MINUTES
SELECTMEN’S MEETING
GRIFFIN ROOM, TOWN HALL
MONDAY, NOVEMBER 26, 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, Lincoln Hooper, David Scannell, Susan Leven, Jeff Carter, John Mahan, David Nixon, Michael Lach, Pauline Ashton, 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 ratified a Memorandum of Agreement between the Town and the Highways and Maintenance Employees Association. He outlined details of the contract and Mr. McManus noted that it is subject to a vote at the next Town Meeting.
WEEKLY BRIEFING
Ms. Leven appealed to the public for volunteers to serve on the Planning Board and Board of Appeals and invited anyone interested to attend their meetings. She gave a synopsis of what the positions would require.
PUBLIC INFORMATION
Chairman Wilkins reported that the Harwich Taxpayers Association had recently issued a report entitled “Harwich Schools Spending Review Findings 2005 – 2006.” He explained that although the Harwich Taxpayers Association had requested that the report not be released until November 23 and subsequently November 30, the report would be made available due to the requirements of the Freedom of Information Act. He added that the Board has prepared a statement in response and it will be released on November 30, 2007.
CONSENT AGENDA
A. Approve Minutes – November 5, 2007 - Regular Session
B. Accept resignation from Disability Rights Committee
C. Accept resignation from Housing Committee
D. Accept resignation from Planning Board
E. Approve appointment to Capital Outlay Committee
F. Approve appointment to Trails Committee
Mr. Cole requested to hold Item A. Mr. McManus moved to approve the items on the Consent Agenda, absent Item A, and accept the recommended actions thereon. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.
Mr. Cole moved that the last line of the first paragraph on Page 9 of the November 5, 2007 minutes be changed to “Mr. Cole asked that Mr. Merriam have Town Counsel review the proposal.” Mr. Piekarski seconded the motion and the motion carried by a unanimous vote.
PRESENTATIONS (7:15 P.M.)
A. Multi-Purpose Recreation Fields – property behind Community Center
David Nixon and John Mahan of the Recreation and Youth Committee as well as Director of Recreation and Youth, Jeff Carter, proposed a project to build fields behind the Community Center. Mr. Carter discussed the idea of building one big multi-purpose field behind the Community Center to try to incorporate all the needs of the Town to maximize all the recreation use and also take into consideration the possibility of a swimming pool in the future. He explained that they looked at all the field uses and demands in coming up with this concept and that they would like to present a proposal to CPC for funding. Mr. Nixon noted that the property is under the jurisdiction of the Board of Selectmen and that this plan is a modification of a plan already in the Planning Department. Mr. Carter and Mr. Nixon
took questions from the Board. Mr. McManus pointed out that this would require increased maintenance costs. He recommended looking at what we have now as well as future costs and he asked that the field analysis that was put together by Mr. Fernandez be given to Recreation and Youth as well as the School Department in order to get a better handle on what field capacity we have now. He added that we should consider consolidating turf management. Mr. Merriam noted that access and shared parking need to be addressed. He also stated that he would like to put this in the capital budget if it goes forward as opposed to going for CPC funds. Mr. Merriam further stated that he believes that CPC funds can be used for new recreation facilities and John Mahan said they are going to present the concept to the Capital Outlay Committee this week.
DISCUSSION ITEMS
A. Treasure Chest Volunteer Committee Charge and Rules
The Board discussed the draft charge and rules and asked questions of Mrs. Ashton. Mr. Piekarski commented that he has a problem with the charge where it states that the Board of Selectmen determines who the Chair is. Mr. Cole agreed and stated that there should be a substitute sentence to indicate that the Committee elects the Chair. Mr. McManus suggested the language “The Committee, by election, shall designate one member to serve as Chairman.” Mr. Cole moved to accept the draft as amended by Mr. McManus’ language. Mr. Marsland seconded the motion and said he would like to see a Statement of Purpose for the Treasure Chest. Mrs. Ashton noted that according to their charge, the purpose is to facilitate the early drop-off and pick-up of reusable items in the designated
area. Mr. McManus pointed out that this is the Committee’s purpose and they are looking for a purpose of the Treasure Chest itself. Mrs. Ashton responded that the purpose of the Treasure Chest is to keep reusable items out of the landfill. Mr. McManus suggested the language “The purpose of the Treasure Chest is to provide a venue for the transfer of reusable items amongst interested citizens and to further divert additional refuse from the Transfer Station and landfill.” Mr. Cole commented that there is an additional purpose as noted previously by Mrs. Ashton and that is to provide certain kinds of household items for the needy. Mr. McManus suggested additional language “and to divert reusable items for use by non profits and charitable organizations.” Mr. Cole further added the language “and/or needy individuals.” Mr. Piekarski remarked that the purpose should be
stated in the rules and he recommended that this item be brought back next week with the language incorporated into the document. Chairman Wilkins asked Mrs. Ashton to work with Mr. Hooper on the purpose statement prior to next week. Mr. McManus agreed with Mr. Piekarski that the purpose statement should be at the top of the Rules and Regulations because the document can be posted whereas people aren’t going to read the Committee’s charge.
