Town of Harwich Massachusetts - Minutes

SELECTMEN’S MEETING

GRIFFIN ROOM, TOWN HALL

MONDAY, APRIL 23, 2007

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

SELECTMEN ABSENT: None

OTHERS PRESENT: Town Administrator James Merriam, Deputy Chief Flynn, Barbara Anne Foley, Ronald Leidner, Gabriel Leidner, Thomas Sharry, Donald Howell, Susan Rohrback, and others.

MEETING CALLED TO ORDER at 7:00 p.m. by Chairman Wilkins.

Chairman Wilkins explained that the Board had just come out of Executive Session where they discussed contract negotiations and deployment of Police personnel. He noted that contract negotiations are going to be continued later in the evening.

Deputy Chief Flynn reported that the Harwich Fire Department received notification from the Executive Office of Public Safety that their grant application in the amount of $5,300 has been approved and he explained that it will be used toward communication equipment.

PUBLIC INFORMATION

No one appeared before the Board.

A. Caleb Chase Request A

B. Caleb Chase Request B (tabled from April 4, 2007 meeting)

C. Gift of Bench for Red River Beach

1. March 26, 2007 Regular Meeting

2. April 4, 2007 Executive Session

3. April 4, 2007 Regular Meeting

E. Approve One-Day Entertainment License for Cape Cod Classics for August 12^th

F. Approve Common Victualler License for Casa di Babbo

G. Approve Junk Dealer License Renewals

H. Approve Chapter 90 Project requests

Mr. McManus moved approval of the Consent Agenda and the recommended actions thereon with the exception of Items D1 and D3. Mr. Cole seconded the motion and the motion carried by a unanimous vote.

With regard to Item D1, the Board agreed that Chairman Wilkins had seconded the motion to support Article 64 on page 7. With regard to Item D3, the Board agreed that the minutes should specify a dollar amount for Budget Amendment 3 on page 5.

Mr. McManus moved approval of Item D1 with the amendment on page 7, that in the sixth motion it be noted that Chairman Wilkins seconded the motion. Mr. Marsland seconded the motion and the motion carried by a unanimous vote. Mr. McManus moved to table Item D3 until the next meeting. Mr. Cole seconded the motion and the motion carried by a unanimous vote.

TOWN ADMINISTRATOR’S REPORT

Mr. Merriam delivered the following report for the week ending April 13, 2007:

The Legislature voted a Local Aid Resolution on April 4^th (see attached). It is higher than Governor Patrick’s in two line items. Chapter 70 increased by $88,418 and Exemptions for Vets, Blind and Surviving Spouses increased by $31,750. This places our recommended budget closer to my original projection prior to Governor Patrick’s House 1 Budget.

Municipal Partnership Act

Representative Peake provided us with a projection from the Telecommunications Loophole closing of $38,845 more if approved by the Legislature. ( FY 07 current is $18,400 to FY 08 projected if approved of $57,245)

Old Rec Building/ West Harwich School

A joint meeting of the Historic Commission, Cultural Council and Housing Committee was held on April 9^th. Everyone reviewed the Town Meeting votes and the scope of services for the Architect. On April 12^th, we received existing conditions from Menders, Torrey and Spencer. Our next meeting is scheduled for April 20^th.

A meeting was held on April 11^th at George Boule’s request to discuss Selectmen/ Golf Committee communications and relations. Those in attendance were George, Dennis Hoye, Chairman Wilkins, Liaison Dave Marsland and myself. Our discussion revolved around who sets golf policy, how we should communicate between the Board, Committee and staff as well as how we define the fee setting process.

Sue Leven and I met with Bob Murray to discuss HECH’s history and to gather information to respond to questions raised by Matt McCaffery. Mike Ford sent me a very large file on the Factory Road Property. Mike identified HECH’s reporting requirement to your Board and Town Meeting which I have conveyed to Bob.

Attached is a copy of a 2003 presentation by Peter Francese, Founder of American Demographics Magazine. I provide this to you in relation to my request to Mr. Francese to provide us with a quote for the town meeting article.

Update on Land Use Cases

Attorney Barbara St. Andre has provided us with a brief summary of recent cases involving zoning, comprehensive permits and environmental.

Saquatucket Harbor Channel

Tom Leach’s response to our inquiry regarding the impact of the shallow channel on the Ferry Schedule is attached. The next step is the County survey to better align the channel and determine depths.

CCC Traffic Mitigation

Link Hooper has contacted the CCC for clarification of these funds and responds in the attached e-mail to proposed projects, mostly installing sidewalks to beaches and bikepaths.

ADA Coordinator has submitted a contract for a CART (Communication Access Realtime) contract for Town Meeting – Tuesday night. Please vote to authorize Anita Doucette to sign it.

John Chatham has provided me with some background history on the Town’s Great Swamp Bog and is recommending that the Selectmen and Conservation Commission hold a joint meeting (not part of a regular Selectmen’s meeting) if the Board wishes to develop an RFP for potential leasing.

