basis, that 60%was usage and 40% per unit. Another
member stated that if we base this all on usage, they could be back with the same issues a year from
now.
Chairman Quigley then addressed the rates and water usage. Mr. Wakeman stated the he feels one of
the reasons they saw a decrease in usage was not just the weather, but also the fact that we are in a
recession. There was further discussion on the Tier 3 rates and that it was created for a revenue stream
only and they are not sure what it will bring in as it's new. Selectman Carlson pointed out that 2008 and
2009 were the wettest summers since 1997. He stated that summer usage is quite volatile. Mr. Waters
added that they need to be careful with how they work things as thus they have been very careful in
how they projected the usage. Where there is such a volatility usage cannot be predicted and that's
why the charges should be focused on paying for the distribution system. Chairman Quigley added that
at Town Meeting they will need to point out that these are initial changes to deal with the issues at hand
for FY10 and FY11, and that indeed as they watch things prove out,they may have to come back and
revise these changes at a future town meeting.
Mr. Griffin then stated that he felt it would be useful to connect a couple of things in particular,the last
line in the expense category for sludge removal, that number only happens if the capital project that
will be discussed passes. It will increase if the article for capital improvements is not passed. There was
then a discussion regarding the budget and what monies would be deferred where and payments they
would be receiving. Mr. Waters then stated to Chairman Quigley that it is important that people know
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that not until they [WPG] looked at every place they could cut in the budget did they then look where
else they could bring in revenues to tighten the financial gap,were additional fees considered.
Chairman Quigley also pointed out that if some articles don't pass,they will be severely depleting the
Stabilization Fund. Mr. Griffin said that if the Stabilization Fund is used, he would like to see it be repaid
with the second Avalon payment so it is a loan. His stated that the Town may be trading a lot for the
deferral of the$208,000 owed to American Water in regard to the Town being able to negotiate the way
it wants on the contract. Mr. Waters, Selectman Carlson and Mr. Wakeman agreed. The WPG will
discuss this further at their next meeting.
They then reviewed Article 8:Water Department Capital Improvement Proiects—Chairman Quigley
reviewed the problems related to the sludge lagoons. This proposed capital project would initially cost
$100,000, but reduces the cost by$100,000 this year and each year thereafter. All three of these
projects will be paid by the$4 per quarter rate increase to cover the cost of capital projects. They then
reviewed the other proposed costs including another$150,000 to cover the costs of additional paving
for the Little Harbor Sewer Project. Mr. Wakeman asked Water Commissioner, Glenn Pratt, if this was
enough to finish the project. Mr. Pratt stated that it is not a firm figure because they are sharing the
cost with the Sewer Commission. Chairman of the Sewer Commission,John Beck, stated that he is
confused by this. Mr. Pratt stated that it was figured in on the cost on the project. Mr. Waters
suggested that Mr. Pratt bring a complete breakdown of the$150,000 to the next WPG meeting. They
will then verify it before they recommend it. Chairman Quigley then addressed the phosphate
treatment the money requested would be used to complete the process. Selectman Carr asked what
date the EPA required this to be done. Mr. Pratt stated that twice over the last three years they have
failed the tests. This coupled with the manganese issues (which he feels the phosphate process will
help) are why they are wanting to do it now. Selectman Carr asked if there would be side affects. Mr.
Pratt said that there could be widespread discolored water and they are having a public forum to discuss
it.
Chairman Quigley stated that this situation is a mess, but that there have been many hours and long
nights the Water Planning Group has spent on this and the general consensus is that there is no easy
solution and certainly every stone has been turned. While these are not good recommendations,they
are the best recommendations that can come forward at this time. She feels that in order to get a good
vote at Town Meeting,they have to look at the other side of the equation and look at how this could
have happened and ensure that it won't happen again, and that this is not business as usual at Town
Hall. She feels that real solutions should be found so that they don't have to come back again in the
near future asking for more money from the taxpayers.
Advisory Board member, Merle Brown requested that an in-depth audit of both the water and sewer
departments be conducted to see where things are with not just the money, but also the management
of them. Chairman Quigley stated that this has been discussed and she couldn't agree more.
Chairman Quigley opened the discussion to the audience. Mr.John Chapman of 25 Virginia Lane. He
feels the equity issue will add fuel to the fire. He is an average water user and he will be stuck with the
average rate increase. He asked for clarification on the rate increases stating that in some cases, it looks
like the 800 cubic foot user will be seeing 150% increase including the last rate increase. He left a copy
of his figures with the Board.
Mr. Ralph Dormitzer of 111 Atlantic Avenue stated that he appreciates all of the hard work that people
have done, but that he would like to share his impressions. He feels they need to say the water
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department is in receivership and that the Town is taking on the expenses. He added that fees should
be clarified; will it be on the bill forever or will it come off eventually? He feels the proposed rate
structures discourage water usage. He does not feel they water department should do anything [capital
improvements] that is not necessary. He also suggested that paving be looked at and not all of should
be done now.
Mr. Griffin stated that he would get a status on the chapter 90 money. Chairman Quigley stated that
the bottom line is that this issue is having a far reaching impact on the Town. Selectman Jenkins stated
that he feels this is far too difficult to explain to the rate payers at Town Meeting. He has come to the
conclusion that the Water Department cannot live with the variable rates as it is too small a system to
pay off this debt. He feels it should be a fee and nothing else. He personally feels that every user
benefits from the capital expenditures.
A question was then raised about the phosphate project. Mr. Pratt reviewed again why he feels the
phosphate project needs to be done sooner than later.
Mr. Waters then stated that he would like to respond to Mr. Dormtizer's comments by saying that the
WPG at first said no to everything. They reviewed each line item and cut where they could and put off
projects that could wait. This is now step one and where the Water Commissioners, elected officials,
have said that some of these projects are required as they are a public safety hazard, he feels the Town
needs to listen.
After further discussion, Selectman Koed moved to adjourn the meeting. Selectman Carr seconded the
motion and the vote was unanimous. Meeting adjourned at 9:15PM.
Respectfully submitted,
Karen Quigley
Chairman
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