MINUTES
SELECTMEN’S MEETING
GRIFFIN ROOM, TOWN HALL
TUESDAY, OCTOBER 9, 2007
7:00 P.M.
SELECTMEN PRESENT: Cole, Marsland, McManus, Piekarski, Wilkins
OTHERS PRESENT: Town Administrator James Merriam, Asst. Town Administrator Nan Balmer, David Ryan, Barbara-Anne Foley, Dennis Hoye, Bill Doherty, Tony Pagliaro, John Halliday, George Boulé, Paul Widegren, George Porter, Joan Garrity, Valerie Bell, Barry Worth, David Bassett, and others.
MEETING CALLED TO ORDER at 7:05 p.m. by Chairman Wilkins.
Chairman Wilkins explained that the Board had just come out of Executive Session where they were involved in discussing contract negotiations.
WEEKLY BRIEFING
No one appeared before the Board.
PUBLIC INFORMATION
No one appeared before the Board.
CONSENT AGENDA
A. Minutes –September 17, 2007 - Regular Meeting
B. Committee Appointments
Mr. McManus moved to approve the Consent Agenda and the recommended actions thereon. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.
Chairman Wilkins requested that Mr. McManus and Mr. Cole clarify the recent resignation from the Police Station Building Committee. Mr. Cole noted that this opening will have to be advertised.
TOWN ADMINISTRATOR’S REPORT
Mr. Merriam delivered the following report to the Board:
Stonewood Products
Cape Cod Director Paul Niedzwiecki met with Anthony Baroni, his attorney Myer Singer, Chairman Wilkins, Planner Leven and me to facilitate a resolution to Stonewood’s application / exemption before the Commission and how best to proceed with gaining access from Great Western Road. Access would alleviate traffic through Town Of Dennis residential neighborhoods as well as congestion on Depot Street.
PUBLIC HEARINGS (7:15 P.M.)
A. For the purpose of soliciting comments on a proposed Commonwealth of Massachusetts Chapter 91 license amendment for J. Richard Fennell/Snow Inn Realty Trust for the property located at 23 Snow Inn Road
Mr. Piekarski read the public hearing notice into record. Chairman Wilkins explained his rationale for wanting to continue with this public hearing even though Dr. Fennell has stated that he will not seek this license amendment noting that resolution to this situation has only been discussed through the press and e-mails to the Town Administrator. Mr. Cole clarified to the public that when they originally scheduled this hearing they thought it was going to be part of a 60 day comment period in conjunction with an application from Dr. Fennell to amend this agreement but since he is not filing that application this hearing is not part of that kind of a proceeding.
Mr. Merriam stated that the original intent of this evening was to solicit public comment with regard to a modification to a Chapter 91 license. He explained that in May 2002, Snow Inn Realty Trust entered into a license agreement with regard to the former Thompson’s Clam Bar pilings which extend out into the water and as a result of that ability to maintain those pilings the Snow Inn Realty Trust entered into this license agreement which has special condition that the licensee shall construct and maintain in good repair a public viewing deck on the northeast roof of Thompson’s Clam Bar which shall remain open to the public from 9:00 a.m. to 5:30 p.m. year round 7 days a week and shall construct and maintain in good repair a 4 foot wide accessible pathway walking easement that extends from Snow Inn
Road to the public accessible viewing areas for the same hours. He noted that the agreement indicates a 5 year compliance period after which the applicant can ask for a one year extension. Mr. Merriam stated that it is his understanding that on the day before the expiration of the 5 year compliance period, Dr. Fennell asked for a minor modification. Mr. Merriam further explained that at the same time he and Chairman Wilkins had discussed the possibility of developing public parking spaces for Merkel Beach, which was a gift to the Town and is under the care and custody of the Conservation Commission, and Conservation Agent John Chatham had conveyed to them Dr. Fennell’s proposal to amend the license and remove the public viewing deck requirement in exchange for providing 4 parking spaces. He stated that they had thought this may be a resolution to the parking discussion, however this proposal received a lot of press and it was not perceived by Dr.
