Town of Harwich Massachusetts - Minutes

SELECTMEN’S MEETING

GRIFFIN ROOM, TOWN HALL

MONDAY, JANUARY 22, 2007

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

SELECTMEN ABSENT: None

OTHERS PRESENT: Town Administrator James Merriam, Chief Mason, Chief Remillard, Deputy Chief Bill Flynn, Lt. Tom Gagnon, Lincoln Hooper, Deacon Ralph Cox, Izzy Thompson, and others.

MEETING CALLED TO ORDER at 7:15 p.m. by Chairman Wilkins.

Chairman Wilkins explained that the Board just came out of Executive Session for the purpose of discussing labor negotiations.

Deputy Chief Flynn announced that the presentation “Aging in Place” will take place on January 23, 2007 at 7:00 p.m. at St. Joan of Arc Church in Orleans. He noted that the presentation addresses changes in demographics on the Cape and will specifically cover the areas of Brewster, Chatham, Harwich and Orleans.

PUBLIC INFORMATION

No one appeared before the Board.

A. Minutes – December 18, 2006 Regular Meeting

Mr. Cole moved to approve the minutes of December 18, 2006. Mr. McManus seconded the motion. Mr. Cole noted that the on Page 2, the Annual Reports are associated with the incorrect Chairpersons. Mr. Piekarski noted that Page 4 indicates that Mr. McManus amended a motion made by Mr. Piekarski. He also noted that on Page 3 it indicates that the motion passed when it had failed. The Board agreed to bring the minutes back with corrections. The motion failed by a 0-5-0 vote.

TOWN ADMINISTRATOR’S REPORT

Mr. Merriam delivered the following report:

District Department of Veterans Services

I attended a meeting with Norm Gill at the Regional Office in Hyannis on January 16^th. Those managers in attendance approved the Town of Provincetown into the District effective January 1, 2007. Town Manager Keith Bergman has requested the inclusion of Provincetown due to the pending retirement of their Veterans Agent, Earl Chaddock. We also approved the District’s budget and corresponding FY 08 assessments. The assessments are based upon total valuation. Harwich’s assessment will increase $242.63 from $25,830.41 to $26,073.04 next year. This regional district is a very cost effective way to provide services to our veterans.

Attached is a new Council on Aging budget page 84 that reflects my recommended level 25 hours for the Outreach Worker found in the part time line rather than the COA Director’s 35 hours request found in the salary and wage line.

Harwich hosted a joint informational seminar with Brewster on January 18^th which was well attended. Ken Wagner from ENSR made an excellent presentation, including a power point presentation. His presentation will be on our website for viewing. It was decided last evening to conduct a joint Conservation Commission hearing in Brewster on February 13^th, with each ConCom issuing separate Orders of Conditions. Ken strongly advocated for the Watershed Management Plans which are included in his contract. He also advocated for retaining Title V compliant septic systems which provide recharge rather than sewering around Long Pond. This position is consistent with DEP current thinking. This will certainly generate some debate as we proceed with the Wastewater Management Plan.

The Fire Department received a new ambulance on January 19^th. It was actually 38 days late in delivery which required a reduction in the final price paid due to the penalty clause, less a minor adjustment for added door strapping.

Harwich One v. Board of Appeals

With the advice of Attorney John Giorgio and Sue Leven, I have authorized Barbara Saint Andre to file an appearance in Barnstable Superior Court to represent the ZBA in this abutter appeal of the comprehensive permit as she has represented the ZBA throughout this case.

Memorandum of Understanding- East Harwich

Sue Leven has drafted an MOU to coordinate the efforts of the various interest groups (The Town of Harwich, the East Harwich Community Association, Cape Cod Commission, the Association to Preserve Cape Cod) so that the Town serves as contracting authority and there is one message sent to the public through the press.

I met on January 16^th with Executive Director Sandy Davidson and President Richard Waystack. Sandy and Richard acquainted me with the Board of Directors, their calendar of events, their committees including Government Affairs, and their mission statement. Most importantly, it is their request to form a partnership between the Chamber and the Town involving civic affairs and economic development. Sandy and I pledged to meet on a regular basis to keep up to date on common interests.

