MINUTES
SELECTMEN’S MEETING
GRIFFIN ROOM, TOWN HALL
MONDAY, JANUARY 14, 2008
7:00 P.M.
SELECTMEN PRESENT: Cole, Marsland, McManus, Piekarski, Wilkins
SELECTMEN ABSENT: None
OTHERS PRESENT: Town Administrator James Merriam, Asst. Town Administrator Nan Balmer, Lt. Lee Culver, Deputy Chief Norman Clarke, Craig Wiegand, Tom Leach, Carolyn Carey, Gerry Loftus, Pam Groswald, Ginny McCann, and others.
MEETING CALLED TO ORDER at 7:10 p.m. by Chairman Wilkins.
Chairman Wilkins reported that the Board had just come out of Executive Session where they discussed some unfinished contract negotiations.
WEEKLY BRIEFING
Lt. Culver reported that he has been working with the Water Department and Technology Coordinator in getting the Town-Wide Emergency Notification System up and running. He explained that every property owner will be sent a letter requesting contact phone numbers and e-mail addresses which will be keyed into the system to be used in an emergency. He added that they hope to have the system in effect before the next hurricane season.
Lt. Culver also stated that he was not notified of the Board’s recent meeting in which they decided to trade-in the Rescue 73 vehicle once the Fire Department has replaced it. He stated that he would like to use the vehicle as a command post and in doing so take two 1980’s vintage Dodge ambulances off the road which are both rusting out and are not repairable. He stated that Rescue 73 would not pass State inspection as a Class I rescue vehicle but would be able to pass safety inspection so that it could be used on the road as a command post. He asked the Board to reconsider their decision and transfer Rescue 73 to the Emergency Management Department. Chairman Wilkins responded that the issue was discussed but they had based their decision on the fact that previous Boards had
been criticized for redirecting vehicles that should have been traded in. He stated that if we really deem Emergency Management as a priority of the Town then we should not saddle the Department with a used vehicle that has already been recommended to be traded in and he stressed the need to figure out a way to meet this need. Lt. Culver pointed out that a new command post would cost between $80,000 and $125,000 stripped down and he is looking at saving the Town money on one end and fulfilling a need on the other as we already have most of the radios, a vehicle and staff to make the changes on that vehicle. Chairman Wilkins asked Lt. Culver to prepare a cost analysis to give them some indication as to what it would cost to maintain that vehicle annually, where it would be kept, and what the insurance would be. Mr. McManus asked that Lt. Culver include more narrative and information on a comparison between the standards that the ambulance failed and what
the standards are to run the vehicle on the road because it was unclear that they were talking about different sets of standards and Mr. McManus also asked Mr. Merriam to check into whether the trade-in specification would be a dealbreaker to anyone who wants to sell us an ambulance. Lt. Culver agreed to have the information by the Board’s next meeting.
Deputy Chief Clarke notified the public that burning season is from January 15 to May 15 and that they must come to the Fire Department to receive and sign instructions to participate in the program. He noted that burning can take place from 10:00 a.m. to 4:00 p.m. but must start by 12:00 p.m.
Carolyn Carey stated that the Community Center has started the Passport Program which she expects will provide a great revenue stream for the Town. She thanked Jill Mason for her help in implementing the program.
PUBLIC COMMENT/ANNOUNCEMENTS
Gerry Loftus provided a brief update on housing related issues noting that there will be a talk on the Harwich Center Initiative run by the Planning Department on January 15th at Old Rec Building at 7:00 p.m. and January 17th at 10:00 a.m. and he invited all to attend and provide input. He also noted that on January 19th the League of Women Voters is sponsoring an Affordable Housing Forum from 10:00 a.m. to 12:00 p.m.
