Town of Harwich Massachusetts - Minutes

SELECTMEN’S MEETING

GRIFFIN ROOM, TOWN HALL

MONDAY, MARCH 26, 2007

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

SELECTMEN ABSENT: None

OTHERS PRESENT: Town Administrator James Merriam, Lincoln Hooper, Barbara-Anne Foley, Dennis Hoye, George Boulé, Shawn Fernandez, Jack Brown, Paul Widegren, and others.

MEETING CALLED TO ORDER at 7:05 p.m. by Chairman Wilkins.

Chairman Wilkins explained that the Board just came out of Executive Session where they discussed real estate matters with Town Counsel.

No one appeared before the Board.

PUBLIC INFORMATION

No one appeared before the Board.

A. Approve Seasonal Liquor and General License Renewals (due to State on 4/2)

B. Minutes – March 5, 2007 Regular Meeting

C. Caleb Chase Requests

Mr. Cole requested to hold Item B and Mr. Piekarski requested to hold Item C1. Mr. Cole moved to approve Items A and C2 under the Consent Agenda. Mr. Marsland seconded the motion and the motion carried by a unanimous vote. With regard to Item B, Mr. Cole moved to approve with the addition of the following text at the bottom of Page 4: “Mr. Cole moved to amend the motion by changing the number 6 to 2 and subsequently withdrew his motion.” Mr. Piekarski seconded the motion and the motion carried by a unanimous vote. Regarding Item C1, Mr. Piekarski stated that he disagreed with the rationale for the request and therefore would not be supporting it. Mr. McManus moved to grant the relief and pay a utility bill in the amount of $416.48 from the Caleb Chase Fund. Mr. Marsland seconded the motion. Mr. Cole requested more information on the request. The motion failed by a 1-4-0 vote with all but Mr. McManus in opposition. Mr. McManus directed Mr. Merriam to personally investigate the request and report back.

TOWN ADMINISTRATOR’S REPORT

Mr. Merriam delivered the following report:

Charlie Sumner has informed me that the $150,000 State Grant will be issued prior to June 30^th. Brewster will receive and administer the grant.

The Board agreed to send thank you letters to Representative Peake and Senator O’Leary for their assistance in securing the grant for this project.

The first two days of four planned days of testimony have been given before the Energy Facilities Siting Board this week. I spoke to Attorney Jonathan Klavens who updated me on the proceedings. Yarmouth Town Administrator Bob Lawton appreciated our offer to share the costs equally between the three towns. At County Commissioner Bill Doherty’s suggestion, we have notified our legislative delegation of our case before the Energy Facilities Siting Board.

Chief Mason has advised that he and his staff have chosen a candidate to fill the vacancy of Officer Jim Cheverie. Subject to completion of the tests, Keith Kanally will be presented to you as their recommendation. Chief Mason is planning to meet the April Recruit Training Academy in Plymouth.

An idea has been generated to explore whether Sovereign Bank would be interested in selling their new East Harwich Branch Bank to the town for use as a Police Station. Chief Mason has researched that according to our Assessor’s and Building Inspection Departments, it only has 5,386 s.f., that represents 43% of their current station and 22% of their proposed station. The proposed station is being planned for approximately 25,000 s.f.

Schoolhouse Parking Lot

Jeff Carter advises me that a modular home is planned for delivery to Miles Street on April 12^th and the construction company has requested permission to store overnight in the Schoolhouse Parking lot.

Barry Worth and I discussed interference between our High School site and the Chatham airport as well a radar sites for any turbines in excess of 231 feet. Barry informed me that the Mass Maritime and Hull turbines are approximately 250 feet. We concluded that we would more likely succeed if we did not pursue 400 foot high turbines. A voluminous copy of Barry’s report and associated studies is in your correspondence.

I volunteered on Wednesday to join the volunteers and deliver meals to the shut ins. It was a rewarding experience to meet several Harwich residents in their homes. There are 60 meals delivered daily. 12,062 meals were delivered to Harwich residents in 2006.

Cape Cod Times Response

Enclosed in your packet is a copy of the response I sent at your request to the Cape Cod Times regarding George Brennan’s March 13^th story on municipal cars.

Saquatucket Harbor Channel

Included in your office is a letter written to send to U.S. Senators Kennedy and Kerry and Congressman Delahunt seeking federal funding to dredge the channel and deposit the spoils on Town beaches. A similar letter has been sent to the Chamber of Commerce asking them to solicit Federal support for the dredging as it impacts upon our local economy.

