MINUTES
SELECTMEN’S MEETING
GRIFFIN ROOM, TOWN HALL
MONDAY, OCTOBER 22, 2007
7:00 P.M.
SELECTMEN PRESENT: Cole, Marsland, McManus, Piekarski, Wilkins
OTHERS PRESENT: Town Administrator James Merriam, Asst. Town Administrator Nan Balmer, Susan Leven, David Purdy, John Sennott, Richard Thomas, Paul Widegren, Betsey Coleman, Donna Eaton, 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
No one appeared before the Board.
PUBLIC INFORMATION
John Prophet reported on three upcoming meetings with other Town committees regarding the historic district.
CONSENT AGENDA
A. Approve Minutes –
1. September 24, 2007 – Regular Meeting
2. October 1, 2007 – Regular Meeting
Mr. Cole moved to approve the minutes of the regular meetings of September 24, 2007 and October 1, 2007 as written. Mr. Marsland seconded the motion. Mr. Cole pointed out that there are two items in the minutes that should be added to the action list and they are Merkel Beach land survey and update of zoning by laws. The motion carried by a unanimous vote.
TOWN ADMINISTRATOR’S REPORT
A. Agreement with Director of Golf/cancellation of Pro Shop Contract
B. Letters from Golf Committee
Mr. Merriam noted that in regard to Item A, we had received a faxed letter from Mr. Hoye’s attorney indicating that further discussions are required so this will not be discussed tonight. Mr. Merriam explained that the Board received two letters from the Golf Committee posing questions with regard to the Director of Golf continuing to operate the pro shop as well as questions regarding who sets fees, who is responsible for establishing job descriptions for golf employees and the Board intends to table this item. Mr. Piekarski moved to table and Mr. Marsland seconded the motion. Mr. McManus pointed out that a motion to table is non-debatable. The motion carried by a unanimous vote.
Mr. Wiegman commented that the golf course is extremely important to this Town as it is a “cash cow” that returns $400,000 - $500,000 per year and we’ve recently invested over $4 million of taxpayer money in the course. He remarked that our 5 year financial projection is that revenue is going to grow at 2 ½ percent a year and is going to provide a postponement of any potential override so it is important that we preserve it. Mr. Wiegman went on to outline the following concerns:
1. It is still unclear whether we are going to have a pro shop and whether we have the money to fund that.
2. There is a great deal of confusion because the Golf Committee does not know what its responsibilities and accountabilities are as the Board has taken over approval of fees and is now negotiating with the Director of Golf.
3. We have spent a lot of money building a practice facility without a plan for upkeep and maintenance.
4. The condition of the fairways has been a problem for the past year and they are in horrible shape.
5. We have allocated $46,000 this year for summer help to take care of a practice facility half of which isn’t open yet and we don’t know where that money was used.
6. Now we have the Town Administrator seemingly in charge of the maintenance even though he is not a professional maintenance person and apparently there is a difference of opinion between him and the USGA about what is needed.
Mr. Wiegman stated that the Board has the responsibility for safeguarding the assets of this Town and the golf course is a major asset. He stressed that the Board needs to put together an action plan indicating exactly who has what responsibilities, how they are going to be carried out and what is going to go on with the future of the golf course and this should be done in a timely manner because there is a great deal of concern out there. He urged the Board to give consideration to developing this plan.
Mr. Cole urged patience in this matter noting that they have been working on addressing the concerns that Mr. Wiegman has cited but are dealing with things that are confidential and can’t say everything that is going on but will do so as soon as they can.
Chairman Wilkins assured Mr. Wiegman that his remarks will be recorded and the Board will answer all the concerns he has registered. He asked the Town Administrator and Town Accountant to address at a future meeting the use of the terminology “cash cow” in regard to the golf course. Chairman Wilkins added that the Board will also respond to Mr. Wiegman’s editorial in the newspaper where he indicated that farming out of the management of the golf course should be considered. He added that the Board will be weighing in with the Golf Committee for their input to Mr. Wiegman’s remarks.
