MINUTES
SELECTMEN’S MEETING
GRIFFIN ROOM, TOWN HALL
MONDAY, FEBRUARY 26, 2007
7:00 P.M.
SELECTMEN PRESENT: Cole, Marsland, McManus, Piekarski, Wilkins
SELECTMEN ABSENT: None
OTHERS PRESENT: Town Administrator James Merriam, Chief Remillard, Deputy Chief Flynn, David Ryan, Geoff Larsen, Manley Boyce, Tom Whelan, Leo Cakounes, Gerry Loftus, Pete Watson, Angelo LaMantia, Barbara Yamamoto, and others.
MEETING CALLED TO ORDER at 7:00 p.m. by Chairman Wilkins.
WEEKLY BRIEFING
Chief Mason reported that Officer Porter recently assisted the Chatham Police Department in subduing and taking into custody a suspect through the use of a beanbag shotgun. He commended Officer Porter for his actions. Chief Mason further reported that Officer Ulrich confiscated two pounds of marijuana at a recent routine traffic stop.
PUBLIC INFORMATION
Gerry Loftus gave a reminder that more work needs to be done after the devastation from Hurricane Katrina. He explained the current restorations projects going on and noted that donations can be made to Habitat for Humanity.
PUBLIC HEARINGS
A. Building Department Fees
Mr. Marsland read the hearing notice into record. Chairman Wilkins opened the hearing. Geoffrey Larsen, Building Commissioner, outlined the proposed fee changes and took questions and comments from the Board. No one from the public appeared to give testimony. Mr. Piekarski moved to close the hearing. Mr. Marsland seconded the motion and the motion carried by a unanimous vote. Mr. McManus moved to adopt the proposed Building Permit Fee Schedule as proposed by the Building Official in his letter of February 15, 2007. Mr. Marsland seconded the motion. Mr. Merriam further described the rationale behind the increase. The motion carried by a unanimous vote.
CONSENT AGENDA
A. Minutes –
1. February 5, 2007 – Regular Session
2. February 12, 2007 – Executive Session
3. February 20, 2007 – Executive Session
Mr. Piekarski requested to remove Item #3 from the Consent Agenda. Mr. Cole moved to approve the minutes of February 5, 2007 Regular Session and February 12, 2007 Executive Session. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.
Mr. McManus moved approval of the Executive Session minutes of February 20, 2007. Mr. Marsland seconded the motion and the motion carried by a 4-0-1 vote with Mr. Piekarski abstaining from the vote.
TOWN ADMINISTRATOR’S REPORT
Mr. Merriam delivered the following report:
FY 07 Budget
Dolly Parkhurst has advised me that her Health Trust Fund projection is -$410,722 for year end. The Employees Group Health Advisory Committee met with Harvard Pilgrim representatives this week to consider the addition of their plan. Gary Costin has advised that we will be charged $109,000 more under School Choice this year under our Cherry Sheet assessment.
FY 08 Warrant
Included in your packet is an updated list of articles including proposed funding sources. I have reduced the Police Station architect fee to $470,000 which includes only the design phase for Kaestle Boos and CMS, not the construction phase. We will add language in the article referencing the debt exclusion. We’ve added columns for Selectmen votes and Finance Committee. FinCom started voting Thursday night. We’ve deleted the Water Dept. funding for FY 07 raises because there is sufficient money in their current budget. We’ve added an article in the Special regarding acceptance of MGL Ch.32B, section 18 which addresses mandatory Medicare coverage for eligible retirees. We amended the Whitehouse Field lights language to make it contingent upon a grant
for to replace all the lights and poles.
Dennis Hoye has submitted a proposal for golf rate increases effective May 2008 which will more than offset his request to supplement his budget by $46,000 for additional staffing. This proposal would not require any general fund or override monies. It would be an increase in local receipts. Dennis advises me that the Golf Committee has not yet decided whether to support the proposal.
The Finance Committee offered to me suggestions that your Board should only include articles in the warrant that you can support and delete those that you cannot. They also liked the idea of including specific language in the article for a Prop 2.5 override if that is the intended funding source. Finance Committee voted to support amendment #1.
Earle Road Beach
The Community Preservation Committee met on Thursday night and voted to approve the Youth and Recreation Committee request for $35,000 to complete the Earle Road Beach project. That article is on the Special with funding from CPC. As you know, the scope is reduced to delete 11 spaces, one catch basin for a savings of $15,000.
Allen Harbor
Joe Borgesi opened bids on Thursday for rebuilding the boat ramp. While we received five bids, the lowest was for $88,000 and the budget only has $50,000, so we need to find supplemental funding.
