MINUTES
SELECTMEN’S MEETING
GRIFFIN ROOM, TOWN HALL
MONDAY, FEBRUARY 12, 2007
7:00 P.M.
SELECTMEN PRESENT: Cole, Marsland, McManus, Piekarski, Wilkins
SELECTMEN ABSENT: None
OTHERS PRESENT: Town Administrator James Merriam, David Ryan, Jack Brown, Paula Champagne, 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 collective bargaining issues.
WEEKLY BRIEFING
No one appeared before the Board.
PUBLIC INFORMATION
No one appeared before the Board.
CONSENT AGENDA
A. Approve request for Special Permit to hold Bob McCourt Run for Multiple Sclerosis and Alzheimer’s on Saturday, June 23, 2007
B. Approve request for Special Permit to hold 6th Annual Walk of Hope on Saturday, May 5, 2007
C. Approve request for Special Permit for the MS Challenge Walk on Friday, September 7, 2007
D. Approve minutes of January 22, 2007
E. Requests for assistance from the Caleb Chase Fund
1. Request #1
2. Request #2
3. Request #3
F. Approve Chapter 90 requests
Mr. McManus moved approval of the Consent Agenda and the recommended actions thereon. Mr. Cole requested to hold Item D and Mr. McManus agreed to amend his motion as such. Mr. Marsland seconded the motion. With regard to Item A, Mr. Piekarski stated that more attention needs to be paid to the needs of the Harwich Port Merchants’ Association as described in their letter including starting and ending times for the event. Mr. Piekarski also noted concern about shutting down Route 28 without authorization. The Board agreed to hold this item until they could determine whether this event could be held on an alternate date and how long it would take. Mr. McManus withdrew his motion.
Mr. McManus moved approval of the Consent Agenda, absent Items A and D, and the recommended actions thereon. Mr. Cole seconded the motion. Mr. Marsland commented that refinements need to be made to the Caleb Chase Fund application process and Chairman Wilkins said he would make it an agenda item. The motion carried by a unanimous vote.
Mr. Cole moved to table Item A until next week. Mr. McManus seconded the motion and the motion carried by a unanimous vote.
With respect to Item D, Mr. Cole noted that “Economic Development Council” should replace “East Harwich Community Association” on Page 3 and with that change he moved to approve the minutes. Mr. McManus seconded the motion. The motion carried by a unanimous vote.
TOWN ADMINISTRATOR’S REPORT
Mr. Merriam delivered the following report:
FY 08 Budget Amendment #1
Attached is Amendment #1 to the Town Administrator’s original Budget Recommendations. These recommendations address the budgets of the Finance Committee, the Town Clerk, the Building Inspector and the Library. The increased budget of $52,310 would be offset by increased fees. There would be no net increase. The Library Trustees have requested moving money between line items without changing the bottom line. Unfortunately, we have not found additional revenues yet to address the Board of Health’s request.
Cranberry Bog Lease
Bob Cottrell has provided us with a proposal to pay 25% of his estimated gross sales for calendar 2006. His gross revenue is estimated to be $60,000, so his proposal is to pay the Town $25,000. This offer would cover the period through March 31, 2007, the proposed expiration of the 15 month lease extension. Attached are his handwritten records for your perusal. John Chatham and I recommend that you accept his offer. We believe that it is in the Town best interest to support his efforts to farm this bog.
Mr. McManus requested that Budget Amendment #1 and the Cranberry Bog Lease be put on an agenda. He stressed that action items need to be on the agenda so that the public is aware what the Board is going to address and he added that the Board should not be taking action during the Town Administrator’s Report. The Board agreed that once an action item is discussed on the Town Administrator’s Report it will go on the Board’s agenda as an action item for the following week. Mr. Piekarski requested that they do not receive backup material until the item goes on an agenda.
Municipal Benchmarking
A representative from Municipal Benchmarking will attend your March 5th meeting to make a presentation. I have inquired with Cohasset how they may find the data useful.
Households per Town
Chamber of Commerce Director Sandy Davidson shared with me a chart of Cape Cod households per town which was printed in the current issue of Cape Business. The chart cited Harwich’s total households at 8,495 and 3,510 second homes or 41% as of February 2005. David Scannell has updated these figures. As of October, 2006, there were 9,388 households and 4,250 second homes or 45.2%. As of January, 2007, there are 9,436 households and 4,284 second homes or 45.4%. Two of the lower Cape Towns now have in 60% or higher of their total households as second homes. The article’s conclusion is that second-home owners are a strong presence in all Cape towns, and a majority in some.
