Town of Harwich Massachusetts - Minutes

SELECTMEN’S MEETING

GRIFFIN ROOM, TOWN HALL

MONDAY, NOVEMBER 20, 2006

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

SELECTMEN ABSENT: None

OTHERS PRESENT: Acting Town Administrator Stephen Lombard, Deputy Chief Flynn, David Ryan, Pete Watson, Leo Cakounes, Geoff Wiegman, Dick Flink, Angelo LaMantia, Tom Blute, and others.

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

Chairman Wilkins reported that Mr. Merriam has signed an employment contract with the Town which runs from December 6, 2006 to June 30, 2010 with an annual salary of $112,000. He added that a welcoming reception has been arranged to be held at the Community Center on December 6, 2006 and that all are welcome to attend.

Deputy Chief Flynn reported that this morning the Harwich Fire Department, in conjunction with the State Fire Marshall’s Office, handed out seven citizen heroism awards to those whose heroic efforts helped save the life of a man trapped in a tractor accident. Deputy Chief Flynn listed the award recipients as: Rick Roy and Rick Roy, Jr. of Rick Roy Construction; Sean O’Leary and Steven Kelly of O’Leary Landscape; and Stanley Lane, Stanley Lane, Jr., and Gary Lewis of Donovan Concrete Form.

Mr. Cakounes described efforts to bring back the parade and noted that there will be a brainstorming session on November 27, 2006 at 6:30 p.m. at the Community Center and all interested parties are invited to attend.

Geoff Wiegman commented that he is bothered by the fact that the Town has ignored recommendations of the Operations Review Task Force, specifically the recommendation to combine the duties of the Fire Inspector with the Building Department inspection process, and that a new Fire Inspector has been appointed upon Captain Jessop’s retirement. Mr. Lombard said that this recommendation was brought to his attention by the Chair of the Finance Committee. He explained that he has brought to the Board’s attention on several occasions that the Town’s inspection staff is so overwrought and overtaxed that there is a potential that we are going to miss some very important safety inspections. He further explained that the Fire Inspector has a different basis for inspections than the Building Inspector and that this recommendation would require that the position of Fire Inspector be negotiated out of the Fire Department’s union contract. Mr. Lombard stressed the need to fill the position immediately and not wait until July 1 to combine the positions. He cautioned that if he were to put all these duties on the Building Department, something would fall through the cracks and that his primary interest is public safety. Mr. Lombard added that to the contrary, the Fire Inspector is looking to take over some of the duties of the Building Inspector.

Deputy Chief Flynn noted that this was discussed between the Fire Chief and Town Administrator. He stated that the Building Inspector is at the Fire Station on a regular basis and they are helping him out. He emphasized that the Fire Inspector goes to fire scenes and medical emergencies and is a safety officer as well. He stated that it would be a major decision to have this person leave the department as he is a key member of the team and his duties would have to be taken on by other employees. He added that he does not know of many Fire Departments in Massachusetts that don’t have a Fire Inspector.

Chairman Wilkins commented to Mr. Wiegman that one of the primary responsibilities of the Task Force was to let the Town Administrator manage. He stated that on a number of occasions when the Board responded to the recommendations of the Task Force the Board was concerned with addressing reorganization issues without the benefit of the involvement of the next Town Administrator. With regard to the Fire Inspector’s position, Chairman Wilkins stated that Mr. Lombard made him aware of a personnel and service area not being addressed to its fullest and in his judgement Mr. Lombard came up with a solution which was the right decision.

Mr. Cole recommended that the Board look at the recommendations more systematically.

A. Approve Minutes –

1. October 30, 2006 Regular Meeting

2. November 1, 2006 Regular Meeting

3. November 13, 2006 Executive Session

B. Approve renewal agreement with Animal Rescue League and authorize Chair to sign

C. Appoint Kristine Larsen as representative to the Community Preservation Committee from the Real Estate and Open Space Committee

D. Vote to disband Town Administrator Search Committee

E. Award Road Salt Contract to Eastern Salt

Mr. McManus moved approval of the Consent Agenda and the recommended actions thereon. Mr. Piekarski seconded the motion. The motion carried by a unanimous vote.

TOWN ADMINISTRATOR’S REPORT

Mr. Lombard delivered the following report to the Board:

On Thursday, November 2^nd, I held a roundtable discussion with the participants of the various landscaping projects at the Community Center as per the request of the Board of Selectmen. The purpose of the meeting was to investigate and try to seek a resolution to the recent media articles concerning the Community Center landscape renovations.