Joe has requested Coastal Engineering to modify the dredging permit so that we can deposit materials at Red River Beach. Tom Leach has Barnstable County scheduled for dredging on May 15th. Including Highway’s $18,000, we have funding for 5,700 cubic yards of material. We will distribute that material between Earle Road, Grey Neck and Red River according to our belief that the first priority is that this material nourish our beaches. It has been estimated that there is over 14,000 cubic yards of material to dredge from Allen Harbor. Tom would like permission to approach the homeowners association to the east of the harbor to see if they are willing to contribute to the additional dredging so that they could nourish their private beaches simultaneously. It sounds like a
win-win where the Town benefits from more dredge materials out of the Harbor and the residents benefit from more dredge materials available to nourish their beaches. We cannot afford to remove all of the materials necessary for the channel and we no longer can afford to give sand away for free. We have had staff meetings to craft a beach nourishment master plan which will reflect these themes.
Meetinghouse Road
John Giorgio will be offering us some assistance regarding how we can borrow money to fix private ways. Brewster secured special legislation.
Dog Hearing
Our office has received a letter requesting a dog hearing as a result of a second bite. My office advises me that your Board has delegated the task to me, so I’ll proceed to set the date to conduct this hearing.
400 Club
Several permitting departments have communicated with Mr. James Peterson regarding the requirement of proper permits before work proceeds any further.
Employee Group Auto Discount
Paul Silva from BY&D has offered to extend this discount of 5% which has been available since 1998. He currently offers the discount to 58 employees covering 114 vehicles. If the Board has no objection, I’ll so inform Mr. Silva.
Highway Fuel
Pete Watson informs me that the Capital Budget Committee amended its plan to include the $210,000 request to replace the Highway Dept. fuel tanks in FY 08. The current fuel supplier through Barnstable County has agreed to reduce his price effective March 1st for the balance of this fiscal year as well as extend for FY 08. We checked with the State contract and found Dennis Burke out of Chelsea selling for 31 cents less per gallon, based on the current Boston price.
Assistant Town Administrator
In order to meet your expectations and goals, I would highly recommend that the position of Assistant Town Administrator be filled. Two areas that should be addressed is purchasing and personnel administration, both of which should have individuals who perform those tasks. As an initial step, I would have the assistant set up those functions.
Chairman Wilkins noted that the individual Board members have already recommended to Mr. Merriam that he hire an assistant. The Board encouraged Mr. Merriam to move ahead on this.
Mr. Cole moved to approve the recommendation from the Capital Outlay Committee to include an item in the FY08 Budget for replacing fuel storage tanks at the Highway garage for $210,000. Mr. McManus seconded the motion. Pete Watson described the rationale for the Committee’s recommendation. Mr. Piekarski stated that he would rather wait until next week on this item when they have a revised plan. Mr. Cole withdrew his motion.
Mr. Merriam reported that he will be putting together an RFP for Jenkins Bog.
ACTION ITEMS
A. Herring River Conservation Area Cranberry Bog Request for Proposal
Mr. Merriam pointed out that Town Counsel has recommended that the second paragraph on Page 2 be reworded to read: “There shall be no assignment or subletting of the leased premises without the prior written consent of the Board of Selectmen.” He recommended the Board accept the RFP with this language.
Mr. Piekarski moved to accept the RFP with the suggested corrections as recommended by the Town Administrator. Mr. McManus seconded the motion. Mr. Cakounes and Mr. Merriam answered questions from Mr. Cole regarding the RFP. Mr. Cakounes stated that he will not be bidding on this lease. Alan Hall expressed his interest in the proposal and commented that he hopes the RFP reflects the management practice for cranberry cultivation in order to keep the bog going for future generations. The motion carried by a unanimous vote.
DISCUSSION ITEMS
A. Director of Public Safety
Chairman Wilkins gave the background history on this item and read the attached letter from Mr. Merriam. Mr. Marsland agreed with Mr. Merriam’s assessment that having a Director of Public Safety would not work well in this Town. Mr. Piekarski commented that he was hoping to see a spreadsheet with the structure breakdown and dollar figures attached. He urged that they do a more in-depth study. Barbara Yamamoto encouraged the Board to appoint Mr. Flynn to the position of Fire Chief and not consider appointing a Director of Public Safety. Mr. Cakounes pointed out that having a Director of Public Safety would require a Charter change.
Mr. Marsland moved to accept the Town Administrator’s recommendation that the Board proceed to fill the position of Fire Chief. Mr. Cole seconded the motion. Mr. Piekarski stated that he did not know they would be taking action tonight and added that he would be voting against this as he would like to see the additional information. Mr. Wiegman encouraged the Board to seek the advice of Town Counsel with regard to posting the position and Chief Remillard responded that this is a promotion in the same manner as when he was appointed Chief. The motion carried by a 4-1-0 vote with Mr. Piekarski in opposition.
B. Fire Chief Appointment
Chairman Wilkins read the attached letter of recommendation from Mr. Merriam to appoint William L. Flynn to the position of Fire Chief. Mr. Marsland stated that he agrees wholeheartedly that William L. Flynn should be the next Fire Chief in Harwich and moved to make the appointment. Mr. Cole seconded the motion. Mr. Piekarski stated that although he would have preferred conducting a search, he would support the appointment of Mr. Flynn. He noted that his preference is in no way a reflection on Mr. Flynn. Mr. McManus stated that for reasons cited by the Town Administrator and those who have worked with Mr. Flynn, he makes an outstanding candidate who is uniquely qualified to lead the Department. He added that Mr. Flynn is well trusted by our neighboring departments and is similarly well
known and trusted internally. The motion carried by a unanimous vote.
