Town of Harwich Massachusetts - Minutes

SELECTMEN’S MEETING

GRIFFIN ROOM, TOWN HALL

MONDAY, MAY 14, 2007

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

OTHERS PRESENT: Town Administrator James Merriam, Chief Mason, Deputy Chief Flynn, David Ryan, Joseph Borgesi, Heinz Proft, Dennis Hoye, George Boulé, Gerry Loftus, Jamy Madeja, Paul Donovan, Murray Johnson, and others.

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

Deputy Chief Flynn reported that the Fire Department received a call this weekend that the new Fire/Rescue Boat will be made available to us on Wednesday, May 16^th. He stated that Chief Remillard will head up an inspection team and make final determination if boat should be accepted by the Town. Deputy Chief Flynn also offered information on additional costs related to the boat and added that it is their desire to keep the present Fire/Rescue Boat for operations other than Nantucket Sound as the boat is easily trailered allowing quick response to emergency requests throughout our Town and its surrounding communities.

PUBLIC INFORMATION

Gerry Loftus, Housing Committee Chair, thanked the public for supporting housing initiatives at Town Meeting.

1. April 23, 2007 Regular Meeting

2. April 23, 2007 Executive Session

B. Accept gift from EPOCH in honor of Gerie Schumann for upkeep of Thompson’s Field

C. Approve renewal of Lodging House License for Willow House Guests

D. Request by Harwich Port Merchants Assn. for Special Permit to hold 2007 Season of Music in the Port

E. Request for assistance from the Caleb Chase Fund

Mr. McManus requested to pull Item B from the Consent Agenda. Mr. McManus moved approval of the Consent Agenda and the recommended actions thereon with the exception of Item B. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

Mr. McManus noted that special notice should be give to Item B which is a gift to a long time volunteer in the community, Gerie Schumann. Maureen Gardner of EPOCH explained that Ms. Schumann is an extremely dedicated volunteer and the gift of $100 is from the residents of EPOCH Assisted Living at Brewster Place in her honor for the upkeep of Thompson’s Field which is a place Ms. Schumann greatly enjoys. Mr. McManus moved to accept the donation of $100 from the residents of EPOCH at Assisted Living at Brewster Place to honor Gerie Schumann and that it be earmarked to be used at Thompson’s Field. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

TOWN ADMINISTRATOR’S REPORT

Mr. Merriam delivered the following report:

As a follow up to my first Town Meeting, Chairman Wilkins, Selectman Marsland and I reflected upon Monday and Tuesday nights experiences in order to improve for next year’s process. Attached are some of our initial thoughts.

Attached is a total and detail list of the application of Free Cash at the Annual and Special Town Meetings as prepared by Dave Ryan. The current balance is $364,221.

Attached is a memo from Town Accountant Dave Ryan which describes the Land Bank Special Revenue Account. Since Town Meeting did not act on the use of CPC money to finalize Tax Title work, I recommend that we pursue this legal work on the Tax Title accounts with the Land Bank Special Revenue Account which Mr. Ryan has opined is under your Board’s control.

Municipal Partnership Act

Attached is a revised spreadsheet from Senator O’Leary’s office with the correct methodology to calculate the hotel /motel and meals tax based upon the new revenue, not total revenue. This method is beneficial to the towns.

Allen Harbor Dredging

As of this writing, the County Dredge project has slipped 3 days from the scheduled May 15^th start date. Any significant delay will push this project into Memorial Day weekend which we’re trying to avoid.

Saquatucket Harbor Dredging

We are in receipt of gift offers from Mr. Seymour ($20,000), Mr. Bronner ($8,500) and Mr. White ($13,250) to the Town for dredging Saquatucket Harbor and using the dredge material for beach nourishment on their respective properties. These offers will be placed on the Board’s agenda as an Action Item for May 21.

Attached is the specific statute relative to fee setting which was approved at Town Meeting. Also attached are two legal opinions from Town Counsel.