Pam Groswald spoke on behalf of Community Center Facilities Committee and asked the Board to put the Committee on their agenda for next week to discuss the cut of the Principal Clerk position at the Community Center. She explained that the Committee had met and after in-depth discussion decided that this position is not something they can afford to have cut. She pointed out the new revenue stream from the Passport Program as well as other proposals for which she distributed backup information to the Board. Chairman Wilkins responded that this is a request to review the budget and as such should be redirected to Mr. Merriam and Ms. Balmer after which the Board would schedule a review of the entire Community Center facilities budget. Mr. Piekarski stressed that in his opinion this should go
through Mr. Merriam and when the Board entertains individual requests it can be taken up at that time. Mr. Cole noted that in the past they held sessions to allow departments and boards to identify implications to their operations from budget cuts and he questioned if the Board wants to hear from them or have them go to Mr. Merriam who would then bring budget amendments to the Board. Mr. McManus stated that he had asked Mr. Merriam for a listing of where the reductions are and differences from what the department heads asked for and last year’s services. Mr. Merriam stated that a number of departments have already come to him to discuss the cuts and for the most part he has been dissuading them from seeking further appeal. He noted that he does have a running list of what he thinks should be adjusted and will compile them into a budget amendment. Mr. Marsland urged that the Town Administrator needs to be the one to address the requests and bring
his findings to the Board. Mr. McManus reiterated the need to know what the differences are from last year’s budget and Mr. Cole agreed. Mr. Cole stressed that he doesn’t want anyone being prevented from coming before the Board whether or not Mr. Merriam tries to dissuade them. Mr. Merriam suggested starting with the department heads and Ms. Groswald pointed out that she is not a department head but rather is part of a committee. She added that the Community Center budget supports other Town budgets by providing custodial services and supplies and she suggested that these items be put in the respective department’s budgets. Mr. McManus pointed out that it is the role of committees that are appointed by the Board to look after specific departments or buildings to give advice to the Board and the Board should not be denying them. Mr. Piekarski reiterated his opinion that the process should start in the Town Administrator’s
office. Mr. Cole stated that he is not satisfied with identifying whether the reductions were made in the requests but he wants to know what the impacts are. Ms. Groswald commented in her role as Chairman of the Voter Information Committee that she looks forward to a very succinct answer to this dilemma as to who reports to who and suggested that it might be time to write some new policy on this. She added that the Voter Information Committee would like to reinstitute the annual session with District Attorney’s Office on the Opening Meeting Law, Sunshine Act and ethics issues to know what the rules are and who is in charge. The Board agreed that Ms. Groswald should meet with the Town Administrator.
PUBLIC HEARINGS/PRESENTATIONS (7:15 P.M.)
A.~~~~~Public Hearing – Harbor Management Plan (continued from Dec. 17, 2007)
~~~~~~~~~~~~~~~and reconsideration of vote on Marine Fee Schedule
~~~~~~
Mr. Cole reported that the Waterways Committee did not have a quorum at their last meeting and therefore was not able to act on Town Counsel’s recommendations on their proposed language changes to the Harbor Management Plan. Mr. Cole moved to continue the public hearing on the Harbor Management Plan that originated on December 17, 2007. The motion was not seconded. Mr. McManus noted that they can consider the revision to the fee schedule as the fees are contained in the Harbor Management Plan. Mr. McManus moved to reopen the continued hearing on the Harbor Management Plan. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.
Mr. Leach identified typographical errors in the Appendix B – Marine Fee Schedule. Mr. Marsland moved to reconsider their vote taken on December 17, 2007 on the Marine Fee Schedule. Mr. McManus seconded the motion and the motion carried by a 4-0-1 vote with Mr. Piekarski abstaining from the vote. Mr. Leach outlined his proposal for Private Property Moorings noting that Town Counsel had made minor changes. He explained that it would accommodate waterfront property owners that are more than one-half mile from a Town landing who want to put a mooring in front of their house but would have to be approved by him. Mr. Marsland noted that he would like the Waterways Committee to look at this again and Mr. Cole pointed out that they have already indicated that it is not in their purview.