Fennell to be to his credit. He noted that Dr. Fennell interpreted the comments that were made with regard to access to the jetty such as “4 spaces isn’t enough” as a situation where the license amendments would be negotiable after which he issued a statement to the press as follows:
We will not be filing an amendment to the State modifying our Chapter 91 mitigation for the Clam Bar building. We will be proceeding with the existing agreement with the State and not offering any exchanges or modifications. We thought the four parking spaces for Merkel Beach would benefit the Town more than the viewing deck, however, the Town has made it clear it is not in the Town’s best interest. What has not been said is, our original Chapter 91 license allowed five years for completion of the mitigation with a one year extension making the completion date May 17, 2008. We plan to be in compliance with Chapter 91 at that time. We have not intentionally deceived anyone but have worked within the conditions and timeframe allowed by the State.
We respect what the Town had to say, and we will gladly continue to comply with the existing Chapter 91 conditions.
Mr. Cole questioned the statement “the Town has made it clear that it is not in the Town’s best interest” as the Board has not made a statement on this and questioned if this is just a reaction to what Dr. Fennell read in the paper and Mr. Merriam responded that it was. Mr. Cole commented that the access to the observation is not of much value to him but noted that he wanted to hear the public’s views on the matter.
Chairman Wilkins called for public comment:
Jane Fleming of 68 Snow Inn Road agreed with Mr. Cole in that she would not get much use out of the observation deck but if Dr. Fennell put parking spaces back on the table it would be a great boon to the Town and this tiny beach. She asked that the parking not be put in where the hydrangeas are.
The Board took questions from Marilyn Barry of Freeman Street about what was reported in the press.
Pat Klammer commented that it’s a privilege of the Town to be able to use the jetty and we should be able to access it as we wish to. She stated that it could be possible to build parking spaces somewhere on Merkel Beach but she is very much in favor of keeping things as they are.
Marilyn Barry remarked that parking spaces would not help her neighborhood as people would be coming from all over to use the beach.
Kathleen Lockyer of Bank Street commented that it was very unclear that 5 years were given to respond to the Chapter 91. She stated that this compromise between Dr. Fennell and the EPA did not include public input. She stated that accepting the 4 parking spaces puts us at a disadvantage and questioned what else was put on the table at the time of the agreement as the public was not a party to the process.
Jane Flemming asked why there was a discussion regarding parking at Merkel Beach and Chairman Wilkins explained that there has been no expressed need rather this had evolved out of a casual conversation.
Edward Edsten of 826 Route 28 in South Harwich recollected that when Dr. Fennell extended the parking lot at Thompson’s Clam Bar into what the Town considered its right of way, it was arranged that 4 parking spaces would be given to the Town because of this violation. He remarked that Dr. Fennell is offering something that he had given up a decade ago.
Joe McParland commented that the current access should be open, available and identifiable by the public.
Greg Winston, questioned the footage of the right of way and the frontage on Nantucket Sound and Mr. Merriam responded that there is a plan showing a 4 foot right of way providing access to the upper deck. Mr. McManus added that the back of the lot is approximately 300 feet and that the property is about twice that in depth.
Marilyn Barry, stated that all of the proposed spaces should be handicapped for those who can’t walk to the beach.
Chairman Wilkins reiterated that Dr. Fennell is not filing an amendment so it will stay as is for now.
Kathleen Lockyer again noted her concern that determinations were made without being part of a public process and she will be contacting Andrea Langhauser of DEP with regard to this.
Mr. Marsland moved to close the public hearing. Mr. Piekarski seconded the motion and the motion carried by a unanimous vote.
Mr. Cole stated that it might be worth expressing the view that we are, in fact, interested in the parking spaces and see if it might be put back on the table. He added that if we do end up with 4 spaces we need to figure out how to manage them.
Mr. Piekarski noted that he has no problem with negotiating the 4 spots but he is not looking to give up the observation deck for that. He added that through site work we should continue to explore the possibility of parking.
Mr. McManus requested that we get Town Counsel to look at the issue with regard to the deed. He stated that we need to mark the boundaries along Snow Inn Road so people know where they are supposed to enter public land off of the public roadway.
