Town of Harwich Massachusetts - Minutes

SELECTMEN’S MEETING

GRIFFIN ROOM, TOWN HALL

MONDAY, JUNE 9, 2008

SELECTMEN PRESENT: Cole, LaMantia, Marsland, McManus, Wilkins

SELECTMEN ABSENT: None

OTHERS PRESENT: Town Administrator James Merriam, David Ryan, Lincoln Hooper, John Chatham, Tom Leach, George Boulé, Joan Garrity, Tony Pagliaro, Jeff Driscoll, Pete Watson, Charlie Mooney, Richard Waystack, and others.

MEETING CALLED TO ORDER at 7:00 p.m. by Chairman Wilkins.

No one appeared before the Board.

PUBLIC COMMENT/ANNOUNCEMENTS

No one appeared before the Board.

1. May 19, 2008 - Regular Meeting

2. June 2, 2008 – Executive Session

B. Approve renewal of Junk Dealer license for Olde Square Exchange

C. Approve Annual Police Appointments

D. Accept gift from Ora Gaylord Arooth Trust to the Community Center

E. Re-appoint Richard Larios to Cable Advisory Committee

Mr. McManus requested to remove Item A from the Consent Agenda. Mr. McManus moved approval of the Consent Agenda and the adoption of the recommended actions thereon. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

Mr. Marsland moved to approve the May 19, 2008 minutes. Mr. Cole seconded the motion and the motion carried by a 4-1-0 vote with Mr. LaMantia abstaining from the vote.

Mr. Marsland moved to approve the June 2, 2008 Executive Session minutes. Mr. McManus seconded the motion and the motion carried by a unanimous vote.

A. Golf Committee – Exit Interview

Chairman Wilkins invited input from the Golf Committee members who had recently resigned. He noted that these individuals represent approximately 40 years of service to this community and it is an unusual action for 5 members of a committee to resign this abruptly.

Mr. Boulé stated that he is responding to the question of why he resigned. He explained that he believes that the golf course and the whole operation needs to be more proactive in adapting to the changes dictated by the state and that the Golf Department, Board of Selectmen and the Town Administrator are trying to run the golf course the way it has for 30 years but he thinks it needs to change in a lot of different areas. He stated that the Town was changing the way it does business at the golf course including having a new revolving fund and taking over the Pro Shop and that what happens on the driving range has been incorporated into the revolving fund. He stated that it was his feeling that with these new changes it was a good time to move in a direction where the Director of Golf solely ran the golf course and that he needed to spend more time in the office managing the revolving fund and taking care of business in the Pro Shop. He stated that he thought it was dangerous to adopt his plan and tell him to spend more time on the driving range because basically it is asking him to generate more money on the driving range and that would take more time away from his primary purpose.

Mr. Boulé expressed his concern that there are 4 groups trying to run the golf course including the Golf Committee, Town Administrator, Director of Golf and the Board of Selectmen who all seem to be involved in one way or another in developing plans for the golf course and that isn’t going to work. Mr. Boulé explained that the Golf Committee had gotten input from the Director of Golf and began to develop a plan in which the Town Administrator and Board of Selectmen ultimately became involved in and this is not the way the Charter dictates they do business. He stressed that the Charter needs to be reviewed, all four of those bodies need to know exactly what their responsibilities are, and a streamlined approach to this needs to be hammered out. He commented that the Selectmen are the least qualified to make decisions as far as the direction of the golf course. He provided an example that when approving the Director of Golf’s plan, he heard at least one Selectman say that he had never read the plan. He also noted that at a recent meeting their liaison, Mr. Marsland, said there is nothing wrong at the golf course and it will continue to be successful because we have a Director of Golf, Town Administrator and Town Accountant that will wave red flags if there is a problem. He commented that nowhere in that statement did Mr. Marsland mention the Golf Committee and that is part of the problem. He stated that he has been seeing Mr. Ryan wave red flags that revenue is declining at the golf course. He noted that they have been developing a long range capital plan and he guesses that none of the Selectmen know what the next three projects are. He listed the projects as the tee box renovation, cart path repaving and cart barn replacement and he noted that they total $1 million. Mr. Boulé further stated that the Capital Outlay Committee and Finance Committee have also waved red flags and made it clear that they would not back any more projects unless they demonstrated the ability to pay the bond which was a driving force in their developing this other plan. He stated his concern is that the three other groups do not have all this information that was used in developing the plan.

