Wellfleet Board of Water Commissioners
Minutes of Meeting of September 29, 2005
Senior Center, Conference Room


Present:	Mark Berry, Chairman; Erik Mitchell, Jean Schaefer, Lyn Hiller and Moe Barocas

Also Attending: Helen M. Wilson, Selectwoman and past Water Commissioner

Chairman Mark Berry called the meeting to order at 7 p.m. The meeting was tape recorded.

Announcements
Jean Schaefer distributed a hand-out on parliamentary procedure for small boards and committees.  A decision about what practices the Board would like to follow was deferred for its next meeting.

Scope or Mission
The definition of scope or mission or purpose could not immediately be decided.  Moe Barocas said it could not be determined without first going over Town Counsel’s letter regarding the Board of Water Commissioners.  Jean Schaefer felt that a Mission Statement could be defined in general terms.  Chairman Mark Berry said there was a great deal of overlapping between the duties defined in the legal opinion and a statement of purpose.

Duties & Responsibilities
The Board considered the May 24, 2005 legal opinion written by Attorney John Giorgio of Kopelman & Paige.  They raised many questions regarding the role of the Water Commissioners outlined in the letter and would like to present their questions to Town Counsel for clarification.  According to Attorney Giorgio, the only  duty of the Water Commissioners is to set rates and prices for water use. DPW is responsible for the maintenance and construction of the infrastructure. Barocas said that the Charter dictates what boards do and asked why it wasn’t within the purview of this Board of Water Commissioners to do what the old board did.  Barocas made a motion to go before the Charter Review Board and the Board of Selectmen in two separate meetings to go over the expectations for the Board of Water Commissioners.  Mark Berry seconded the motion.

Discussion followed about getting an Article onto the Warrant for Town Meeting, but deadlines for STM are coming up too soon.  Schaefer suggested putting together the mission statement to tell the Board of Selectmen how the Water Commissioners want to operate.  Lyn Hiller said that interpretation of the Charter is needed.  Schaefer had reviewed minutes of the former Board of Water Commissioners and said that they had passed judgments, made policy decisions and made changes to the rules and regulations.  She said she would like the Water Commissioners to function as fully as the old board, which followed MGL, even if it might be viewed as ignoring Town Counsel’s opinion. 

The vote on the motion to meet with the Charter Review Board and the BOS in two separate meetings was called. It carried 5-0. 

Mark Berry made a motion to amend the above motion by specifying that the Water Commissioners meet with the BOS on October 11 and meet with Charter Review at its next meeting.  Erik Mitchell seconded the motion for the amendment.  The motion to amend with dates carried 5-0.
 
Erik Mitchell informed the Board of the DPW newsletters that should be sent to the Water Commissioners on a regular basis.  Helen Wilson read from Charter policy regarding the Board of Water Commissioners and said that MGL, the Charter and the town bylaws are what the Board should be following.  She also said that the former Water Commissioners had accepted MGL Chapter 40,39J, [Dec. 23, 2003] which the new board should ask about in their inquiry to Town Counsel.  Mark Berry made a motion, which evolved into a directive instead, to write down all the questions the Water Commissioners would like to ask Town Counsel.  These questions will be part of the agenda for the Oct. 6 meeting.

Master Plan
Wilson and the Board discussed chain of command and the Water System Master Plan.  Wilson reminded the Board that the ultimate decision makers are the voters at Town Meeting.  She also said that the Board of Selectmen had not discussed the Master Plan.  The two systems that already exist are the WC responsibility.  The Master Plan would need review by the Planning Board, NRAB, NPS and approval at a Town Meeting.

Questionnaires
Board members looked at two surveys on water needs.  One was mailed to 331 non-resident taxpayers Sept. 1, 2004, and one was a private inquiry prepared by Jean Schaefer and sent to 130 Wellfleet residents and non-residents March 16, 2004. The Water Commissioners would like to send out a survey of their own.  Berry would like to look ahead 10 or 20 years to future town needs.

Wilson suggested asking DPW for 2004 meter readings, a monthly breakdown of neutralized PH and flushing reports.  She also cited Chapter 11 Guidelines for Drinking Water and cautioned that the Town can not over-commit.  It needs the technology, management and finances to run a large system, she said.  She pointed out that there is a shallow aquifer to draw from.  Also she mentioned how the Town has not yet found a qualified Water person despite its advertising attempts.

Jean Schaefer disagreed with Wilson’s statements and asked the chairman for permission to write a rebuttal to her comments, particularly those regarding the aquifer.

Going back to the questionnaire idea, Erik Mitchell said it should be constructed scientifically if it were to be a valid survey.  

Other Business
Jean Schaefer suggested future agenda items: a meeting with Paul Gabriel to discuss the Water Bank; the USGS study’s video; a DEP training workshop for new Water Commissioners; the need for DPW reports or asking Mark Vincent to a meeting; and material on lead education.

Wilson offered some ideas for magazine subscriptions to Pipeline, Small Flows and On Tap. 

Berry recommended coming up with a “priorities list” for the Water Commissioners. Lyn Hiller said the Board should consider adding water conservation to its goals, taking into consideration new technology and plumbing code.

The Wastewater implementation plan is coming up soon.  Although this is not within the purview of the Board of Water Commissioners, they could weigh in on this planning issue, according to Wilson.  

The Water Commissioners would also like to meet with the Board of Health and will invite them to a WWC meeting.

Next Meeting
The agenda was set for the Oct. 6 meeting: questions regarding Town Counsel’s letter; a definition or mission statement; duties and responsibilities; questionnaire possibilities; mail and two sets of minutes.

Adjournment
Mitchell made a motion to adjourn; Barocas seconded; all voted to adjourn 5-0.
The meeting adjourned at 9:20 p.m.

Respectfully submitted,


_______________________			_____________________
Mary Rogers, Committee Secretary		Mark Berry, Chairman
						
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