Second Liquor Licenses

Ann has provided a short summary of the proposed fees for two establishments who wish to add second licenses because there are no additional All Alcohol Common Victualler Licenses available.

Attached is a map locating a parcel of land that the Housing Committee has inquired about south of Route 28 near the Chatham line. It was acquired by the State in 1973 for Drainage purposes.

The Board discussed a letter from the Health Insurance Advisory Committee dated March 22, 2007 and took no action.

A. Letter from HECH dated March 14, 2007

Chairman Wilkins outlined the letter as background information for the Town Meeting article discussion. The Board discussed and reached a consensus that there needs to be a mechanism in place to sustain Human Services on an annual basis.

A. Town Hall hours of operation

Mr. Merriam explained that the current hours of operation have been successful and there have been very few complaints. He noted that people are taking advantage of the Monday night hours and it is well accepted. He added that there is an opportunity for employees to work the traditional hours as well. Mr. Merriam recommended that the current hours of operation continue. Mr. McManus moved to continue it until such time as negotiations in the new contract can establish it on a more permanent basis. Mr. Cole seconded the motion. Chairman Wilkins stated that Mr. Merriam should monitor how non-residents are affected by this over the summer months. The motion carried by a unanimous vote.

B. Approval of proposed Golf fees for Range/Practice Facility Memberships

Mr. Boulé and Mr. Hoye outlined the proposed fees and took questions and comments from the Board. Richard Gundarson also appeared before the Board to comment on the fees. Mr. McManus moved to approve the fee as presented. Mr. Cole seconded the motion. The motion carried by a 4-1-0 vote with Mr. Marsland in opposition.

C. Catch Basin Contract Extension – Highway and Maintenance

At Mr. Merriam’s recommendation, Mr. McManus moved approval. Mr. Piekarski seconded the motion. Mr. Hooper answered questions from the Board and the motion carried by a unanimous vote.

D. Approve Budget Amendment #2, Item #II Golf Fees

Mr. Marsland disclosed that his son, at times, works at the Golf Course and he noted that for that reason he would be recusing himself on this item. Mr. McManus moved to approve Budget Amendment #2, Item #II, in the amount of $46,000. Mr. Cole seconded the motion and the motion carried by a 4-0-0 vote.

E. Approve Budget Amendment #3, Items #II & #III Town Hall copier & COA Outreach Worker

Mr. Cole moved to approve Operating Budget Amendment #3, Item II. Mr. Marsland seconded the motion. The motion carried by a 3-2-0 vote with Mr. Piekarski and Mr. McManus in opposition.

After extensive discussion regarding Amendment #3, Item #III with Barbara-Anne Foley, the Board agreed that they are still open to pursuing additional hours for the COA Outreach Worker but not in the proposed manner.

F. Vote Town Meeting Articles

Mr. Marsland recused himself on the budget. Mr. McManus moved to approve the budget through Amendment 2 and Amendment 3, #I and #II. Mr. Cole seconded the motion. The motion carried by a 3-1-0 vote with Mr. Piekarski in opposition.

Mr. McManus moved to support Article 18, Fund Road Maintenance, for $1,000,000 from exempt debt. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

Mr. McManus moved to support Article 19, One New Roll-Off Truck, for $170,000 from exempt debt. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

Mr. McManus moved to support Article 20, Fuel Storage Tanks, at $210,000 from exempt debt. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

Mr. McManus moved to support Article 21, Fund New Water Department Projects and Equipment, for $700,000 from the Water Enterprise Fund. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

Mr. McManus moved to support Article 22, Fund New Water Equipment, for One New Posi-Track Skid Steer Loader at $42,000, Two 100 yard trailers for C&D Waste at $90,000, One New Koko Smartrainer for Weight Room at $10,465, One New Training System to Replace Elliptical Trainer at $4,598, Six New Electrical Basketball Winches at $15,500, and Four Medtronic LifePak Monitors and Related Equipment at $85,000, and that they be funded from free cash. Mr. Cole seconded the motion and the motion carried by a unanimous vote.

Mr. McManus moved to support Article 23, Fund Repair/Replacement of Town HVAC Units, at $100,000 from free cash. Mr. Cole seconded the motion. The motion carried by a 4-1-0 vote with Mr. Piekarski in opposition. Chairman Wilkins asked Mr. Merriam to identify the units that need to be taken care of.