Mr. Marsland reiterated that he would like to give the Waterways Committee the opportunity to look at this. Chairman Wilkins agreed that the Waterways Committee does not want to deal with this issue. Mr. McManus moved that in Appendix B in the second box in the column titled “Notes” which currently reads “Vessels with C Permits” be changed to read “Vessels with A Permits” and in the third box in that same column which currently reads “Vessels with C Permits and D Permits” be changed to read “Vessels with D Permits and F Permits.” Mr. Marsland seconded the motion and the motion carried by a unanimous vote.
Mr. McManus stated that he would like a recommendation from the Waterways Committee as to where to insert the Private Property Mooring information to the Harbor Management Plan. Mr. McManus moved to continue the hearing again to February 18th to take up the matters of the mooring policy changes that they recommended on yacht club and yacht sales, moorings and private property moorings. Mr. Marsland seconded the motion. Alan McLennen stated that his family often had boats moored in front of their property since 1907. He explained that with the recent death of his father, the family property on Pleasant Bay is being removed from the Trust and is being distributed to other family beneficiaries and he hopes that these beneficiaries have the opportunity to have a mooring in front of the
property. He added that he will appear at the hearing on February 18th to testify further. Chairman Wilkins recommended that Mr. McLennen submit correspondence to the Waterways Committee on this topic. The motion carried by a unanimous vote.
Mr. Leach suggested the Board appoint alternate members to the Waterways Committee to deal with the quorum issue.
OLD BUSINESS
A. ~~~~~Reduce membership of Disability Rights Committee
Ms. McCann, Chair, explained that in her opinion, as well as in the opinion of the ADA Coordinator, the Committee needs seven members for the amount of work they do but the Committee members are recommending a membership of five as they feel they won’t get a quorum. She noted that they have three vacancies, one person has been ill recently and missed the last two meetings and one person goes to Florida. Mr. McManus stated that the Committee is authorized to have nine members and currently has six members. He said he is reluctant to reduce the membership to five as that would require them to remove a member and there should be some discussion especially with the member they would recommend to be removed. He stated that he is willing to reduce membership to seven which would reduce the required
quorum to four. Mr. Marsland suggested reducing the membership to five and having an alternate position until such time that there is an opening. Mr. McManus moved to reduce the membership to seven and Mr. Cole seconded the motion. Mr. Piekarski noted his preference to reduce the membership to five. Chairman Wilkins recommended going with Ms. McCann’s recommendation with the knowledge that they may be revisiting this issue and Mr. Marsland pointed out that this would require that they appoint another member. The motion carried by a 4-1-0 with Mr. Marsland in opposition. Chairman Wilkins requested that Ms. McCann meet with Ms. Balmer in the near future to register some of her suggestions as to next step.
Mr. Cole announced that there are vacancies on many committees including such key committees as Zoning Board of Appeals, Capital Outlay, and Planning Board and he encouraged the public to consider these important committees. Chairman Wilkins asked Mr. McManus and Mr. Cole to consider the possibility of the Finance Committee taking over the responsibility of the Insurance Committee.
CONSENT AGENDA
A.~~~~~~Approve minutes – January 7, 2008 Executive Session
B.~~~~~~Accept donation from Barry family for memorial bench to be placed at Brooks
Road Beach
C.~~~~~~Approve 7th Annual MS Challenge Walk for September 5, 2008
Mr. McManus moved approval of the Consent Agenda and the recommended actions thereon. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.
NEW BUSINESS
A.~~~~~Set seasonal population
Mr. McManus moved to set the seasonal population at 30,500. Chairman Wilkins seconded the motion. Mr. Marsland questioned if the figure is a little high considering the recent information on no growth. Mr. Wiegand recommended going with a higher figure in light of the 7 million gallon a day water pumpage in the summer as opposed to the 2 million in the winter. Mr. Cole commented that the pumpage cannot all be attributed to the influx of summer population. The motion carried by a 4-0-1 vote with Mr. Cole abstaining from the vote.
B. Vote to sign Presidential Primary Warrant
Mr. McManus moved to approve the warrant and vote to sign it. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.
