Sewer Commissioner’s MinutesJanuary 19, 2016

TA Guerino

Selectmen

Don Pickard, Chairman

Stephen Mealy, Vice-Chairman

Michael Blanton

Don Ellis

Peter Meier

Note this meeting is being televised and recorded. If anyone in the audience is recording or videotaping, they need to acknowledge such at this time – Michael Rausch Bourne Enterprise

All items within the meeting agenda are subject to deliberation and vote(s) by the Board of Sewer Commissioners.

Meeting Called to Order

Chm. Pickard called the meeting to order at 6:15 pm.

1) Public Comment

None requested

2) Report of the Wastewater Advisory Committee

a. Update on WWAC work

b. Update and acceptance on proposed Waste Water Treatment Facility on

conceptional plans and cost.

c. Update regarding proposed development on 25 Perry Avenue

Mr. Ewell brought the committee up to date on the Waste Water Treatment Plan. The long-range part of that plan involved creating a regional solution for the towns of Wareham, Plymouth, and Mass Maritime Academy. We asked you to endorse an application by the Buzzards Bay Coalition for an EPA grant. The plan is the town of Wareham’s Waste Water Treatment Plant will be upgraded and expanded to handle a much greater capacity from Bourne.Right now the plan has a design capacity to handle about 2 million gallon a day, it is operating at about 1.6 million. The plan would be to create a new outfall into the canal that would run from the plant along the railroad right of way. The town of Marion has joined in; they have a small neighborhood on the Wareham border that is impractical for them to reach. The long-range plan will take at least a decade to get it permitted, possibly longer to get it build. It will be done in stages. The first stage will be the outfall at which point the Maritime Academy would tie in. The second part of the plan was to do something to increase the wastewater capacity in Buzzards Bay, in the interim. To do that, we have proposed to install a temporary facility, a package treatment plant. This is a factory made unit that is a 100,000-gallon per day unit. It would be 11 ft. by 11 ft. by about 80 ft. long. It would go into a building that we will construct. We already have approval from Mass DEP to discharge subsurface discharge for up to 335,000 gallons per day. We are only proposing to use 100,000 gallons per day; that would allow us to replace the subsurface leaching field. The engineers at Weston & Sampson tell us that about 1/3 of the site at Queen Sewell Park, the ground water drains directly into the canal; the northwestern 2/3 drains into Buttermilk Bay and Cohasset Narrows. We proposed with the 100,000-gallon per day plant to place the subdivision disposal area entirely within the area that drains towards the canal, so we wouldn’t be adding nutrients to Buttermilk Bay situation.

The northwestern half of the site has not changed at all. The leaching field area will be at the level of the existing tennis court. That area will be graded out and there is enough room to put a regulation size ball field and a 50-car parking lot. All of that would be accessed entirely from Armory Road. The building itself with the treatment facility in it would be put in the corner of the property next to the Armory. We are ready to sign an extension on the contract with Weston & Sampson to do the engineering and the permitting. Mr. Ewellstated he is working on the environmental notification form. We expect to have that work done by April. Once the engineering is done they apply for a permit, we have to go through the MEPA process, and that will probably be a six-month process. We expect by this fall we would be in a position where we would have the permit in hand by the end of this year. At that point we can order the material, order the package plant; the package plant takes about 6-8 weeks to build. That could be done during the construction season of 2017.If all goes well we could have this up and operating by the end of 2017. We are looking at around $180,000 for the engineering and permitting. The purchase of the treatment facility, the construction, and installation will be around 3 million dollars. There are several programs we will go after for that. There is a state grant program that could pay for the whole thing; that is our first choice. That is the infrastructure grant. There are also two to the state lending programs where the state will issue bonds. We would work out an arrangement with the users of the facility to do a district improvement funding program where they would pay off the bonds over a 20-25 year period. It appears we will be able to do this whole thing without going to town meeting to ask for money.We are asking you for your continued endorsement of our work so we can keep going.

Peter Meierquestioned if the maximum capacity is 100,000 or can we expand this in the future?Mr. Ewell stated the site has been approved for up to 335,000 gallons. The 100,000 gallons is the type of treatment facility we are looking for. If we were to go above that we would need to bring in a second package plant, which would cost more money, but yes we could expand it if we needed to.

Michael Blanton questioned the infrastructure grant; he wanted background on that grant.

