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HomeMy WebLinkAbout2005-05-04 Board of Selectmen Minutes Board of Selectmen Meeting May 4, 2005 For ease of archiving, the order that items appear in these Minutes reflects the order in which the items appeared on the agenda for that meeting, and are not necessarily the order in which any item was taken up by the Board. The meeting convened at 7:32 p.m. in the Town Hall Conference Room, 16 Lowell Street, Reading, Massachusetts. Present were Chairman Richard Schubert, Vice Chairman Camille Anthony, Secretary Joseph Duffy, Selectmen James Bonazoli and Ben Tafoya, Public Works Director Ted McIntire, Water Treatment Plant Supervisor Peter Tassi, Town Manager Peter Hechenbleikner, Paula Schena and the following list of interested parties: Consultant John Gall, Kerry Mackin, Gail and John Wood, Stephen Crook, Richard Moore, Steve Oston, Jamie Maughan,Will Finch, Gina Snyder. Discussion/Action Items Continued Discussion, MVVRA.Water Bum—Chairman Richard Schubert noted that John Gall collected data on water consumption and handed out a tabular sheet and graphic chart. He also noted that the trend is a decline in water use in Reading. The Town Manager reviewed the latest version of the ITA conditions. He noted that we agree with the first condition of using 1 mgd from the Ipswich River from May through October, and to purchase up to 219 mg from MWRA. Consultant John Gall does not agree with Item 1(b) and feels that it should be removed. Vice Chairman Camille Anthony indicated that issue should be under the emergency section. Kerry Mackin, Executive Director of the Ipswich River Watershed Association, noted that the WRC incorporated this to allow the Town to pump more than 1 mgpd from the Ipswich River. The Town Manager asked what happens if the 219 mg are used before October, and Ms. Mackin noted that a Notice of Project Change would have to be filed. The Town Manager indicated that would take years. Chairman Richard Schubert noted that if we are limited to 219 mg, then we would default to the Ipswich River which is our primary source of water. The Town Manager noted that the Town's first proposal was through September. If we get to that point, then we have to institute full restrictions. He requests that this issue be very clear as far as what we do. Ms. Mackin noted that the application is not clear on what action will be taken and this requires follow up action. Public Works Director Ted McIntire noted that he doubts that we would go to the MWRA to purchase more water when we can get it from the basin. There is a 10% charge by MWRA for emergency use. Board of Selectmen Meeting.—Mqy 4, 2005—Page 2 Ms. Mackin noted that there could be a drought and the Ipswich River could be at zero. The Town shouldn't be required to use the Ipswich River. Vice Chairman Camille Anthony noted that the Town could look at the Ipswich River, go to the MWRA, or look at other sources. She also noted that DEP is in charge of the basin, and we can withdraw so many number of gallons from the river. DEP will be looking at the numbers, not the MWRA. Ms. Mackin noted that she can live with us listing our options as long as we don't prioritize them. Chairman Richard Schubert noted that changing the word "shall" to "may" will take care of that issue. Selectman James Bonazoli noted that on Pages 25-29 of last week's packet, that sole source should be changed to primary source. The Town Manager noted that the idea is to average the use over the year but not daily. Ted McIntire indicated that we cannot get precise enough for a 1% variance. Water Treatment Plant Supervisor Peter Tassi indicated that we could do a 5% variance. He noted that the employees have a multitude of duties and do not stand in front of the meter all day. Ms. Mackin noted that she will not go to 5%but will go to 2%. Vice Chairman Camille Anthony noted that we will only be allowed to take 1 mgpd out of the river, and she asked if that would be an average. The Town Manager suggested taking this language out because we file a monthly report with the State. Selectman Ben Tafoya noted that there will be a significant change on the draw on the river, and we will be shifting from a demand base to a supply base. Ms. Mackin noted that she would be happy to delete the sentence beginning "However, infrequent occasions of de minimus......" The Town Manager reviewed Section C which is to define unforeseen isolated emergency. He noted that there could be situations when we are not receiving water from the MWRA, and it is not declared an emergency by the DEP. He recommends ending the sentence after "circumstance"and begin the next sentence at"Unforeseen..." Ted McIntire noted that drought is one of the conditions that DEP issues conditions. The Town Manager noted that #2 deals with stream flow and triggers, and noted that Kerry Mackin rewrote the entire section. The beginning of#2 is editorial and should begin with "In order to ensure...." Ms. Mackin indicated that she does not agree with the purpose. Chairman Richard Schubert noted that why we are doing this and what we are doing are two different pieces. Ms. Mackin suggested eliminating all purposes up to "Town shall amend..." The Town Manager noted that we have to leave in the language that the Water Resources Commission puts in. Board of Selectmen Meeting—May 4, 2005—Page 3 Chairman Richard Schubert asked how the community would be notified of water restrictions. The Town Manager noted that there is reverse 911, cable,newspapers, etc. Vice Chairman Camille Anthony asked what the other communities do. Ted McIntire noted that all of the permits are under appeal. None of the other communities are decreasing their draw on the