Mr. McManus moved to support Article 24, Purchase or Lease New Truck for Water Department, at $29,185 from the Water Department Enterprise Fund. Mr. Cole seconded the motion and the motion carried by a unanimous vote.

Mr. McManus moved to support Article 25, Fund Improvements to Septic Treatment System at Schools, at $34,000 from free cash. Mr. Cole seconded the motion and the motion carried by a unanimous vote.

Mr. McManus moved to support Article 26, Fund Purchase of Four Modular Replacement Classrooms at High School, with $110,639 from free cash and $82,284 being transferred from bond funds. Mr. Cole seconded the motion and the motion carried by a 4-1-0 vote with Mr. Piekarski in opposition.

Mr. McManus moved to support Article 27, Fund Building Maintenance at the Schools, at $87,350 from free cash. Mr. Marsland seconded the motion. The motion carried by a 4-1-0 vote with Mr. Piekarski in opposition.

Mr. McManus moved to support Article 28, Fund Project Contemporary Competitiveness, at $12,000 from free cash. Mr. Marsland seconded the motion. The motion carried by a 4-1-0 vote with Mr. Piekarski in opposition.

Mr. McManus moved to support Article 29, Fund Technology Hardware and Software for School Department, at $54,306 from free cash. Mr. Marsland seconded the motion. The motion carried by a 4-1-0 vote with Mr. Piekarski in opposition.

Mr. McManus moved to support Article 30, Accept Funding For Maintenance, Repair And Construction Of Primary Roads, at no cost. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

Mr. McManus moved to support Article 31, Replace a Portion of Roof at Highway Maintenance Building, at $24,500 from free cash. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

Mr. McManus moved to support Article 32, Remove/Replace Light Pole and Fixtures at Whitehouse Field, at $40,000 from free cash. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

Mr. McManus moved to support Article 33, Replacement of Floors at Community Center, at $28,550 from free cash. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

Mr. McManus moved to support Article 34, Dredging Reserve Fund, with $40,000 from free cash and $60,000 from the Waterways Management Fund. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

Mr. McManus moved to support Article 35, Skinequit Pond Restoration Project, at $1,800. Mr. Marsland seconded the motion. Mr. McManus commented that the money should be coming from an old article and Mr. Ryan agreed. The motion carried by a unanimous vote.

Mr. McManus moved to support Article 50, Acquisition of Tax Title Property, at a cost of $40,000 to come from the CPC fund. Mr. Marsland seconded the motion. Mr. McManus stated that this would be in compliance with CPC specifications. Mr. Piekarski questioned who would make the decision as to the parcel use and whether it would go back to Town Meeting. He also expressed concern that the Board has not seen what the properties are. The Board discussed this article at length with Mr. Brown and Mr. Widegren. Mr. Piekarski stated that he is not prepared to support having the parcels fall only to the structure of the CPC as there may be other uses. Chairman Wilkins stated that he prefers to hold on this as he is not clear on the procedure. Mr. McManus withdrew his motion and the Board agreed to hold on this article.

Mr. McManus moved to support Article 52, Maintain, Update and/or Certify Real/Personal Property Valuations, at $21,000 from free cash. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

Mr. McManus moved to support Article 53, Human Services Article, at $76,500 from free cash. Mr. Marsland seconded the motion. The motion carried by a 4-0-1 vote with Mr. Cole abstaining from the vote.

Mr. McManus moved to support Article 54, Fund Munis Chart of Account Revision, at $41,800 from free cash. Mr. Piekarski seconded the motion and the motion carried by a unanimous vote.

Mr. McManus moved to support Article 55, Fund Police and Fire Claim Trust Account, at $4,000 from free cash. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

Mr. McManus moved to support Article 56, Amend Harwich Employees Association Compensation Plan and Job Descriptions, at $25,000 from free cash. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

Mr. McManus moved to support Article 57, Contract to Conduct Demographic Study, with no cost yet identified. The motion was not seconded. Chairman Wilkins commented that he would prefer to have only one study this year and that it be the Benchmark Study. The Board agreed to take no position on this article.

Mr. McManus moved to support Article 58, Contract to Conduct Benchmark Study, to be funded from free cash. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

Mr. McManus moved to support Article 59, Supplement Fund for Cultural Council Activities, at $2,500 from free cash. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

Mr. McManus moved to support Article 60, Fund Expenses Associated with Cost of Flu Clinic, at $7,500 from free cash. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

Mr. Marsland moved to accept Article 61, Mass General Law Chapter 59, Section 5L. Mr. McManus seconded the motion and the motion carried by a unanimous vote.