TOWN ADMINISTRATOR’S REPORT
Mr. Merriam delivered the following report to the Board:
Performance Budgeting
I attended the second half of Mark Abrahams course in Performance Based budgeting in Needham on November 16th. I have the materials to start the process, which is converting a line item budget to a program budget. Once converted to the program budget, Department Heads can establish goals and measurements of outcomes. This will require a multi-year schedule.
Finance Committee
The Finance Committee met on November 20th. Dave Ryan and I presented the 5 year plan to them. They also voted on Reserve Fund Transfer requests from the Library to address deferred safety maintenance on emergency lighting, leaking sprinklers and non-functioning smoke and heat detectors. They approved $36,609.13 which will repair all known leaks, 97 smoke and 2 heat detectors, and start replacing the most important emergency lights, installed by our Water Dept. electrician. The Finance Committee also voted to recommend Nan’s new Human Services forms. They expressed concern over the potential exposure from not funding the Flex Bus. They also wish to support acceptance of Section 18 of Ch. 32B regarding Medicare coverage for retirees.
Ecumenical Church Service
On Sunday, November 18th, St. Peter’s Lutheran Church hosted an ecumenical service in which Harwich churches participated in an afternoon for Habitat. Enclosed is a copy of the bulletin and green insert about Habitat for Humanity. Most of those who attended volunteered to work on Habitat projects for 2008.
Brewster Affordable Housing Fund
Gerry Loftus provided us with a copy of Brewster’s Town Meeting Article which authorized the Board of Selectmen to file legislation to create this fund. The legislation passed in 2006.
ACTION ITEMS
A. Request by Housing Committee to name street for Driftwood Affordable Housing Project – Shirley and Richard Gomes Way
Mr. Marsland moved to approve the request by the Housing Committee to name the street for the Driftwood Affordable Housing Project the Shirley and Richard Gomes Way. Mr. McManus seconded the motion and the motion carried by a unanimous vote.
B. Vote to approve recommendation of Town Administrator regarding Dog Hearing held on November 19, 2007
Mr. Merriam explained that the matter involved a dog attack that occurred on November 4, 2007 to Michele McMahon by three dogs as she walked on Great Woods Road and that two of the dogs are owned by Richard Ferri and a third dog is owned by James Lear. He further explained details of the case and recommended that the Board approve the recommendation of the Animal Control Officer as follows:
1. All three dogs be referred to an animal behaviorist for evaluation within two weeks in an effort to determine if any of the dogs have aggression issues. A report from the behaviorist would be sent to the Animal Officer with copies sent to the dog owners and the victim. If there were any negative results from the testing, the hearing would be reopened.
2. Prohibit all three dogs from being off leash when off the property at 27 Great Woods Road and constrained in an escape proof pen to be inspected by the Harwich Animal Control Officer.
3. Because Mr. Lear and Mr. Ferri would be moving to Brewster, the Brewster Animal Control Officer would be advised of the dog’s relocation to 98 Hazel Lane, Brewster, prior to Christmas.
Mr. Marsland stated that he would like to see #2 indicate that the dogs should be leashed off the property and on the property when not in the pen. Mr. Cole suggested that the simplest language would be that they be on a leash when not in the pen. Mr. Merriam agreed to make the adjustment. Mr. Cole moved to accept the Animal Control Officer’s and Town Administrator’s three recommendations with the suggestions made by Mr. Marsland regarding leashing. Mr. Marsland seconded the motion. Mr. Marsland questioned whether they need to declare the dogs a nuisance and Mr. Merriam responded that he is not asking for the Board to make that finding as the evaluations should come first. The motion carried by a unanimous vote.
C. Award of Compact Track Loader – Division Highway and Maintenance
At Mr. Hooper’s recommendation, Mr. Marsland moved to award a contract to the low bidder, Robert Childs, Inc. of South Dennis, MA in the amount of $42,850 for a Case 440 CT loader. Mr. Cole seconded the motion and the motion carried by a unanimous vote.
D. Adopt policy for health insurance for elected officials
Mr. Marsland questioned whether those that would be affected by this decision had been notified that this was on the agenda and Ms. Balmer confirmed that they had directed staff to do so. Mr. Cole asked Mr. Merriam if he had a recommendation and he responded that he did not. Chairman Wilkins commented that he had read the documentation from Town Counsel in regard to the available options and he is leaning toward the second one which addressed grandfathering. He added that he feels comfortable maintaining health insurance for individuals as long as they serve in the capacity that they have been elected to and Mr. Cole agreed. Chairman Wilkins added that the present retirees would not be affected. Mr. Piekarski indicated his preference to end this benefit at the end of the current terms and Mr.