I attended a Cape Managers meeting in Provincetown on April 12^th in which we bid farewell to Provincetown Town Manager Keith Bergman, who is their longest serving manager with 17 years. I also got to meet Barnstable County Administrator Mark Zielinski, who passed out information on the County’s Retirement Investment Activity and Performance. As you know, Governor Patrick’s Municipal Partnership Act proposes a transfer of underperforming pension systems to PRIT. Included in this transfer is Barnstable County’s Retirement fund of $524 million. Please note the retiree benefits which are quite modest. Nearly 75% of retirees receive less than $22,000 per year. Mark was providing information that might dissuade a State takeover of their funds.

PUBLIC HEARINGS (7:15 P.M.)

A. Application for Alteration of Premises for Annual, Common Victualler, All Alcohol Liquor License held by Hot Stove, Inc. d/b/a Hot Stove Saloon

Mr. Marsland read the hearing notice into record and Chairman Wilkins opened the hearing. Gabriel Leidner turned in the return receipt abutter cards to the Board. Ronald Leidner addressed the letter of complaint from Joseph Carter of Cranberry Realty Trust regarding use of their private parking lot at 557 Route 28 by Hot Stove Saloon customers. He noted that Mr. Carter has never contacted him nor has he ever seen trash in the parking lot as the letter indicates. He stated that he posted a sign on the door of his establishment that the parking lot is privately owned and recommending that his patrons park elsewhere and he added that he is not responsible for where his patrons park. Mr. Leidner confirmed that his brochure does have a map which indicates parking lots in the area including this one but does not indicate that it is for Hot Stove Saloon parking. He stated that the map was put on the brochure by the printer and he provided brochures from other businesses in the area which include the same map. Mr. Cole asked if there are signs in the lot indicating that it is private and Mr. Leidner responded that there are.

Thomas Sharry representing Cranberry Realty Trust stated that his client maintains the lot at his expense and there is no benefit to the Trust to have Mr. Leidner’s customers parking there. He confirmed that this is private property for the use of the tenants’ customers and he asked the Board not to make the problem worse by allowing the business to expand. Mr. Sharry asked that the Board deny the application or make a condition that Mr. Leidner not hand out fliers that identify Trust property as a parking lot for his business.

Mr. Cole inquired to Mr. Sharry if complaints have been made to the other businesses and Mr. Sharry responded that he was not aware that the Trust property has been identified as a public parking lot and he could not address this at this time.

Mr. Piekarski inquired to Mr. Sharry if his client has complained to any agency in Town about parking on his property and Mr. Sharry responded that he is not aware of any complaints to Town agencies.

Mr. McManus stated that he believes that Mr. Leidner made a good faith effort in noticing his patrons by the signage on his door and noted that it would be in good faith not to put the map on the brochure in their next printing. He added that if the Trust wants to act in good faith they would request the same of other businesses who put out advertising material that identifies that lot as a public lot. Mr. Cole stated that the map should be retained in the brochure but it should indicate private and municipal lots.

Chairman Wilkins suggested that Mr. Sharry have a conversation with the Chamber of Commerce and Merchants Association to inform them that this is a private parking lot and added that he supports Mr. Cole’s suggestion to retain the map with private and municipal lots indicated.

With no one else appearing, Mr. McManus moved to close the public hearing at 7:50 p.m. Mr. Cole seconded the motion. The motion carried by a unanimous vote.

Mr. McManus moved to approve the application for alteration of premises for a liquor license for Hot Stove Saloon, premises at 551 Route 28, Harwich Port, applicant Gabriel Leidner with the condition that in future printings of their menu, if a map is included, that the private lot be identified as a private lot. Mr. Marsland seconded the motion. Mr. Piekarski requested that a second condition be added that the applicant submit the list of certified mailings to the Town Administrator’s Office. Mr. McManus agreed to amend his motion as such and the motion carried by a unanimous vote.

TOWN ADMINISTRATOR’S REPORT (Continued)

Mr. Merriam delivered the following report for the week ending April 20, 2007:

The 2006 Annual Town Reports have been delivered to Town Hall and are available for pick up.

Town Meeting Warrants

The 2007 Annual and May 8^th Special Town Meetings Warrants with the Finance Committee recommendations are available at Town Hall for pick up. They can also be accessed from the Town’s web site.

Town Meeting Motions

Attached are the draft motions of the Finance Committee, the Board of Selectmen and the Planning Board for the Annual and Special Town Meetings. Please review. A second pre-town meeting is scheduled for May 2^nd. A Channel 18 interview is scheduled for May 1^st to highlight various articles and provide information to voters just prior to Town Meeting.

Firefighting Equipment Grant

Chief Remillard and Deputy Chief Flynn prepared an EOPS grant application for $5300 which has been approved for funding. The deadline to execute the contract was April 20^th, so I have signed the agreement in order to meet the deadline prior to your next scheduled meeting. Since the Charter authorizes me to seek and apply for grants, please vote to confirm the Town’s acceptance of this grant. The grant is limited to turnout gear, hand held power lights, communication devices, telephones, personal alert safety systems, air pacts, tanks, compressors, thermal imaging devices and computerized personnel accountability systems.

