Town of Harwich Massachusetts - Minutes

SELECTMEN’S MEETING

GRIFFIN ROOM, TOWN HALL

MONDAY, MARCH 27, 2006

SELECTMEN PRESENT: Cole, Howell, McManus, Piekarski, Wilkins

SELECTMEN ABSENT: None

OTHERS PRESENT: Town Administrator Wayne Melville, Assistant Town Administrator René Read, Chief Remillard, Carolyn Carey, Jill Mason, Tom Leach, David Ryan, Ray Jefferson, Paul Donovan, Geoff Wiegman, Robinson Lee, Bruce Gibson, Larry Ballantine, Steve Harris, George Cavanaugh and others.

MEETING CALLED TO ORDER at 6:30 p.m. by Chairman McManus.

INTERVIEWS WITH EXECUTIVE SEARCH FIRMS

The Board interviewed the following search firms for the recruitment of a new Town Administrator:

A. MMA Consulting Group, Inc.

B. Groux and Associates

C. Bennett Yarger Associates

Mr. Howell moved to move the discussion with Town Counsel regarding job description to the next position on the agenda. Mr. Piekarski seconded the motion and so voted.

OLD UNFINISHED BUSINESS

A. Discussion with Town Counsel concerning job description for Town Administrator position

Ms. St. André advised the Board that there is nothing in the Charter that specifically talks about evaluations for the Police Chief, Fire Chief or others appointed by the Board although it is common to have evaluations of the Town Administrator and in most towns there is a policy for this although it may not be in the charter. She stated that the evaluations are a little more informal for the Chiefs in most towns, sometimes with input from a Town Manager or Administrator. Mr. Cole pointed out that the language in Chapter 5, Section 1 of the Charter is clear that the Police and Fire Departments report to the Town Administrator. Ms. St. André agreed and added that there are other provisions that lend credence to that as well including provisions under the Town Administrator section that refer to him as Chief Administrative Officer and a provision that says the Board cannot deal directly with Town employees. She stated that the framework is to have the Town Administrator as the chief administrator but that does not mean he is running these departments on a day-to-day basis. She stated that in terms of things such as budget review and policy direction, clearly that would have to come through the Town Administrator and she told the Board to keep in mind there are numerous statutes that outline the duties and responsibilities of the Police and Fire Chiefs.

She summarized the Strong Chief provision of State law which has to do with the day-to-day administration of the department. She explained that under this law the Police Chief has the ability to make rules and regulations without approval by the Board of Selectmen and under the Weak Chief law he needs the approval of the Board.

Ms. St. André advised that if there is a contract stating that the Board will perform an evaluation for the Police or Fire Chief, then the Board should do so but this does not mean that the Town Administrator is stripped of that authority and may do one as well. Mr. Wilkins stated that the Charter is very clear on the job description of the Town Administrator and includes the language “perform such other duties as may be required by this Charter, by-law or vote of the Board of Selectmen.” He asked if they can add items to the contract language which refer to performance expectations and Ms. St. André responded they could as long as they are consistent with the Charter, by-laws and State laws.

Mr. Melville asked with this Charter language what is the impact of the Town Administrator on the use of Special Police Officers, use of Call Firefighters and joint dispatch. Ms. St. André responded that the issue of joint dispatch is under the purview of the Town Administrator, the use of Call Firefighters would be under the Fire Chief, and Special Police Officers would be under the Police Chief.

Ms. St. André described the differences between a Town Manager and a Town Administrator. She stated that there are Town Administrators who function as Town Managers and if that is the case, they are essentially a Town Manager. She stated that a Town Administrator traditionally is not as much as a policy setting position as a Town Manager. She stated that she has spoken to the Assistant Attorney General on this issue and he pointed out that a Town Manager can usually appoint people without any oversight of the Board of Selectmen. She explained that under our Charter the Town Administrator has appointing authority but for department heads it requires Board of Selectmen approval and the Board can even overturn appointments made by the Town Administrator within 15 days. Ms. St. André stated that Harwich certainly has a strong Town Administrator. She explained that there is no formal distinction between the two positions but there is a reference to Town Administrator under State statute and there is no definition of Town Manager under State statute. She stated that the functions are basically set by Charter.