C.~~~~~~Vote Brooks Academy/Historical Commission lease agreement
Mr. McManus outlined the changes to the document and moved to accept the agreement. Mr. Marsland seconded the motion. Mr. Piekarski offered numerous changes which the Board discussed. At Chairman Wilkins’ request, Mr. Piekarski agreed to provide his changes to Mr. McManus. The Board agreed to bring this item back.
D.~~~~~~Regionalism/municipal cooperation – drafting a plan of action
Chairman Wilkins read a letter from the Town of Yarmouth inviting discussion regarding the possibility of the Town becoming a partner in the Dennis-Yarmouth Regional School District. Mr. Piekarski stated that the first step should be for the Town Administrators from the three towns to discuss this and report back. Mr. Merriam stated that he had shared the letter with Dr. Cragin and Mr. Costin who he said have both served on the Building Needs Subcommittee on Regionalism and they are working diligently to gather information with regard to space needs and funding allocation and hope to have a status report in February. He added that Dr. Cragin has asked that the School Committee and Building Needs Committee be included in any of these deliberations. The Board agreed that Mr.
Merriam should meet with the Dennis and Yarmouth Town Administrators.
E. ~~~~~Vote to join Cape Cod Municipal Health Group
Mr. McManus moved to authorize the Chairman to sign the letter to Mr. Whritenour, Steering Committee Chair of the Cape Cod Municipal Health Group dated January 14, 2008 as revised. Mr. Cole seconded the motion and the motion carried by a unanimous vote.
TOWN ADMINISTRATOR’S REPORT
Mr. Merriam delivered the following report to the Board:
Stonewood Products
I discussed public safety issues with staff regarding access / egress off Depot Street. Plan to meet with owner to find temporary solutions while awaiting CCC change of rules.
Voting machines
With Anita receiving notices that our current voting machines will not be serviced after this November’s election, we met to discuss acquiring new machines.
Police/ Fire radio towers
Staff met with Barnstable County representatives to develop a plan for replacing damaged towers. Nan Balmer is coordinating the proposals as we attempt to replace two smaller towers with one that can serve both departments and not interfere with the new Police Station project.
Red River Beach
Staff met at Red River Beach to discuss the dune restoration project. We were all pleased with the County Dredge project, but needed to address how the DPW cleans and deposits codium.
Cranberry Valley
Nan and I met with Dennis to discuss the STM article for the pro shop funding and developing a business plan, the revolving account in the ATM and the revised Golf Director job description. I have been invited to attend the Golf Committee’s January 28th meeting to further discuss these matters.
FY 09 Budget Recommendations
I have received numerous contacts inquiring about specific cuts. I’ve suggested that amendments may be considered in the future. I did speak to Carolyn Carey and Senna Fernandez regarding a proposed Principal Clerk cut in the Community Center budget. I assured Senna that it will have no impact upon her and her planned retirement in March 09. Carolyn will be discussing options with the Facilities Committee on Friday morning and she has already shared some budget adjustments which will restore full funding for this position.
Old Rec/ West Harwich School
We completed a very productive session with Lynn Spencer and Arthur Vogt from Menders. The group made major decisions regarding the final RFP. A copy of their schematics is in my office and hand-outs are in your office, including the price estimates, construction estimates, packets for each site and the draft RFP.
SELECTMEN’S REPORT
The Board briefly discussed the Flex Bus issue after which Mr. McManus described a letter that Representative Peake sent to all the towns in her district asking that the letter be sent on town letterhead to the Governor in support of State funding for the Flex Bus route and fully funding the RTA. Mr. McManus moved to approve sending a letter to the Governor in support of the RTA. Mr. Marsland seconded the motion. Mr. Cole stated that he would prefer to customize the letter based on our concerns or any information we have. Chairman Wilkins assigned the task to Ms. Balmer. The motion carried by a unanimous vote.
ADJOURNMENT
Mr. Cole moved to adjourn at 9:27 p.m. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.
Respectfully submitted,
Ann Steidel
Recording Secretary
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