Mr. Marsland moved to accept Article 62, Amend By-Law – Use of Materials Containing Perchlorate. Mr. Cole seconded the motion and the motion carried by a unanimous vote.

Mr. Marsland moved to approve Article 63, Accept New Section of Mass General Laws – Ch. 39, Sec. 23. Mr. Cole seconded the motion and the motion carried by a unanimous vote.

Mr. Marsland moved to approve Article 64, Accept New Section of Mass General Laws – Ch. 40, Sec. 22. Chairman Wilkins seconded the motion. The motion carried by a 4-1-0 vote with Mr. McManus in opposition.

Mr. Marsland moved to approve Article 65, Animal Control By-Laws and Penalties. Mr. Cole seconded the motion and the motion carried by a unanimous vote.

Mr. Marsland moved to approve Article 66, Animal Control By-Law – Kennel Licenses. Mr. McManus seconded the motion and the motion carried by a unanimous vote.

Mr. McManus moved to support Article 67, Town By-Law – House Numbering. Mr. Cole seconded the motion. The motion carried by a 3-2-0 vote with Mr. Piekarski and Mr. Marsland in opposition.

Mr. Cole moved to approve Article 68, Establish Council on Aging Revolving Fund. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

Mr. Cole moved to approve Article 69, Wireless Tower on Water Storage Facility. Mr. McManus seconded the motion and the motion carried by a unanimous vote.

Mr. Cole moved to approve Article 70, Pine Grove Article to File Special Legislation with General Court. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

Mr. Cole moved to approve Article 71, Kelley Cemetery Adjacent Lands Eminent Domain Proceeding. Mr. McManus seconded the motion and the motion carried by a unanimous vote.

Mr. Cole moved to approve Article 72, Harwich Historical Society Lease Agreement. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

Mr. Cole moved to approve Article 73, Sell Parcels of Land Owned by the Town. Mr. Piekarski seconded the motion. Mr. Cole noted that the Board needs to go through the list of parcels. The Board agreed to hold on this article.

Mr. Cole moved to approve Article 74, Acquire Properties Assessed to Cape Cod Hospital. Mr. McManus seconded the motion. The motion carried by a 4-1-0 vote with Mr. Piekarski in opposition.

The Board agreed to hold on Article 75, Acquire Downey Property.

Mr. Cole moved to approve Article 76, Fund Reconstruction of Cove Road, Old Post Road and Wayside Road at $175,000 to be funded via exempt debt. Mr. McManus seconded the motion. The motion carried by a 3-2-0 vote with Mr. Piekarski and Mr. Marsland in opposition.

Mr. Cole moved to approve Article 77, Defray Expenses – Chase and Harwich Port Libraries. Mr. McManus seconded the motion noting the amount as $22,630 coming from free cash. The motion failed by a 1-4-0 vote with Chairman Wilkins, Mr. Piekarski, Mr. Marsland and Mr. Cole in opposition.

Mr. Cole moved to approve Article 78, Promote the Town of Harwich, at $12,000 from free cash. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

Mr. Cole moved to support Article 79, Amend Designations of Town Zoning Districts. Mr. Marsland seconded the motion. The motion carried by a 4-1-0 vote with Mr. Piekarski in opposition.

Mr. Marsland moved to support Article 80, Fund Solar Energy System at Town Hall. The motion was not seconded. Mr. Cole moved to indefinitely postpone Article 80, Fund Solar Energy System at Town Hall. Chairman Wilkins seconded the motion. After discussion, Mr. Cole withdrew his motion and the Board agreed to hold Article 80 and 81, Fund Solar Energy System at Community Center, and have the petitioners in to discuss the articles.

Mr. Marsland moved to support Article 82, Defray Costs of the Harwich Athletic Association. Mr. McManus seconded the motion and the motion carried by a unanimous vote.

Mr. Marsland moved to support Article 83, Compensating Balance Agreement. Mr. McManus seconded the motion and the motion carried by a unanimous vote.

Mr. Marsland moved to support Article 84, Liability Tidal/Non-Tidal Rivers. Mr. McManus seconded the motion and the motion carried by a unanimous vote.

