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Minutes - September 24, 2007
MINUTES
SELECTMEN’S MEETING
GRIFFIN ROOM, TOWN HALL
MONDAY, SEPTEMBER 24, 2007
7:00 P.M.

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

OTHERS PRESENT:  Town Administrator James Merriam, Asst. Town Administrator Nan Balmer, Chief Mason, Susan Leven, Dick Flink, Barbara Josselyn, Gerry Loftus, Greg Winston, Liz Groves, Jonathan Blake, 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 for the purpose of contract negotiations.

WEEKLY BRIEFING

Chief Mason reported that he had received notification from the State that Officer Robert Hadfield will receive the George L. Hanna award for bravery for an incident which occurred on December 25, 2006 in which he saved a person from a pond.  Chief Mason noted that the ceremony will be held at the State House on October 5, 2007 at 11:00 a.m. and added that this is a unique and distinct honor for the Officer, the Department and the Town for this outstanding act of bravery.

PUBLIC INFORMATION

No one appeared before the Board.

CONSENT AGENDA

A.      Minutes – September 4, 2007 -  Regular Meeting

Mr. Cole moved to approve the minutes of September 4, 2007 as written.  Mr. McManus seconded the motion and the motion carried by a unanimous vote.

PUBLIC HEARINGS (7:15 P.M.)

A.      Changes to the Fire Department Fee Schedule

Mr. McManus moved to postpone the public hearing.  Mr. Marsland seconded the motion and the motion carried by a unanimous vote.  Chairman Wilkins explained that additional information was forthcoming on this issue this week and therefore the Fire Department is not ready to present this.

TOWN ADMINISTRATOR’S REPORT

Mr. Merriam delivered the following report:

Web Site
We now have posted the Board of Assessors FY08 property values as approved by DOR.

Barnstable County Retirement System
I attended an information meeting at the Mashpee Water Department in which the Board voted on September 17th to transfer its assets to PRIM. We discussed post retiree benefits and Segal estimates of costs. Harwich has not submitted its information to Segal yet but I have forwarded the request to the Treasurer’s office.  

Treasure Chest
I met with Pauline Ashton and volunteer Deb Rogers, who was the subject of recent letters. Deb explained the personal nature of the complaint. Pauline cited their purpose to recycle, with no reference to giving to the poor. However, there are volunteers who distribute to those in need, as well as ship items to Haiti. They’re too busy to recognize dealers, but do encourage everyone to move on after an hour, due to limited parking. They believe the current program is working well, including the use by non residents. They are strict about no items for resale. Pauline will review the current rules to determine if any amendments should be offered, as the program has grown over time.

Mr. Cole suggested that a waiting list for certain items be set up for the needy and Mr. Merriam agreed to convey that message.

Long Pond
ENSR consultant Ken Wagner met on September 20, 2007 with Brewster and Harwich representatives to report that the alum treatment has gone well to date and is expected to be completed by October 1st or 2nd. There’s very little muck on the bottom. He identified 4 areas of concern. They are: (1) storm water management; 2) a Brewster cranberry bog and how water is discharged after harvest back into Long Pond; 3) septic systems which are not properly designed, sited or maintained; 4) lawns that are over-fertilized with phosphorous. Brewster discussed boat sizes, bathrooms, and invasive species. We will work with Ken to review education materials as well as regulations.

Mr. Merriam provided the Board with an update on recent discussions with the Architect for the West Harwich School House and Old Recreation Building project.

PRESENTATIONS

A.      Annual Meetings with the Board of Selectmen

1.      Board of Appeals

Dick Flink outlined the attached report of the year’s activities after which he and Ms. Leven took questions and comments from the Board.

2.      Architectural Advisory

Barbara Josselyn outlined the attached report of the year’s activities after which she took questions from the Board.

ACTION ITEMS

A.      Vote nomination for submittal to the Metropolitan Planning Organization elections to represent Towns of Yarmouth, Dennis, Brewster, Chatham and Harwich

Chairman Wilkins noted that Jane Otis has indicated that she does not want to continue in this role.  Mr. Piekarski moved to nominate Mr. Cole.  Mr. McManus seconded the motion and the motion carried by a unanimous vote.  Chairman Wilkins asked Mr. Merriam to inform the other towns of our nomination.