I met with Library Director Ginny Hewitt, who gave me a tour of the Brooks Library. I was introduced to most of the staff. I am most impressed with this Library, which reflects quite well upon Harwich and the high value it places upon learning and reading. With the renovations in 1998, this building is beautiful asset for which the community can be proud.

Last Chance Flu Clinic

Paula Champagne reported that on January 19^th, the Towns of Harwich and Chatham sponsored a Last Chance Flu Clinic in which 90 people received flu shots. There were sufficient doses available to serve everyone.

Private Petition Article

We received a private petition on January 19^th from the Wequassett Inn and Resort for a rezoning. Unfortunately, Anita Doucette had provided them with an outdated petition form which stated the deadline for filing was the third Friday in January. Given this information, I would recommend that the Board accept this petition. Also, Anita’s FY 08 budget request included additional staffing hours that I subsequently reduced, so she will need to submit an article to request supplemental staff funding. Anita has also suggested that we may be able to move money within the TA recommended Town Clerk budget to achieve her goal, which is to cover additional elections.

With regard to the Memorandum of Understanding, Chairman Wilkins stated that he has no problem with it provided that Mr. Merriam’s signature is on the document. Mr. Cole stated that the role of the East Harwich Economic Development Commission needs be clarified in this issue.

A. Barnstable County Human Services Committee’s Operation In From The Streets

Deacon Ralph Cox of the staff of Holy Trinity Church, accompanied by Pilgrim Church member Izzy Thompson, read a statement from the Harwich Clergy Association as follows:

The Harwich Clergy Association, meeting as a body on January 10, 2007 in accordance with its by-laws, wishes to petition the Board of Selectmen of Harwich as follows:

Recognizing the great risk to human life that lack of decent shelter in the winter time represents to the chronically homeless on Cape Cod, we appeal to the Board to consider making a financial contribution of up to $5,000 to the NOAH Shelter in Hyannis, under the supervision of the “In From The Streets” initiative, to enable that agency to place chronically homeless women and/or men in safe shelter during periods of hazardous weather during 2007.

The financial support is needed because the NOAH Shelter is unable to provide this care with its own resources. This appeal recognizes that present and/or former residents of Harwich are among the chronically homeless likely to benefit from this offer of support. The petition also recognizes that the Town of Barnstable bears the unfair burden of high Human Services costs as a result of the congregating of chronically homeless persons in Hyannis where various health and human services agencies are located. All Cape Cod towns are contributing to the homeless population; however, Barnstable bears a major part of the burden that represents to the Cape Cod community.

The urgency of this matter is best appreciated when it is understood that twelve chronically homeless men and women died on the streets of Cape Cod during the past year. Recognizing the dignity of all human life, we must take action to insure that does not happen again.

Deacon Cox took questions from the Board.

Chairman Wilkins stated that in speaking with Mr. McManus they came up with the idea of taking $1,000 from our housing fund for this year and as we go into next year the Human Services Committee would be informed of this program and could allocate money upon submitting a grant request to the Committee. Mr. Ryan noted that the purpose is an allowable use for the fund but would have to follow the two week voting rule. Mr. McManus agreed with the Chair’s recommendation but stressed that the program must be referred to the Human Services Committee for their consideration for putting in their funding cycle for next year. Mr. Piekarski requested that the item be brought back next week and noted that they may need to expand the policy. The Board agreed to bring the item back next week.

A. Set Seasonal Population

Mr. Merriam explained that the Board traditionally sets the seasonal population with drives the number of liquor licenses that are available for the summer season. He noted that we don’t use all of the licenses we have so it is not a pressing point to add to the number of licenses we have. He recommended that the Board vote to set the seasonal population at 30,500 as was voted last year. Mr. McManus moved to set the estimate of seasonal population for the year 2007 at 30,500. Mr. Marsland seconded the motion. Mr. Cole noted that he has evidence to support a seasonal population of 24,000 to 25,000 in the summer. He referred to a Municipal Solid Waste Generation report prepared by the Highway Department for the years 1998-2006 as well as information from the 2000 census. Mr. Piekarski stressed the need to find a mechanism to determine an accurate figure and suggested getting information from the Water, Police and Fire Departments. Mr. Hooper answered questions from the Board and suggested that the Cape Cod Commission might be helpful in making a determination. The Board agreed that they needed additional data and Mr. McManus withdrew his motion. Mr. Cole moved to table this item for two weeks. Mr. Marsland seconded the motion. A vote was not taken.