Mr. Boulé stated that the Board of Selectmen has put Mr. Hoye in a very bad position as there is at least an appearance of a conflict of interest when developing a plan that dictates his job description and his ability to make money giving lessons on his own. He stated that it is unfair to put Mr. Hoye in that position and their plan considered that and tried to alleviate it. He stated that he personally feels that the Golf Committee should have the primary say in developing plans and policies, it all needs to be straightened out and this is why he decided to resign. He stated that he has been on the Committee for 11 years and feels for the most part he is wasting his time. He stressed that he is not bitter and that he enjoyed every bit of being involved with this golf course.

Mr. Boulé, Mr. Ryan and Mr. Merriam took questions and comments from the Board. Mr. LaMantia agreed that roles need to be defined and Mr. Cole stated that they have been treating them as they do other committees and that is in an advisory capacity.

Mr. Driscoll commented the Golf Committee cannot be compared to other committees and is unique unto itself. He stressed that if they want to make it an advisory committee, they need to look at the budget aspect of it. He pointed out that if they are not generating the revenue they need to increase the fees. He noted that they tried to institute a system of checks of balances and asked that a purchase order system to track expenditures be put in place a year and a half ago and it has never been put into practice. He indicated that this is typical of the kind of frustration they are dealing with and is just part of an accumulation of issues that led to his resignation. He also noted that the committee had never been treated as an advisory committee before. Mr. Driscoll stated that they would like to see a final solution that is best for the taxpayers.

Mr. Pagliaro commented that the days of 6 figure profits at Cranberry Valley are over and if we are not on the ball we will fall behind. He added that a golf course that is privately owned doesn’t need to worry about the Open Meeting Law, committees, Boards of Selectmen or Golf Committees.

Mr. Watson commented that the structure is abominable as a business model. He reiterated the numerous groups who have input including liaison Mr. Marsland, the Board of Selectmen, the Town Administrator, the Golf Committee and the golfers themselves. He stressed that there is no clear line of authority or responsibility which is the basis of our problems right now. He stated that the Charter doesn’t reflect reality and we need to change it and decide what the proper business model is that we need to follow. He took questions from the Board.

The Board discussed the comments and Chairman Wilkins noted that they are trying to ascertain from them how to improve the situation. He stated that they are well aware that there is some fixing that needs to be done. He further stated that as far as planning for the future, they are expecting out of the Town Administrator a performance-based management system that will be reflected in all departmental plans to include performance objectives that people can be held accountable for. Chairman Wilkins called for public comment.

Charlie Mooney stated that his experiences attending Golf Committee meetings over the years have been disappointing and if he needs help or information he sees the Director of Golf and the staff there is always friendly and helpful. He stated that he doesn’t see that it is necessary to have a Golf Committee as other heads of departments don’t have any committees to answer to. He suggested that the Director get together with one person the Board designates in order to handle problems more easily.

Chairman Wilkins asked that Mr. McManus and Mr. LaMantia, as the Interview and Appointments Committee, make a recommendation to the Board as to what their next step should be based on this interview and a review of what they have gone through over the last 12 months. He stated that if they proceed with interviewing for members it will be with them knowing that if they agree to participate, there may be some changes forthcoming as a result of what they have learned during this exit interview.

Mr. Driscoll urged the Board to hold an Executive Session so that this can be discussed in more detail and he added that he would like to see an independent task force review this. Chairman Wilkins pointed out that they must observe the Open Meeting Law but that the Charter allows them to investigate certain issues and that is what they will be doing with the recommendation from the Interview and Appointments Committee.

Mr. McManus stated that a lot of the basis of their discussion is how they all read the Charter and they either need to bring what they do in conformance with the Charter or they must change the Charter in conformance with how they are operating. Mr. LaMantia urged that they set a timeline and added that they need to bring up the subject of examining the Board’s policy on the interview procedure. The Board agreed to Mr. McManus’ suggestion that he and Mr. LaMantia bring a report to the Board by June 30^th. The Board also agreed they would schedule a public hearing after that if needed and before any action would be taken. Mr. LaMantia pointed out that there are other inconsistencies in the Charter that need to be addressed as well. Chairman Wilkins thanked all who participated in the discussion.