Mr. Merriam delivered the following report to the Board:
Cranberry Valley Golf Course
We have reached agreement with Dennis Hoye, Director of Golf regarding the early termination of a separate golf pro contract and compliance with the State Ethics Commission. We also requested a Reserve Fund Transfer of $14,875 to contract for an additional aeration of the 35 acres of fairways once more this year. The Finance Committee met on October 16th and approved the request. Shawn Fernandez indicated that he will perform spring aeration with in house staff. Nan and I met with Tony Pagliaro to discuss the Director of Golf settlement, new job description and the Golf Committee’s two letters.
New Police Station
Building Committee Chairman Ray Jefferson and Chief Mason presented the conceptual plans to the Finance Committee on October 16th. While the FinCom was generally favorable toward a new Police Station, they offered a number of recommendations to reduce square footage and costs.
Kaestle Boos, at the Building Committee’s request, has submitted an application to the ZBA for two requested variances for my signature. They are for a building height variance of 39 feet eight inches vs. a regulated height of 30 feet. The second is for impervious lot coverage of 44.16% vs. 30% for the zoning regulation.
HUD Housing Rehab Grant
Under action item, I am recommending that you award a contract to Alice Boyd of BBA to write a grant application for Harwich and Dennis. Attached is the back up information including the shared cost of the preparation fee and sharing the grant. We are proposing for this first year that we target Harwich Village Center for rehab. Harwich’s $3,000 fee will come from the Disability Rights Committee, The COA and Friends Group. I want to personally thank Terry Canavan for her recommendation and pursuit of Alice Boyd.
Fire Department Mechanic
Chief Flynn and I have hired retiree Robert Williams as a temporary part time mechanic to service our fire vehicles.
FAA
I received a call from Bruce Beard from the FAA’s Forth Worth Office who concurred that the Chatham Airport’s runway would not apply, but other standards may.
Municipal Benchmarking
In the RFP, I asked for FY 07 data, but Municipal Benchmarking informed me that the data will not be available until May or June. Towns are required to file their Schedule A’s by October 31. Do you want to wait or take FY 06 data?
Human Services Budget
Based upon last spring’s discussions relative to the Human Services article, we will create a new Human Services budget and a process for advertising for proposals and issuing separate contracts to each human service provider.
Griffin Room layout
Nan and I met with Jill Mason to discuss improvements to the table set up, chairs and podium based upon the camera locations. We’d like to try creating a U shape with the tables facing toward Jill’s control panel. This would provide one center and two side cameras. The podium would not change much and would be picked up from either side camera.
At the Chairman’s request, the Board agreed to take the following item out of order:
ACTION ITEMS
D. Approval of HUD grant writing contract with Bailey Boyd Associates
Mr. McManus moved to authorize the Town Administrator to prepare a joint HUD application for a rehab program with the Town of Dennis for an amount not to exceed $3,000. Mr. Cole seconded the motion and the motion carried by a unanimous vote.
PRESENTATIONS
A. Annual Meetings with the Board of Selectmen
1. Planning Board
Larry Brophy provided the annual report of the Planning Board. He and Ms. Leven took questions and comments from the Board. The Board had a brief discussion regarding the Stonewood Products project and Chairman Wilkins directed Mr. Merriam to follow up with Mr. Niedzwicki.
2. Real Estate and Open Space Committee
Paul Widegren provided the annual report of the Real Estate and Open Space Committee and took questions and comments from the Board.
3. Agricultural Commission
John Sennott provided the annual report of the Agricultural Commission and took questions and comments from the Board.
ACTION ITEMS (Continued)
A. Request by Cape Cod Commercial Hook Fishermen’s Assn. to send letter to New England Fisheries Management Council in support of making an Atlantic Herring Management Plan a priority for 2008
Mr. McManus moved to request staff to prepare a letter based on the sample that has been provided and send it to the Executive Director of the New England Fisheries Management Council supporting the Hook Fisherman’s Association’s position. Mr. Marsland seconded the motion. The motion carried by a 4-0-1 vote with Mr. Cole abstaining from the vote.
