Town of Harwich Massachusetts - Minutes

SELECTMEN’S MEETING

GRIFFIN ROOM, TOWN HALL

TUESDAY, FEBRUARY 20, 2007

SELECTMEN PRESENT: Cole, Marsland, McManus, Wilkins

SELECTMEN ABSENT: Piekarski

OTHERS PRESENT: Town Administrator James Merriam, Tom Leach, Richard Flink, Gerry Loftus, Tim Millar, Murray Johnson, 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 resolved two collective bargaining agreements.

No one appeared before the Board.

PUBLIC INFORMATION

Richard Flink spoke with regard to the recent Cape Cod Times concerning moving retirees to the Medicare system. He asked why we are going to forego putting in an article this year in view of the budget crunch. Chairman Wilkins responded that this requires considerable time on the part of the Town Administrator and Town Accountant but noted that it is possible that it could go in the Special Town Meeting warrant. Mr. McManus pointed out that we are still trying to compute the penalties that the Town will have to pay the Medicare system. Mr. Merriam further explained the complex process to move in that direction.

A. Approve Minutes –

1. January 29, 2007 – Regular Meeting

2. February 5, 2007 – Executive Session

B. Approve renewal of Auto Class IV license for West Harwich Sunoco

C. Long Pond Bass Tournaments

D. Ambulance Bill Abatements

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.

TOWN ADMINISTRATOR’S REPORT

Mr. Merriam delivered the following report:

John Chatham reports that the joint ConCom hearing in Brewster lasted for 3 hours with Harwich closing its hearing, while Brewster kept their hearing open. John expects that Harwich will issue its Order of Conditions next week. Brewster will most likely await a report due by the first week of March from the Natural Heritage and Endangered Species Program before closing their hearing.

Annual Town Meeting Warrant

Our Town by-laws, 1-101, cite a deadline of accepting articles as the second Friday in January. So, my request to re-open the annual warrant to add the MGL for School consolidation is out of order. Since MGL Ch.71, section 37M can only be accepted at an annual town meeting, it must be deferred until May 2008. We can continue on our path of collaboration and then move later to consolidation of services.

Since the original project cost ($99,625) was funded by the Community Preservation Fund, it is appropriate, in my opinion, to request the supplemental funding from CPC. To that end, a meeting was held on February 14^th by those associated with the project how best to proceed. The consensus reached was: 1) request $35,000 from CPC and add an article to the Special Town Meeting warrant; 2) reduce the scope of the project by eliminating 11 spaces, one storm drain and 3,000 s.f. of asphalt for a savings of $15,000; 3) have the Highway Budget contribute $3,000-$5,000 toward the project completion. Chairman Jack Brown has called for a CPC meeting for next Thursday to address this request.

Police Station Architect Contract

A meeting was held on Friday between Building Committee Vice Chairman Norm Clarke, Selectman Larry Cole, Kaestle Boos Vice President Michael McKeon and myself. The purpose of the meeting was to negotiate the fee. Michael provided spreadsheets of the various tasks and estimated hours for each. Larry found a $2,000 error right off the spreadsheet. With further negotiations, Michael reduced the Construction Administration hours by 20%, thus reducing the original fee by $25,000. Based upon conversations with the Cape Cod Commission staff relative to their jurisdiction for this project, we agreed to amend section 3.3.2 by adding (vii) to pay on an hourly basis for any extra work required if the Cape Cod Commission requires any limited review. We agreed to recommend an award of contract with a base fee of $560,000.

In anticipation of our discussion of goal setting, I have provided you with a copy of the Cary, North Carolina mission statement as modified for Harwich. I believe that you will find it as very well written and sets the bar very high for our organization.

Proposed Building Permit Fee Schedule

In preparation of next week’s scheduled public hearing, I have attached a copy of Geoff Larsen’s proposed fee schedule.

The Finance Committee asked me to re-emphasize to you that amendment #1 includes the change of a Town Clerk part time position to full time with benefits. This proposed budget adjustment comes simultaneously with the change in the Finance Committee staff position from a $9600 salary to a recording secretary with an hourly wage and budget reduction to $4200. The Town Clerk’s new fee revenues from last May’s increases as well as Chief Remillard’s fee increase for underground fuel tanks will offset the additional cost.