Attached is a memo from Ann as a follow up to their request to sell raffle tickets. We removed the request from the agenda because we do not believe a vote in necessary.

Dennis Hoye forwarded to me his recommended contract to Fernandes Line Construction from Marshfield. The contract is attached for your review. The total award is $21,885 and would come from the contingency account. The base contract is expected to be complete and approved on Friday. Friday, the driving range is scheduled to open. Dennis is quite proud of the condition of the golf course.

Town Counsel has issued an opinion regarding the Golf Pro contract which must be addressed.

Massachusetts School Building Authority

School Business Manager Gary Costin has requested that the Board of Selectmen vote in the form attached as the School Committee approved to submit a Letter of Interest for the Harwich High School and Middle School. If you recall, this Letter of Interest is now required for projects to get onto the fundable list when the moratorium lifts at the end of this fiscal year.

I met with Candy Wolcott and Pamela Latimer on May 3^rd to discuss their desire to re-establish a permanent skateboard park on a parcel of land abutting the High School driveway entrance across from the Community Center. Since this would require time, they are seeking permission to establish a temporary skateboard park within the Middle School parking lot for this summer. They have spoken to the Recreation Director but not yet the School Supt. They intend to seek funding through the CPC for supervision, an operating budget and insurance.

The Board agreed to bring back the following items on next week’s agenda: Lessons Learned, Land Bank Fund, Saquatucket Harbor Dredging, and Massachusetts School Building Authority.

A. Pledge of Liquor License for Ay! Caramba Café

Mr. Piekarski noted that the required language per the Board’s policy is included in the loan documents but commented that the Board is under no obligation to grant the pledge. After discussion, Mr. Piekarski moved to approve granting the pledge. Mr. Piekarski asked that the Town Administrator report to the Board on what licenses have been pledged and to whom. Mr. McManus pointed out that on Exhibit B there is a factual inaccuracy with regard to the owner of record and he would prefer to wait on this until it is corrected. Mr. Piekarski withdrew his motion and the Board agreed to bring back when the Town Administrator gets the corrected information.

B. Disposal Area Fees

Mr. McManus stressed that the Board’s policies indicate that proposed fees require a public hearing. Mr. Hooper stated that his recommendations on the fees have been revised due to new developments and he would submit them to the Town Administrator’s Office. Mr. McManus asked that the Mr. Hooper include an analysis of the service cost with detail and Mr. Cole agreed that last year’s data should be updated. Mr. Ryan noted that the analysis should include landfill monitoring costs.

C. Award contract for Gas & Diesel Bid

Mr. Hooper explained that the County bid for biodiesel fuel was awarded to MJT Enterprises at $0.0549 per gallon and the unleaded gasoline bid was awarded to Dennis K. Burke at $0.0292 per gallon. He noted that the County has requested each municipality send a memo to the appropriate vendor indicating our acceptance of the bid. Mr. Merriam recommended both contract awards. Mr. McManus moved to send a letter to exercise the contract for fuel purchases as specified in the County bid. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

D. Request by Clean Water Action to support House Bill #864, An Act Relative to Recycling Discarded Electronic Products

The Board discussed the request with Mr. Hooper after which Mr. McManus moved to authorize the Chair to sign the letter and send to the appropriate committee and also to send a copy to our representative. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

E. Request by Peter McClennen to re-issue four mooring permits

Jamy Madeja, attorney for Mr. McClennen, outlined Mr. McClennen’s request to issue permits for moorings in the waters off 2233 Orleans Road on Pleasant Bay. She noted that this stretch of shoreline is not an area where the Harbormaster issues mooring permits due to safety concerns about the distance of these waters from the public landing and tidal variations. Ms. Madeja stated that four moorings have been safely permitted in these waters for over 45 years for the only people with safe vessel access, namely the McClennen-Hope family members related to Sarah Hope-Davis, who originally purchased the land in the 1930’s. She stated that at that time the permits were often done orally which they suspect was the case in this situation. She explained that the family has been unable to locate written mooring permits so they applied in writing which resulted in the Harbormaster and Waterways Commission denying the request in compliance with the Harbor Management Plan.