B. Vote recommendation on acceptance of Old Carriage Drive, Walkerwoods Road and Courtney Road Extension as Town ways
Mr. McManus moved to recommend acceptance of Old Carriage Drive, Walkerwoods Road and Courtney Road Extension as Town ways and ask that a warrant article be prepared for the upcoming Town Meeting. Mr. Cole seconded the motion. The motion carried by a 4-1-0 vote with Mr. Piekarski opposing the motion.
C. Vote to approve annual McCourt Road Race
Mr. McManus moved to approve use of the School House Parking Lot and road closures for the McCourt Road Race to be held on June 21, 2008 under the following conditions:
1. Start time of the road race will be 9:30 a.m.
2. Representatives of the McCourt Foundations and the Harwich Merchants Association will meet to discuss race day issues prior to the 2008 race and issue a report prior to March 1, 2008 which will address the following items and any other items agreed to.
a. Provide a definitive plan of the parking lot clearly marking access lanes for residences and businesses and use of the handicapped parking lot at the Route 28 entrance to the lot.
b. Location and language of signs regarding the use and time availability of the parking lot.
c. Language for a press release to be sent to the press highlighting the festivities, encouraging the public to come see the race and enjoy Harwich Port rather than the typical doom and gloom traffic nightmare article that has appeared in recent years.
3. The McCourt Foundation and the Harwich Port Merchants will meet during the week following the race to critique the event and begin developing a plan for the following year’s event.
Mr. Marsland seconded the motion. Mr. Piekarski moved to amend the motion that the Town of Harwich receive notice that the McCourt Foundation has received approval from the Commonwealth to close Route 28 for that timeframe for their race. Mr. McManus agreed to the amendment. Mr. Marsland seconded the amendment and the motion carried by a unanimous vote. Mr. Piekarski commented that he doesn’t think this is the ideal location for the race and questioned the closing of Route 28 for any race. Mr. Piekarski and Mr. Cole agreed that there should be a willingness to compromise and the McCourt Foundation should consider the suggested alternatives. The main motion carried by a unanimous vote.
At this time, Chairman Wilkins allowed Golf Committee Chairman, Tony Pagliaro, to address the Board after briefing him on what had already occurred in the meeting with regard to golf issues.
Mr. Pagliaro read the following letter to the Board:
We are here this evening to discuss with you two letters you have received from the Golf Committee regarding the operation of Cranberry Valley Golf Course.
The first letter asks that an opinion from Legal Counsel regarding the operation of the Pro Shop be sought before any decisions are made about its future, and the second letter asks for Legal Counsel regarding the actual operations of the facility itself.
The Golf Committee has had a growing concern about the role it has been playing and shall play in the future, in the operations of the Golf Course.
As you know, Mr. Chairman and members of the Board of Selectmen, Harwich Home Rule Charter states in Chapter 7, Section 13-2 “The Golf Committee shall have full power and responsibility for the maintenance and operations of the municipal golf course.” It goes on to say in Section 13-3 that “The Director of Golf Operations, or employee having the general powers of supervision of the golf course shall be under the day-to-day supervision of the Town Administrator within the scope of the general policy and direction established by the Golf Committee.
These sections were approved and adopted by the people of the Town of Harwich into their charter which was last revised in July 2006. This was the will of the people.
I would like to cite two instances where the will of the people to let the Golf Committee pursue its full power and responsibility for operation and maintenance of the golf course has been stifled.
In a letter to the Town Administrator dated August 27, 2007, the Golf Committee let the Town Administrator know that the committee had voted to recommend to the Board of Selectmen that they enter into a new lease with a vendor for the necessary equipment to maintain the facility. We have been told by the Town Administrator, Mr. Merriam, that we will no longer be leasing equipment and that we will be buying our own equipment in the future. We could debate the pros and cons of leasing or where we will get the necessary monies to fund the purchase of equipment, but that is not what we are here to talk about. We are here to talk about the “Charter” and who has the authority to make this decision. With all due respect for Mr. Merriam we believe the Charter
clearly gives this responsibility to the Golf Committee.