Property and Casualty Insurance

I met with Paul Silva to review current policies and the consultant’s recommendations. Consultant Terry Curtin hopes to complete the bid specifications so that we can advertise by the end of the month. Our Worker’s Comp. experience has been improving to save at least $74,000 in this policy alone. We currently do not have a loss control program but should. This will be one area that could save us significant dollars in the future.

Staff and I met with two representatives of the Meetinghouse Road to discuss the process for assessing betterments. The contractor, Lynch, has quoted the work at $95,000 plus 15% contingency. The total project cost, including engineering, is $168,000. The policy question is whether Bond Counsel will approve borrowing, or must it be funded from Free Cash. I have added an article on the Special Warrant to enter into an Intermunicipal Agreement with Brewster so that we can assess the 6 Brewster properties. Steve Kitchen will obtain a new petition with the current owners.

This past week, they discussed the Fire, Town Clerk and Library budgets. They hope to start voting next week on everything they have heard to date rather than wait until the end of the process. Anita briefly discussed the merits and popularity of the Senior Work Off Program. There was debate about where best to fund vehicle and building maintenance. There was debate whether the Town should be funding private libraries at the expense of the Town Library.

Comprehensive Wastewater Management Program

Frank Sampson asked if I would share with you the attached talking points in preparation of the upcoming town meeting article.

A. Citizens For Homeowners Insurance Reform

Paul Aschettino of Citizens for Homeowners Insurance Reform explained that they are a grassroots group of Cape Cod homeowners searching for solutions to the current insurance dilemma. He noted that they want to change the current practices surrounding homeowners insurance and are working with legislators and representatives at the state and local level to affect changes in unfair insurance practices on Cape Cod. He encouraged the public to make frequent calls to our legislators, our representatives and our Governor. Mr. Aschettino took questions and comments from the Board.

A. Harwich Conservation Trust request to waive fee for special permit for access stairs/wall

At Mr. Merriam’s recommendation, Mr. McManus moved to waive the fees for the Harwich Conservation Trust for their permit application. Mr. Cole seconded the motion. The motion carried by a unanimous vote.

B. Award of Contract for Architect for the New Police Station.

Mr. Cole moved to accept the contract with Kaestle Boos, the architect for the new police station. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

C. Award of Contract for the W. Harwich School Building and the Recreation Building on Sisson Road

Mr. Merriam outlined the contract from Menders Torrey & Spencer for pre-development analysis of the Recreation Building on Sisson Road and the West Harwich School Building in the amount of $63,500. He explained that is an architectural proposal to evaluate for structure, affordable housing, parking location, and septic location as well as other items. Gerry Loftus spoke at length about his displeasure at the length of time the process has already taken and how much longer it is expected to take. He made note of the fact that Town Counsel is recommending a six page document be used which refers to the specs in the RFP instead of the original twenty-one page document and he believes that the process which was originally going to take two to three months will now take much longer. Mr. Loftus recommended going with the six page document.

Mr. McManus moved to hold the item over until next week and that the Board charge he and Mr. Cole with review of the contracts and to make a specific recommendation. Mr. Cole seconded the motion and the motion carried by a unanimous vote.

D. Herring River Conservation Area Cranberry Bog Agreement and Request For Proposals

Mr. Cole moved to accept the lease amendment agreement as written. Mr. Marsland seconded the motion. The Board agreed to take up the matter of the RFP next week to allow time to review suggestions from Mr. Cakounes. Chairman Wilkins recommended that Mr. Merriam speak to Town Counsel about the matter.