B. Request by the Town of Kingston to support policy statement concerning the statutory obligations of liquor licensees as state policy or regulation

The Board took no action on this item.

C. Hall of Fame Nominations

Mr. Cole moved to nominate Shirley Gomes, Izzy Thompson, Caleb Chase and Isabel Smith. Mr. McManus seconded the motion and the motion carried by a unanimous vote. Mr. McManus noted that the next part of the process is to develop write-ups for the plaques and he expects them to be available for the Board’s review in two weeks.

D. Authorize Chairman to sign Regional Economic Development Pilot Program

Mr. Cole moved to authorize the Chairman to sign on behalf of the Board. Chairman Wilkins commented that it would be appropriate in this case for the entire Board to sign the document. Mr. Cole amended his motion as such. Mr. McManus seconded the motion and the motion carried by a unanimous vote.

E. Request for funds by Habitat for Humanity from Affordable Housing Special Reserve Fund for Driftwood Lane development – Second Vote

Mr. McManus moved to authorize payment of $325,000 from the Affordable Housing Special Reserve Fund to Habitat for Humanity for the Driftwood Lane Project. Mr. Cole seconded the motion. Mr. Piekarski noted that he would still support payment of $295,000 on this request and respects the Housing Committee’s recommendation. Sue Daggett spoke on behalf of the project and urged the Board to reaffirm their vote. Chairman Wilkins noted that after further consideration he has decided to change his vote. He commented that he was caught off guard and he would be better served in the future if he knew the Housing Committee’s standards so in fairness to the applicant he will be supporting the request in the full amount. He added that he was unaware that the Community Preservation Committee had reduced the request by $5,000 and made reference to the rising costs of construction. Mr. McManus said he was unaware that the Housing Committee had any guidelines and the memo from Mr. Loftus did not indicate any guidelines when stating the position of the Housing Committee. He added that the Housing Committee has informed numerous groups that these are the Town’s guidelines when they are not. Mr. Marsland stated that the people from Habitat were blindsided and he added that he was not aware of the criteria either. Mr. Piekarski stated that the Board does not have to take the Housing Committee’s recommendation but credited them for setting up the guidelines. He added that the Board should not be addressing the guidelines. Mr. Marsland commented that the Board should at least be made aware of them. Mr. Cole remarked that he has no problem with their guidelines as long as they understand the Board is not bound by them.

Chairman Wilkins stressed that the Board is dispensing a great deal of money and they need to focus in on their role and responsibility for the fund. He suggested that the Board set up their own guidelines for the fund. The motion carried by a 4-1-0 vote with Mr. Piekarski opposing the motion.

TOWN ADMINISTRATOR’S REPORT - ACTION ITEMS

With regard to the petition article from the Wequassett Inn, Chairman Wilkins asked if this had been to the Planning Board and Mr. Merriam responded that it had not. Mr. Merriam reiterated that the petitioner had been given the wrong form by the Town Clerk’s office which had an incorrect deadline date. He questioned whether the Board wanted to include it in the warrant. The Board agreed that it was a legitimate error. Mr. McManus moved to accept the private petition article from the Wequassett Inn. Mr. Cole seconded the motion and the motion carried by a unanimous vote. Mr. McManus noted that the Planning Board will need to schedule a hearing.

Mr. Merriam reported that the Town Clerk had added hours in her operating budget which he subsequently reduced in an effort to follow the Board’s guidelines. He explained that she didn’t realize she needed to request a separate article to reconsider the additional hours and he asked if her article could be included in the warrant. Mr. Cole asked when the Town Clerk had learned that her hours had been cut from the budget and Mr. Merriam responded that it was the middle of last week which was after the deadline. Mr. Piekarski commented that they would be opening a can of worms if they allowed this to take place. Chairman Wilkins stated that the message from Mr. Lombard was common knowledge and he noted that if there is money available as we get closer to the final budget this could be added. Mr. Cole and Mr. Marsland said they would allow it to be added to the warrant. Mr. McManus moved to accept the addition of an article from the Town Clerk. Mr. Cole seconded the motion and the motion carried by a 4-1-0 vote with Mr. Piekarski opposing the motion.