Deputy Chief Flynn thanked Mr. Merriam and the Board for their vote of confidence. He commended the Department for being one of the best on the Cape and said he would continue to work in an honest and fiscally responsible manner. Chief Remillard stated that this appointment will provide for a very smooth transition and he encouraged the Board to assist Mr. Flynn in providing for continued success of the Department through adequate funding and staffing. Mr. Marsland moved to authorize the Town Administrator to enter into contract negotiations with Mr. Flynn. Mr. McManus seconded the motion and the motion carried by a unanimous vote.
C. Award of Contract for West Harwich School Building and Recreation Building on Sisson Road
The Board discussed the recommendation of Mr. Cole and Mr. McManus as described in their letter of February 21, 2007 (attached). Mr. Piekarski moved to accept the shorter version of the Agreement for Suitability Analysis, Concept Planning, and Pre-Development Analysis. Mr. Cole seconded the motion and explained that if they go with the shorter document, a timeframe will need to be discussed and something will need to be done with the dates. The Board took comments from Mr. Loftus and Mr. Cakounes. Chairman Wilkins pointed out that due to lack of a quorum, the Historical Commission was not familiar with the document. Mr. McGillen noted that he serves on both the Historical Commission and Historic District Commission and he has no familiarity with this issue. Mr. Cole commented that
neither committee had a quorum during the time this was going on. Mr. McManus reported that the proposals came in at the beginning of November and copies of each were delivered to the Historical Commission and Housing Committee. He added that the proposal is currently on the desk in the Albro House and that when the committees were combined they did hold a meeting at the end of December. Mr. McGillen stressed that he has never seen the RFP. Mr. McManus further explained that when he attended a meeting of the Historical Commission over the summer, the RFP was distributed. Mr. McManus pointed out that this is a Historical Commission project and the Historic District Commission is going to sit in judgment of the proposals.
Mr. Piekarski restated his motion as follows: To approve the short document titled “Agreement for Suitability Analysis, Concept Planning, and Pre-Development Analysis” and to allow the Town Administrator to fill in the appropriate dates upon signing. The motion carried by a unanimous vote. Mr. McManus stressed that Town staff needs to oversee the process and Chairman Wilkins requested that the Town Administrator handle seeing to that.
D. Municipal Partnership Act
Chairman Wilkins stated that the Board would address this item at their next meeting.
E. Warrant and One-Liners Review
1. Community Center Equipment Articles
Carolyn Carey reviewed her articles. Mr. McManus moved to include in the warrant the articles for the Koko Smarttrainer, elliptical trainer and six basketball winches. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.
Mr. McManus moved to include Article 32, Replacement of Floors at the Community Center, in the warrant. Mr. Marsland seconded the motion. The motion carried by a 4-0-1 with Mr. Cole abstaining from the vote.
2. Committee Articles
George Boulé outlined Article 66, Fund Seasonal Staffing at the Golf Course. He explained the plan to generate new revenue to offset this cost. Mr. Piekarski moved to remove Article 66 from the warrant. Mr. McManus seconded the motion and the motion carried by a unanimous vote.
Mr. McManus moved to ask the Town Administrator to prepare an amendment to put this into the budget and that we schedule a public hearing to consider the fee increases. Mr. Boulé clarified that there will be some fee increases for the driving range and practice facility that will need to be approved before May and the other projections would be for next year. Mr. McManus stated that the motion is for the fee structures that need to be in place this May. Mr. Cole seconded the motion. Mr. Piekarski stated his preference to have the hearing before the budget amendment. Mr. McManus pointed out that if they do the budget amendment afterward they won’t be able to approve the budget before the warrant goes to the printer so the adjustments will have to be made on Town Meeting floor.
The motion carried by a 4-1-0 vote with Mr. Piekarski in opposition.
Mr. McManus moved to extend the meeting for 15 minutes. Mr. Piekarski seconded the motion and the motion carried by a unanimous vote.
Robin Kelly, Cemetery Administrator, spoke in support of Article 77, Pine Grove Article Authorizing Selectmen to File Special Legislation, and Article 78, Kelley Cemetery Adjacent Lands Eminent Domain Proceeding. Mr. McManus moved to keep Articles 77 and 78 in the warrant. The motion carried by a unanimous vote.
Barbara-Anne Foley spoke in support of Article 64, Fund Part-time Program Volunteer Coordinator for COA, and Article 65, Fund Additional Hours for Part-time Outreach Coordinator for COA. Mr. Piekarski moved to strike Articles 64 and 65 from the warrant. Mr. Marsland seconded the motion reluctantly. The Board discussed the articles at length. The motion failed by a 1-4-0 vote with Chairman Wilkins, Mr. McManus, Mr. Cole and Mr. Marsland in opposition.
ADJOURNMENT
Mr. McManus moved to adjourn at 11:55 p.m. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.
Respectfully submitted,
Ann Steidel
Recording Secretary
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