Present at the meeting were Mr. Power, Community Center Facilities Committee; Ms. Carolyn Carey, Director Community Center; Mr. Peter Anderson, Friends of Harwich Community Center; Mr. Don Milbier; Mr. Kyle Milbier, Patrissi Landscaping; and Mr. Oz Osbourn, Rose Society. I stated to all present that the Town greatly appreciated their donations of materials and services and that their heartfelt and thoughtful donations are necessary to aid the Town in beautifying this area. I also reminded them that donors must realize that they relinquish control of gifts once the Board of Selectmen acceptance is given and are subject to the terms and conditions of the Gift Policy. At this time attendees were given a copy of the Policy on Acceptance of Gifts and instructed as to compliance requirements for all related work and services.

Each person was given the opportunity to express their views on the media articles and their understanding of the events that transpired that initiated these articles. While there were differences of opinions on their individual understanding of these events, it was agreed to by all to try and seek a resolution to what has happened and focus their energies on the pursuit of the Community Center beautification that we all have in common. We left the meeting with the full intention of preparing a press release that all parities could agree to. Meetings were held on the next two Mondays in my office in earnest cooperation to this end. I must report to you this evening that this was not accomplished.

After listening and reviewing all the information received at these meetings I find the following:

1. Mr. Milbier had a discussion with Mr. Osbourn of the Rose Society and asked if it would be okay to move the rose garden stone and some roses. The exact context of that discussion is unclear but all parties present stated that this had occurred. Mr. Milbier stated that he felt this was authorization to do so.

2. Mr. Osbourn stated that he had agreed to the movement of specific roses and the rose garden stone but that the relocation of these items were not discussed. Again the exact context of this discussion is and still is unclear to me.

3. Ms. Carey, Director of the Community Center, stated that she was present at this discussion and concurs that this agreement was made by both parties.

4. Mr. Anderson, Friends of Harwich Community Center, was not involved in this discussion concerning the relocation of the garden stone and roses.

5. The Town did not authorize verbally or in writing any of the current landscaping projects being performed by any of these parties.

6. The Town is and will not be responsible for payment of any and all bills associated with these landscaping projects unless there is or was written authorization by the appropriate authorized persons to do so.

7. No written evidence was produced at this meeting illustrating that this work was authorized by the Town nor were there any written and signed proposals detailing the work to be performed and the costs of such work to the Town provided.

8. I have made it very clear to all present that the Town has not appropriated any funds for this work. The Town has not placed this work out to bid as required by the Bidding Laws; and because of these facts the Town does not accept responsibility and will not pay for these projects.

9. This work was performed by these participants under their own initiative and initiated by them, not the Town.

It is clear to me that there was a clear misunderstanding by all parties involved in the relocation of roses and the Millie and Tip O’Neill Memorial Stone. I have instructed the Director of the Community Center to restore the Memorial Stone back to its original location immediately. During this meeting it became evident to me that many of these projects were or are being preformed without prior approval and acceptance of the donation by the Board of Selectmen. I have also written letters to all parties present at this meeting that all work being performed of a landscaping nature at the Community Center is to cease until and unless such time as a landscaping plan is developed and presented to and approved by this office and the Board of Selectmen. Furthermore, any and all landscaping maintenance and projects will need to be presented to the Town Administrator for approval prior to commencement.

DISCUSSION ITEMS

A. Presentation of Capital Plan

Pete Watson, Chair of the Capital Outlay Committee, outlined the attached annual report and recommendations for Seven Year Capital plan ending in 2014. Mr. Watson answered questions from the Board.

Mr. Lombard suggested that the cost for Police Station plans be combined with construction costs and that they seek Town Meeting approval for the entire project. Mr. Marsland commented that if we incorporated the sums and put it before the voters one time we are really not going to know how much the project is ultimately going to cost. Mr. Lombard responded that they are going through the designer selection process and through that process they can determine what the construction and outside costs are going to be. Mr. Piekarski stated that he would like to see the amount reduced sooner than FY11 for Highway Roads & Sidewalks Maintenance but he doesn’t have a problem supporting the plan as written providing it is subject to change on an annual basis. Mr. Cole and Mr. Piekarski both indicated that they would like the plan to include dealing with dredging and beach management. Mr. Piekarski and Mr. McManus agreed with Mr. Lombard’s suggestion on combining the Police Station plans with the construction.

Mr. McManus motioned to schedule a joint meeting with the Finance Committee and the Capital Outlay Committee sometime before the second Friday in January and that the Chairman schedule that. Mr. Cole seconded the motion. The motion carried by a unanimous vote.