B. Response to complaint regarding Red River Beach – John Chatham/Lincoln Hooper

Mr. Chatham explained that the program at Red River Beach was approved by the Conservation Commission in April 2002 only after they exhausted all possible solutions to defeat the codium there and this was a way to manage it as well as to build dunes on our beach. He noted that every year for the last six years he gets together with the Highways and Maintenance Department to discuss what the maintenance is going to be for the year and the program began with putting the codium at the west end. He explained that every year they had problems as they didn’t have enough sand and they had to buy it but the storms and tides would come in erode the beach. Mr. Chatham stated that we were lucky to get tons of sand trucked in from Earle Road Beach which is being stored at Red River. He further explained that this year they are working on the east end of the beach, that they had started looking at the dune structure there and when he met with Mr. Stratton of the Highways and Maintenance Department, he made an administrative decision that they were going to have to start using the dunes because they couldn’t keep pushing it out on the beach on the east end because there wouldn’t be any beach left. He clarified that this was his mistake and not that of the Highways and Maintenance Department. Mr. Chatham further explained that the Conservation Commission did not meet because of Town Meeting and to further complicate the matter, they scheduled a meeting for mid-May at which he was going to present his administrative decision on this matter but the Commission did not have a quorum. Mr. Chatham admitted that he violated the Order of Conditions but stressed that if they had waited there would have been tons of seaweed on the beach. He stated that if Mr. Knight had come to him, he might have been able to convince him that they were doing the best they could to keep the program going. He stated that this decision does not violate Wetlands Protection Program and that it would be a violation if they destroyed a dune. He pointed out that if the Conservation Commission does not amend the order then they are going to have to come up with an alternative to keep the codium off the beach. Mr. Chatham noted that the Town now has a clean codium-free beach. He further pointed out that this issue should be addressed by the Conservation Commission at their next meeting. Mr. Chatham took questions from the Board.

Chairman Wilkins agreed that this issue appropriately belongs to the Conservation Commission and the next forum for further discussion will be at their meeting next Tuesday. He commented that he feels that Mr. Chatham made a very responsible decision given the situation. Mr. LaMantia encouraged other department heads in similar situations to bring the matter to the Town Administrator.

Mr. Waystack commented that he believes staff has done a tremendous job on the beaches which are our number one tourist attraction. He commended Mr. Chatham and Mr. Hooper.

Mr. Knight expressed his frustration that he never heard anything back since he raised this issue and Mr. Merriam was asked to follow up on it by Chairman Wilkins. Chairman Wilkins responded that the follow up was to be with Mr. Chatham, Mr. Hooper and Mr. Leach. Mr. Knight pointed out that the only thing Mr. Merriam reported last week was that the plan was approved. Chairman Wilkins reminded Mr. Knight that this issue belongs before the Conservation Commission and not the Board. He added that Mr. Merriam did exactly as he was instructed to do. Mr. Merriam noted that he has reported further follow up in his report this week and that the beach nourishment team will continue to work on a long term solution. Mr. Cole pointed out that Mr. Knight would have been satisfied with some kind of a communication and he should have been responded to.

Mr. Knight reiterated his disappointment in the process of interacting with the Board and Town Administrator. He added that if Mr. Chatham can’t objectively propose something, execute it, monitor it, and take criticism and concerns then maybe he needs to recuse himself and a third party should come in to oversee this project. Mr. McManus took exception to the criticism Mr. Knight leveled against Mr. Chatham. He pointed out that Mr. Chatham has been very forthcoming with his position that he was trying to do the best he could given the regulatory procedural problems he has been faced with and the demands of the citizens he serves. He added that he should be commended for his honesty and that he always conducted his affairs in the most honorable of fashions. Chairman Wilkins agreed with Mr. McManus and noted that Mr. Chatham made a staff decision which obviously does not please everybody.

A. Route 124/Queen Anne Road Intersection Project Easements

Mr. Hooper explained that the easements are the last component on the Town’s behalf to get this project started and Mass Highway will not advertise it until the right of ways have been secured. He noted that VHB has prepared the Order of Taking for the Board’s signature and the total value of all easements is $5,359 as reported by The Appraisal Company of Cape Cod.