Public Records Request

Marinis’ Attorney Feueback, who is still trying to access our Town Counsel confidential opinions, appealed to the Secretary of State’s Office. Paula Champagne and I spoke to the Public Records Division to explain the exemption and have requested Town Counsel to assist in a written response because the matter is before the Cape Cod Commission.

Gerry Loftus would like you to be informed and respond to their concept of developing affordable rental housing for new teachers (see attached e-mail.)

Barbara-Anne Foley has drafted guidelines for your consideration. I am impressed with the Outreach Worker’s review of applications, the determination of eligibility and the ability to contact other agencies for further assistance.

Waquoit Bay National Estuarine Research Reserve

Selectman Cole, Barry Worth and I met with Tonna-Marie Rogers, Coastal Training Coordinator, and Christopher Powicki, Principal of Water Energy & Ecology to discuss municipal initiatives regarding renewable energy and conservation, including global climate change. They are encouraging municipal policies which change the types and quantities of energy we expend.

Town Web Site Improvement

I have assembled an ad-hoc staff committee to review our current web site and make recommendations for improvements. This committee will be chaired by Elizabeth Hude. Other members will be Foster Banford, Jill Mason, Tom Leach, Bill Flynn, Jennifer Pickett and myself.

I spoke to Alan McMullen, owner of the Freedom Cruise lines, who has concerns about the shallowness of the channel affecting his schedule. Tom Leach has contacted Wayne Jadedtke to clear out a couple bumps in the channel as an emergency. (see Tom’s e-mail regarding a private resident of Saquatucket Bluff who has a permit and is willing to buy sand). The Cottage Ave. group pulled out of funding for Allen Harbor dredge materials for their private beaches. We need to emphasize that we’re restricting town funded dredge materials for our own beach nourishment and cannot fund their private beaches.

Please find attached the draft motions of the Finance Committee and those motions in which your Board has offered an amended motion or a positive motion when the Finance Committee is recommending an indefinite postponement.

ATM Article 23 HVAC should limit scope to Town Hall

ATM Article 46 Old Rec building discuss “construction”

ATM Article 53 Human Services- full vs. partial funding

ATM Article 56 HEA study -$25,000, FinCom vote at $10,000

ATM Article 57 Demographic study - $32,000 quote

STM Article 12 Senior Exemption - currently $1000, request would reduce exemption to $600, should be IP, current vote is yes

Town owned cranberry bogs

John Chatham and I opened the bids for the Herring River and Jenkins bogs on April19^th.We received one bid for Jenkins Bog and four bids for the Herring River Bog. We will ask Leo Cakounes and John Sennott to assist us in the review, then make recommendations to the Conservation Commission and your Board. With this late Spring of the year, we need to award these contracts within 30 days.

Capital Outlay Committee- Bob Owens

Bob Owens term on the Capital Outlay Committee is expiring on June 30, 2007. He has written an e-mail advising your Board of his desire not to serve another term as your appointee. Bob has served on the Capital Outlay Committee for the past six years.

Superior Officers- Arbitration Award

On April 20^th, the Joint Labor Management Committee issued its decision and award. In summary, the award was in favor of the Town of Harwich. A copy of the decision is attached.

Chairman Wilkins stressed the need for a formal dredging policy.

Mr. Marsland recommended making a baseline video of our entire shoreline.

Barbara-Anne Foley suggested the Board contact Warren Smith of Barnstable County Human Services to assist in a demographic study.

A. Approve new Fire Chief’s Employment Contract

Mr. McManus moved to approve the employment agreement between William L. Flynn, Jr., Fire Chief and the Town of Harwich. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

B. Authorize Town Clerk to sign contract for Communication Access Real Time Translation

Mr. Piekarski moved to authorize the Town Clerk to sign the contract for Communication Access Real Time Translation. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

C. Review and sign contract for Senior Dining Program – C. O. A.

Mr. Cole moved to approve the selection of the vendor, The Royal at Harwich Village, for the three congregate meals per week at the Harwich Community Center at the price of $3.56 per meal. Mr. Marsland seconded the motion. Mr. Merriam recommended that the Board sign the contract. Ms. Foley explained the program and the motion carried by a unanimous vote.

D. Review and amend Town Meeting motions

Mr. McManus moved to amend the Board’s position on Article 12 and change it from Yes to Indefinitely Postpone. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

DISCUSSION ITEMS

A. Confirmation of Revocation of Liquor License for Twilight Tavern by A.B.C.C.

Mr. McManus read the following memo from a staff member:

I spoke with Hershel Langham of the Alcoholic Beverages Control Commission regarding Twilight Tavern’s liquor license. Mr. Langham assured me that since Twilight Tavern did not renew their liquor license in March, the license is considered to be revoked and now goes back into the quota. He added that as a convicted felon, Mr. Druker cannot re-apply for a liquor license. I have added the license back into the available quota and there is no further action to be taken.

SELECTMEN’S REPORT

Mr. Howell described the upcoming walkathon to support youth programs.

Mr. McManus moved to go back into Executive Session for the purpose of discussing real estate matters. Mr. Cole seconded the motion and the motion carried by a unanimous vote.

Respectfully submitted,