Mr. Merriam reported that Assessors also submitted an article for a local option to allow National Guardsmen and reservists who are deployed out of state to defer their property taxes for up to 180 days. Mr. Marsland moved to allow it to be put into the warrant. Mr. McManus seconded the motion. After discussion with the Town Accountant the Board agreed to put it in the Annual Town Meeting Warrant. The motion carried by a 4-1-0 vote with Mr. Piekarski opposing the motion.

DISCUSSION ITEMS

A. Warrant/Budget Review

Chief Mason spoke in support of his article for six additional officers in the amount of $360,000. Mr. Cole asked if these requests include benefits and Mr. Ryan responded that they did not and generally benefits would add 36.3% to the salary. Mr. Marsland pointed out that it does not include one time expenses either and Chief Mason explained that those costs vary. Mr. McManus noted that these are Step 1 salaries that will continue to go up. Mr. Cole commented that there are staff shortages in several departments and he prefers a brief menu as opposed to a lump sum override to let the voters express their preferences where they want additional staff.

Chief Remillard spoke in support of his articles for one Firefighter/Paramedic at $79,984, one full-time Principal Clerk at $54,489 and one Captain/Paramedic/Emergency Medical Officer at $88,411. He also noted that he has submitted an article for four defibrillators. Chief Remillard and Deputy Chief Flynn took questions from the Board. Chairman Wilkins expressed his concern over the lack of coverage in East Harwich especially in light of the area’s growth in recent years as well as future development plans. He encouraged the Town Administrator and Chief to accelerate conversations with counterparts in Brewster and Chatham. Chairman Wilkins stated that his priorities are Fire, Police and Schools and he added that Harwich is going to have to come to a decision either to have one large override or smaller overrides every year in order to meet the needs of the Town. Chief Remillard echoed Chairman Wilkins’ concerns about the unmanned East Harwich fire station and discussed the difficulty in communicating the need to the public without using what has been referred to as scare tactics.

Mr. Hooper noted that he did not submit an article for any of his staffing needs on the instruction of Mr. Lombard but rather submitted a wish list in the form of a narrative. He requested one full time cemetery employee and one full time highway employee totally $128,000 as well as $36,000 in additional seasonal staffing. Mr. Hooper and Mr. Ryan took questions from the Board. Chairman Wilkins noted that the Board would have Mr. Hooper return to discuss his equipment articles.

Mr. Piekarski stated that he does not intend to support any articles for new personnel as the Board’s budget message asked for a balanced budget with no new staff. He noted that they are a policy setting Board and have no knowledge of the staffing priorities in the Town departments. He added that it is a disservice to the Town for the Board to arbitrarily decide the staffing needs and that is up to Mr. Merriam.

Chairman Wilkins recommended that the Board ask the Town Administrator to put together a planning document between now and the deadline for the warrant to come up with some priorities based on a six month assessment. He added that the Town Administrator should at the same time begin to look at savings as they evolve in the area of the insurance and bring back to the Board priorities that may be met.

B. Six-month revenue report – Town Accountant

Mr. Ryan outlined the attached report.

SELECTMEN’S REPORT

Mr. McManus distributed copies of e-mails that were sent to all the members of the Board from a committee member giving his position on an item. He noted that a Board member had responded and in doing so the entire Board was copied. Mr. McManus pointed out that e-mails sent to the entire Board should be entered into correspondence as they are public documents. He added that if a Board member responds to an e-mail, he should do so without copying the rest of the Board as that would make them a party to a deliberation that is not taking place in public.

Mr. Piekarski moved to adjourn at 10:58 p.m. Mr. McManus seconded the motion and the motion carried by a unanimous vote.

Respectfully submitted,