Mr. Ewell stated he met last fall with several people at the Cape Cod Commission, they said we would have a very good chance of getting it once we got the engineering and permitting in place; the catch is you have to use it the year you get it.It would probably be essential to look into the Community Compact, a new program the governor has put into place. It requires some obligation from the town to pursue best practices in a certain area.

Tom Guerino stated we have had initial discussion with the commonwealth relative to the compact. Would looked at the economical piece and the other would be the financial management, with the new policies.

Don Pickard wanted to clarify you are looking for us, as a board, to provide direction on whether or not to proceed and give an endorsement for the work and ask you to continue in this manner.

VotedPeter Meiermoved and seconded by Stephen Mealytoprovide direction on whether or not to proceed and give an endorsement for the work and ask you to continue in this manner.

Stephen Mealy wanted to thank Mr.Ewell and Sally for the work they have done to get us this far.

Tom Guerino stated on the additional funding we need for Weston and Sampson for the engineering, Sally has submitted on the town’s behalf a DLTA grant to the county for the additional $70,000 we are looking for.

Jim Mulvey questioned Mr. Ewell is there an estimated total gallonage from a developed down town, Is there some idea of what we will need? There would be some major pipelines that would need to be installed on Main Street to get up to Queen Sewell Park. There would be some roadway and private property involvement and costs. Would there be any betterment fees for the properties that these lines go by? Would we use our existing pipelinefor part of our sewerage to go to Wareham for treatment and then the treated effluent come back; would that mean two pipelines from Wareham to here?

Mr. Ewellstated the 335,000 gallon is what we asked for. The site would handle a lot more. That number came from a study that was done by an engineering firm and the collaboration with the Cape Cod Commission, which is based upon practical build out. For the pump station there would have to be a new lift station installed. Very little new piping is involved in the short-term arrangement. There would be a new pipe that would go from Main Street through this property up to the Queen Sewell Park area. The downtown is already sewered so there would not be a need for additional sewerage piping except where it is already needed. By taping in and bringing part of the existing flow to the new facility has two benefits. One is that it allows the new plant to be operating efficiently immediately; that would free up capacity at the other end of Main Street for the flow that is going to Wareham to handle the proposed development at that end of Main Street.As far as the flow on the long-range plan coming back to the canal, the proposal is to run that pipe along the railroad right of way.

Michael Blanton questioned would the total build out, the gallonage required, be 335,000 per day? MrEwell stated plus what we already have.

Mr. Ewell stated there wouldn’t be new piping other than what would have to be done anyway so there would be no betterments.

Vote: 5-0

Update regarding proposed development on 25 Perry Avenue

Leonard Bello, Attorney for Ryan Carrier and the entities involved in purchasing the property know as 0 Main Street and 21 Perry Ave.

Mr. Bello gave an update for what has been going on with the P&S and the sellers not showing up at the closing.There was a certain allotment set aside for this project.

We did all that we were asked to do, we had everything in place, we had a closing schedule, we had people attend the closing, but the sellers ran into a problem. The six family members involved each own a portion of the property. They each signed a P&S and in a matter of days before the closing we were advised there was some discord between the family members, and one of the family members decided not to go forward with the sale, so the sellers did not appear at the closing.

The sellers are represented by Attorney Sheldon Friedland; he is represented here by his partner Mr. Youman. Our goal is not to go into lawsuit mode. We want to see a commitment on the sewerage to continue, because if it is not continuing then we have no alternative but to be in full lawsuit mode.

Mr. Pickard questioned what the potential lawsuit would be, would that be with the sellers?

Mr. Bello stated the potential lawsuit would be with the sellers; they are in default. If we lose the commitment of this board and the allotment of sewerage then we lose our commitment with our hotel folks and the others we have been working with.

Michael Blanton questioned would the lawsuit be for specific performances?Mr. Bello stated there are a number of different contract damages that can become available, specific performance is one. I would have to weigh out specific performance with sewerage or specific performance without sewerage.

Don Ellis stated with the slow movement of the law you have to look at our predicament, we have two other huge projects waiting because they want that gallonage. Do you have any idea how long this might take, six month, eight months?

Mr. Bello statedone of the options that are being made to the sellers is to petition the court to partition the property. That would result in a commissioner being appointed who would then convey the property based on the contract that exists now. Once that is in motion it would depend on whether it is met with opposition.

Stephen Mealy questioned if Mr. Bello has a better idea of what the time frame is?

Mr. Bello stated April we’d be in a realistic position to either have this resolved or know where we to stand.