Paul Donovan confirmed that this was taken up at a Waterways Committee meeting in April 2007 and the Committee voted to deny the appeal without prejudice because it was asking to create a mooring that does not come off the waiting list. He noted that this is per the Harbor Management Plan and that all areas have a waiting list and there are no geographical boundaries for the mooring areas. Mr. Donovan took questions from the Board.

Ms. Madeja stated that this request complies in every way with fair and equitable in that the public could not wait on a list a get a mooring in this location and the Plan does allow for evidence of property access.

Heinz Proft, Assistant Harbormaster, answered questions from the Board. Mr. McManus stated that this area is outside of what is considered the acceptable Pleasant Bay mooring area that the waiting list is for. Mr. Piekarski stated that the moorings would be Town governed and in his mind they would belong to the waiting list members. He stated that if they are Town moorings and are not safe then they should not be there. Mr. Piekarski also pointed out that a future owner of the property may not be interested in having the moorings.

Murray Johnson, Waterways Commission Chair, stated that Mr. Leach had indicated to him that the moorings would not transfer with the property. He added that there are other homeowners who will be looking for this decision as precedence.

Mr. Cole pointed out that the Harbor Management Plan is silent with respect to the status of these things created prior to the Plan and unless there is language that says these things that are different have to come under the purview of the Plan, then in his opinion they are outside of the Plan.

Mr. McManus moved to request 1) the Waterways Committee study and make recommendations as to what constitutes the extent of the Pleasant Bay mooring field and 2) makes recommendations on granting moorings in areas not in mooring fields. Mr. Marsland seconded the motion. Mr. McManus recommended that the Waterways Committee do that review and have it in place before we start issuing mooring permits next year. The motion carried by a unanimous vote.

Mr. McManus stressed that there is historical precedence to this area being used for moorings, that it appears to be outside of what is the acceptable Pleasant Bay mooring field and that they have asked the Waterways Committee to study the issue and come up with recommendations for next year. He moved to grant a one year mooring permit for the 2007 boating season, that it goes through all the normal processes of fees and inspections with the Harbormaster for the year and hopefully when the next year comes around we will have a procedure in place. Mr. Cole seconded the motion. Mr. Piekarski stated that this should be explored prior to granting the moorings and added that it is not a time-sensitive issue to which Mr. Marsland agreed. Mr. Cole stated that as a general principle, when you institute new rules and regulations there are grandfathering provisions. Chairman Wilkins stated that although his sympathy is with the family, he feels strongly that he does not have the capacity to sit in judgment of what is or is not safe with regard to moorings and he concurred with Mr. Piekarski about the importance of the waiting list. Mr. Cole pointed out that there have already been a couple of permits granted in front of people’s property where they didn’t exist previously and this is not a safety issue except in the sense of access from the Town ramp. Mr. Piekarski moved to call the question. Mr. Cole seconded the motion and the motion carried by a unanimous vote. Mr. McManus’ motion failed on a 2-3-0 vote with Mr. Piekarski, Mr. Marsland and Chairman Wilkins in opposition.

F. Accept Town Administrator’s recommendation on dog hearing (Owner: Burlingame)

Mr. McManus moved to approve the Town Administrator’s recommendation on the dog hearing. Mr. Marsland seconded the motion and the motion carried by a unanimous vote. The recommendation which was provided to the Board is as follows:

1. Dutchess be kept on a leash when off the Burlingame’s property and that the owners maintain full control of their dog at all times.

2. The Burlingames strictly adhere to the Town of Harwich Leash Laws at all times.

3. The Burlingames and Dutchess enroll in an obedience-retraining program within the next 30 days and report to the Town Administrator’s Office upon their completion of this retraining program.

