MINUTES
SELECTMEN’S MEETING
GRIFFIN ROOM, TOWN HALL
TUESDAY, JANUARY 16, 2007
7:00 P.M.
SELECTMEN PRESENT: Cole, Marsland, McManus, Piekarski, Wilkins
SELECTMEN ABSENT: None
OTHERS PRESENT: Town Administrator James Merriam, David Ryan, Craig Wiegand, Bill Doherty, Don Liptak, Gerry Loftus, Vickie Goldsmith, George Boulé, and others.
MEETING CALLED TO ORDER at 7:00 p.m. by Chairman Wilkins.
WEEKLY BRIEFING
No one appeared before the Board.
PUBLIC INFORMATION
No one appeared before the Board.
CONSENT AGENDA
A. Minutes – December 11, 2006 Regular Meeting
B. Appointment of Year-Round Special Police Officer
C. Appointment of Full-Time Police Dispatcher
Mr. McManus moved approval of the Consent Agenda and the recommended actions thereon. Mr. Cole seconded the motion. Mr. Merriam recommended that the Board make both Police appointments. The motion carried by a unanimous vote.
TOWN ADMINISTRATOR’S REPORT
Mr. Merriam delivered the following report:
Claim of Anita Giulietti
Attorney Michael Ford has prepared a written response to Attorney James H. Quirk who represents Anita Giulietti, Joanne Hollis and James Giulietti. I have reviewed Attorney Ford’s research and approved his response letter.
Group Health Insurance
I have authorized our Blue Cross representative to forward the rating information to MIIA. Dolly compared the Cape Cod Municipal Health Group’s rates to our rates. She found that they too, have kept Master Medical and our FY 07 initial budget would have been $112,698 higher if we had stayed in their group. However, with our two mid year adjustments, our final FY 07 cost will most likely exceed what our costs would have been if we had stayed in their group by $200,000. MIIA indicated that they and Blue Cross would be willing to speak to various employee groups about the plan differences.
William Doherty update
As a follow up to Mr. Doherty’s letter request and your desire that I provide additional information, I report the following:
Mr. and Mrs. Doherty live at 482 Pleasant Lake Ave. and they own a second parcel described as Lot 2, containing an area of 4,945 s.f. that is located diagonally across the street from the house on Long Pond. Their two parcels are divided by Pleasant Lake Avenue and the bike trail that is under the jurisdiction of the Department of Conservation and Recreation (DCR). Because of safety concerns with an elevated bike trail, DCR erected a fence to keep bicycles from falling off the trail and into Pleasant Lake traffic. The fence precludes Mr. and Mrs. Doherty from crossing the street and bike trail at this precise location. There are public access points to Long Pond and their property close to Sequattom Road which is approximately 200 feet further south. The Doherty’s deed
does not reference any property right or easement to cross this public property. Since DCR acquired the bike trail property from the NY - NH and Hartford Railroad. As per DCR’s recommendation, we’ve had the Town Engineer’s office inquire whether there are any deeded rights from the RR. Mike Monolikes from DCR is responsible for issuing 5 year permits but he hasn’t had time to issue this permit. The specific request is to construct a wooden staircase to get over the raised former railroad bed. Mr. Monolikes suggested that he was considering conditions to be imposed for permission to build the staircase on public property would include liability insurance and open access to the public. A fee of $4 per sq. ft. for excavation into the embankment would be charged. Mr. Monolikes was also considering the granting of a 5 year permit with the right to renew for another 5 years. Bill Doherty indicated to me that it was Senator O’Leary’s office staff
that suggested filing a legislative easement, but urged Bill to have Town Real Estate Counsel Mike Ford draft the language. Typically, an easement would be described by meets and bounds, requiring survey work. Mr. Doherty would prefer that the Town pay for the legal and survey work because this easement is intended to grant public, not private access to the bike trail. I’ll report to you whether any access rights were conveyed within the Railroad deeds.
Mr. Piekarski indicated that he did not want to see a lot of Town resources spent on this and pointed out that the Doherty family will be the only one to use it. He stated that the Town should not pay for legal or survey work. Chairman Wilkins stated that he believed Mr. Doherty’s request was to simply endorse the legislation.
