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HomeMy WebLinkAboutMinutes - BoS - 12/13/2010 Minutes—Board of Selectmen December 13, 2010 Selectmen Present: Karen Quigley, Chairman Edwin G. Carr Frederick R. Koed Paul Carlson Leland H.Jenkins Others Present: Stephen J. Lombard, Interim Town Manager Jennifer Brennan Oram, Selectmen's Clerk Chairman Karen Quigley called the meeting to order at 7PM Town Manager's Report Interim Town Manager, Stephen Lombard, announced that Meeting House Pond would be open in two weeks. Selectmen's Comment Period Selectman Paul Carlson asked the Board to review the proposed meeting schedule for 2011. The Board did and approved it. Chairman Quigley addressed an Open Meeting Law Complaint that had been filed by the Cohasset Mariner against the Water Planning Group. She stated that counsel has advised that under MGL Chapter 38 Section A there is statutory language that two members of the group would be less than a quorum. Chairman Quigley stated that she will respond to the complaint in writing and the Open Meeting Law is something that she takes seriously. Annual License Renewals Selectman Carlson moved to renew all licenses for the Red Lion Inn,J.J.'s Dairy Hut and J.J.'s Junction. Selectman Leland Jenkins seconded the motion and the vote was unanimous (5-0). Alternative Energy Committee Informal Review of the Wind Turbine Bylaw Revision—Chairman of the Alternative Energy Committee, Andrew Willard, reviewed the history of the existing turbine bylaw and the proposed revisions. Member of the AEC, Conrad Langenhagen,joined Mr. Willard and reviewed the proposed changes as well. After a lengthy discussion, Mr. Langenhagen stated they would also be bringing the proposed amendments to the Zoning Board of Appeals before taking it to Town Meeting. The Board thanked them for their great work. Town Manager Search Discussion— Mr. Lombard reviewed the RFQ for the scope of services he created to send out to firms who do this type of work. He stated there were four firms that do these types of searches and where the cost is under$25,000, Mr. Lombard can reach out to them and submit a proposal to the scope of services without having to go out to bid. The Board could then interview everyone that submits a package. After further discussion,Selectman Jenkins moved that Mr. Lombard proceed with the scope of services for a consultant to help find the new Town Manager. Selectman Frederick Koed seconded the motion and the vote was unanimous (5-0). Selectmen—12.13.10-JBO 1 Minutes—Board of Selectmen December 13, 2010 Facility Sticker Fee Discussion—Mr. Lombard stated that the Board had asked for what the cost was to run the solid waste facility. With the information he was able to obtain, it costs the Town $641,000 to run the facility which leaves$290,000 that is not covered by fees. In addition, there are costs to run the lot at the beach which are not added into this cost analysis. Selectman Jenkins asked if there was a rush to vote on this. Mr. Lombard stated that he has a meeting with the Budget Planning Group and that the increase in fees would bring in more revenue for an already tight budget. Selectman Jenkins stated he would like to reconvene the recycling committee and feels that they should address cash management. Selectman Jenkins then moved that credit card machines be installed at the RTF and Town Hall. Mr. Lombard explained that before the Board could move on that motion,they would have to go out to bid on it. In addition,the process of cash management needs to be looked at and he would like to talk to the auditors about this issue before changes are implemented. Selectman Jenkins stated that the Town definitely needs cash management. Selectman Koed stated that he would need more information on it all before he would vote on it. There was then a discussion to do more of an analysis on the RTF and the beach costs and to bring the subject back to the Budget Planning Group for further review. Audit—American Water Works Discussion—Mr. Lombard stated that American Water Works are no longer talking with the Auditor. He said that in reviewing the contracts, it looks like the consulting engineer can request and receive bills the Town has paid. Selectman Carlson stated that this could be very expensive to the Town and that there must be a legal action that can be taken. Selectman Carr stated that it is important that the audit be coming from real facts. Selectman Carlson stated that if they can't get the information they need,the audit will not be complete and that it's critical they get some cooperation. Mr. Lombard added that due to the situation,the tax bills will not be going out. He is also having the Greenbush office review the grants with the auditor and Norfolk Ram. Mr. Lombard will proceed with the legal direction to get cooperation. CAT Dam NOI Discussion &Vote—Chairman Quigley stated that there were a couple of issues that she should address before the Board begins this discussion. There was a question of whether or not the Town owns the dam. Town Counsel has given the Board an opinion that they have an easement that is on the deed. Based on facts, Attorney Hucksam feels the Town owns the dam and the Janssens and the Bakers own the land that the dam is on. Chairman Quigley asked if the opinion was sufficient information for Selectman Koed. He stated it was. Chairman Quigley then read an email aloud from Jason Burtner of CZM who suggested a public forum be held to address the "fundamental misconceptions and misinterpretations of the data and associated resource issues by the 'Environmental 20 Group"'. Mr. Burtner also stated in his email that the CLE report was peer reviewed and that "the information and analysis provided in the report is accurate, reasonable,well-vetted, and defensible". Selectman Koed stated that he was