Mr. McManus moved approval of the Order of Taking and to authorize the Board of Selectmen to sign the required documents. Mr. Cole seconded the motion. Mr. Marsland questioned if the abutters are aware of this and Mr. Hooper responded that he has had several meetings with them and they are all supportive of the project. The motion carried by a unanimous vote.

B. Authorize Chairman to sign approved grant award as part of Cape Cod Economic Development Council’s Regional Economic Development Pilot Program.

Mr. Cole moved that the Chairman be authorized to sign this document approving the grant award from the Cape Cod Economic Development Council. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

C. Request to approve SAFER Staffing Grant application by Fire Chief

Chief Flynn explained that recipients of this grant must commit to a 5-year period of performance during which the federal contribution toward the costs of the salaries will diminish over the course of the performance period and no federal funds will be provided in year five. He noted that each applicant must certify that its governing body has been informed of its intention to submit a SAFER grant application and that the local governing body acknowledges the commitment under the grant, and that appropriate financial support will be secured for the applicant’s cost sharing obligations.

Chief Flynn further explained that previous public safety studies have determined an immediate need for 4 additional firefighters in the Town of Harwich and that he is requesting the Board’s support in submitting an application for at least 2 firefighter/paramedics. He noted that the hiring of 2 firefighters assigned to rotating day positions would provide additional staffing during Harwich Fire Departments peak activity time, improve coverage in East Harwich, and control escalating overtime costs. Chief Flynn took questions from the Board.

Mr. LaMantia strongly recommended supporting the Chief in this endeavor and stressed the importance of response times. He encouraged that a system for a detailed analysis of response times be set up in the next month. Mr. Merriam expressed concern about adding staff but said an analysis would determine if this is a priority and then we can start looking at funding sources.

Mr. McManus noted that if there is a Fall Town Meeting, they could at that time present a warrant article to fund the partial year expenditure for the balance of the fiscal year and make an appropriation of free cash. He noted that one of their policies is that if they are going to add new staff, they need to put in an override request. He pointed out that we want to get our tax rates certified before we schedule Town Meeting. Mr. Ryan stated that he could not make any promises as the Department of Revenue has put a lot more requirements on the Assessors Office but agreed to talk to our representative and report back to the Board. He stated that they are anticipating free cash in late September or early October.

Mr. McManus moved to ask staff to prepare the documents to apply for the SAFER Staffing

Grant at an appropriate level. Mr. Marsland seconded the motion. The motion carried by a 4-0-1 with Mr. Cole abstaining from the vote. Chief Flynn questioned the appropriate staffing level request and the Board agreed that he should discuss it with Mr. Merriam.

D. Vote Golf Department Payroll/Accounts Payable Approval

Mr. Cole moved to authorize the Town Administrator to sign all payrolls and accounts payable vouchers for operation of the golf course in the absence of a quorum of Golf Committee members. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

TOWN ADMINISTRATOR’S REPORT

Mr. Merriam delivered the following report:

A kick off meeting was held on June 4^th with Weston and Sampson Engineers and MTC representative to discuss the scope of work. MTC wants to file the FAA form promptly to determine any height restrictions. We are proceeding under the assumption that the Comprehensive Energy Bill will pass the Legislature prior to adjournment at the end of July, which will include net metering. Net metering will expand our site options because it will not require a site with high energy usage.

Staff met at Red River Beach to discuss current plans for collection and stockpiling codium and shells. John Chatham reviewed the 2002 Order of Conditions and determined that it called for dune building in front of, instead of, on top of current dunes. In discussions with Chairman Chet Berg, Conservation Commission will hold a hearing on June 16^th to discuss amending their Order. It is in effect for three more seasons, so short term and long term plans must be developed. Unfortunately, building dunes at the east end does cover existing grasses and will cut down on the existing vista if the piles exceed 4-5 feet. The premise is to keep the codium on site rather than the more expensive manpower effort to truck off site, especially when this material is mixed with beach sand. John provided me with an extensive file of the codium problems at Red River Beach where it is caught between the groins. John advises me that there is no nutrient value of the codium for reuse.

Chief Flynn is seeking our support to submit a grant to hire 2 full time day firefighter positions in which the Federal Government will pay a declining portion of their salaries over the next five years. Obviously, it requires a local commitment to pay for the balance of these salaries.

