MINUTES
SELECTMEN’S MEETING
GRIFFIN ROOM, TOWN HALL
MONDAY, MARCH 19, 2007
7:00 P.M.
SELECTMEN PRESENT: Cole, Marsland, McManus, Piekarski, Wilkins
SELECTMEN ABSENT: None
OTHERS PRESENT: Town Administrator James Merriam, Chief Mason, Chief Remillard, Deputy Chief Flynn, David Ryan, Leo Cakounes, Jack Brown, Tom Leach, 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 having to do with contract negotiations. He called for a moment of silence for those families affected by the war in Iraq.
WEEKLY BRIEFING
No one appeared before the Board.
PUBLIC INFORMATION
Mr. Cakounes requested that the Board rescind their action of February 6, 2007 to appoint him, Mr. Luddy and Mr. Gibson to the Harwich Parade Committee. He commented that he felt that people have misconstrued this to mean that he wants to take over the parade and that was never his intention but rather it was to allow for fundraising activity to take place. The Board agreed to take the matter up under Action Items.
PRESENTATIONS
A. Award Meritorious Service Medal to Robert Hadfield
In a brief ceremony, Chief Mason presented the Department’s Meritorious Service Medal to Officer Robert Hadfield for his heroic efforts in rescuing a drowning victim on Christmas morning at Seymour Pond. Officer Hadfield received a standing ovation and the Board congratulated him and thanked him for his service.
CONSENT AGENDA
A. Approve Minutes –
1. February 26, 2007 – Regular Meeting
2. March 5, 2007 – Executive Session
Mr. Marsland held out Item A2. Mr. McManus moved to approve Item A1 on the Consent Agenda. Mr. Cole seconded the motion and the motion carried by a unanimous vote.
Mr. Marsland pointed out that Mr. Piekarski was not in attendance at the March 5, 2007 Executive Session. Mr. McManus moved approval of the minutes with the change. Mr. Marsland seconded the motion and the motion carried by a 4-0-1 vote with Mr. Piekarski abstaining from the vote.
TOWN ADMINISTRATOR’S REPORT
Mr. Merriam delivered the following report:
Harwich Chamber of Commerce
Sue Leven and I spoke before the Chamber at the 400 East Restaurant on Tuesday night. We discussed economic development in general and the East Harwich planning project in particular. I look forward to future dialogue with the business community.
Harwich Taxpayers Association
On Saturday, March 10th, Chairman Wilkins spoke before the Taxpayers Association. At his request, Dave Ryan and I participated and responded to various questions, primarily budget in nature. President Geoff Wigman endorsed the Benchmarking study as a way to discover those areas where spending might be out of line with a comparable group of similar communities.
FY 08 Budget
Amendment #2
Dennis Hoye has informed me that the Golf Committee has scheduled a public hearing for Monday, March 19th to recommend that the golf fees be amended as follows for the Practice Range: projected usage projected revenue
Member rate $175 150 $26,250
Non member rate $275 150 $ 41,250
Daily rate $10 300 $ 3,000
Total $ 70,500
They intend to address your meeting and report to you the results immediately following this hearing. They hope to receive your support for amending their budget by $46,000 as recommended in amendment #2.
Amendment #3
Attached is amendment #3 which addresses you budget priorities for funding the one paramedic position, the additional 10 hours for the Council on Aging Outreach Worker and moves the Selectmen /Administrator copier request from the Capital article and places it into our operating budget. The paramedic funding is predicated upon adoption of recommendations found in the Fire Inspector memo.
Attached is a summary of Article 14, the FY 08 operating budget which totals $44,564,947 inclusive of Schools and Water.
Municipal Benchmarking
General Manager Ken Strachan has e-mailed me a cost proposal for your consideration. Chairman Wilkins has asked follow up questions regarding the update cost and the Education, Police and Fire Yardstick reports. Those cost proposals are also attached.
After the Board discussed the cost proposal for the Benchmarking Study, Chairman Wilkins requested the Mr. Merriam get clarification on what is included.
CPC Funds for Tax Title
Jack Brown called to assure us that it is appropriate based upon his research to use CPC funds for the later part of filing fees with the Registry for tax title legal work. He believes that if any of the parcels are resold that the proceeds should go back into the CPC fund.
Mr. McManus recommended that the Board have an Executive Session with Atty. Ford on the issue of all tax title properties. Chairman Wilkins informed Mr. Merriam that the Board needs a balanced plan in dealing with this issue which should consider affordable housing, open space and putting the land back on the tax rolls. Jack Brown pointed out that they can’t use CPC money for this if they are going to sell the properties but that affordable housing and open space would be acceptable uses.