Broken pilings- Saquatucket and Wychmere Harbors
Tom Leach provided the attached e-mail in which the Seaport Bond Bill died in the last Legislative Session and has not been refiled. His grant application for repairs, if approved, would have been funded from the Bond Bill had it passed. Tom indicates that it will cost approximately $120,000 and most likely require local funding. Tom would like to have the repairs to the pilings made prior to the good weather, and he’s asked Joe Borgesi to proceed with bidding to get solid numbers. So, not only do we need to address source and timing of funding with a Special Town Meeting not scheduled until May but also the aspect of public safety of these 36 pilings.
916 & 920 Route 28 (corner of Quaker Lane)
A formal letter addressed to Chairman Wilkins has been received in our office from the Massachusetts Housing Partnership regarding HECH’s proposed 10 rental units under MGL Ch.40B. HECH has requested a determination of Project Eligibility as it relates to MHP Fund’s Permanent Rental Financing Program. The Town has 30 days from January 9th to offer comments prior to their issuing or denying a determination of Project Eligibility. Nancy Sampson has also requested a waiver of the appraisal requirement as they have already had two appraisals performed. You may wish to solicit comments from other Boards to submit to MHP.
Mr. McManus moved to authorize the Chair to sign the site eligibility letter and waive the appraisal requirement. Mr. Cole seconded the motion and the motion carried by a unanimous vote.
Herring River Conservation Area Bog
John Chatham has advised me that he has sent a letter to Robert Cottrell that his agricultural lease with the Town expired on December 31, 2005. John believes that the Town should solicit new proposals, starting for calendar 2008. We will meet with Mr. Cottrell to continue this conversation. Attached is John’s letter informing Mr. Cotrell of his lease obligations.
Town Report Photo
Ann is seeking ideas for the front cover of this year’s Annual Report. So far, there’s a photo of an antique fire engine.
Chairman Wilkins noted that there was a suggestion for Brooks Academy to be on the cover and Mr. Piekarski recommended using a photo of the boy’s baseball team.
Town Report- Vital Statistics
Town Clerk Anita Doucette wants to inform you of her intent not to publish vital statistics in the annual town report. This decision is based upon advice from the Commonwealth’s Executive Office of Health and Human Resources and Chief Mason. Anita’s letter, the Commonwealth’s and Police Chief’s letters are attached.
Mr. McManus pointed out that the total number of vital statistics will be in Town report.
T.M. Article for Project PCC and Advanced Learning Studies
The School Administration has submitted a $12,000 request for next year to fund the Project PCC and Advanced Learning Studies. As in past years, the Article as drafted is co-sponsored by the School Committee and Board of Selectmen.
Chairman Wilkins provided a brief history on the joint sponsorship of the Project Contemporary Competitiveness article and the Board agreed to further discuss this issue when warrant articles are discussed.
Model Airplane Proposed re-use on Capped Landfill
I am in receipt of a letter from Jennifer DeFoe, 499 Main Street, who is displeased with the decision to grant a one year license to the Lower Cape R/C Club for their model airplanes to fly over the capped landfill. Her primary complaint relates to noise and secondary complaints about impacts upon rare and endangered birds. She was disturbed about the absence of notice and hearings for abutters. Link Hooper and I met with Ms. DeFoe and offered to conduct a test, with metering decibels to determine objectively the impacts. I’ve asked Chief Mason to also participate in this test.
Mr. Piekarski recommended that Recreation & Youth be brought into the testing process and he noted that he doesn’t recall the Board addressing Mrs. DeFoe’s previous letter. Chairman Wilkins stated that this issue has more history and is more complicated than was brought to their attention. He added that he has asked the Town Administrator to look into it.
Pioneer Institute
Attached is an invitation to submit ideas for Better Government through their 16th annual competition. If we have any innovative work to showcase effective and efficient services, there is an opportunity to file an application. There are cash awards for the winners.
Beach Management Plan
Recreation Director Jeff Carter has updated me that he has presented a draft Beach Management Plan to the Youth and Recreation Commission. They are planning to vote on the plan at their regularly scheduled meeting on January 24th. Jeff will provide us with a copy of the draft plan.
ACTION ITEMS
Boston Post Cane
As you know, the Boston Post distributed canes to many communities, who were requested to honor their eldest citizen by ceremonially loaning them this cane. Unfortunately over time, communities lost possession of their canes. Those communities who still have possession of their original canes are reluctant to loan them to their most senior resident. Rene Read suggested that a duplicate cane be made for distribution as originally intended.