PRESENTATIONS
A. Annual Meetings with the Board of Selectmen
1. Golf Committee
Tony Pagliaro introduced the members who were present and outlined the attached report. He took questions and comments from the Board.
2. Utility and Energy Conservation Committee
Barry Worth introduced the members who were present and outlined the attached reported. He took questions and comments from the Board.
3. Cultural Council
John Prophet introduced the members who were present and outlined the attached report. He took questions and comments from the Board.
DISCUSSION ITEMS
B. Senior Citizen Property Tax Work Off Program
Barbara-Anne Foley explained the application process and guidelines for this program. She noted that all screening would be completed before any notification of an applicant’s availability would be passed on to department heads and that all department heads will receive a packet asking for job descriptions for those interested in the program. She noted that CORI checks will be done and that they will attempt to match candidates with the positions. Ms. Foley added that a timesheet must be kept by the department heads and there will be a recording that the required 100 hours have been met. Mr. McManus questioned the need for CORI checks as it may not be necessary for certain positions. Mr. Marsland suggested that the Town Administrator look into what our policy should be. Mr.
Piekarski noted that we should have guidelines for handling a situation in which a CORI comes back with something on it. The Board agreed to bring back this item next week.
TOWN ADMINISTRATOR’S REPORT (Continued)
Dredging / Beach Nourishment
We had received an initial restriction by the Division of Fisheries and Wildlife for dredging between April 1st and August 31st. However, we received a letter from the Division who has outlined specific conditions in which dredging and beach nourishment can proceed. Those conditions are identified in their September 27th letter. These protocols have been adopted by the Conservation Commission and incorporated into their 10 year permit. The protocol includes approval by the Natural Heritage and Endangered Species Program. We will incorporate these protocols into our Dredging and Beach Nourishment program.
Harwichport Sidewalk
John Chatham contacted Mass Highway which asked Pavao Construction to remove the debris from the corner of Doane Road. By Tuesday afternoon, the debris had been removed and area will be loamed and seeded.
New Police Station
Alan Mulak, Energy Engineer for Cape Light and Keyspan has made contact with Ray Jefferson and Kaestle Boos to discuss energy efficiency upgrades. I would also suggest a work session between the Building Committee and your board to review the plans in detail prior to the next phase of design. The Building Committee met with the Capital Budget Committee to review preliminary plans and square footages. While it was a positive exchange, several recommendations were offered. Much discussion centered around the need and size of Emergency Operations Center.
Mr. Merriam noted that he is setting up a second tour of the Dennis Police Station and Mr. McManus, Mr. Cole and Mr. Marsland requested to attend.
Town Hall energy audit
Alan Mulak promised his report of energy savings for Town Hall shortly.
Demographic and Benchmark Studies
Please be advised that RFPs have been distributed for both studies.
Correspondence
Municipal Coalition For Affordable Housing- seminar October 26th Westborough
Boat Patrol Summer 2007- Brewster PD
DISCUSSION ITEMS (Continued)
A. Building Facility Use Analysis
Mr. Cole stated that they need to know the frequency of room use in the analysis and that the building code designation letter is not adequate for their purposes. Mr. McManus requested that this be sent on to the Police Station Building Committee and the Capital Outlay Committee. Mr. Cole added that they should request information on intensity of use of the rooms on an annual basis and types of events. Mr. McManus suggested that the document be sent to the appropriate responsible parties for their input.
SELECTMEN’S REPORT
Mr. Cole inquired as to when Mr. Merriam is going to get the tickler document up and running and Chairman Wilkins stated that they would like to see it every other week. Ms. Balmer requested that Mr. Cole e-mail it to her. Mr. McManus requested that the request for legal opinion on Merkel Beach be added to the list.
Chairman Wilkins, Mr. Marsland and Mr. Merriam agreed to meet on October 31 at 9:30 a.m. to discuss the Board’s meeting schedule.
Mr. Cole requested that applications be included in packets for Committee appointments.
ADJOURNMENT
Mr. Marsland moved to adjourn at 9:18 p.m. Mr. Piekarski seconded the motion and the motion carried by a unanimous vote.
Respectfully submitted,
Ann Steidel
Recording Secretary
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