B.      Update on Merkel Beach

Chairman Wilkins explained that he has received numerous e-mails on this issue from people who are upset that they were unaware that there was public access at this site.  Mr. Marsland commented that he has seen the overlook area and he questioned whether it has any value.  Mr. Marsland also pointed out that handicapped parking would need to be provided and perhaps we should try to obtain more spaces.

Mr. Merriam explained that he and John Chatham spoke to Andrea Langhauser from DEP regarding Dr. Fennell’s Chapter 91 license and DEP is proceeding with a license amendment and will commence a 30 day comment period.  He stated that Mr. Chatham has informed Ms. Langhauser that the original license did not provide access to the canal as intended and suggested further amending the license to gain strolling rights across Nantucket Sound to the Wychmere Harbor jetty.  Mr. Merriam answered questions from the Board.

At Chairman Wilkins’ suggestion the Board agreed to hold a Public Hearing on this issue and provide comments from the hearing to the Department of Environmental Protection.  Mr. McManus requested that a better set of drawings of the site be provided to the Board showing the Town’s beach property.  He also requested that our Engineering staff do a site survey and note any discrepancies between this drawing and what is actually on the ground.  He suggested that given the public way and the property we own we could probably do some parking ourselves without losing it as a bargaining chip with Dr. Fennell.  Mr. Piekarski said he would like to concentrate on the violation of the agreement and questioned whether parking wasn’t part of that agreement.  Kathleen Lockyer of 280 Bank Street disagreed that we should assume this is not of value and added that we have an opportunity to correct something that was not in the best interest of the Town.

Mr. McManus stated that he had recently read some indication of State law that land that accretes because of the construction of a public project reverts to the public entity and he asked that this be researched as the jetty was a Town project.  

The Board agreed to hold a public hearing in two weeks.

C.      Vote Budget Message

Chairman Wilkins explained that the Board’s changes have been incorporated into the Budget Message.  Mr. Marsland commented that we cannot afford to consider Item #5 which refers to prioritizing where additional spending should occur if resources become available and if it becomes so essential that the Board of Selectmen should consider a general override to fund it.  Chairman Wilkins stated that in his opinion, this is a safety net for the Town Administrator.  Mr. McManus stated that we can’t develop a building maintenance program without resources and a plan, which would reduce future capital needs by keeping buildings operational and provide long-term savings for the Town.  Mr. Cole agreed and asked Mr. Merriam to provide cost estimates.  Mr. Piekarski and Chairman Wilkins noted that a statement should be made in the budget message regarding the Five Year Financial Plan.  The Board agreed to bring this item back next week.

DISCUSSION ITEMS

A.      Board of Selectmen’s Meeting Schedule

The Board agreed to bring back this item in two weeks to allow time for the Town Administrator to meet with the Chairman and Vice-Chairman on this issue.

B.      Selectmen’s Goals

Mr. Cole noted that he had met with the Assistant Town Administrator but has nothing prepared yet.  The Board agreed to bring this item back next week.

SELECTMEN’S REPORT

At Chairman Wilkins’ request, Mr. McManus provided a brief update on the activities of the Building Needs Committee.  Chairman Wilkins stressed the importance of the Board receiving minutes from this Committee and Mr. Piekarski asked that Mr. Merriam send a letter to Allin Thompson requesting them.  

Mr. Marsland stressed the need to move along on the benchmark and demographic studies adding that it is critical to the Town.  Mr. Merriam stated that they are waiting for the FY07 numbers to come in and Mr. Cole pointed out that it doesn’t preclude us from going ahead with the contractual process.

ADJOURNMENT

Mr. McManus moved to adjourn at 8:49 p.m.  Mr. Piekarski seconded the motion and the motion carried by a unanimous vote.

Respectfully submitted,

Ann Steidel
Recording Secretary