The second case involves a vote of the committee to ask the Finance Committee for emergency funds to have an outside vendor or contractor perform some much needed preventative maintenance to the fairways. Specifically, 2 core cultivations of the fairways and one overseed. Again, we could debate the necessity of the projects we wished to have performed, and the reasons that we feel the projects were necessary, but that is not what we are here to discuss. We are here to discuss what the Charter says about whom or what body has the power and responsibility to operate and maintain the facility. The committee feels Mr. Merriam overstepped his authority and responsibility for the facility when he went before the Finance Committee with his own request for funding of one
core cultivation project. The Golf Committee was not asked to be present at the meeting and I, as Chairman was not informed about said meeting until the evening before.
Therefore, Mr. Chairman, the Golf Committee respectfully asks permission to have the Town’s legal counsel review the language in the charter and give its opinion on whom, or what body is responsible for making the decisions on operating and maintaining Cranberry Valley Golf Course.
Mr. Merriam responded with that he met with two Golf Committee members on this issue as well as the USGA report and aeration. He stated that the expert we retained said part of problem with the fairways is a combination of compaction and that we hadn’t aerated for the previous 2 springs. He stated that Mr. Boulé wanted an additional aeration this fall even though Mr. Fernandez was in the process of completing an in-house aeration. He stated after that he met with Mr. Hoye and Mr. Fernandez with regard to the recommendations and the Golf Committee’s request. Mr. Merriam stated that the discretion is right now for a fall aeration and as the work has to be done before winter he proceeded with the request for a fall aeration and asked Mr. Hoye and Mr. Fernandez to speak to the request
at the Finance Committee’s meeting. He stated that he did ask Mr. Pagliaro to join him at the meeting and albeit this was short notice he didn’t know why Mr. Pagliaro didn’t know the request was on to begin with but given that he did want Mr. Pagliaro to attend as well as any other members of the Golf Committee to support the request. Mr. Merriam further explained that with regard to a second aeration next spring, it can certainly be requested through a Town Meeting article as that request isn’t pressing right now. He stated that he had assurances by the Superintendent that he could perform the aeration in-house thus negating the need for an outside contractor to perform those services and if the Director of Golf can’t perform those services next spring certainly a second request for reserve funds can be sought at that time. With regard to leasing versus purchasing, Mr. Merriam stated that it was clearly explained to him
that the Town has a 5-year lease for 15 pieces of equipment because the Town had not supported capital requests prior so an attempt was made to put $52,000 in the annual operating budget as a way to secure this equipment without having to purchase it. He noted that he told the two Golf Committee members that we ought to have a review of the cost of leasing versus purchasing. Mr. Merriam added that this was not an attempt to challenge the Golf Committee’s authority but it was certainly challenging the Golf Committee and staff to see if we could do something less expensively.
Chairman Wilkins responded to Mr. Pagliaro that the Board will address his letter on an agenda once Mr. Merriam meets with Mr. Hoye’s attorney. He added that there are further requests made tonight on golf issues that need to be addressed as well. Mr. Pagliaro stated that many things in their budget hinge on these answers so they may need more time. Mr. Merriam responded that the deadline is November 2nd but this is a working deadline.
The Board agreed to put these issues on an upcoming agenda.
DISCUSSION ITEMS
A. Snow Inn Realty Trust letter to DEP
Mr. Merriam outlined a letter from Arlene Wilson dated in October 10, 2007 in which Ms. Wilson refers to the Snow Inn Realty Trust’s intentions to comply with the Chapter 91 license. Mr. McManus commented that Dr. Fennell seems to be moving ahead with complying. Mr. Cole pointed out that the letter does not state if an extension was applied for or was granted. He added that he doesn’t know if there is a connection to kids jumping off the platform and the access to the platform from the Merkel Beach vicinity. Mr. Piekarski stated that he still wants the Town Administrator to get the information from DEP confirming that the extension was applied for and granted.
B. DEP official position on Merkel Beach
Mr. Merriam stated that again, as indicated, they are basically going to accept the proposal as written in the October 10th letter.
SELECTMEN’S REPORT
Mr. Cole moved to appoint Keith Joudrey and John Webby to the Citizens Advisory Committee to the Comprehensive Wastewater Management Plan. He gave background on both candidates. Mr. McManus seconded the motion and the motion carried by a unanimous vote.
ADJOURNMENT
Mr. McManus moved to adjourn at 8:51 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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