Sandy also provided me with statistical data for Harwich and how the Chamber is updating their website. They are providing their members with information on how to start a business in Harwich with links to our permitting process.
Model Airplanes
I met with Charlie Walkley, who has agreed to become President of the local model airplane club. He conveyed his willingness to cooperate with the Town and gain its acceptance of his club’s activities. I encouraged him to work with Jeff Carter and the Youth and Recreation Committee to develop rules and regulations for flying their planes on the landfill site. I indicated that I have committed to test the noise with abutters as soon as the weather permits.
Harwich Old Home Day Parade
Our Insurance Agent, Paul Silva, has informed our office that members of the Selectmen appointed Harwich Old Home Day Parade Committee only will be covered under the Town’s liability policy. That is, the non profit committee would not be covered. Since the larger non profit committee wishes to participate in the parade planning, your Board ought to name all the interested volunteers for the parade planning to the appointed Committee. Fund raising could be performed by a non profit committee which has not been appointed by the Board of Selectmen.
Sea Street water main break
Ken Wood from Massamount Insurance Company has informed us that Massamount will review and process any private property claims sent to them through the Town, but that the Town should not be concerned about exposure.
School Department Finances
Dave Ryan and I met with Supt. Cragin and Business Manager Costin to review their Town Meeting articles and current budget.
We are recommending the following:
1) retain the Building maintenance and septic articles on the warrant;
2) delete the Medicaid article and add $37,443 to the TA recommended School Budget to cover this recurring operating expense;
3) delete the textbook article;
4) retain the PCC article in the group of “traditionally funded articles”
5) retain the technology article, but reduce the request and treat as a one time expense;
6) retain the modular classroom article of $183,819, but partially fund it from the balance of the high school roof article (estimated to be $50,000)
During our school/municipal discussion, there was talk about a collaborative approach to sharing costs and functions. Specific interest was expressed in the areas of technology staff sharing and building maintenance. To that end, we ask that the Board review MGL Chapter 71, section 37M Consolidation of administrative functions with city or town. This statute was part of Education reform and requires a town meeting vote at an annual town meeting. We are asking you to re-open the warrant to add this article. Town Meeting approval will allow the two organizations to commence negotiations to merge some functions, which will provide for better efficiencies. (See attached statute). The details can be developed over the next fiscal year if Town Meeting is supportive.
School Administration informed us of a current year SPED shortfall, currently estimated at $52,500. Attached is a document entitled Fiscal Year 2007 Circuit Breaker/SPED forecast as of 1/7/07. Supt. Cragin also provided us with a position paper on the need for increased state funding for Special Education and a paper on Out of District Placements: A Sampling of Diagnoses.
Department of Revenue
The Bureau of Local Assessment for DOR has finalized Harwich’s FY 06 Equalized Valuation at $5,328,884,400. See attached spreadsheet.
Representative Sarah Peake
Attached is News from Beacon Hill, an e-mail from Sarah Peake. Sarah will be here at the Town Hall Library on Tuesday, February 20th at 10am to meet with constituents. She has announced that her committee assignments are Environment, Natural Resources and Agriculture, Financial Services, and Municipalities and Regional Government.
Town Meeting Articles
Attached is our first attempt to identify potential funding sources for the Annual and Special Town Meeting warrants. The Finance Committee met twice this week. On Tuesday, they reviewed the Police budget and Thursday the Cemetery and Highway budgets.
Community Preservation Act
I met with Jack Brown to discuss the approval process for CPC sponsored articles. He provided me with a listing of websites related to the CPA.
The Board discussed with Mr. Brown the approval process for CPC sponsored articles at Town Meeting.
ADA
I met with Ginny McCann to learn about the Disabilities Committee work and their projects and concerns.
Cape Managers
I attended the Cape Managers monthly meeting on Thursday in Sandwich. Attached is a handout entitled “Report to 21st Century Taskforce- Cape Cod Commission Review Re: Input Received from Outside Consultants and Applicants August 7, 2006. Bob Lawton from Yarmouth would like to have the Assembly of Delegates consider amendments to trigger review such as the artificial 10,000 s.f. and 30 multi-family units. I also mentioned about Harwich’s Health Insurance shortfalls and interest in joining the CCMHG. They currently have 22m in reserves and intend to apply 10m toward rate stabilization.
Regarding Cable contracts, they suggested that Peter Epstein could negotiate model agreements for a combined number of towns to obtain the 5% of revenues but still set up the Local Cable Advisory Committees to negotiate any special requests unique to that community.
