MINUTES
SELECTMEN’S MEETING
GRIFFIN ROOM, TOWN HALL
MONDAY, DECEMBER 18, 2006
7:00 P.M.
SELECTMEN PRESENT: Cole, Marsland, McManus, Piekarski, Wilkins
SELECTMEN ABSENT: None
OTHERS PRESENT: Town Administrator James Merriam, Chief Remillard, Chief Mason, Susan Leven, Lincoln Hooper, Sheila House, Chris Harlow, Alex Tod, Gerry Loftus, David Sadoski, and others.
MEETING CALLED TO ORDER at 7:00 p.m. by Chairman Wilkins.
Chairman Wilkins explained that the Board just came out of Executive Session for the purpose of discussing litigation.
WEEKLY BRIEFING
Susan Leven reported that the Town will receive a $75,000 grant from the Regional Economic Development Pilot Program through the County to fund year two of the East Harwich project.
At Chairman Wilkins’ request, Ms. Leven gave a summary of the flu clinic noting that it was an incredibly well-run and organized event. She added that 455 vaccines were distributed. Chairman Wilkins agreed and added that it was an amazing example of teamwork and planning. Chief Mason echoed Ms. Leven’s and Chairman Wilkins’ remarks and noted that the Police Department’s assistance in the event was also used as a test of their emergency management operations which is required each year by MEMA and FEMA.
Lincoln Hooper reported that he met with Mass. Highway District 5 in Taunton and they have accepted the signalization project at Queen Anne Road and Route 124. He reported that this project will be moving forward and there will be a design hearing in January or February and he will get back to the Board on this.
PUBLIC INFORMATION
No one appeared before the Board.
CONSENT AGENDA
A. Approve Minutes
1. November 6, 2006 Regular Meeting
2. November 27, 2006 Regular Meeting
B. Approve renewal of Common Victualler license for Noble House
C. Approve renewal of Taxi/Limo license for Jay’s Equipment Repair
D. Approve renewal of Auto Class II Used Car Dealer license for TTK Enterprises
E. Appoint Janet Bowers to Recreation & Youth Comm. for a term to expire 6/30/08
F. Approve request for assistance from the Caleb Chase Fund
Chairman Wilkins requested to remove Item E. Mr. Cole moved to approve Items A, B, C, D, and F. Mr. McManus seconded the motion and the motion carried by a unanimous vote.
DISCUSSION ITEMS
A. Annual report of the Youth Services Committee
Chris Harlow, Chair, and Sheila House, Youth Counselor, outlined the attached report.
B. Annual report of the Historical Commission
Alex Tod, Chair, delivered the attached report.
TOWN ADMINISTRATOR’S REPORT
Mr. Merriam delivered the attached report to the Board.
The Board concurred with Mr. Merriam that performance reviews should accompany all requests for step increases and longevity payments and this practice should be enforced uniformly.
Mr. Merriam reported that The 400 Club has requested to close from January 9, 2007 to February 9, 2007 for refurbishing. He also added that Brooks Academy has completed its base contract within budget and there is additional work that could be performed within the contract using the contingency fund. He outlined a change order to the Brooks Academy project in the amount of $17,500 which included removal and replacement of vinyl siding from the east face of Brooks Academy, prepping and painting windows, replacing clapboard, and painting and siding.
Chairman Wilkins agreed to address the items Mr. Merriam brought forth in his report under the Action Items section of the agenda.
ACTION ITEMS
C. Request by Housing Committee to waive notification provisions of the Affordable Housing Special Revenue Fund Policy and authorize expenditure
Gerry Loftus explained that the Housing Committee is considering the renovation of 185 North Main Street which is owned by the Harwich Conservation Trust for an affordable housing unit and simultaneously preserving the structure for its historic significance. He requested that, due to timing constraints, that notification provisions of the Affordable Housing Special Revenue Fund Policy be waived and authorization be given by the Board for the expenditure of $1,200 for a professional survey with possible reimbursement by the developer should the project proceed. Mr. Cole moved to approve the request. Mr. Piekarski seconded the motion. After extensive discussion, Mr. Cole moved to amend his motion to approve the request contingent upon the Housing Authority acting on it tomorrow evening. Mr.
Piekarski seconded the motion. Mr. Piekarski stressed the need to re-evaluate the policy. Mr. Marsland opposed the motion and the motion failed by a 4-1-0 vote.