E. Approve request for Special Permit to hold Bob McCourt Run for Multiple Sclerosis and Alzheimer’s on Saturday, June 23, 2007

Mr. McManus moved approval of the special permit for the Bob McCourt Run for MS and Alzheimers for Saturday, June 23, 2007. Mr. Marsland seconded the motion. Chairman Wilkins provided a letter to the Board from Mr. Waystack on this subject. Bill Lean of the Harwich Port Merchants Association noted his concerns that the race closes down Harwich Port for most of the day on their first significant summer weekend and the McCourt Foundation has been unwilling to change the route or date of the event. He requested that in the future the date and/or route be changed and he also requested that they have a forum in which they can voice their concerns before the application gets to this point.

Chairman Wilkins stated that it is clear there needs to be some rethinking for next year. He provided Mr. Lean with the letter from Mr. Waystack. Mr. McManus stated that there needs to be a public airing earlier on in the process for the people affected. Mr. Cole commented that he doesn’t see why there can’t be alternatives. The motion carried by a unanimous vote.

F. Accept gift of $200 for Trail Committee signage project

Mr. McManus moved to accept the donation of $200 from Sally and Don Bradford and send them a letter of thanks for their donation. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

DISCUSSION ITEMS

A. Warrant and One-Liners Review

1. Articles discussion:

Mr. Cole asked if Article 69, Accept General Law Chapter 59, Section 5L, is a Board of Assessors article as it indicates that it is a Selectmen article and Mr. Merriam responded that he would look into it.

Mr. Cole moved to include Articles 1, 2, 3, 91, 92, and 93 in the warrant as written. Mr. McManus seconded the motion and the motion carried by a unanimous vote.

Article 1 – Town Officers & Committees

Article 2 – Reports of Town Officers & Committees

Article 3 – Elected Officials Salaries

Article 91 – Compensating Balance Agreement

Article 92 – Liability Tidal/Non-Tidal Rivers

Article 93 – Herring Fisheries

Mr. McManus moved to include Articles 4 through 11 in the warrant. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

Article 4 – Amend Personnel By-Law

Article 5 – Fund Non-Union Compensation Plan

Article 6 – Fund Negotiated Contract – Fire Fighters

Article 7 – Fund Negotiated Contract – Water Dept.

Article 8 – Fund Negotiated Contract – Highways & Maintenance

Article 9 – Fund Negotiated Contract – Employees Association

Article 10 – Fund Negotiated Contract – Police Superior Officers

Article 11 – Fund Negotiated Contract – Police Officers

Mr. McManus moved to include Article 14 in the warrant. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

Article 14 – Fund architect & project manager for construction of new Police Station

Mr. McManus moved to include all of Article 20 in the warrant except Community Center Director articles. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

Article 20 – Purchase new equipment

The Board agreed that Article 21 should be reworded as Fund repair/replacement of Town HVAC units.

Mr. McManus moved to include Article 29 in the warrant. Mr. Cole seconded the motion and the motion carried by a unanimous vote.

Article 29 – Fund the reconstruction of Cove Road, Old Post Road & Wayside Road

Mr. Cole moved to include Article 28 in the warrant. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

Article 28 – Accept funding Chapter 90 Highway Fund

Mr. Cole moved to include Article 18 in the warrant with wording changes. He noted that the word “our” should be “out” and the text “to act fully thereon” should be moved to a more appropriate place in the article. Mr. McManus seconded the motion and the motion carried by a unanimous vote.

Article 18 – Fund new water source exploration

Mr. Cole moved to include Article 19 in the warrant with wording changes. He noted that the word “required” appears twice and that the text “to act fully thereon” should be moved to a more appropriate place in the article. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

Article 19 – Purchase Water Department Equipment – Water Meter Read System

Mr. Cole moved to include Article 22 in the warrant with wording changes. Mr. Marsland seconded the motion. Mr. Cole noted that the article is at the request of the Fleet Manager. Mr. McManus noted that the article needs to be reworded so the voters can more easily understand it. The motion carried by a unanimous vote.

Article 22 – Purchase or lease new truck for Water Department

Mr. Cole moved to include Article 16 in the warrant. Mr. McManus seconded the motion and the motion carried by a unanimous vote.

Article 16 – Fund the Road Maintenance Program

Mr. Cole moved to include Article 17 in the warrant. Mr. McManus seconded the motion and the motion carried by a unanimous vote.