Marsland agreed noting that those affected would be eligible for COBRA. Mr. Marsland noted that they are asking unions to make concessions in the health insurance and this is the least they can do. He added that he would be agreeable at some point in the future to allow part-time elected officials to participate in the Town health plan at 100% of the cost. Mr. Piekarski stated that he would like to make sure that those affected were notified that this was going to be an agenda item and the Board agreed to bring this item back. Mr. McManus noted that he is enrolled in the Town’s medical plan and he did so under certain beliefs which are best accommodated by Chairman Wilkins’ and Mr. Cole’s opinion and he would support that as well. He added that it is a part time job but he feels he does put forth a good effort for the Town. Mr. Cole questioned Town Counsel’s opinion regarding the 20 hour threshold and Mr. Merriam
responded that it is hard to document the number of hours therefore Town Counsel is saying elected officials don’t need to meet the number of hours. Mr. McManus requested that in the notification of other elected officials that the policy choices be made clear to them.
E. Approve Performance Evaluation forms for Town Administrator
The Board discussed the two proposed forms with Mr. Marsland and McManus indicating that they prefer the long version. Mr. Cole moved to adopt the long form because a couple of the Board members prefer to use it. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.
F. Vote to change Selectmen’s Rules of Operation
The Board discussed changes to the Selectmen’s Rules of Operation Order of Business which Mr. McManus summarized as follows:
I. Call to Order
II. Weekly Briefing
III. Public Comment/Announcements
IV. Consent Agenda
V. Public Hearings/Presentations
VI. Old Business
VII. New Business
VIII. Town Administrator’s Report
IX. Selectmen’s Report
X. Adjournment
Mr. Piekarski moved to make the changes. Mr. McManus seconded the motion and the motion carried by a unanimous vote.
G. Vote to approve Harwich Conservation Trust/Conservation Restrictions:
1. Preservation of the premises owned by Spion Kop Realty Trust, and
2. Preservation of the premises owned by James D. Power III
Michael Lach, Executive Director of the Harwich Conservation Trust, explained that the Trust is seeking the Board’s vote of approval and signatures on two perpetual conservation restrictions on approximately 24 acres from Spion Kop Realty Trust to Harwich Conservation Trust and on approximately one-half acre from James D. Power to Harwich Conservation Trust. He outlined the specifics as described in the attached letter from the Harwich Conservation Trust dated November 11, 2007. Mr. Lach and Mr. Scannell took extensive questions from the Board regarding #1, Preservation of the premises owned by Spion Kop Realty Trust.
Mr. McManus moved that the Board of Selectmen approve the conservation restriction between Lisa A. O’Day and Linda M. Root, Trustees of the Spion Kop Realty Trust and the Trustees of the Harwich Conservation Trust and authorize the Board to sign the required documents. Mr. Cole seconded the motion for discussion. Mr. Lach and Mr. Scannell took further questions from the Board after which the motion carried by a unanimous vote.
Mr. Lach and Mr. Scannell took questions from the Board regarding #2, Preservation of the premises owned by James D. Power III.
Mr. McManus moved that the Harwich Board of Selectmen approve the offer of the conservation restriction by James D. Power III to the Harwich Conservation Trust of approximately one-half acre locus on the northwest shore of Skinequit Pond and authorize the Board to sign the required documents. Chairman Wilkins seconded the motion. Mr. Cole commented that this doesn’t afford any water protection that he can see and that it is being done for tax purposes. Mr. Lach disputed Mr. Cole’s statement and Mr. McManus agreed with Mr. Lach. The motion carried by a 3-2-0 vote with Mr. Cole and Mr. Piekarski in opposition.
H. Vote to approve Human Services Grant application and contracting process
The Board agreed to wait until next week to address this item to give the Board more time to review the information submitted by the Assistant Town Administrator.
DISCUSSION ITEMS (Continued)
B. Flex Bus Update
The Board discussed opting out of the Flex Bus program after which Mr. McManus requested that Ms. Balmer get a description of the process to do so as well as whatever documents or contracts seem pertinent for the next meeting. He also requested that Mr. Merriam contact the related Town Managers to find out what they know. Mr. Merriam noted that he would also get the latest from Senator O’Leary and Representative Peake. Mr. McManus commented that there is a lot of information they need to understand for the next meeting and this would leave them a week to put together a proposal to deliver to the Regional Transit Authority’s board meeting to start the process and not let any more time get away.
SELECTMEN’S REPORT
A. Selectmen’s Goals
The Board took no action on this item and agreed to bring it back next week.
ADJOURNMENT
Mr. Marsland moved to adjourn at 10:05 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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