B. Contract with Mass. Highway regarding sidewalks on Route 28
Mr. Merriam recommended that the Board sign the contract. Mr. Hooper stated that this agreement is actually for work we currently perform including sweeping, snow removal and minor pothole repair. He stressed that in no way, by signing this, would the Town be taking over the sidewalk or taking responsibility for reconstruction or any liability. Mr. McManus moved to sign the agreement. Mr. Marsland seconded the motion for the purpose of discussion noting that the agreement does not mention pothole repair as the revised cover letter does. Mr. Hooper noted that as a matter of practice we do minor repair to the sidewalk and added that we presently do the sweeping and snow removal as well. Mr. McManus withdrew his motion.
C. Request by Recreation Department for new recreation program
Mr. Sadoski stated that the plan proposed by the Lower Cape R/C Club is to allow them to use the capped landfill as a place to fly their model planes and being that the Recreation and Youth Commission does not have jurisdiction over that property, the Commission is asking that the Board approve the plan. He stated that the Commission has voted unanimously to approve this very worthwhile recreation activity. Chairman Wilkins noted that the documentation indicates that there is no liability on the Town’s part regarding the location. Mr. Sadoski explained that the Lower Cape R/C Club is well insured and will be running two programs over the winter for the Recreation & Youth Department. Mr. Hooper answered questions from the Board. Mr. McManus moved approval of the license agreement for
the use of the capped area of the landfill between the Town and the Lower Cape Radio Control Club to be used as a model aircraft flight zone. Mr. Marsland seconded the motion. The motion carried by a unanimous vote.
D. Discussion and adoption of renewable fuels declaration
Mr. McManus outlined his memo and materials presented at the October meeting of the Cape Cod Selectmen’s Association regarding possible local responses to the issue of global warming. He stated that it would be appropriate, after review of these documents, that the Board vote to endorse some or all these documents and/or create some of our own commitments to renewable energy sources and what is referred to as green building design. The Board briefly discussed the documents provided. Mr. Marsland commented that he supports the concept but pointed out that there are two sides to every issue. Mr. Piekarski stated that he wouldn’t support the document as written. Mr. Cole requested to wait on this item in order to have more time to review it.
E. Request by NStar to install 2 poles on Route 39 to support 2 existing poles
(tabled from December 4 & 11, 2006 meetings)
Mr. Cole moved to approve the request. Mr. McManus seconded the motion and the motion carried by a unanimous vote.
G. Hours of operation for Town Hall
Mr. Merriam requested an extension to respond to this item. Mr. McManus moved to extend the test period for the hours at Town Hall until the end of March. Mr. Piekarski seconded the motion. Mr. Cole pointed out that the Board had previously requested back-up information with regard to the amount of people taking advantage of the evening hours. Mr. Merriam agreed to bring back further information. The motion carried by a unanimous vote.
H. Approval of Golf Committee fees
Mr. McManus moved to approve the Golf Committee fee recommendations for 2007. Mr. Cole seconded the motion. Mr. Boulé stated that the Golf Committee was extremely surprised after 33 years of setting the fees that they were notified by the Acting Town Administrator that they would no longer be setting the fees. He stated that the committee believes that a policy change of that magnitude without the input of the affected committee or the citizens is not a good idea. Mr. Cole responded that it was not something that the Board asked to be invited into but there was a question as to whether we have accepted a certain provision of state law and if we have, does the Charter overrule it. He explained that there was some indication in the law that the Board is the fee setting authority. Mr.
Boulé stated that no one has been able to show them that section of law. Chairman Wilkins stated that this is a discussion for a later date. Mr. Boulé and Mr. Hoye took questions from the Board. Mr. Marsland disclosed that he is a member of the Golf Course but felt that he could vote fairly on this. Chairman Wilkins noted that he is a member as well. Rob Catlin, President of the Cranberry Valley Mens Golf Association, spoke against what he called the Board’s usurping of the power of the Golf Committee. Mr. Cole noted that taking the vote does not lock them into anything until they have the discussion that Mr. Boulé requested. The motion carried unanimously. At Mr. Boule’s request, Chairman Wilkins agreed to put the discussion on a future agenda.