confident that all experts are confident in their reports. Mr. Steve Brown of 274 Jerusalem Road addressed the Board and stated that they got a copy of the Lucas Report (Environmental 20) and that it has not been publicly vetted by another group. The CLE report has been the subject of multiple public meetings. It was also vetted by the EPA and other regulatory groups. He stated that what he noticed was that more flushing was good. Mr. Brown also reviewed information from the Camp, Dresser and Magee report from 2000 and many other facts about other bodies of water in Town that have flushing (the Cunningham Bridge area, Peck's Meadow and Treats Pond). Chairman Quigley stated that there have already been two meetings on this subject and many other meetings over the years and therefore the Board has plenty of information. The important thing this evening is to move forward and to make a decision this evening as to what NO1 should be forwarded to the Conservation Commission. Chairman Quigley is giving each side five minutes. A coin toss was held and the Environmental 20 Group won the toss and presented first. Attorney Adam Selectmen—12.13.10-JBO 2 Minutes—Board of Selectmen December 13, 2010 Brodsky representing the Environmental 20 Group addressed the Board. He reviewed who his clients were and stated that there is a misconception that their concern is not for the environment but for the aesthetics. He stated that this not the case, but that instead the two sides simply disagree. He stated that they do want to compromise. He added that many in the Environmental 20 Group agreed with the original group of four, some disagreed and this brought forth a thoughtful science based issue. He said that the opposing group embraced the committee of four, but is now going with the CLE NOL Mr. Brodsky stated that the Environmental 20 proposal is a reasonable compromise and is in the Town's best interests. He then reviewed the flushing schedule and stated why they feel it is better than the CLE's proposed schedule. He stated that they feel the property owners should be involved and that the Cat Dam area is much different than the Straits Pond Watershed Area. Mr. Brodsky said that they agree that the Town does own the dam with an easement on the property that is under it. He stated that if the Town does not have the support from the Environmental 20 Group,from a regulatory point of view, it will cause a very long, drawn out battle over the permitting. Mr. Brown stated that he would like to point out a couple of factual errors. He feels there are 19 people in the opposing group. He does not feel the Environmental 20 proposal has been peer reviewed. He stated that the Selectmen were asked to look at the NOI because some citizens felt their concerns were not heard. He stated that they have now spent three meetings and significant time on the issues. The Board has heard about several items that illustrate their concerns with the data presented by the Janssens. The Board has now ensured that the citizens have now expressed their concerns. Mr. Brown then stated that the DEP has reviewed the CLE report and given it a number. The Board now has the ability to pursue the Conservation Commission and could in good conscience file the CLE NOI and as Selectman Jenkins has stated, "get back to more important work". Selectman Carr thanked both sides for their hard work. Chairman Quigley stated that she believed it was now up to the Board. She stated that she felt their were three issues to discuss and it may make sense if they did so one at a time: Which NOI would the Board like to recommend, which operating schedule would the Board like to recommend and which Advisory Composition would they like to recommend. Selectman Jenkins stated that he is a Civil Engineer and has listened to both sides and that he can't come up with a conclusion and doesn't see how the Board could either. He feels the only way they know what the results are would be through testing. Selectman Carlson said that the Sewer Department did take a lot of measurements so there is a baseline. Chairman Quigley added that plus they have the two years of testing from CZM and CSCR. She added that the issue of sewering would address the bacteria and only the bacteria. Taking that into considering and everything else presented, she agrees with Selectman Jenkins. She feels that these decisions belong in the hands of the Conservation Commission and that when you are a permitting Board, it is different, the Board has to follow law and they have something very definitive to follow with which to make their decisions by. The Conservation Commission has a lot of experience and are a good group of people; they deal with science and fact rather than politics. Selectman Koed wondered if the Board could clarify the letter from November 9th re: the withdrawal of the NOI and that it will require a new filing of the NOL Chairman Quigley stated that what triggered the entire situation was the change to the schedule and that the change was a violation which triggered the need for an NOL The Conservation Commission then required that an NOI be filed by the Board of Selectmen. Town Counsel agreed this needed to happen. Selectman Koed stated that there has been talk about immediate repairs to address some structural issues and asked if those should be looked at now. He wondered if perhaps they should look at some form of automation. He stated that the Board is the applicant and that the Board has never had the application before them. Chairman Quigley said that the standard procedure of submitting an NO1 was followed. It was followed for this NOI as it was for those that came before it. Selectmen—12.13.10-JBO 3 Minutes—Board of Selectmen December 13, 2010 She stated that she had asked for a copy of it and received it and read it, and that any of the