Disabilities Committee
I met on Wednesday with the Disabilities Committee and ADA Coordinator Barbara Anne Foley. I promised my full support and cooperation with Barbara in enforcing the Federal and State laws pertaining to handicap issues.
State Telecommunications Board
I met with the SETB on Wednesday at the MEMA underground headquarters in Framingham. Verizon is pressing ahead with installations of updated equipment. This is an incentive to move the joint dispatch project forward to be in a position to receive this new equipment later this year.
Vehicle List
Vehicle Maintenance Superintendent Charlie Tuominen has updated the list of Town owned vehicles and cross referenced it to our auto insurance list. He deleted a number of vehicles saving the Town approximately $8000 in annual premiums. This work has been forwarded to our consultant to be included in the bid specifications for next year’s policy. Charlie spent significant time on this project for which he is to be commended.
Cape Cod Times Article
On Tuesday, March 13th, a Cape Cod Times front page article appeared by George Brennan in which he writes a story entitled” Towns shed little light on use of municipal cars”. He asked three questions: Who drove town owned vehicles or who takes them home? How much does it cost to maintain those cars? How many miles were driven?
He writes that Harwich refused to fill request for this information. In response, I asked Sandy Robinson to provide me with a written explanation because it is not our custom to withhold such information. Attached is Sandy’s version of the inquiry and a totally different perspective of this event. Subsequently, I spoke to reporter Aaron Gouveia and indicated that a list of town owned vehicles and a list of gasoline pumping records are available and that a list of employees who take vehicles home would be available on Friday. He did pick up these lists on Thursday. I do note that the Town has not adopted a formal Town owned vehicle use policy, but should. If your Board wishes, I can forward a draft policy for your consideration. Each of the department heads have provided our
office with their current practice and there does not appear to be any misuse of vehicles.
At Chairman Wilkins’ request, Mr. Merriam read the statement from Ms. Robinson. Chairman Wilkins noted that under the Freedom of Information Act we have 10 days to provide information and a request such as this requires some flexibility on the part of the newspaper. He requested that Mr. Merriam send a letter to the Cape Cod Times indicating that we don’t like the way we were portrayed in their article.
Regional Wastewater discussions
Frank Sampson has e-mailed me that the Water Quality Task Force has been in discussions with Chatham officials over the last 5 years as they pertain to Pleasant Bay and Muddy Creek. Frank is willing to come before the Board for an update if it is the Board’s pleasure.
The Massachusetts Coastal Training Program has scheduled a Financing Wastewater Solutions on Cape Cod Workshop for Friday, April 27th at the Holiday Inn in Hyannis.
OpenCape Corporation
On Monday, the OpenCape Corporation was formed to build a wireless broadband data network to transport digital information across the Cape. It should become invaluable for the business community and especially Emergency Management during storms.
Marini subdivision
Paula Champagne reported that the Cape Cod Commission voted on March 8th to take jurisdiction over the Marini subdivision. Peter Feuerbach, the Marini attorney continues to press for release of legal opinions for which he is not entitled under MGL Ch.4, section7.
Sell parcels of Land
Gerry Loftus has offered to have the Housing Committee as co-petitioners of the article to sell parcels of land in which the proceeds would go into the Affordable Housing Trust Fund conduct a public hearing on April 9th. Your Board of Selectmen are also co-sponsors of this article.
Long Pond Treatment
I have asked Representative Peake to assist Harwich and Brewster to secure the $150,000 supplemental DCR grant reimbursement so that the work can proceed next fiscal year. See attached e-mail from Charlie Sumner.
ACTION ITEMS
A. Selectmen vote to open the May Special Town Meeting – open and close warrant on March 26, 2007
Mr. Piekarski moved to open the Special Town Meeting warrant on Monday, March 26, 2007 at 8:30 a.m. and close it at 5:00 p.m. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.
B. Energy Facilities Siting Board – local fees
Mr. McManus moved to approve going ahead with the legal work in regard to the appeal against Keyspan Energy Siting Board. Mr. Piekarski seconded the motion. Mr. Cole cautioned that the legal account is becoming overdrawn and Mr. Merriam stated that they could do a reserve fund transfer. The Board heard from Mr. Cakounes on this subject who noted that the work proposed to be done in Harwich may be as far as 3 to 4 years down the road. The motion carried by a unanimous vote.
C. Fire Chief Contract
Chairman Wilkins noted that there are still minor details to work out on the Fire Chief Contract and the Board would not be addressing it at this time.