Request by Superintendent of Schools to appoint School Building Needs Committee

Mr. McManus passed out a draft High School Building Needs Committee charge that he had worked on with Mr. Cole. He stated that he took the Superintendent’s comments, past charges to our building committees and the application and approval procedures in the School Building Authority Regulations and put in place a draft which included a committee makeup of nine members most of which are staff members and that possibly they could make it larger to include members of the community. He stressed the need to review all the existing data we have collected as well as plans and reports and he said that he believes that there is additional data that needs to be done. He stated that he is not at all convinced that the demographic reports and studies that have been done to date are giving us an accurate view of what is going to happen in the future and that needs to be expanded upon. He suggested that the Board take a week or two to review the draft as a starting point to the discussion.

Chairman Wilkins questioned the makeup of the committee and pointed out that there is already a committee. Mr. McManus responded that we need a fresh start especially if we are going to participate in the new State school funding scheme. He also recommended that the Board have a conversation with the School Department.

Mr. Piekarski suggested that they start the process of soliciting interested parties for the School Building Needs Committee as a starting point. Mr. McManus noted that it will need to be advertised in the newspaper for at least two weeks.

Chairman Wilkins suggested that they inquire to see if the School Committee will schedule them on their agenda. Mr. Lombard agreed to ask the Superintendent if the School Committee would schedule them on their December 13, 2006 agenda.

DISCUSSION ITEMS (Continued)

Mr. Lombard explained that the Town of Harwich has not accepted Chapter 32B, Section 18 of Massachusetts General Law which provides for a mandatory transfer of retirees that are eligible for Medicare to the federal Medicare program. He stated that once the Town accepts this Chapter and Section we become responsible and committed to paying for the premium penalty under Medicare B. He stated that currently Medicare is at $90 a month and every month a person waits until after they turn 65 a 10% penalty is assessed and it is that penalty that the Town becomes responsible for. Mr. Lombard noted that currently we have 243 retirees in our plan, 137 are already on Medicare and there are 105 that our advisor, Cook & Company, is assessing to see what their degree of eligibility may be. He said he would and he will report back at a later date to advise exactly what the Town’s liability would be if we were to go in that direction. He pointed out that there is considerable savings to the Town if we were to adopt that Chapter and Section but we first need to find out what our liability is.

Mr. Lombard explained that they are looking at other avenues to reduce costs including other insurance plans and negotiations. He stated that we have five elected officials on our health insurance at a cost of $66,000 a year and what some towns have done is to grandfather those elected officials that are currently receiving health insurance with the proviso that if they were to leave office the insurance would cease and if they came back at a later date the insurance would no longer be available to them. Mr. Lombard stated that it only requires the Board’s action to do this. He stated that Barnstable County Retirement provides that any elected official that joins the County retirement system is vested after six years and can apply for County retirement when he or she turns 55 years old and that once someone is on County retirement they are eligible for the insurance. He stated that you need only a minimum of $200 a year and six years service in order to be eligible for retirement.

Mr. McManus stated that what Barnstable County doesn’t tell them is that at their level of pay they don’t accrue enough in their retirement account to have an annual payout that meets their cutoff standard and so they give lump sum payment and don’t consider you retired. He stated that in Mr. Zeigler’s case they sent a letter saying that if the Town wants to retire him the Board needs to take that action. Mr. Piekarski indicated that he would like to get clarification on how the County does this and added that they need to see if there is a way to prevent it from happening. Mr. Lombard agreed to get more information on this issue.

SELECTMEN’S REPORT

Mr. Cole stated that he would like to try again to reach a consensus on the mission statement and suggested appointing a small committee of interested people from the community to work on a draft to bring before the Board which they might adopt as Board policy rather than bring it back to Town Meeting. Mr. Marsland questioned if and why we need a mission statement and suggested that it be one short paragraph or less. He also cautioned that they should be careful what they promise. He stated that he could probably get behind a mission statement but did not know about the vision principles and belief statements.

Chairman Wilkins stated that he would like the Hall of Fame nominations on the agenda next week and the Board agreed to extend the timeline until the end of December. Mr. Cole stated that centralized maintenance needs to go on an upcoming agenda.

Mr. McManus stated that he would like to have an article to support a demographic study and the Chair agreed to agenda as well as the benchmark study that Mr. Cole had requested. Mr. Piekarski recommended that they look into the feasibility of that work being performed by the Planning Department as was suggested by the Finance Committee.

Mr. Piekarski moved to adjourn the meeting at 9:45 p.m. Mr. Marsland seconded the motion. The motion carried by a unanimous vote.

Respectfully submitted,