ACTION ITEMS
A. Request to resolve electrical code violation issue at 17 Robert Lane
Paula Champagne explained that the Board of Health has been working toward the resolution of this problem and recently received a communication from the Lower Cape CDC that co-mingling of the electricity issue had finally been resolved. She stated for the record that the co-mingling in this case was a low priority as they were only slightly over the Mass. Department of Public Health Code’s threshold for co-mingling. Ms. Champagne added that the landlord has proposed an equitable restitution for the preceding months.
B. Massachusetts School Building Authority - Letters of Interest involving reimbursement for roofs at the High School and Middle School.
Mr. Merriam recommended the Board sign the letter of interest. Mr. Piekarski moved Mr. Merriam’s recommendation. Mr. Cole seconded the motion and the motion carried by a unanimous vote.
C. Request to accept grant of used 100 yard open top trailer from Town of Sandwich and authorize Chair to sign Municipal Grant Agreement
Mr. McManus moved to approve the request. Mr. Cole seconded the motion and the motion carried by a unanimous vote.
D. Request to accept gift of labor and use of mulching machine by Dan O’Leary Landscaping for roundabout project
Mr. McManus moved to accept the gift from Dan O’Leary of labor of four men for a day, the use of a mulching machine and two operators for assistance at the landscaping project at the roundabout on Route 39 and Queen Anne Road and to send a letter thanking him for his donation. Mr. Marsland seconded the motion. Mr. Merriam recommended that the Board accept the gift. The motion carried by a 4-1-0 vote with Mr. Piekarski opposing the motion.
E. Request by Massachusetts Committee for Employer Support of the Guard & Reserve to sign Statement of Support for the Guard & Reserve
Tom Boyle, representative for the Massachusetts Committee for Employer Support of the Guard & Reserve, explained the statement noting that a number of other towns have signed already. At Mr. Merriam’s recommendation, Mr. Piekarski moved to sign the statement and Mr. McManus seconded the motion. The motion carried by a unanimous vote.
F. Nomination for 2007 Massachusetts Unsung Heroine Award
Mr. Cole moved to accept the recommendation of the subcommittee and nominate Christine Wood. Mr. McManus seconded the motion and the motion carried by a unanimous vote.
G. Request by Cultural Council to waive permit fee for handicapped restroom at former Recreation Building
At Mr. Merriam’s recommendation, Mr. Piekarski moved to approve the request. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.
H. Vote Beach Management Plan
Mr. McManus noted that one of the recommendations was to add Beach Road as a non-motorized beach access point and he requested that the map and Beach Amenities Table be annotated as such. Mr. McManus moved to approve the Beach Management Plan as proposed by the Youth and Recreation Commission. Mr. Marsland seconded the motion and inquired if legal counsel had looked at the language regarding employee responsibility on Page 30. Mr. Merriam responded that the language should be deleted and Mr. McManus amended his motion to include the change. The motion carried by a unanimous vote.
DISCUSSION ITEMS
A. CPC Articles and Dept. of Revenue issues
Mr. Brown stated that after extensive research, he recommended that the committee withdraw the article and the committee agreed unanimously to withdraw the article on the Community Center renovation project as it was not the intent of this act.
B. Warrant and One-Liners Review
The Board agreed to review warrant articles over the course of the next three meetings as follows:
Week #1 - Selectmen, customary, Town Clerk, Highway, Harbor and Water Dept.
Week #2 – Committee articles
Week #3 – Police, Fire and Schools
Mr. McManus stressed the need to notify the proponents of when their articles will be discussed.
C. Harwich Civic Spirit Day
The Board discussed the original intent of Harwich Civic Spirit Day with Chairman Wilkins noting that he believed that it was originally conceptualized as an event to honor volunteers and then moved into becoming a trade show. Chairman Wilkins stated that he would prefer to hold the event as a luncheon to honor volunteers as was intended.
Mr. Cole stressed that the cost of the luncheon should be borne by the Town and not by an individual family in Town as is proposed. Mr. Piekarski expressed his support for holding an event for honoring volunteers.
The Board agreed that a poll of committee chairmen would be appropriate as to what type of event they prefer.
D. Next week’s meeting schedule
The Board agreed to meet next Tuesday, February 20, 2007.
ADJOURNMENT
Mr. Cole moved to adjourn at 8:48 p.m. Mr. Piekarski seconded the motion and the motion carried by a unanimous vote.
Respectfully submitted,
Ann Steidel
Recording Secretary
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