Wellfleet Board of Water Commissioners
Minutes of Meeting of October 6, 2005
Senior Center, Conference Room
Present: Mark Berry, Chairman; Jean Schaefer, Lyn Hiller and Moe Barocas
Excused: Erik Mitchell
Also Attending: Helen M. Wilson, Selectwoman and past Water Commissioner
Chairman Mark Berry called the meeting to order at 7 p.m.
Town Counsel Letter
Moe Barocas cited an article in the latest Banner (October 5, 2005) regarding the possibility of an Eastham water system that could share a well with South Wellfleet. He said this was an example of the Board of Water Commissioners (BWC)being excluded from water system issues. Discussion concerned the reduction of duties and responsibilities of the new BWC as a result of a recent legal opinion from Town Counsel. The subsequent confusion needs to be resolved. Chairman Mark Berry said that the Board should send the questions regarding Town Counsel’s letter of May 24, 2005 along with at letter to the Town Administrator (TA) and Board of Selectmen (BOS) letting them know the Water Commissioners’ concerns. Jean Schaefer reported that the TA, Tim Smith, had said the Board could perhaps get a second legal
opinion. Barocas thought a petitioned Article was another possibility, but that process would be lengthy with hearings, Annual Town Meeting vote, Attorney General review and finally a vote at the next election. .
Selectwoman Helen Wilson said that the Water Commissioners’ role is clear, but she promised to bring Town Counsel’s letter to the attention of the Board of Selectmen, who had not yet discussed. Wilson said that Water Commissioners are charged with protecting the health, welfare and safety of the Town. She called attention to the MGL Index as “critical material” to assimilate and noted the distinction between Water Commissions and Water Commissioners. Barocas, Schaefer and Berry plan to attend the BOS meeting Tuesday night. (10/7/2005)
Charter Review Language
The Board decided to work toward a consensus about desired changes in Charter language. Jean Schaefer will e-mail the suggested changes to Ben Gitlow, Chairman of the Charter Review Committee.
The Water Commissioners considered replacing the word implementation with execution of decisions in 7-5-2 (h) but agreed upon the Charter Review’s amended version.
Taking out a clause regarding inconsistencies between MGL and the Charter, the BWC recommended that 8-8-2 read:
The Board of Water Commissioners shall exercise all such powers and duties as prescribed by Massachusetts General Law (MGL) which include but are not limited to all sections between and including § 38 and § 42K of MGL, Chapter 40 and § 69A & 69B of MGL, Chapter 41. Duly appointed Water Commissioners under the terms of this charter shall have all the rights, duties and responsibilities prescribed in MGL for elected Water Commissioners. Additional duties and responsibilities may be prescribed by this charter and bylaws.
In 8-8-3 and throughout the suggested changes the BWC recommended that water system become the plural water systems. With a few additional changes 8-8-3 should read: The Board of Water commissioners shall establish and maintain the Town’s municipal water systems’ Rules, Regulations and Policies.
Except for the change to water systems, the Board had no problem with
8-8-4.
After a discussion of emergency conditions, Technical Supervision and the term approval in 8-8-5, the BWC agreed to keep the language suggested by Charter Review Committee.
The Board suggested changing the word correspondence to communications in 8-8-6 but otherwise found this section okay.
Finally Mark Berry pointed out that 8-8-7 was not necessary because it singles out one agency (the DEP) when 8-8-6 already covered it.
Other Business
~ Returning to the idea of a petitioned Article for the upcoming STM, the Board considered again that there was not time to do it, that they didn’t have a response from the Charter Review Committee nor did they have the Selectmen’s thoughts. Barocas questioned how a rushed petition could do better than the petition which brought about the separation of the BWC from the BOS in the first place. Lyn Hiller said she was reluctant to go the route of a petition. Chairman Berry said the Board should just go about its business of Water Commissioners according to precedent. If the Board felt that they needed to do a petition by February, they could act upon it then in time for the spring ATM. In the mean time they have a lot of material to review and learn. Wilson mentioned that the Rules &
Regulations need work also. The Board still needs its Mission Statement, which will be an agenda topic for the next meeting.
~ Jean Schaefer announced that DPW Assistant Director Kevin Cahoon offered to give the Water Commissioners a tour of the facilities after November 1.
~ Wilson distributed copies of Annotated Massachusetts General Law Chapter 40. She suggested adding a note that Wellfleet had accepted Chapter 40, Sections 42-42F at the 1991 Town Meeting.
~ Wilson also said that copies of the magazine, On Tap, were on the way to the Water Commissioners.
Minutes
Barocas moved that the minutes of September 16, 2005 be approved. Hiller seconded. The motion to approve the minutes carried 4-0. Berry made a motion to defer approval of the September 29 minutes until the next meeting. Barocas seconded the motion. All agreed on the motion to defer 4-0.
Adjournment
The meeting adjourned at 9:30 p.m.
Respectfully submitted,
_______________________ _____________________
Mary Rogers, Committee Secretary Mark Berry, Chairman
_____________________ Date
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