Mr. Marsland moved to support Article 85, Herring Fisheries. Mr. McManus seconded the motion and the motion carried by a unanimous vote.

Mr. Marsland moved to support Article 86, Unpaid Bills. Mr. McManus seconded the motion and the motion carried by a unanimous vote.

Mr. Marsland moved to support Article 87, Stabilization Fund. Mr. McManus seconded the motion and the motion carried by a unanimous vote.

Special Town Meeting

Mr. Marsland moved to approve Article 1, Fund Police and Fire Claims Fund Account, at $13,900 from free cash. Mr. McManus seconded the motion and the motion carried by a unanimous vote.

Mr. Marsland moved to support Article 2, Construct Parking Lot at Earle Road Beach, at $35,000 from CPC funds. Mr. Piekarski seconded the motion and the motion carried by a unanimous vote.

Mr. Marsland moved to support Article 3, Fund Highways and Maintenance Contract Agreement, at $22,560 from free cash. Mr. McManus seconded the motion and the motion carried by a unanimous vote.

The Board agreed to hold on Article 4, Fund Negotiated Contract – Police Superior Officers.

Mr. McManus moved to support Article 5, Replace Pilings at Wychmere and Saquatucket Harbors, at $125,000 with $102,734 from free cash and $22,266 from old Article #696013. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

Mr. McManus moved to support Article 6, Fund General Health Insurance Trust Fund, with $268,282 coming from free cash. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

Mr. McManus moved to support Article 7, Supplement FY 2007 School Operating Budget, at $52,500 coming from free cash. Mr. McManus seconded the motion. Mr. Merriam noted that this is not a firm number. Mr. Marsland withdrew his motion. Mr. Marsland moved to support Article 7, Supplement FY 2007 School Operating Budget. After discussion the Board agreed to hold this article.

Mr. McManus moved to support Article 8, Inter-Municipal Agreement / Road Betterment Project

Medicare Extension Plans. Chairman Wilkins seconded the motion. The motion carried by a 3-2-0 vote with Mr. Piekarski and Mr. McManus in opposition.

Mr. McManus moved to support Article 9, Medicare Extension Plans – Mandatory Transfer of Retirees. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

Mr. Marsland moved to approve Article 10, Extension of Allen Harbor Boat Ramp, at $42,000 from free cash. The motion was not seconded. The motion carried by a unanimous vote.

Mr. Marsland moved to approve Article 11, Change Senior Exemption from $500 to $600, at $6,000 from free cash. Mr. McManus seconded the motion and the motion carried by a unanimous vote.

Mr. Marsland moved to approve Article 12, Senior Citizen Tax Work-Off Program. Mr. McManus seconded the motion and the motion carried by a unanimous vote.

Mr. Marsland moved to approve Article 13, Demolition Delay Proposed By-Law Change. Mr. McManus seconded the motion and the motion carried by a unanimous vote.

Mr. Marsland moved to approve Article 14, Intent Requirement Proposed By-Law Change. Mr. McManus seconded the motion and the motion carried by a unanimous vote.

Mr. McManus noted that the Planning Board still needs to hold hearings on the following articles and the Board agreed to hold on them:

Article 15, Amend Zoning By-Law – Board of Appeals Fees

Article 16, Amend Zoning By-Law – Regulations for Wind Energy Systems

Article 17, Amend Zoning By-Law – Wind Energy System in Industrial (IL) District

Article 18, Amend Zoning By-Law – Wind Energy System in Commercial Districts

Article 19, Amend Zoning By-Law – Non-Conforming Structures

Article 20, Amend Zoning By-Law – Non-Conforming Uses

Mr. McManus moved to support Article 21, Supplemental Funds for Cranberry Valley Fuel Tank Project, at $9,500 from free cash. Mr. Cole seconded the motion and the motion carried by a unanimous vote.

Mr. McManus moved to support Article 22, Fund Clean-up Costs for Police Station Oil Spill, at $15,000 from free cash. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

DISCUSSION ITEMS

A. Draft Special Town Meeting Warrant

Mr. McManus moved approve of the Special Town Meeting Warrant as presented to go to print. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

Chairman Wilkins requested that the Board review the Citizen Survey and commented that they should try to align it with the Benchmark Study.

SELECTMEN’S REPORT

Mr. Marsland recommended that staff send a thank you letter to the Cakounes family for the meal on Harwich Civic Spirit Day.

The meeting adjourned at 10:55 p.m.

Respectfully submitted,