Town of Harwich Massachusetts - Minutes

SELECTMEN’S MEETING

GRIFFIN ROOM, TOWN HALL

MONDAY, FEBRUARY 5, 2007

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

SELECTMEN ABSENT: None

OTHERS PRESENT: Town Administrator James Merriam, David Ryan, Barbara Anne Foley, Carolyn Carey, Ginny Hewitt, Jeff Carter, Anita Doucette, Polly Hemstock, Jack Brown, Joanne Brown, Nancy Moran, Laura Schaub, Leo Cakounes, Susan Brauner, 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 contract negotiations.

No one appeared before the Board.

PUBLIC INFORMATION

No one appeared before the Board.

A. Approve minutes –

1. December 18, 2006 Regular Meeting

2. January 16, 2007 Regular Meeting

3. January 22, 2007 Executive Session

B. Approve renewal of Common Victualler license for Talk of the Town Café

Mr. McManus moved approval of the Consent Agenda and the recommended actions thereon. Mr. Cole seconded the motion and the motion carried by a unanimous vote.

TOWN ADMINISTRATOR’S REPORT

Mr. Merriam delivered the following report:

On February 12^th, the Board of Health is starting the distribution of KI for Harwich residents. Paula Champagne has prepared the following Press Release. I spoke to Paula regarding a plan to develop a Phase 2 distribution for non residents who would be renting during a potential release.

Marilyn Fifield has responded to our inquiry regarding the origin of the 6.1 persons per vacant unit. Attached is her explanation. The Town currently has 5 Seasonal Package Store All Alcohol licenses and we’ve issued two. We have 4 Seasonal Wine and Malt licenses and issued one. If we set a lower seasonal population, we will not lose any licenses.

NSTAR representative Jeff Luce has informed me of their plans to install two 45 foot long mobile trailers at their West Harwich sub station. The trailers will carry high voltage capacitors to address short term variable loads. It will require an expansion of fencing and some land clearing to place these trailers. The only permitting required, according to Mr. Luce, is for the fencing. NSTAR has provided us with photographs of the trailers and a copy of the Material Safety Data Sheets. They hope to install as soon as the weather breaks.

Town Meeting Articles

Chairman Wilkins and I have discussed a strategy of preparing a list of articles that have been requested by various departments (not private petitions) but we definitely know that we cannot fund. This list of articles should be removed from the official warrant, but listed on the back page of the Finance Committee booklet. This list of articles will be highlighted as having merit but not affordable at this time.

Chairman Wilkins is also grouping a list of “traditional articles” that Town Meeting has historically funded, most likely from Free Cash. We should identify this group of articles to allow a separate vote so long as Town Meeting wishes to continue this tradition. Their funding may violate the Selectmen’s Free Cash Policy but they will be so identified as exceptions.

Dave Scannell has informed Gerry Loftus that there are duplicate parcels listed in the land for sale articles. Dave also recommended that we ask Department Heads to review the parcels listed for any municipal needs or proposed uses prior to selling.

Robert Cottrell – Cranberry Bog Lease

John Chatham and I met with Bob Cottrell to discuss the status of his lease of the Herring River Cranberry Bog. In 1984, the Town entered into the first 10 year lease with Mr. Cottrell. The term ran from January 1996 to December 31, 2005. The lease called for the Town to receive 25 percent of his gross revenue. Mr. Cottrell has not paid the Town any money since 1998. Mr. Cottrell provided information that his gross revenue for the period between 1999 and 2005 was $226,361, so 25% would equate to $56,590. Mr. Cottrell operated under the assumption that he could subtract his cost per acre from the gross revenue owed. He provided us with three handwritten papers which showed the following:

Base barrel production cost per acre extended total Difference between

Gross sales cost/ at 11.5 acres sales and cost

1999 871 18 15,660 2500 28,750 -13,090

2000 1739 12 20,868 2500 28,750 -7,882

2001 746.53 18 14,437 2876 33,074 -18,637

2002 1702 28.5 48,592 3056 35,144 13,448

2003 1236 33 40,788 3262 37,513 3,275

2004 1536 28 43,008 3262 37,513 5,495

2005 1536 28 43,008 3262 37,513 5,495

2006 1659 35 58,065 3262 37,513 20,552

Mr. Cottrell noted that because the price per barrel has climbed back to $35 per barrel, he’s willing to pay the Town 25% of his calendar 2006 gross earnings of $58,065, or $14,516. He provided information that his costs have exceeded his revenues by $11,626 dollars for the period of the lease from 1999 to 2005. John and I asked Mr. Cottrell to put his offer to resolve this contract dispute to you in writing.

Three issues need resolution:

1) address the monies owed from the lease from 1999 to 2005

2) extend the lease from 1/1/06 through 3/30/07 with same or new terms

3) proceed with bidding new lease

To that end, we have completed a bid package and will advertise for a new 10 year lease. (a lease longer than 10 years requires a Town Meeting vote.) I have raised questions for the bid package regarding a waiver of property taxes, pump ownership and the lessee’s inability to farm the land.