WEEKLY BRIEFING TIME

Carolyn Carey reported that the after-prom party at the Community Center is this Friday and will be an all night affair. She thanked Mr. Melville and expressed her appreciation for all he has done for the Community Center. Jill Mason thanked Mr. Melville for all his years of service and characterized his departure as a terrific loss for the Town.

TOP OF THE AGENDA

A. Resolution regarding the Town Administrator, Wayne C. Melville

Chairman McManus read the attached proclamation on the departure of Mr. Melville after 18 years of service to the Town as Town Administrator after which Mr. Melville received a standing ovation from the audience.

OPEN FORUM FOR THE GENERAL PUBLIC

Steve Harris thanked the Police and Fire Departments for their service to him on a recent medical call and thanked all those who have helped his family during his recent illness. He made reference to the Town’s use of his property by virtue of a water main running under his property and expressed his displeasure that this has gone on for so many years. He requested a list of addresses of customers who have received water from that main during the past 20 years as well as what they have paid claiming that the money is his. He stated that he expects the Highway Department to move the road and if they don’t he stated he will reclaim his property and tap into the main. Mr. Harris stated that he expects compensation by Town Meeting.

Bruce Gibson thanked all those who participated in Harwich Civic Spirit Day and suggested holding a less formal one in the fall.

REPORT OF THE TOWN ADMINISTRATOR

I. I have attached a memo to my report in which I am advising the Board of Selectmen that I have withdrawn my proposals to reorganize the financial and permitting departments of the Town. I was surprised to read in Mr. Wilkins suggested actions steps which he handed out at a recent Board of Selectmen meeting that he is now suggesting revisiting two of the reorganizations that I presented to the Board last summer. While I still consider these proposals to have considerable merit, I am withdrawing them because I will not be the Town Administrator by the time these proposals are considered by the Board. Since only the Town Administrator can propose reorganization of departments which he or she oversees, I believe that it would be unfair to restructure the town government prior to a new Town Administrator taking office. I hope you will concur with my position.

II. I have attached a recent e-mail from Town Planner Susan Leven in which she advises me that Judge Nickerson has denied the Town’s motion relative to Town of Harwich v. Crowell, and Crowell v. Town of Harwich and it is likely that the matter will have to go to trial.

Since this is a matter in which the town interest transcends the Planning Board, I recommend that with the Planning Board, you arrange to meet with Town Counsel in Executive Session for a more thorough update.

III. The Annual and Special Town Meeting Warrants, including the Ballot have now been shipped to the printer and will be ready at least 2 weeks prior to the Town Meeting. I have also completed the collective bargaining memo and briefing with Town Counsel as I promised the Board. I am working on the following tasks which I hope to complete this week:

1. Budget Motion – this motion is likely to be more than one full page in length because it must identify all of the various funding sources that go into supporting the operating budget of the town. The matter is more complex because Town Counsel will recognize the Finance Committee for a positive motion and to the degree that the Board and the Finance Committee differ, the Board will be forced to amend the positive motion by the Finance Committee. I will leave you with a budget motion based upon your most recent vote of the budget. However, changes are likely to occur, particularly after a meeting with the Finance Committee and someone will have to keep track of the budget changes, which will need to be reflected in the final budget motion.

2. Article motions in general – the responsibility to prepare and review motions over the past decade has been left to the Town Administrator. As with the budget motion, I will prepare motions for the Board based upon the positions that you have voted prior to my departure. There are certain to be changes. In the case of the budget motion and the article motions, I will send those I have prepared to Town Counsel. I encourage the Board to take your final votes early enough so that Town Counsel can draft or amend any necessary motions to reflect your last position. The secret here is to prepare the non controversial where both the Finance Committee and the Board of Selectmen agree, weeks ahead of Town Meeting and to focus on the 10 – 15 articles where there maybe disagreement or even a dispute on the Town Meeting floor to be prepared with the assistance of Town Counsel. Barbara Saint Andre will be more than happy to assist the Board with this matter. She does need adequate time to prepare and review these motions and you should not expect her to be able to prepare 100 motions the day before Town Meeting.

3. Budget Changes – the reorganization of various clerical positions among the permit granting departments, raises for the contract employees, and certain other changes that the Board supports, but has not yet voted, will need to be incorporated into the operating budget. I will prepare a spread sheet for you to be voted at a later time. Once again, these changes will need to be tracked over the remaining month prior to the Town Meeting and ultimately incorporated into the budget and the budget motion.