Old Rec/ West Harwich Schools

We are in receipt of a request from Elizabeth Bridgewater representing the Lower Cape CDC for an extension of the RFP. They intend to respond but require more time (request for a month’s extension) to prepare the response. I would recommend that we grant the extension.

MEMA will be issuing weekly press releases to educate the communities to be prepared.

Bill Doherty has offered the Town through Harbormaster Tom Leach a Hobie 15 Powerskiff. The boat was his late son’s. The Hobie power skiff is a very affordable boat and we have the expertise in this department to maintain this craft at a very small cost, which is what we have been looking for in a boat. It will be kept on trailer inside the shop.

I believe that this requires Board of Selectmen’s approval in order for us to acquire the boat. Can you follow through for us on this?

Attached is an MMA Alert advising us of a Legislative effort to expand the Pension COLA benefit to retirees. Director Beckwith has opposed the move for a projected cost of $2 billion over twenty years. Currently, retirees can receive $360 in COLA (3% of the first $12,000 base wages. The change would increase the base to $16,000 or an annual increase of $120 per retiree.) Proposed funding sources offered are to extend full funding by three years or by annual appropriations.

Yarmouth Golf Committee

Dennis Hoye provided a copy of the minutes of Yarmouth’s Golf Committee meeting in 2004 which describes their new charge.

Four of the six light bases have been installed with this pile driving work projected to be complete by the end of next week. New electrical lines and the light poles are being installed in sequence, but the old lights will work until the cutover.

Community Center Ballfields

I attended a meeting of the Recreation and Youth Committee in which they voted to proceed with the design of two new fields behind the Community Center. They plan to submit the design to you for public input. Discussion included the cost of maintenance and whether the Town could support additional staff to maintain these fields.

I attended an After Business Hours at the Kennedy Studio, which is located across the street from the Potted Geranium.

I attended the Managers Spring Conference last Thursday and Friday in Lenox. It was an excellent conference. It was entitled Hardwiring Teamwork by Drs Susan and Peter Glaser from Eugene, Oregon.

At Mr. McManus’ request, Chairman Wilkins directed Mr. Merriam to have Mr. Ford in for an executive session to discuss utility easements and tax titles.

SELECTMEN’S REPORT

A. Review of Selectmen’s Rules of Operation

The Board discussed changes to the Rules of Operation including changing the Order of Business to reflect what they are currently doing as well as rewriting the paragraph on Filing Deadlines. Mr. Cole noted that the Board does not abide by Section 14 on Matters Reduced to Writing and they should consider whether they want to retain it.

Mr. LaMantia distributed the Board’s policy on interviews and appointments and a proposed change to reflect what the Board is currently doing. He noted that the current policy states that the entire Board interviews everyone first. Mr. McManus pointed out that this is addressed in the Charter and Rules of Operation as well and he does not see a need for a separate policy. The Board agreed to take up at a future meeting.

B. Discussion on committee liaison assignments

Chairman Wilkins described changes to the Board’s previous responsibilities and his reasoning behind his choices. There were no objections from the Board.

C. Management Matrix/Priorities

Chairman Wilkins commented that the Board should have their own goals separate from the Town Administrator’s. They Board discussed briefly and agreed to bring this item back.

D. Review Affordable Housing Special Revenue Fund rules

The Board agreed to bring this item back next week for discussion. Mr. McManus noted that a public hearing will be needed at the appropriate time to change the existing policy.

E. Process of updating Committee Handbook, Home Rule Charter, By-Laws

Mr. McManus agreed to write a report to the Board on the Charter revision process. The Board took no action.

F. Budget/Warrant Timeline

Mr. Cole asked that projection dates for a Fall Town Meeting be included and Chairman Wilkins suggested including contact with the Community Preservation Committee in the timeline. He asked Mr. Merriam to speak to Mr. Watson about it. Mr. LaMantia noted that before Town Meeting there was a general agreement with Capital Outlay and Finance Committees to meet early in the process with the Community Preservation Committee.

G. Tickler sheet/goals

The Board took no action on this item.

Mr. Marsland moved to adjourn at 10:36 p.m. Mr. McManus seconded the motion and the motion carried by a unanimous vote.

Respectfully submitted,