Peter Meier stated we don’t want to have to wait until April and then find out it is going to take longer. We have others who are waiting. We can’t afford to wait.

Mr. Bello stated we have done what you have asked us to do. No one anticipated there would be a problem with one of the sellers. We are ready to go. We have the hotel developer.

Don Pickard stated it was a year ago the developer was granted the 27,883 gallons. That year expired. We were then told the closing was going to be in October, then it was going to be in November, then in November we were told the closing was going to be in January. Prior to this we wanted to see substantial progress made. It has been a year and a half that we have allocated 27,000 plus gallons for this developer and have seen no action.

Mr. AlvanYouman, Attorney, stated at the 11th hour one of the six people refused to sign the deed, so we couldn’t go forward with the closing. They are looking to put a petition to partition the property.

Peter Meier questioned Mr.Youman will you know by March 1st?

Mr. Youman stated he can’t be that specific but by April we should be done.

Don Pickard stated there was a vote taken at our last meeting that gave the developer an extension for six months; we are now at three months. Our comments were that there should be significant progress, not sure that has happened. We have a developer who owns property in another area that may be able to break ground.

Stephen Mealy stated I think we approve to continue through the April date that has been requested, because I think these gentlemen have demonstrated they have done a lot of work and except for the one individual holdout, which they have no control over, but have indicated there is a remedy for that, if given the opportunity can make this a successful undertaking. This board and this town need to demonstrate to all of the developers that we have a responsibility to be able to work with them. By making a decision and saying they have not shown good faith, they have not come forward with a plan and action that they have taken every step they could to make the progress that we have asked for would be saying the town of Bourne may not be a great place to come to because they have been known to switch courses mid-stream. For that reason I would move the board continue on with an extension through April that has been requested. We can pick a time certain that is agreeable to the board and to the developer and give them the final opportunity. If at that time nothing has happened then we have done all that we possibly can.

VotedStephen Mealy moved and seconded by Don Ellis tocontinue with an extension through April.

Tom Guerino stated we will try to schedule that for the last Tuesday in the month.

Michael Blanton stated he supports the continuance but if we don’t see more commitment at that time we will have to look at other options.

Mr. Bello stated we have taken all the steps we can take. The hotel developer’s contract has ben submitted to you; they are on board. We have gone as far as we can. They have the right to petition the court to partition the property. We are trying to fulfill all the obligations.

Peter Meier stated this will be the last extension that I will approve.

Vote 4-1. Don Pickard opposed.

Don Pickard questioned Mr. Correiathere is was a restaurant in the hotel? Mr. Correia stated that is correct. Mr. Pickard questioned why the plans that were submitted to the Fire Chief had no restaurant. Mr. Correia stated those plans were mainly to show how the fire trucks could get around the backside. The restaurant is on the front side of the hotel.Mr. Correia stated there is a restaurant it is going to be part of the hotel, but not in the hotel.

Don Ellis stated in the 27,500 that is set up for the sewerage is the restaurant hooked into that, or is that going to be separate? Mr.Correia stated that is combined. Mr. Ellis questioned if on the submittal it is clear that is what it is?

Mr. Correia stated he has seen a lot of opposition from the board from the beginning; is there a reason we cannot get what we have asked for. We came for a residential development first. Based on this board and other boards they wanted a hotel. I went above and beyond the timeframe I had. Mr. Pickard stated the hotel was because we didn’t have allocation for anything further. Mr. Correia stated he came to the board originally with a 144-unit complex, which would take the allocation. This board and other boards felt that the hotel should be first. I agreed to stop the 144 unit I was pursuing and went to a hotel. Mr. Pickard stated he wasn’t Chairman at that time, but it was his understanding that there wasn’t enough allocation. You stated it was going to be a year and in that first year the only activity we saw was a purchase of a parcel from Falmouth Housing. Then you needed another six month. We have people that are trying to get into town that own the land and are ready to break ground.

Stephen Mealy questioned Mr. Correia if there would be a convenient time between now and April for him to come back and show the board where you are with the plans. You can make an appointment with the Town Administrator. Mr. Correia stated they could do that and the plan is ready to be submitted, we are waiting for the closing to submit the final plan.

3) Update on Wareham

Tom Guerino stated he will defer his report on Wareham until the next meeting.

4) Adjourn

VotedPeter Meier moved and seconded by Michael Blanton to adjourn at 7:17 P.M. Vote 5-0.

Respectfully submitted – Carole Ellis, secretary.

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