At Mr. Merriam’s recommendation, Mr. Piekarski moved to approve the Construction Management Services contract. Mr. McManus seconded the motion. Mr. Cole pointed out that some of the changes to the contract had not been made. Mr. Piekarski agreed to amend his motion to approve the contract with editorial privileges for the Town Administrator. Mr. Cole seconded the motion and the motion carried by a unanimous vote.
Mr. McManus moved to opt-in to the Cape Light Compact’s offer to renew with Consolidated Edison Solutions for electric for a term between January and July 2007 at a rate of .11301 per kWh. Mr. Cole seconded the motion and the motion carried by a unanimous vote. Mr. Piekarski stressed the need to examine the rates closely over the next 6 months.
With regard to request of The 400 Club, Mr. McManus moved approval of their temporary shutdown and suspension of serving for the purposes of remodeling. Mr. Marsland seconded the motion. Mr. Piekarski stressed that this request should have been made months in advance. The motion carried by a unanimous vote.
The Board voted to approve the Change Order for Brooks Academy. Mr. Piekarski requested that authorizing the Town Administrator to sign all change orders should be a future agenda item.
With regard to the request to purchase the sander, Mr. Piekarski commented that the money is in the budget and this is an administrative decision and should only be brought to the Board for informational purposes. Mr. McManus responded that it could be argued that it is not in the Highway budget as it is a capital expenditure. The Board voted unanimously to approve the request to purchase the sander.
SELECTMEN’S REPORT
Mr. Marsland reported that a representative for Mr. Crowell came before the Real Estate and Open Space Committee with an offer for the Town to purchase the Crowell property. He stated that there was a discussion as to what the Town could do with the property and its value.
Mr. Cole reported that the Budget Subcommittee had its second meeting with the Board of Assessors and the Deputy Assessor. He added that they are finished meeting and he will prepare a report for the Board.
Mr. McManus moved to appoint Janet Bowers to the Recreation and Youth Commission to a term to expire June 30, 2008. Mr. Cole seconded the motion and the motion carried by a unanimous vote.
Mr. McManus explained that both the Historical Commission and Historic District Commission have voted to have their membership cross-appointed. He noted that the Historic District Commission membership is 5 and there are currently 2 vacancies. He added that membership on the Historical Commission is 3 and there are 4 vacancies however John McGillen already serves on both. Mr. McManus moved to appoint Alex Todd and Shannon McManus to be members of the Historic District Commission with terms to expire June 30, 2007. Mr. Piekarski seconded the motion and the motion carried by a unanimous vote. Mr. McManus moved to appoint Karen Stello, Brian Murphy, Beverly Nightingale and Robert Bradley to the Harwich Historical Commission with terms to expire in 2007, 2008 and 2009. Mr. Piekarski seconded
the motion and the motion carried by a unanimous vote.
With regard to the previous discussion on the Mass. Highway contract, Mr. McManus moved to have the Town Administrator write a letter to Bernard E. McCourt indicating that they have reviewed his agreement and are quite willing to sign it as soon as they see the project listed in the advertised bid document. Mr. Cole seconded the motion. Chairman Wilkins stated that the letter should indicate the Board’s reluctance in signing the contract as Mass. Highway hasn’t delivered in the past. The motion carried by a unanimous vote.
Mr. McManus stated that it is clear that the Housing Trust Fund Policy is not what they want and he moved to reconsider the vote taken on the application from the Harwich Housing Committee for $1,200 for the purposes of being able to make a motion to suspend the policy and grant them their request. Mr. Cole seconded the motion. Chairman Wilkins stated that they should start by making a motion to waive the policy first. Mr. Piekarski stated that he wouldn’t support waiving the policy. The motion carried by a unanimous vote.
Mr. McManus moved to waive the full notification procedures of our policy and approve the request for $1,200 contingent upon the Housing Authority’s positive review of this application. Mr. Piekarski seconded the motion. Mr. Cole stressed that the historic significance of the house needs to be established. The motion carried by a unanimous vote.
ANNOUNCEMENTS
Chairman Wilkins announced that Hall of Fame nominations deadline will be extended to December 29, 2006 and that the next meeting of the Board of Selectmen would be January 8, 2007.
ADJOURNMENT
The meeting was adjourned at 9:50 p.m.
Respectfully submitted,
Ann Steidel
Recording Secretary
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