Cape Cod Technology Council and Cape Cod Community College
Attached is a request for a letter of support to develop a regional communications network for education, research, economic development and emergency communications. This Open Cape is proposing to build a wireless telecommunications network. Does the Board know about this project and is it supportive of it? I’ve forwarded this same request to Supt. Cragin to her determination.
Mr. Piekarski moved to have the Chair and/or Town Administrator represent the Town of Harwich at the meetings. Mr. McManus seconded the motion and the motion carried by a unanimous vote.
Board of Selectmen Goals
Ideally, the Selectmen would set their annual goals for the following fiscal year by the end of the calendar year. That timing would be an opportune time for the Town Administrator to incorporate those same goals into his Budget Recommendations for the following fiscal year.
Earle Road Beach
Link Hooper has advised me that the Beach Project has had itemized cost overruns from the original $99,000 approved by the CPC. In order to complete the parking lot construction for 75 spaces, an additional $27,000 of supplemental funding would be required. If 100 spaces were to be built in accordance with the approved plan, $57,000 of supplemental funding would be required. Link has informed me that he could recommend spending of $27,000 from the Highway Fund to build 75 spaces, but not $57,000 to build 100 spaces. Link offered a second option for the Recreation Committee to sponsor a Special Town Meeting Article in May and was going to discuss it with Jeff Carter. Does the Board have a preference?
The Board agreed to proceed with the 100 parking spaces and possibly seek supplemental funding through Special Town Meeting depending on what the Planning Board says.
PRESENTATIONS
A. Cape Cod Water Resources Restoration Project
Bill Doherty introduced Don Liptak of the USDA Natural Resources Conservation Agency who made a presentation on the Cape Cod Water Restoration Project to restore and revitalize wetland areas and requested the Board’s support for the project. Mr. Liptak answered questions from the Board. Mr. McManus moved by resolution to support the Cape Cod Water Resources Restoration Project Final Watershed Plan and authorize the Chair to sign the Watershed Agreement between the Cape Cod Conservation District, Barnstable County, the Towns of Barnstable County, the Massachusetts Executive Office of Environmental Affairs and the Natural Resources Conservation Service United States Department of Agriculture. Mr. Cole seconded the motion. Mr. Merriam recommended that the Board support it. The motion
carried by a unanimous vote.
B. MTBE in Public Water Supplies
Richard Sandman of Rodman Rodman & Sandman, explained that he is representing 77 cities, towns and water districts who are experiencing MTBE contamination of public drinking water in a case consolidated with other communities around the country against various gasoline refiners and distributors. He outlined the rulings on the issue to date. Mr. Sandman listed some of the other towns that have joined in the action and encouraged the Board to join in this action as well. He stated that Department of Environmental Protection data has found that MTBE is in Harwich public wells in small amounts.
Water Superintendent, Craig Wiegand, stated that we have had some minute traces of MTBE in our water and follow up samples have shown no traces. He explained that this falls under the purview of the Water Commissioners and should be brought before them for a vote. After further discussion with Mr. Sandman, the Board referred this item to the Water Commission. Mr. Sandman agreed to send it on.
ACTION ITEMS
A. Request for funds by Habitat for Humanity from Affordable Housing Special Reserve Fund for Driftwood Lane development
Mr. McManus moved to approve the request of $325,000 from the Housing Special Revenue Fund be dedicated to the Driftwood Lane affordable housing development sponsored by the Town and Habitat for Humanity. Mr. Piekarski seconded the motion. At Mr. Marsland’s request, Mr. Loftus explained why the Housing Committee is only recommending $295,000 on this request. Mr. Loftus stated that the Housing Committee has set up an informal guideline for funding a request of this kind depending on the number and type of units using a sliding scale with a maximum for each project. Vickie Goldsmith of Habitat stated that $295,000 would be considered by them to be a very favorable and strong show of support and give great security to the early process of this project. She explained that the project
consists of seven traditional single family houses, six of which are three-bedroom houses and one is a four-bedroom house, as well as four two-bedroom duplexes and two one-bedroom duplex units. Mr. McManus pointed out that the Housing Authority is recommending $325,000. Mr. Piekarski stated that he would not support the motion as the applicant is willing to accept $295,000. The motion carried by a 3-2-0 vote with Chairman Wilkins and Mr. Piekarski opposing the motion. Chairman Wilkins noted that this item is subject to a second vote next week per the policy.