Mr. Cole inquired as to the nature of control of the dog while on the owner’s property and Mr. Merriam responded that the owner is still responsible for control of the dog on his property. The motion carried by a unanimous vote.

G. Contract proposal from Fernandes Line Construction for Driving Range Nets – Authorize Chair to sign

Dennis Hoye noted that this was the lowest of three quotes for the nets and they are waiting for proof of workers compensation insurance from the vendor. Mr. McManus moved to approve the bid of Fernandes Line Construction for the driving range nets in the amount of $21,885, pending receipt of the certificate of workers compensation insurance. Mr. Marsland seconded the motion and the motion carried by a unanimous vote. Mr. Piekarski asked that in the future Mr. Merriam provide a spreadsheet of the all the bid amounts.

H. Award contract to Advance Corp. for Underground Fuel Storage Tank Removal/Above Ground Replacement Tank at Cranberry Valley Golf Course

Mr. McManus moved to approve of the bid from Advanced Corp. of Chicopee, MA at a cost of $64,500 for the replacement of the fuel tank at Cranberry Valley Golf Course. Mr. Cole seconded the motion. Mr. Borgesi answered questions from the Board. The motion carried by a unanimous vote.

I. Certificate of Substantial Completion for Cranberry Valley Golf Course Bunker Restoration and Practice Facility Expansion Project – Authorize Chair to sign

At the recommendation of Mr. Boulé, Mr. Marsland moved to authorize the Chair to sign the Certificate of Substantial Completion for Cranberry Valley Golf Course Bunker Restoration and Practice Facility Expansion Project. Mr. Cole seconded the motion and the motion carried by a unanimous vote.

J. Petition by Verizon and Nstar for permission to locate pole at Chatham Road

Mr. Merriam recommended that the Board approve the petition. Mr. McManus moved Mr. Merriam’s recommendation. Mr. Marsland seconded the motion. Mr. Cole pointed out that the pole numbers have been reversed from one page to another on the documents provided. Mr. Merriam acknowledged the error but stated that we are focusing on the relocated pole. The motion carried by a unanimous vote.

K. Award contract to Dowling Corporation for Saquatucket Harbor Fuel Tank Removal

At Mr. Borgesi’s recommendation, Mr. McManus moved to award to the Dowling Corporation of Wrentham, MA the bid for the removal of the fuel tank at Saquatucket Harbor. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

L. Award contract to AGM Marine for Pile Replacement at Wychmere and Saquatucket Harbors

At Mr. Borgesi’s recommendation, Mr. Marsland moved to award the bid for pile replacement at

Wychmere and Saquatucket Harbors to AGM Marine of Mashpee, MA at $112,000. Mr. McManus seconded the motion and the motion carried by a unanimous vote.

M. Award contract to Our Co. for Allen Harbor Boat Ramp Repair

At Mr. Borgesi’s recommendation, Mr. Marsland moved to award the Allen Harbor Boat Ramp repair contract to Robert B. Our Co. of Harwich, MA at $88,860 pending receipt of the appropriate liability and workers compensation certificates. Mr. McManus seconded the motion. Mr. McManus requested that Mr. Merriam include recommended motions in his report to ensure standardized motions on contracts. The motion carried by a unanimous vote.

N. Letter from Town of Dennis regarding use of residential roads for deliveries to Stonewood Specialty Products on Depot Street

Mr. Marsland moved to authorize the Board of Selectmen to send the letter dated April 24, 2007 as drafted by Chairman Wilkins to the Dennis Board of Selectmen c/o Jane Otis, Chairman. Mr. Piekarski seconded the motion. Chairman Wilkins requested that the Dennis Town Administrator be copied on the letter. The Board discussed the letter with Mr. Merriam after which the motion carried by a unanimous vote.

Chairman Wilkins announced that tomorrow is Election Day.

Mr. McManus moved to adjourn the meeting at 9:25 p.m. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

Respectfully submitted,