MINUTES
SELECTMEN’S MEETING
GRIFFIN ROOM, TOWN HALL
TUESDAY, NOVEMBER 13, 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, Chief Flynn, Deputy Chief Norman Clarke, Chief Remillard, David Ryan, Carolyn Carey, Lincoln Hooper, Jennifer Thyng, Bill Doherty, Pauline Ashton, Paul Erickson, Richard Thomas, Bruce Nightingale, Paul Widegren, 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 pending and completed litigation.
WEEKLY BRIEFING
Carolyn Carey noted that the Community Center was scheduled to open for passport service on November 19th but she has since discovered that some of the system components needed to be ordered and the revised date to begin offering this service is now December 1st.
Deputy Chief Norman Clarke stated that on Fridays the Harwich Fire Department staff will be wearing red in support of our nation’s troops.
PUBLIC INFORMATION
Jennifer Thyng read a letter to Board in regard to the Housing Authority’s proposed emergency rental assistance program in which she provided updated information on allowable uses for Community Preservation funds. She also outlined a letter from Interfaith Council for the Homeless on the housing crisis and she distributed the documents to the Board. Ms. Thyng asked that the Board further review the documents with regard to the request. Bill Doherty noted that the Board’s decision on this request was based on information that was available at the time and asked Board to reconsider using this new information.
Chairman Wilkins thanked them for the additional information and stated that the Board will take it under advisement. He added that Mr. Cole had posed several questions on this request which are being researched and they are awaiting answers. He assured Ms. Thyng and Mr. Doherty that once this information is received this item will be back on the agenda.
CONSENT AGENDA
A. Minutes – Executive Session - November 5, 2007
B. Committee Resignation - Zoning Board of Appeals Alternate
C. Regular Police Officer Appointment
D. Accept monetary gift from Friends of the Community Center to fund unbudgeted expenditures at Center
Mr. Cole moved to approve the items in the Consent Agenda. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.
PRESENTATIONS (7:15 P.M.)
A. Presentation of Certificate of Recognition to retired Fire Chief Wil Remillard
Chairman Wilkins read a proclamation in honor of retired Fire Chief Wil Remillard. Chief Remillard thanked the Board and all the citizens and employees who have helped him over the years. He added that Harwich is a great place to work, live and raise a family and it was his privilege to serve. Chief Remillard received a standing ovation from the audience.
B. Presentation of a gift to the Harwich Ambulance Fund By Brendan O’Reilly from the proceeds of the Annual Irish Pub Road Race
Mr. O’Reilly presented the proceeds of $1,500 from the Annual Irish Pub Road Race to Chief Flynn for the Ambulance Fund. The Board expressed their gratitude to Mr. O’Reilly for this generous donation. Chief Flynn noted that this is the 20th year for the Irish Pub Road Race and we have benefited year after year. He thanked Mr. O’Reilly for his contributions to the Town and encouraged public to join in support the road race.
C. Annual Meetings with the Board of Selectmen
1. Treasure Chest
Pauline Ashton delivered the annual report of the Treasure Chest Committee. She noted that she had submitted to the Board a draft charge and policy which needs consideration. Chairman Wilkins agreed to take it up at another meeting noting that the Town Administrator’s office will get back to her to schedule a time. Lincoln Hooper commended the volunteers on their hard work and dedication.
2. Traffic Safety Committee
Paul Erickson delivered the annual report of the Traffic Safety Committee and took questions and comments from the Board. Mr. Erickson discussed with the Board the charge’s requirement that the Committee must include a representative from the Bikeways Committee and Planning Board. Mr. McManus stated that they will contact the committees and see if there is anyone willing to volunteer and if not they will try to fill the positions from the general population. Mr. Erickson offered to review the charge and get back to Board as well.
3. Trails Committee
Richard Thomas delivered the annual report of the Trails Committee and took questions and comments from the Board.
TOWN ADMINISTRATOR’S REPORT
Mr. Merriam delivered the following report to the Board:
Town Hall Energy
The Cape Light Compact representatives John Burns and Alan Mulak presented their finding to Barry Worth and me on November 6th. Their findings indicate that the Town Hall received the poorest rating of any building (12 out of 100) they have evaluated. The good news is that they will award the Town $75,000 to correct the lighting and HVAC deficiencies. A more detailed study has been approved and will be paid for by CC Light. In anticipation of removing the roof unit, we’d propose to replace the Town Hall roof for next fiscal year.
Centralized Building Maintenance
All of the Department Heads who are responsible for buildings met with me to discuss creation of a centralized building maintenance budget and function. Most were supportive that the time was right, including School Administration and the Library Director. Several questioned whether we could find the money to properly budget for building maintenance. As a result of Nor’easter Noel and power loss, 79 emergency lights in the Library were not working. The Water Dept. electrician is now assisting Ginny in replacing key lights.
