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1999-06-08Salem and Beverly Water Supply Board 50 Arlington Avenue Beverly, Massachusetts 01915 Minutes of Meeting June 8, 1999 The meeting was called to order at 10:15 A.M. Present were Chairman Fletcher, Members Bornstein and KiIIilea, Superintendent Knowlton, Attorney Darling and Linda Vaughan, Secretary. Also present were David Lang, Chairman, and Pat Grimes, member, of the Beverly Conservation Commission and Beverly residents Catherine Davis, Toni Musante, Renee M. Mary, John Quigley and Mary Rodrick. The May mintutes were approved on a motion by Mr. Bornstein, second Mr. Killilea, all in favor. Current Expense warrant #23, Payroll warrant #23, and MMDT warrant #31, were signed. No special accounts were presented for signature. Reports from Attorney Darling: Beverly Conservation Commission: As requested by the Board, Attorney Darling had reviewed the two letters dated March 4 and May 24 from the Beverly Conservation Commission concerning the orange staining of the ground which had been observed last winter in the area to the west of the treatment plant. The Board had asked for an opinion concerning the requests made by the Conservation Commission. He advised that the repair and replacement of the berm along the westerly edge of the existing sludge lagoon / drying area was exempt from the jurisdiction of the Wetlands Protection Act by virtue of the exception in the first paragraph of teh Act for work "...in the course of maintaining, repairing or replacing, but not substantially changing or enlarging, an existing lawfully located structure or facility used in the service of the public and used to provide electric, gas, water, telephone, telegraph and other telecommunications services...." Attorney Darling said that the Board's records indicate that the berm has been in its present Iocation since approximately 1935 and that it would fall into the category of an existing structure or facility under this exception. With respect to the requested sampling and testing of the soils in the areas to the west of the berm, it was his understanding that the Board had already planned to undertake the sampling when the level in the reservoir had dropped sufficiently to expose the area. He advised that the Board should proceed with the sampling and testing as planned and make the results available to the Commission and othersi who may be interested. There was discussion. Mr. FIetcher indicated to all those in attendance that the Board was a separate legal entity under the special act of the legislature that created it and had the responsibility to carry out its function as a public water supplier. He emphasized that the water furnished by the Board to the public is continuously monitored and that it meets or exceeds all federal and state requirements. He said that the Board knew of no harmful environmental effects from its operations, but was at the same time, interested in investigating the area where the orange staining had been observed. Mr. Knowlton believed that the stains might have resulted from iron deposits in that area. He also said that the berm would be repaired or replaced as necessary as part of teh Board's maintenance operations. Messrs. Killilea and Bornstein both emphasized that the testing would be performed and made available and that the Board wished to work cooperatively and constructively with the Commission. The following motion was made by Mr. Bornstein, second, Mr. Killilea, all in favor: With respect to the letters of March 4, 1999 and May 24, 1999 from the Beverly Conservation Commission concerning proposed of sampling and testing of soils in connection with the observations of orange staining of the ground in an area of the Board's property Iocated westerly of the filtration plant, the Board directs General Counsel to prepare a response from the Board to the Commission which will include the following points: 1. The Board has stated in the past that it will sample and test the affected area when the water level of the reservoir has dropped sufficiently so that the area can be located accurately. The Board will udnertake this sampling and testing under its own authority and will make the information available to the Commission. 2. The residuals facility has been operated by the Board since approximately 1935 and is an area which is not subject to the Wetlands Protection Act. However, the Board does plan to make further repairis to the berm surrounding the facility this summer as part of its regular maintenance operation. 3. The Board wishes to work cooperatively and constructively with the Conservation Commission in investigating the area where the orange staining was observed and in responding to the public's questions about it. Following the vote, there was a further discussion between Board members, members of the Beverly Conservation Commission, and concerned residents. Topsfield Board of Health (Variance Request by Mr. Tagg) Attorney Darling reported that, as directed by the Board, he had prepared a letter in opposition to the request by Mr. Tagg to the Topsfield Board of Health for a variance from the setback requirements under Title V to allow construction of a septic system closer than 200 feet from a stream tributary to Ihe Putnamville Reservoir. Initially, the applicant did not provide to the Water Board all of the material in support of his request. The matter has been continued by the Board of Health and Attorney Darling has asked Camp Dresser & McKee, Inc. to review the plans and materials submitted with the variance request so that the Water Board may file further information in support of its postition. Report on Quality and Quantity: Mr. Knowlton reported the quality of water is good and the lake will be full as of June 1. Surplus Equipment: A motion was made by Mr. Bornstein, second Mr. Killilea, all iIn favor to declare the Board's 1984 Ford Bronco and 1983 Ford pick-up truck as surplus. New Business: Superintendent Knowlton requested hiring a summer lab assistant to work with the microbiologist and chemist. The applicant is a high school senior from Bevedy with some lab background. On a motion by Mr. Killilea second Mr. Bornstein, all in favor, the Board voted to hire Bethany Tomich, for the summer at $10.00 per hour. The next rneeting of the Salem and Beverly Water Supply Board will be on Tuesday, 2 July 5, 1999 at 10:00 AM. Having no more business to discuss, the Board adjourned at 11:35 AM on a motion by Mr. Bornstein, second. Mr. Killilea, all in favor. Respectfully submitted, Linda J. Vaughan 3