other Selectmen could have done the same. If a citizen's group had not brought it forward, it would have followed the same procedures as many NOls before it. She stated it may make sense to look at automated gates in the future, but right now Conservation has asked the Board to submit an NOI by the end of December or the beginning of January. Whatever happened 2.5 years ago caused a violation and the Town is now required to submit an N01. Town Counsel has agreed and therefore the Board needs to submit an N01. Selectman Koed asked if they had to pick one. Selectman Carr asked if they could submit more than one N01. Chairman Quigley stated that the had talked with Mr. Lombard, the Conservation Agent, Paul Shae and the Chairman of the Conservation Commission to see what the Board could do. She said the Board has two options to pick from. She stated she looked in to what options they would have because she thought the Board would come to an impasse. If both NOls are filed, and the CLE NOI is submitted, the Town would not incur any additional costs and if Environmental 20 wants to engage Attorney Brodsky they can do so. This way the decision is back to the Conservation Commission. Selectman Carr stated that he thought it made sense to present two NOIs. There was then a discussion about how the Board should break up the votes. Chairman Quigley suggested that they could vote to recommend both options. Selectman Jenkins moved to recommend the Environmental 20 Group. Selectman Koed seconded the motion. Chairman Quigley stated that she thought the Board needs to decide if the majority of the Board wants to submit both. Selectman Carlson stated that one option should be tried for a few years and then try another. Selectman Koed stated that he felt this process (Env. 20)was a more incremental approach and that there was more neighborhood involvement. Selectman Carr asked about the idea of putting forward more than one option as they have heard a lot of information over the past three weeks. Chairman Quigley stated that there has been a lot of discussion about doing something lesser, not as drastic. However, she stated that she has heard that there are residents who think differently and professional environmental individuals who work specifically with marsh restoration and this type of project. These people are saying that the CLE is a valid report contrary to the E20 and what Lucas Engineering has proposed. She feels it would be permitted otherwise the DEP would not have assigned it a permit number. Selectman Carlson stated that he thought both would be permitted. He said the Board of Selectmen is a political Board and that is one of the reasons they wanted a political body to hear this. Chairman Quigley stated that a decision has to be made. Selectman Carr said that he thought the Board should recommend both to the Conservation Commission as he sees merits in both. Chairman Quigley stated that she thought that option would only be fair. The vote was 3-2,the 2 being Chairman Quigley and Selectman Carr. Only the Environmental 20 NOI will go to the Conservation Commission. Selectman Carr moved to include the CLE NOI. Chairman Quigley seconded the motion. The vote is 2-3, motion fails,Selectmen Koed, Carlson and Jenkins against. The Board then discussed who would comprise the Advisory Board. Selectman Carlson would like to see a scientist on this board, but not one that has weighed in on the issue before. Selectman Koed stated that he comes down to local control, the algae, the flushing, the erosion and the safety issues. Selectman Jenkins suggested that it be a seven member board. Selectman Carlson stated that the experts should advise but not be on the Board. After further discussion, Selectman Jenkins proposes that the Board comprise of 9 members, 3 professionals, 4 from the majority. After further discussion of the membership, Selectman Jenkins moved that 9 (nine) people be appointed to the Advisory Board. No second. Selectman Koed moved that when the Board submits the NOI to the Conservation Commission,there be an Advisory Board that is comprised of 9(nine) members. 4(four)from the advocacy(odor and mud flats), 2(two)concerned with maximum flushing, and 3 (three) independent experts. Selectman Koed stated that this where they get away from the model. He said we want to Selectmen—12.13.10-JBO 4 Minutes—Board of Selectmen December 13, 2010 maintain some sense of control and that he would rather stick to 5 (five) citizens. Selectman Jenkins seconded the motion. The vote was 4-1 (Chairman Quigley against). Mr. Lombard stated that when the E20 NOI goes before the Conservation Commission someone has to present it. Selectman Koed moved that the Board be given a written estimate from Lucas Environmental for the cost to present to the Conservation Commission. Selectman Carr seconded the motion and the vote was 4-1 (Chairman Quigley against). Executive Session: Collective Bargaining Exemption, Purpose 3—Selectman Koed moved to go in to Executive Session for the purposes of collective bargaining exemption, purpose 3. The Board will only come out of Executive Session in to Open Session for the purpose to adjourn the meeting. Selectman Carr seconded the motion. Selectman Koed-Aye Selectman Jenkins—Aye Selectman Carr—Aye Selectman Carlson—Aye Chairman Quigley—Aye Selectman Carr moved to come out of Executive Session to adjourn in open session. Selectman Carlson seconded the motion. Selectman Koed—Aye Selectman Jenkins—Aye Selectman Carr—Aye Selectman Carlson—Aye Chairman Quigley—Aye Selectman Koed moved to adjourn the meeting. Selectman Jenkins seconded the motion and the vote was unanimous(5-0). Meeting adjourned at 9:5613M. Respectfully submitted, Karen Quigley Chairman Documents: Email from Jason Burtner to several recipients dated December 9, 2010 Selectmen—12.13.10-JBO 5