4. Vehicle Inventory – As you know, I had a great deal of difficulty getting vehicle information and incorporating it into an amended vehicle replacement plan, largely due to the fact that we did not have a vehicle replacement policy in place and the departmental views of when their vehicles ought to be replaced are therefore not based upon any standard. I also had a great deal of trouble with data transmission which corrupted the database that I have been using over the past few years. I will have a completed vehicle schedule for the Board and the Finance Committee before I leave for Manchester.

5. Insurance Renewal – usually the insurance renewal takes place in May and June. With the knowledge that I am leaving for Manchester, the Insurance Committee and our agent Paul Silva have produced approximately 25 pages of forms and schedules and information that must be completed for the insurance renewal. With the help of numerous department heads, it is my intention to complete the insurance renewal for FY 2007 if possible and if not, to leave a detailed list of what remains to be accomplished to complete the renewal.

It is my intention to leave my new office phone number with René, Ann and Sandy, and I will do whatever I can, either from Manchester or from Harwich on the weekends.

I should also note that the Finance Committee has come to depend upon me for review of the motions on their articles as well. I recommend that their motions be shipped to Barbara Saint André for review at the earliest possible date, similar to my recommendation for Board of Selectmen motions.

IV. It has been a pleasure to work in the Town of Harwich for the past 18 years. This community has become part of who I am and will continue to be my home.

With regard to Item II, Mr. Piekarski recommended holding an Executive Session with the Planning Board prior to meeting with Town Counsel to hammer out any questions. Chairman McManus said he would have to check on everyone’s availability.

A. Review of the Harbor Management Plan

Mr. Read provided a report of proposed Harbor Management Plan revisions, a letter from the Waterways Commission with recommendations for changes in regulations and fees for D permit holders, and opinion from Town Counsel on the proposed plan revisions. Mr. Read asked the Board to allow the Waterways Commission to conclude their review of Town Counsel’s opinion on alternatives to the 10% transfer fee proposal and noted that it will not affect fees. He pointed out that the Waterways Commission will be meeting on April 18^th. Tom Leach and Paul Donovan answered questions from the Board.

Mr. Gibson noted an error in the proposed changes to the Harbor Management Plan with regard to boat footage and Mr. Leach responded that the “19’ and under” classification should be “under 20 feet.”

Mr. Howell moved to table until next year the D permits. The motion was not seconded. Larry Ballantine requested that the Board give special consideration to the ferry as it is a great asset to the Town. Mr. Howell commented that this would impact the business plan of the ferry and should have been taken care of in November or December.

Mr. Donovan, owner and operator of the Golden Eagle, asked what they are tabling and Chairman McManus noted they are only dealing with the first and fourth motions which pertain to dockage rates excluding the ferry and the offloading permit fees. Mr. Donovan spoke with regard to the offloading permit fees noting that the increase from $3.00 a person to $12.50 foot is a 400% increase for him and he doesn’t agree with that. Mr. Leach explained that they are bringing fees into line with what the commercial fishing vessels are paying that are not attached to a slip and it also balances with all the charter boats in the fleet. Murray Johnson stated that he has spoken to Alan McMullen about the fee increase so he is well aware of it although he is not happy. He added that the dockage rate for commercial vessels has gone up in steps.

Chairman McManus closed the public hearing.

Mr. Howell moved to table the rates relative to the D permits until the next cycle of consideration which should be in the fall with a culmination of a published rate no later than December 31^st. Mr. Piekarski seconded the motion. Mr. Cole abstained from the vote. The motion carried by a 4-0-1 vote.

Mr. Howell moved upon the recommendation of the Assistant Town Administrator to adopt all the proposals for amending the Harbor Management Plan including a change in Section 3.2 for it to read “under 20 feet” instead of “19 feet and under.” Mr. Cole seconded the motion and so voted.