B. Nominations for Hall of Fame
The Board agreed to hold on this item for another week.
C. Appointment to Board of Appeals
Mr. Cole moved to appoint Dean Hederstadt to an alternate position on the Board of Appeals. Mr. McManus seconded the motion and the motion carried by a unanimous vote.
D. Boston Post Cane
At Chairman Wilkins’ recommendation, Mr. Piekarski moved to have a replica of the cane made and reinstitute the tradition while maintaining possession of the cane. Mr. McManus seconded the motion and the motion carried by a unanimous vote.
DISCUSSION ITEMS
A. Authority to set fees for Golf Course
Chairman Wilkins explained that the Board has received an opinion on the authority to set fees for the Golf Course which has been shared with the Golf Committee and the Golf Superintendent. He read from the document sent by Town Counsel as follows: “In my opinion, therefore, that the recent action by the Golf Committee in bringing to the Board of Selectmen the new fee schedule for approval is consistent with the procedures that would apply in the event that Chapter 40, Section 22F is adopted at Town Meeting.” George Boulé stated that the opinion letter also indicates that the Charter is vague and sometimes inconsistent and Counsel’s opinion is based on the fact that the Charter does not identify who will set the fees and which Board will be the custodial board overseeing the golf
course. Mr. Boulé pointed out that the opinion does not indicate that this is the only way to go and there are other options. He further stated that he believes that it was the original intent of Town Meeting in 1972 to give the Golf Committee the full authority to run all the operations of the golf course. Chairman Wilkins stressed the importance of consistency of practice across all Town boards and noted that it is handled this way in many communities. Paul Widegren read from the Town Charter where it indicates that the Committee shall have full power and responsibility for the maintenance and operation of the golf course. Rob Catlin stated that consistency is not a strong argument and spoke in support of the Golf Committee setting the fees. Mr. McManus stated that he felt that the Board had overstepped their bounds on setting the fees but said he would support adopting the legislation. Chairman Wilkins and Mr. Marsland disagreed but
also stated that they were in support of the legislation.
ACTION ITEMS (Continued)
E. Approve extension of Memorandum of Understanding with Cape Cod Commission for the Great Sands Lake Wastewater Management Study
Mr. McManus moved to approve the extension of the Memorandum of Understanding with the Cape Cod Commission for the Great Sands Lake Wastewater Management Study. Mr. Piekarski seconded the motion and the motion carried by a unanimous vote.
F. Approve contract extension with Sterns & Wheler for the Great Sands Lake Wastewater Management Study
Mr. McManus moved to approve the contract extension. Mr. Piekarski seconded the motion and the motion carried by a unanimous vote.
DISCUSSION ITEMS (Continued)
B. Warrant one-liners and warrant review
The Board discussed grouping the articles together and agreed that they should speak to the department heads requesting personnel. Mr. McManus noted that only one article is needed for amending the personnel by-law as the compensation plan is no longer part of the by-law. He pointed out that there are two similar articles for Brooks Library and they need to select one for the warrant. Mr. McManus also pointed out that additional language should be added to the asset management article and he noted that there are two articles for selling land and some parcels fall on both lists. The Board agreed to meet with departments requesting personnel first and then those seeking equipment.
Mr. Ryan reported that we should have a free cash certification at the end of next week. Chairman Wilkins suggested that the Board discuss with Mr. Merriam their priorities on an individual basis. He also stressed the need for a financial plan that would take us out five years. Mr. McManus recommended including an article in the Special Town Meeting to reallocate leftover or unused funds from old articles that were funded out of available funds. Mr. Ryan said he would put a report together.
ANNOUNCEMENTS
Mr. Cole suggested requesting that a benchmarking study firm make a presentation to them in the near future. At Mr. McManus’ recommendation, the Board agreed that the Finance Committee should be invited to the meeting.
ADJOURNMENT
Mr. McManus moved to adjourn the meeting at 9:25 p.m. Mr. Cole seconded the motion and the motion carried by a unanimous vote.
Respectfully submitted,
Ann Steidel
Recording Secretary
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