D. Proposed Golf Committee fees (unscheduled agenda item)
Mr. Boulé of the Golf Committee explained that the Committee had met tonight and voted fees for the Practice Range to take effect from May 1, 2007 to April 30, 2008 which he outlined for the Board. The Board agreed to wait to act on this until the Committee provides their written proposal on the fees.
DISCUSSION ITEMS
A. Waterway Management Fund
Mr. Ryan reviewed the Harbor revenues and expenditures of the Waterway Management Fund and General Fund Harbormaster for 2006. He explained that the Waterway Management Fund is a restricted fund which requires Town Meeting vote for expenditure and that revenues for the General Fund Harbormaster are part of the General Fund. Mr. Merriam recommended that proposed costs for projects such as extending the ramp at Allen Harbor and replacing pilings at Saquatucket Harbor come from the General Fund Harbormaster instead of free cash. Mr. McManus cautioned that using this money for capital projects at the Harbor will diminish the operating revenues we have to run other parts of the Town. Mr. Piekarski remarked that the decision is within Mr. Merriam’s purview. Murray Johnson,
Waterways Chair, reviewed a letter from the Waterways Commission on the issue of disposition of money from the Waterways Improvement Fund. Chairman Wilkins stressed the need for a Harbors Maintenance and Management Plan. The Board took no action on this issue.
B. Recommendation to hold Public Hearing to amend the liquor license fees for second licenses
Mr. McManus moved to hold a public hearing on April 2, 2007. Mr. Cole seconded the motion. At Mr. Cole’s request, Mr. Merriam provided clarification on the summary recommendation. The motion carried by a unanimous vote.
ACTION ITEMS (Continued)
E. Rescind vote to appoint Town Parade Committee (unscheduled agenda item)
Mr. McManus moved to rescind their previous motion to appoint a Town Parade Committee. Mr. Cole seconded the motion and the motion carried by a unanimous vote.
F. Vote Town Meeting Articles
Mr. McManus moved to support Article 1, Town Officers & Committees; Article 2, Reports of Town Officers & Committees; and Article 3, Elected Officials Salaries. Mr. Cole seconded the motion and the motion carried by a unanimous vote.
The Board agreed that all motions to support articles would be out of tax levy unless otherwise stated.
Mr. McManus moved to postpone taking a position on Articles 4 through 10 to Fund Negotiated Contracts. The Board agreed not to take a vote but rather to pass on these articles.
With regard to Article 11, Fund One Fire Fighter/Paramedic, Mr. McManus moved to approve of Budget Amendment #3, Item 1. Mr. Cole seconded the motion and the motion carried by a 4-1-0 vote with Mr. Piekarski in opposition.
Mr. McManus moved to support indefinite postponement of Article 11, Fund One Fire Fighter/Paramedic. Mr. Piekarski seconded the motion and the motion carried by a unanimous vote.
Mr. McManus moved to support indefinite postponement of Article 12, Fund New Police Officers 6 EFT’s. Mr. Piekarski seconded the motion. Mr. Cole offered an amendment to the main motion of 2 Police Officers with the funding coming from an override. Chairman Wilkins, Mr. Piekarski and Mr. Marsland opposed the motion and the motion failed on a 2-3-0 vote.
With regard to Article 13, Fund Additional Hours for Part-Time Outreach Coordinator at COA, Mr. Merriam outlined Budget Amendment #3, Item III in the amount of $12,163 for the additional hours. Mr. Cole moved to approve Item III of Budget Amendment #3. Chairman Wilkins seconded the motion. The Board discussed the proposal. Mr. Piekarski noted that Mr. Merriam’s report indicates that this along with the Paramedic position is among the Board’s budget priorities and he stressed that the Board never voted their budget priorities. He also emphasized that we cannot sustain these positions next year. Mr. Cakounes voiced his opposition to using money from the Human Services article which he noted went out to override on two occasions. He added that it is not proper to take
money out of postage and Meals On Wheels to create a position in perpetuity. Mr. McManus noted that originally we used another vendor for Meals On Wheels and we have since taken that back. The Board agreed that the issue needs to be settled between Ms. Foley, Mr. Ryan and Mr. Merriam. Mr. McManus moved to table discussion of the Outreach Coordinator and Human Services article until next week. Mr. Cole seconded the motion. Mr. Cole withdrew his motion and the Board agreed to pass on this item and move ahead. No votes were taken.
Mr. McManus moved to support Article 15, Capital Plan Adoption. Mr. Cole seconded the motion. Mr. Cole questioned why they did not get a recommendation for approval from Capital Outlay on the Saquatucket Harbor pilings which is listed under FY08 in the Capital Plan. Mr. Merriam pointed out that the pilings are for FY07 and this was an emergency situation. Mr. McManus moved to support the Capital Plan minus the Harbor Piling Replacement in FY08. Mr. Cole seconded the motion and the motion carried by a unanimous vote.