Route 124 / Queen Anne Road
Mass Highway held a public hearing on November 8th. Selectmen Marsland and Cole were in attendance. Several local officials spoke in favor of the project. Link Hooper has kept the direct abutters informed. The estimated cost is $750,000 exclusive of easements. The project cost is shared 80/20 between the Federal Highway and Mass Highway. The earliest start will be Federal FY 09 (October 08). Our local task is to secure the rights of ways and temporary rights of entry. The easement costs are local, so we should add these articles to our next Town Meeting warrant. Link and I will work on easement plans with VHB and also secure appraisals to determine the fair market value of the easements.
Capital Outlay Committee
Met with CPC Chairman Jack Brown to co-ordinate efforts and discuss whether CPC funding could address some Capital requests.
Waterways Commission
Attached is the Capital Budget spreadsheet that you requested last week.
Chamber of Commerce
In our monthly meeting, Sandy Davidson and I discussed their progress with their new web site, discussed their desire to participate in the CC Chamber Economic Summit, and provided a flier regarding Workshops in Volunteer Management.
Department Heads meeting
We held a monthly meeting and discussed a wide range of topics. We discussed performance based budgeting briefly.
Employee / Retiree Health Insurance Seminar
The seminar on November 7th was well presented by Blue Cross representative Suzanne Donahue and CCMHG representative Carol Cormier. It was well attended and informative. The focus was to examine better products than Master Medical and review the benefits of joining the CCMHG.
Eagle Court of Honor
Eagle Scout rank was awarded to Andrew Call on November 7th at Cape Cod Tech. Andrew is the son of Christopher and Darlene Call. Chiefs Mason, Flynn, Bruce Young and I attended the ceremony.
Cemeteries legislation
Representative Peake has filed our bills to acquire land, but the title and acreage is not exact, so more research by Attorney Ford and the Town Engineer is underway, especially because one involves eminent domain and the vote must be taken in formal session.
ACTION ITEMS
A. Vote to approve Road Salt Contract – Highway Department
Mr. McManus moved to approve an award of the contract to Eastern Minerals in the amount of $67.20 per ton of delivered road salt to the Town of Harwich. Mr. Marsland seconded the motion. Mr. Merriam recommended approval of the contract. The motion carried by a unanimous vote.
DISCUSSION ITEMS
A. Caleb Chase Fund Guidelines
Mr. Ryan explained that the fund still has a balance of $3,100 and the Director of the Council on Aging will continue to process requests for the remainder of the year until the funds are depleted. He added that for the last three years we have been spending more than we have been taking in. The Board agreed to schedule this as an action item next week.
B. Recommendation of Town Administrator regarding Bank Street Parcel (Old Harbormaster’s building)
Mr. Merriam reported that he had met with staff and reviewed each of the parcels, their values and assessments, as well as current usages and they have come up with a recommendation on three different parcels and he noted that there is also a fourth parcel to the rear of it. Mr. Merriam noted that all four parcels are under the care of the Board of Selectmen. He outlined his recommendation to the Board (see attached letter).
Mr. Cole stated that the three parcels that are considered together in Mr. Merriam’s recommendations have different characteristics and should be dealt with differently. He stressed that we are facing huge expenses in the capital area and he doesn’t think we can leave land that is centrally located and served by all the infrastructure sitting idle. Mr. Merriam took questions from the Board on the parcels.
The Board took comments from Mr. Wiegman regarding an alternate site for the Harbormaster’s use. Mr. Leach pointed out that the Bank Street property serves as storage for many non-profit maritime groups and natural resources interests and for that reason it is very important. He noted that it had been discussed that the Downey Property could be purchased through proceeds from the sale of the Bank Street property for use by the Harbormaster. He stressed that the Downey Property has significant wetlands on it and he noted that the Rivers Act prohibits any development within 200 feet of a stream bed. Mr. Leach reiterated that the Bank Street property works really well for a lot of needs and asked the Board to preserve its use.
Paul Widegren stated that in September the Real Estate and Open Space Committee discussed these parcels and they feel very strongly that they are environmentally sensitive. He stated that these are the types of parcels that the Real Estate and Open Space Committee would be looking to buy and he urged the Board to let the parcels remain as is. Mr. McManus stated that he supports the Harbormaster’s site remaining at Bank Street until we come up with a good concrete funded plan that everyone agrees on to put it elsewhere but asked the Harbormaster to review practices to make sure we are doing everything we can to keep any pollution or runoff from affecting the wetland areas.
Harry McCafferty urged the Board to keep this environmentally sensitive area as is and open to the community. He added that he supports the Town Administrator’s recommendation.
Jeff Hurst, read a prepared statement urging the Board to keep the Harbormaster’s building at Bank Street noting that it is an ideal location for this use and the remaining property is most suitable as a conservation reserve.