A. Discussion pertaining to the review of Mooring Servicing Agent applications, making related appointments and review of fees

Mr. Read read the following memo to the Board:

Pursuant to the requirements set forth in the Harbor Management Plan, each of the Mooring Servicing Agents (MSA’s) noted below applied for, and was subsequently awarded, a three (3) year assignment which must be renewed annually by the Board of Selectmen. I have discussed our current assignments with the Harbormaster and we recommend that the following assignments be renewed by the Board:

Pleasant Bay: Chatham Mooring Services

Herring River: Cross Rip Ocean Services

Allen Harbor: Allen Harbor Marine Service

Wychmere Harbor: Harwich Port Boat Yard

Additionally, one of the firms, Cross Rip Ocean Services, is proposing a change in their current rates to the proposed fee structure. The result of this new fee structure will provide parity amongst each of the MSA’s. The Harbor Management Plan states that “The Town of Harwich Harbormaster retains authority to manage all mooring activities, permits, inspections and fees, even where a Mooring Servicing Agent has primary responsibility and liability for management of a Mooring Servicing Field” and as such, the Harbormaster will be reviewing the new fee structure with Cross Rip Ocean Services.

Mr. Piekarski moved to approve the mooring servicing agent assignments and related fee request. Mr. Howell seconded the motion and so voted.

B. Discussion pertaining to Barnstable County retirement policy

Chairman McManus noted that Mr. Zeigler had asked that this be placed on their agenda. Mr. Zeigler explained that when he was first elected to the Board he received a packet from the Barnstable County Retirement Association giving him the ability to vest in their retirement system under Massachusetts General Law. He stated that when he was about to turn age 55 he went to the County and was advised that under Chapter 32, Section 13 of MGL minimum annual retirement benefit had to be at least $360 and because he made so little as a Selectmen he would not be eligible and he would not be able to take a lump sum and retire either. She advised him that it is a town issue and it is up to the Selectmen to decide. Mr. Zeigler stated that he has done considerable research and has learned that all elected officials who have vested in the system are eligible under the section of vesting in the Massachusetts Public Retirement Guide. He asked the Board to consider taking a vote to send a letter to the Barnstable County Retirement Board meaning to recognize that all elected officials in the Town of Harwich who are paid a minimum of $200 a year and who serve 2 elected terms or 6 years are vested in the Barnstable County Retirement System and therefore are eligible to take payment in a lump sum from the Barnstable County Retirement System and they are considered retired from the system.

Mr. Howell stated that Mr. Zeigler’s information is accurate and he pointed out that they put money in the system in good faith because that is what they were told they should do. Dorothy Parkhurst, Treasurer/Tax Collector, stated that in her opinion there is absolutely no choice on this. She stated that our elected officials are vested after 6 years by law and they are our retirees and we have to offer this. She stated that she gave them the packages when they were elected that were provided by the County. Ms. Parkhurst emphasized that the key word is vested, which means they are entitled by law.

Mr. Wilkins moved to accept Mr. Zeigler’s recommendation and Mr. Cole seconded the motion. Mr. Howell abstained from the vote. Mr. Melville pointed out that the letter they have is not what Mr. Zeigler is asking for and Mr. Wilkins agreed to amend his motion to send a letter to be crafted between Mr. Melville and Mr. Zeigler for the Board’s approval. Mr. Piekarski stated that he would not support continuing this benefit for future elected officials. The motion carried by a 4-0-1 vote.

B. Discussion pertaining to draft Police Building Committee charge

Mr. Howell stated that he had several changes for consideration and the Board agreed to bring this item back at a later date.

BUDGET/WARRANT REVIEW

A. Vote Special Town Meeting Warrant

Mr. Piekarski moved to approve the Special Town Meeting warrant. Mr. Howell seconded the motion and so voted.

B. Town Meeting Spending Plan

Mr. Melville provided information to the Board and cited the differences in the votes of the Finance Committee and Board of Selectmen. He recommended that the Board meet with the Finance Committee to reconcile these differences and the Board agreed to set up a meeting on April 10.

Mr. Howell moved to grant the following license. Mr. Piekarski seconded the motion and so voted.

Sundae School, Inc. Common Victualler

606 Route 28, Harwich Port Weekday Entertainment -

Nickelodeon – 11:00 a.m. – 11:00 p.m.

Noise level not to exceed licensed premises.

Mr. Cole moved to appoint George Myers to serve on the Water Quality Task Force to an indefinite term. Mr. Howell seconded the motion and so voted.

Executive Session Minutes – February 28, 2006

Regular Session Minutes – February 21, 2006

Mr. Howell moved to approve the Executive Session minutes of February 28, 2006. Mr. Piekarski seconded the motion and so voted.

Mr. Howell asked to hold on the minutes of February 21, 2006 as he needed to add to them.

Chairman McManus adjourned the meeting at 10:25 p.m.

Respectfully submitted,