Article 17 – Lease/purchase/equip new vehicles

Mr. McManus moved to include Article 30 in the warrant. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

Article 30 – Replace a portion of the roof of Highway Maintenance Building

Mr. McManus moved to include Article 33 in the warrant. Mr. Cole seconded the motion and the motion carried by a unanimous vote.

Article 33 – Dredging reserve fund

Mr. Marsland moved to include Articles 39 and 40 in the warrant. Mr. Cole seconded the motion and noted minor editing changes. The motion carried by a unanimous vote.

Article 39 – Fund preservation of Town records

Article 40 – Fund codification of the Charter & By-laws

Mr. McManus moved to include Articles 55 and 56 in the warrant. Mr. Cole seconded the motion and the motion carried by a unanimous vote.

Article 55 – Fund Police and Fire Claims Trust

Article 56 – Amend HEA compensation plan & job descriptions

Mr. Cole moved to include Article 70 in the warrant. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

Article 70 – Amend By-laws – Use of materials containing perchlorate

Mr. Marsland moved to include Articles 71 and 72 in the warrant. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

Article 71 – Amend new section of General Laws, Ch. 39, Sec. 23D

Article 72 – Accept new section of General Laws, Ch. 40, Sec. 22F

Mr. Cole moved to include Articles 73 and 74 in the warrant. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

Article 73 – Animal Control By-laws and Penalties

Article 74 – Animal Control By-laws – Kennel Licenses

The Board voted to include Article 77 in the warrant. No motion was made.

Article 77 – Lease agreement for construction of wireless tower

Mr. McManus moved to include Article 80 in the warrant. Mr. Marsland seconded the motion. The Board agreed that the article should indicate that the agreement is for the operation of the Brooks Academy Building. The motion carried by a unanimous vote.

Article 80 – Harwich Historical Society lease agreement

Mr. McManus moved to include Article 95 in the warrant. Mr. Cole seconded the motion and the motion carried by a unanimous vote.

Article 95 – Stabilization Fund

Mr. McManus moved to include Article 15 in the warrant. Mr. Cole seconded the motion and the motion carried by a unanimous vote.

Article 15 – Harwich Comprehensive Wastewater Management Plan

B. FY 08 Operating Budget Amendment #1

Mr. McManus moved the recommended amendments to the operating budget. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

Mr. Cole noted that he left off the following two items under the long term list:

Achieve affordable housing targets

Comprehensive Wastewater Management Plan

He pointed out that the long term items are not prioritized. The Board agreed to further review the list next week.

After discussion with Tom Leach, Mr. Marsland moved to withdraw Article 34, Nantucket Ferry Kiosk Terminal, from the warrant. Mr. McManus seconded the motion and the motion carried by a unanimous vote.

Mr. Marsland moved to include Article 35, Skinequit Pond Restoration Project - Aeration. Mr. McManus seconded the motion and the motion carried by a unanimous vote.

D. Review of following week’s agenda

1. Override questions

Chairman Wilkins stressed that the Board is going to have to decide if we are going to have an override and what actions will drive that override. The Board discussed the timeline for finalizing the warrant.

SELECTMEN’S REPORT

Chairman Wilkins proposed honoring our committee volunteers on Harwich Civic Spirit Day rather than going with the trade show concept as in the past. He suggested holding the luncheon on March 24, 2007 from 11:30 a.m. to 1:00 a.m. in the Multi-Purpose Room at the Community Center and he recommended that the committee be provided space for easel presentations.

Mr. McManus moved Chairman Wilkins’ proposal. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

With regard to the proposed Keyspan pipeline, Chairman Wilkins reported to the Board that he had asked Mr. Merriam to proceed in joining other towns in challenging the Siting Council. Mr. Cole moved to support the Chairman’s decision that the Town of Harwich join in support of Dennis and Yarmouth before the Facilities Siting Board as an intervener. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

Mr. McManus moved to adjourn at 10:25 p.m. Mr. Cole seconded the motion and the motion carried by a unanimous vote.

Respectfully submitted,