Michael Lach stated that this area is under the review by the Harwich Conservation Trust for research of potential vernal pools. He also noted that they are in the midst of a botanical survey on the abutting 60 acre property which is protected by the Trust and so far more than 280 species of plant life have been identified some of which are state listed rare species or very uncommon. He agreed that it is a sensitive area and there is general groundwater sheet flow from the north to the south that ends up in the wetlands that could compromise the Bank Street bogs which feeds Saquatucket Harbor. He urged the Board to ensure habitat and water quality protection.
Peter Frangipane of 209 Bank Street commented that this is a very vulnerable area and added that the Town would be well advised to take a closer look at it.
Mr. McManus requested that Mr. Merriam obtain a broader diagram of the area which would include Gorham Road to the north and the conservation lands to the south. Chairman Wilkins noted that this item will be brought back for the Board to vote on.
C. Harwich Housing Committee request for paid Town Housing Advocate
David Purdy, Secretary of the Housing Committee read the attached statement to the Board in support of the Housing Committee’s proposal for a Housing Advocate after which he took questions and comments from the Board. Mr. Marsland stated that he is leery of hiring more staff and would prefer to look at sharing a position with other towns. Gerry Loftus and Susan Brauner stressed the need for the position. Mr. Marsland asked if the Town Administrator would see if there are enough hours that could be devoted by a staff member to serve in this function for the time being until we can further assess our needs.
Mr. McManus stated that the position warrants part time hours and should be short term. He suggested that it be for a two year term. He stated that we need to look at what the market has to offer to see what sort of individual and skill set would be available. Mr. Cole agreed that it would be unlikely to find a qualified person to fill a part-time position and that sharing the position with two or three neighboring towns would work. Chairman Wilkins remarked that this is long overdue and asked the Town Administrator to investigate alternative delivery models in order to meet the needs identified by the Housing Committee.
The Board agreed to schedule this as an agenda item in December per Mr. Loftus’ request.
SELECTMEN’S REPORT
A. Nominations of Hall of Fame/Guidelines
Chairman Wilkins noted that two nominations have been received. He asked Mr. McManus and Mr. Cole to review and bring back a recommendation to the Board.
B. Discussion vs. Action Items Agenda
C. Committee presentations
D. Meeting frequency – extending summer schedule, flex schedule for work sessions
E. Action Form
F. BOS Goals – addressed through agenda
Chairman Wilkins reported that in response to Mr. Piekarski’s request on this subject he had met with Mr. Marsland regarding frequency and length of meetings at which time they agreed to bring this to the full Board for discussion. Mr. Marsland expressed his opinion that some of the items that come before the Board on the agenda aren’t timely and require a lot more research. He commented on the numerous premature items and repeated addressing of the same items through discussion and then action. He added that he does favor an action form which contains background information as well as a recommended motion. Mr. Cole agreed that items are coming up prematurely. Chairman Wilkins responded that although the process is cumbersome at times he tends to move items to discussion in an
effort to allow the Board to voice their opinions and educate and inform the public. Mr. McManus noted that agenda items come from many paths including requests by individuals, private agencies and committees and these people are entitled to be heard by the Board. He noted that he is more concerned with the breakdown between discussion and action items. Chairman Wilkins stated that he would bring back the Selectmen’s Rules of Operation for the Board to reconsider.
Mr. Piekarski stated that if an item comes before them in the Town Administrator’s Report they can consider where it goes from there. He stated that he does not think they need to meet as often as they do and that they get involved in things they shouldn’t. He suggested that it may be best for the Town Administrator’s office for the Board to not meet weekly to give them time to accomplish things that come out of the agenda and he stated that in his opinion they can meet on an every other week basis. Mr. Piekarski further stated that there may be better times for committees to come before them.
Mr. Merriam suggested extending the summer schedule and Chairman Wilkins suggested extending it from June 1 to October 1. Chairman Wilkins recommended that Mr. Merriam find out from neighboring towns when committee presentations are made. Mr. Cole commented that committees could submit written reports and then the Board could ask questions based on the reports. Mr. Marsland pointed out that part of the reason the committees come before the Board is to educate the public but agreed that a summary report should be submitted in advance and this would make the process run more smoothly.
Chairman Wilkins requested to extend the meeting for 5 minutes. Mr. Piekarski seconded the motion and the motion carried by a unanimous vote.
With regard to meeting frequency, Mr. McManus noted that the Board needs to take into consideration licensing requirements and he recommended looking at allowing staff to give out provisional licenses in anticipation of permanent licenses being granted. He suggested that it may not be necessary for the Board to remain as the licensing authority.
ADJOURNMENT
Mr. Cole moved to adjourn at 10:30 p.m. Chairman Wilkins seconded the motion and the motion carried by a unanimous vote.
Respectfully submitted,
Ann Steidel
Recording Secretary
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