For your information, Leo Cakounes’ lease for the Main Street Bog is $2500 for the 2002 base year, with a 2.5% increase annually for a total payment of $63,859 over 20 years. This formula was based upon the amount of tax revenue received by the Town if the property was privately held and taxes were paid under MGL Chapter 61A. I’ve asked Dave Scannell to calculate payments in this manner.

We’ve received notice from Comcast dated January 16^th that the renewal period has begun for formal negotiations for the current contract which expires in August of 2008. The formal process typically involves a Cable Advisory Committee and Special Cable Counsel. The Cape Managers have discussed negotiating the contracts collectively, based upon similar expiration dates. They indicated that Comcast will be seeking an accounting of how their funds have been spent. I’ve also attached an e-mail from Verizon regarding Cable Choice Legislation and the benefits of competition in the cable industry. We’ll have to decide whether to follow the traditional formal Cable Advisory Committee model or some more informal model.

Repair of Private Ways

Article 29 of the May 5^th, 2003 Annual Town Meeting was the adoption of the betterment program for private ways in accordance with MGL Chapter 80, section 1. No funds were raised for this purpose. I have spoken to Steve Kitchen from 3 Old Post Road, who has agreed to serve as the neighborhood contact for this project. I toured the streets proposed for this work with Dave Ryan. Steve informed me that there are 24 homes to be bettered, but unfortunately, at least one is in Brewster. I indicated to him that this will complicate the process because typically a municipal power to assess betterments upon property does not extend beyond their boundaries.

Kopelman and Paige Attorney Brian Riley has informed us that the Town lost its appeal of the Stagg Chevrolet water bill suit due to a defective notice.

The Police Station Building Committee has completed its negotiations with Kaestle Boos Associates for the design of the new Police Station. The contract has been reviewed by CMS and Kopelman and Paige as to form. It includes language protecting the Town for any work performed prior to an appropriation at Town Meeting. The remaining task is to negotiate a fee. KBA has proposed a fee of $587,000 plus expenses. Whom do you wish to assign this task. I would recommend a member of the Board of Selectmen, the Vice Chairman of the Building Committee and myself.

Regarding the flyer on the distribution of potassium iodide pills, Chairman Wilkins commented that it should indicate Harwich Board of Health. Mr. Cole commented that an emergency radio station should be identified as well.

Chairman Wilkins asked Jill Mason to provide feedback on the cable renewal contract.

Mr. McManus asked Mr. Merriam to contact the Town Administrator in Brewster regarding the properties located in Brewster so that they may be included in the betterment project.

The Board agreed that Mr. Merriam, Mr. Clarke and Mr. Cole would sit on the negotiations team for the Police Station architect contract.

The Board agreed to pursue having the Cape Cod Commission legal counsel come in to discuss the Keyspan suit.

Beach Management Plan – Recreation & Youth Commission

Jeff Carter, Recreation Director, outlined the Beach Management Plan. The Board discussed the plan and made minor changes. The Board also agreed that a public hearing would be necessary to address the rules and regulations. Mr. McManus requested that the Recreation and Youth Commission take up the matter of right of way access on Beach Road for kayak launching and Mr. Carter agreed to bring it before them. The Board took no action on the plan.

A. Approval of Harwich Olde Home Day Parade

Mr. McManus moved approval of the parade. Mr. Cole seconded the motion. Nancy Moran of the Harwich Olde Home Day Parade Committee explained to the Board that her committee is seeking permission to hold a parade on Sunday, September 9, 2007 at 1:00 p.m. as outlined in their letter of January 23, 2007. Mr. Cakounes explained that in the past, a separate Town committee was formed for insurance purposes which allowed the non-Town committee to conduct fundraising. Mr. Cakounes also pointed out that permission would have to be granted from the State to shut down a portion of Route 28. Mr. Piekarski requested that the Board get recommendations from the Police and Fire Departments on this issue as well. Mr. McManus withdrew his motion. Mr. McManus moved to endorse the Harwich Olde Home Day Parade for September 9, 2007, to establish a Town Parade Committee consisting of Leo Cakounes, Rocky Clark, Cindy Eldridge, Bob Garafola, Bruce Gibson, Toni London, Peter Luddy, Marty and Nancy Moran, Jen and Tom Rioux and Laura Schaub and to endorse the proposed route subject to it being approved by the permit process of the Police and Fire Departments. Mr. Marsland seconded the motion. Mr. Cakounes requested that the motion be amended so that the Town Parade Committee does not include everyone on the Harwich Olde Home Day Parade Committee. Mr. McManus amended his motion to endorse the parade for September 9^th, to appoint a Town Parade Committee consisting of Leo Cakounes, Bruce Gibson and Peter Luddy and to approve of the proposed routes subject to receiving permits from the Police and Fire Departments. The motion carried by a unanimous vote. Mr. Cakounes stated that they will be coming back to request that the Board to endorse a letter to the state to close Route 28.

Chairman Wilkins, Mr. Cakounes and Mr. Gibson agreed to work together on Civic Spirit Day.