Ipswich River by 1 mgpd. Gail Wood noted that she has a problem with Kerry Mackin's calculations based on previous water use, and that we'll be taking 60% less water so the calculations have to be redone. She also noted that the reason Wilmington has stopped pumping some wells is because their wells are polluted. She feels that the restrictions will not help the basin because the water is coming from the MWRA, not the basin. She indicated that if the residents will have to pay 5%more for water and we tell them they can't use the water, then a hearing should be held before deciding to go forward with this. Vice Chairman Camille Anthony asked who is the largest withdrawer from the Ipswich River. Ms. Mackin noted that Salem/Beverly. are the largest, but are restricted not to pump from the river in the Summertime. She also noted that Lynn and Peabody are not allowed to pump in the Summertime. Vice Chairman Camille Anthony noted that these are big communities that are siphoning off the water during the Winter. The Town Manager noted that Section 2A is trying to micro-manage the Town's water restrictions. Going by that in August during 95% of the time, we will only be able to water I outside four hours, one day per week. John Gall and Kerry Mackin discussed the trends in water use, and how her calculations would have affected the Town's use. Selectman James Bonazoli asked where the water gauge is located, and Ms. Mackin indicated that it is located in Middleton. Selectman Ben Tafoya asked how many stages we needed, and suggested keeping it at three stages to keep it simple. Chairman Richard Schubert noted that we have compliance with a simple system. The Town Manager noted that the more restrictive we.are, the more people will drill wells and we can't put restrictions on private wells. Jamie Maughan noted that the outdoor water use restrictions are enforced because you can see it when the residents are violating them. Vice Chairman Camille Anthony noted that if we go with what Kerry Mackin proposes, then we will go all Summer with one day to water per week, and the community will want to know why _ we did this. Board of Selectmen Meeting—May 4, 2005—Page 4 Peter Tassi noted that according to the Mass. General Laws, we have a right to the water in the Ipswich River Basin and we shouldn't give it up. The Town Manager noted that the Town is doing this because it is the right thing to do. If the DEP puts restrictions on water usage, it won't be more severe than what we have now. He also noted,that the Water Resources Commission wants the Board of Selectmen's direction tonight. Vice Chairman Camille Anthony noted that this is a huge shift in policy, and suggested a position paper. The Town Manager noted that the Water Resources Commission will issue a permit, and the Town can then decide if they want to move forward with it. John Wood, member of the Water, Sewer and Storm Water Advisory Committee, noted that the Town should not accept Kerry Mackin's suggested restrictions before the appeals are heard in court. He also noted that the Town is working to reduce water usage, and is historically low in per capita use. He suggests moving forward with what staff has recommended. Ted McIntire noted that whatever is in the application will be a requirement for the Town. We had committed to stricter restrictions in the original application that had an end date of September. Selectman Ben Tafoya suggested taking a joint position and accept the restrictions because the Water Resources Commission will want some level of restrictions. Chairman Richard Schubert noted that the Board of Selectmen sets policy for the Town and this will take their power away. Vice Chairman Camille Anthony noted that it is not in the best interest of the Town to move forward with the current contract. This is a water policy decision for the rest of our life and not a path we want to take. Selectman Joseph Duffy noted that he could go along with hand held watering daily and one day of sprinkler. He feels that we need to save the river and keep costs down. Selectman James Bonazoli noted that he feels there should be triggers in the contract. The Town Manager noted that the concern is to have as much flexibility, and the Water Resources Commission's concern is for us to make 2.9 mg last through the end of October. Selectman Ben Tafoya noted that he can live with restrictions if that's what it takes to get us over the hill. Vice Chairman Camille Anthony noted that she is not against restrictions, she just wants to keep the control. Richard Moore, member of the Water, Sewer and Storm Water Advisory Committee, noted that if the restrictions are put in the contract and the Town wants to change them, then all of the Commissions would have to approve it again. Board of Selectmen Meeting—May 4, 2005—Page 5 Steve Oston, member of the Water, Sewer and Storm Water Advisory Committee, suggested noting if the stream flow is low, then we will enforce, stricter restrictions. Ted McIntire noted that was our original proposal. The Town Manager rioted that there were two triggers - one would reduce outdoor water use hours by 25%, and the other would reduce the hours by 50%. Ms. Mackin noted that based on tonight, she will not accept the situation with the Town having all of the control. She indicated that she will win in court. She is willing to look at specifics but will not go to three days per week. She suggested putting a reopener clause in the contract. The Town Manager indicated that he will utilize the Water Resource Draft with the modifications approved tonight. A motion by Anthony seconded by Duffy to adiourn the meeting of May 4, 2005 at 11:25 p.m. was approved by a vote of 5-0-0. Respectfully su ed, retary