Wellfleet Board of Water Commissioners
Minutes of Meeting of October 20, 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; Dale Donovan, Chairman of the Board of Selectmen and past Water Commissioner; Tim Smith, Town Administrator
Chairman Mark Berry called the meeting to order at 5 p.m.
Charter Review
The Board discussed the Charter Review Committee’s response to its suggested Charter changes regarding the Board of Water Commissioners. Proposed Charter Section 8-8-8 requires a Master Plan to be prepared and maintained by the BWC. Any Master Plan and subsequent changes would require Town Meeting approval. This came before the Charter Review Committee for the first time last Monday (10/17/2005). The consensus of the BWC was that the proposed charter section 8 – 8 – 8 was a good idea but that it did not belong in the Town Charter. Some of the reasons were:
a) The charter is a far-reaching document and we expect that at some time in the future that no further water system expansion will be needed and thus, a Master Plan would not be applicable.
b) BWC feel that planning for the Town’s future water needs is part of their responsibilities. Yet, the volunteer members of the BWC do not have the expertise to prepare such a Master Plan for future expansion. Professional assistance is required. The BWC should have the right to seek assistance, as needed from other sources. This proposed charter section does not seem to allow this.
c) BWC feel that the proposed Charter section will be needlessly time consuming because of the requirement to obtain Town Meeting approval for any change or new Plan. The BWC should be able to change and adapt the Master Plan as currently unknown events occur in the future and requirements change. Much time will be lost preparing and waiting for a Town Meeting to occur. Of course, when the BOS & BWC decide to actually implement (rather than plan) the Master Plan (or some portion), Town Meeting approval will be required.
Jean Schaefer said she would prepare a letter to Ben Gitlow, Chairman of the Charter Review Committee, requesting removal of 8-8-8 and explaining BWC reasons for this.
Eric Mitchell made a motion to strike Charter Section 8-8-4, which provides that the BWC will direct the DPW through TA in matters related to the Town’s water systems. Lyn Hiller seconded the motion. Discussion followed. Mitchell said the language is not clear. Town Administrator Tim Smith said it was unworkable for him to report to two boards; the
language in 8-8-4 implied too much, he said. Dale Donovan said the whole Charter would need to be restructured if the 8-8-4 language was accepted. He felt that the BWC and the Selectmen don’t need the Charter structure to make things happen; they just need to work cooperatively. Tim Smith pointed to an underlying problem in the original petition to form a separate BWC. Because it hadn’t gone to Town Counsel then, a number of inconsistencies exist. The motion to strike 8-8-4 was brought to a vote. The motion failed to pass 2-3, with Schaefer, Berry and Barocas voting against.
Role of the BWC
A lengthy discussion of the BWC’s role ensued taking into consideration: the validity of every decision of the old BWC, Town Counsel’s opinion, waiting for Charter revision, cooperation between the BOS and BWC, appeal process for water hook-up decisions, the DPW’s role, heading towards the formation of a Water Department, the existing water systems, phases of development, DEP guidelines, communication between the Town Administrator and BWC. Jean Schaefer made a motion to move on with the meeting’s agenda. Mitchell seconded. The motion to move on carried 5-0.
Contract
Town Administrator Tim Smith presented background on the Coles Neck Water System, originally run by the DPW, with an outside contract with Whitewater. Once the extension was done, the Town planned to hire a water person but has been unable to find anyone qualified for the position. Even though DPW personnel are studying to become licensed to run the system, DEP requires a licensed contractor now. Smith sought an amendment to the current contract with EPG (Environmental Partner’s Group). The amendment requires EPG to prepare a bidding package for public distribution asking for bids from outside contractors to operate the town water systems. They will also evaluate applicants and make recommendations. Their compensation of $8,000 will be paid as the last expenditure out of the 1.45 million dollars
already approved by Town meeting. TA Tim Smith estimates the annual cost to operate the WMWS and other town water systems will be between $70,000 and $80,000; although a lower bid is possible.
Erik Mitchell made a motion to approve the amendment. Lyn Hiller seconded. In the discussion that followed, Jean Schaefer asked that the wording for Task 4 read “Awarding Authority.” . Hiller asked about the additional tasks in Task 1 and Schaefer asked about the scope of the work. Smith said the work included comfort stations and any Town water systems. Mark Berry asked that the BWC be informed of the bidding results. Smith promised to show the RFP and list of bidders. Berry also asked for the time frame. Smith said it should be by spring because DEP has to sign off on almost everything. Schaefer asked if Town Meeting needed to approve the annual expenditure for an outside contractor to operate the water systems, but Smith said that is was included in the
original article (Art 5, ATM 4/26/04) to hire an additional DPW employee for $50,000/year. However, there will be a salary line transfer of funds at Special Town Meeting. The motion to approve the contract amendment carried 5-0.
Smith distributed copies of his original question to Town Counsel John Giorgio regarding the April 2005 Town Meeting vote to form a separate Board of Water Commissioners. He also handed out a copy of the 8/16/05 proposal from Whitewater concerning Certified Water Operator Services to Mark Vincent, DPW Director which outlined the services to be provided and the estimated cost of those services. Smith also stated that DEP will be involved and that they will assist the Town as long as they see progress.
Meeting Schedule
Dale Donovan said that Jacqui Wilde Beebe, director of the Wellfleet Senior Center and member of the Health Care Taskforce want to meet with the BWC soon. The Task Force wants to expand the use of the Senior Center property and the expansion will require municipal water. He also said that the BOS will be meeting with the BOH (Board of Health) and that the BWC could join that meeting, as the BOH has many concerns that relate to drinking water. The Planning Board have concerns as they relate to drinking water and zoning issues. The BOS is willing to meet with the BWC to discuss any topic the BWC wants to talk about. Several of the BWC members felt that the duties of the BWC need to be clarified and operating procedures between the BOS, TA and BWC need to be defined. Jean Schaefer will prepare an agenda for
the BOS-BWC meeting. Donovan asked that she send a letter to the BOS with the agenda that the BWC wished to discuss.
Questions for Town Counsel & BWC Responsibilities
Erik Mitchell made a motion to strike agenda item 3 (Questions for Town Counsel re: duties & responsibilities) & item 4 (Letter to BOS & TA requesting work session re procedures & division of responsibility. There was no second to the motion. Selectwoman Helen Wilson, on a point of order, said the BWC’s vote on the contract amendment just validated their power as a decision making body. She said that other amendments went to the former BWC for signatures. She added that people could come to BWC meetings to find out about water issues. Barocas said that the BOS vote to send the contract amendment to the BWC for approval set something in motion and formed a precedent for a way of functioning until Charter revisions take place.
(Committee Secretary Mary Rogers left the meeting at 6:50 p.m. BWC secretary Jean Schaefer assumed responsibility for the minutes of the meeting.)
Discussion continued primarily concerning the lack of consensus about the duties, responsibilities of the newly appointed BWC and the need for operating procedures between the BOS, TA and BWC.
Berry will invite the BOS to the BWC meeting of November 17, 2005.
No further motions were made and the meeting adjourned at approximately 7:45 pm.
_______________________ _____________________
Mary Rogers, Committee Secretary Mark Berry, Chairman
& _____________________ Date
______________________________
Jean Schaefer, BWC Secretary
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