DISCUSSION ITEMS

A. Warrant and one-liners review

Community Preservation Committee

Jack Brown detailed the articles submitted by the Community Preservation Committee. He expressed concern over maintaining these proposed projects after CPC money runs out. Mr. Brown took questions and comments from the Board.

Mr. Cakounes inquired if CPC articles can be amended from Town Meeting floor. He noted his concern that the pool project is not being portrayed the same way the article is written. Chairman Wilkins agreed that the article needs to be reworded and Mr. Brown said it will be rewritten.

Anita Doucette explained her article for codification of Town records.

Barbara-Anne Foley outlined the Council on Aging articles. She took questions and comments from the Board. The Board discussed her requests for staff and Mr. Piekarski stressed that he will not support any articles for staff that would trigger an override. Chairman Wilkins stated that Mr. Merriam will come forward with his priority staff recommendations.

Joanne Brown outlined the library articles. She and Ginny Hewitt took questions and comments from the Board. Mr. Cole pointed out that the Library custodian is hauling trash to the transfer station which is not the best use of her time and they need to come up with a solution to this problem.

Carolyn Carey detailed the Community Center articles. She took questions and comments from the Board.

Chairman Wilkins noted that the Golf Committee article discussion has been postponed.

ACTION ITEMS (Continued)

B. Establish Seasonal Population as 37,850 as per the Cape Cod Commission

Mr. McManus moved to establish a seasonal population of 30,500. Mr. Marsland seconded the motion. Mr. Cole commented that in terms of data he doesn’t see basis for any particular figure and Mr. Piekarski stated that he would be more comfortable using the number from the Cape Cod Commission. The motion carried by a 3-1-1 vote with Mr. Cole abstaining from the vote and Mr. Piekarski opposing.

C. Fund Harwich Housing Committee member to attend 1-day workshop in Boston.

Mr. Cole moved to approve the request for the attendance of the individual recommended by the Housing Committee to attend the workshop. Mr. Piekarski seconded the motion. The Board agreed that it would be funded from the Selectmen expenses. Mr. Piekarski encouraged the committee member to submit reimbursement for mileage. The motion carried by a unanimous vote.

With regard to negotiations on a fee with the Police Station architect, Mr. Piekarski moved to appoint Mr. Cole to represent the Board. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

DISCUSSION ITEMS (Continued)

A. By-Law and Charter Review Committee review of General By-Laws

Anita Doucette noted that the Committee is not prepared for a review of this item as the Chair is away.

B. Draft School Building Needs Committee Charge

C. School Building Needs Committee – suggestions from School Superintendent

Mr. McManus outlined the changes to the charge. The Board discussed the makeup of the committee and Mr. McManus recommended a broad range from the community. Chairman Wilkins suggested that a range of 9 to 15 members would be appropriate and Mr. Marsland said there should be an equal number from each of the groups. Mr. Piekarski noted that he prefers fewer members as it is difficult to build consensus when there is a large membership but agreed that it needs to be balanced. Mr. Cole commented that there should be an odd number of members and that he does not want to be locked into equal numbers from each group. Mr. Cole moved to adopt the High School Building Needs Committee Charge as drafted by the Appointments Subcommittee with the following changes in the wording under the “Makeup of the Committee” section – “The School Building Needs Committee shall consist of 9 to 15 members” and in the following sentences we replace the word “five” by the word “equal.” Mr. Marsland seconded the motion. Mr. Cakounes commented that a quorum requirement should be included in the charge. Mr. McManus said the “Procedure” section could be amended to indicate that a quorum will be a majority of those members appointed. The motion carried by a unanimous vote.

D. Commencement of cable (Comcast) renewal process

The Board discussed the issue of the cable contract renewal. Jill Mason, Channel 18 Director, suggested that they appoint a Cable Advisory Committee to look through the existing contract and be aware of the pending legislation on the federal and state level. She explained that this will answer many of their questions in terms of the differences between the cable contract as it stands now relating to the telecommunications law as opposed to what Verizon is talking about where they do not fall under that same law. She also recommended retaining legal counsel because it is a complex issue. She noted that it is a good idea for the towns to get together on this issue. Ms. Mason explained that the first thing the Board needs to do is send a letter to the company expressing their interest in going into negotiations with them. Chairman Wilkins recommended that the issue be raised at the Selectmen’s Association meeting this week and that the Town Administrator bring it up at the Cape Managers’ Meeting. Mr. Piekarski recommended that we contact Kopelman & Paige to get some feedback.

SELECTMEN’S REPORT

Chairman Wilkins gave Mr. Merriam a list of priorities that Mr. Cole developed and he asked the Board to submit their priorities as well.

Mr. McManus moved to authorize the Cultural Council/Cultural Exchange Centers group be authorized to put in their permit application for the siting of a temporary handicapped accessible bathroom at the former Youth & Recreation building. Mr. Cole seconded the motion. The Board discussed the issue with Mr. Loftus. The motion carried by a unanimous vote.

Mr. Piekarski moved to adjourn at 10:28 p.m. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

Respectfully submitted,