Mr. McManus moved to support Article 16, Fund Architect and Project Manager for Construction of New Police Station for $500,000 from exempt debt. Mr. Cole seconded the motion and the motion carried by a unanimous vote.
Mr. Piekarski moved to extend the meeting for one-half hour. Mr. Cole seconded the motion and the motion carried by a unanimous vote.
Mr. McManus moved to support Article 17, Harwich Comprehensive Wastewater Management Planning, at an estimated cost of $500,000 to come from exempt debt. Mr. Piekarski seconded the motion. Mr. Cole questioned why the amount is $300,000 in the Capital Plan. Mr. Merriam stated that Frank Sampson told him it is going up to $500,000. Mr. Cole pointed out that it didn’t come to the Board from the Capital Outlay Committee and they haven’t approved the change. Mr. Merriam stated that the bids are in and there is already a contract. Mr. Cole noted other differences in the Capital Outlay Plan. Mr. Ryan said he would check into it and the Board passed on this item.
Mr. McManus moved to support Article 22, Purchase New Equipment, for a total estimated cost of $45,756 to come from Free Cash. Mr. Cole seconded the motion and the motion carried by a unanimous vote.
Mr. McManus moved to support Article 36, Reconstruct Tennis Courts at Brooks Park, at an estimated cost of $82,000 from CPC funding. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.
Mr. McManus moved to support Article 37, Fund Walking Trail Improvements, at an estimated cost of $5,000 from CPC funding. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.
Mr. McManus moved to support Article 38, Construct Bocce Courts at Brooks Park, at an estimated cost of $5,000 from CPC funding. Mr. Marsland seconded the motion and the motion carried by a 4-1-0 vote with Mr. Piekarski opposing the motion.
Mr. McManus moved to support Article 39, Fund Preservation of Town Records, at an estimated cost of $34,629 from CPC funding. Mr. Cole seconded the motion and the motion carried by a unanimous vote.
Mr. McManus moved to support Article 40, Fund Codification of the Charter and By-Laws, at an estimated cost of $30,000 from CPC funding. Mr. Cole seconded the motion and the motion carried by a unanimous vote.
Mr. McManus moved to support Article 41, Fund Restoration Projects at Brooks Academy, at an estimated cost of $50,000 from CPC funding. Mr. Cole seconded the motion and the motion carried by a unanimous vote.
Mr. McManus moved to support Article 42, Fund Renovations at Old Recreation Building and West Harwich School, at an estimated cost of $84,000 from CPC funding. Mr. Piekarski seconded the motion and the motion carried by a unanimous vote.
Mr. McManus moved to support Article 43, Upgrade Electrical System at the Brooks Academy, at an estimated cost of $30,000 from CPC funding. Mr. Piekarski seconded the motion and the motion carried by a unanimous vote.
Mr. McManus moved to support Article 44, Fund Housing Costs at 916 and 920 Route 28 in South Harwich, at an estimated cost of $69,533 from CPC funding. Mr. Piekarski seconded the motion and the motion carried by a unanimous vote.
Mr. McManus moved to support Article 45, Development of Driftwood Lane Housing Development, at an estimated cost of $90,000 from CPC funding. Mr. Cole seconded the motion and the motion carried by a unanimous vote.
Mr. McManus moved to support Article 46, Fund Infrastructure Design and Construction at Old Recreation Building on Sisson Road, at an estimated cost of $90,000 from CPC funding. Mr. Piekarski seconded the motion and the motion carried by a unanimous vote.
Mr. McManus moved to support Article 47, Fund Rental Assistance Revolving Fund, at an estimated cost of $100,000 from CPC funding. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.
Mr. McManus moved to support Article 48, Fund Pre-Development of Harwich Portuguese Men’s Club Housing Development, at an estimated cost of $100,000 from CPC funding. Mr. Piekarski seconded the motion. Mr. Brown commented that the funds cannot be released with out clear title. The motion carried by a unanimous vote.
Mr. McManus moved to support Article 49, Fund Administrative Costs of the Community Preservation Committee, at an estimated cost of $25,000 from CPC funding. Mr. Piekarski seconded the motion and the motion carried by a unanimous vote.
Mr. Brown asked that the Board hold on Article 50, Acquisition of Tax Title Properties, until he, Mr. Merriam and Mr. Ryan do some more fine tuning. The Board agreed to hold on this article.
Mr. McManus moved to support Article 51, Open Space Management Plan, at an estimated cost of $40,000 from CPC funding. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.
DISCUSSION ITEMS (Continued)
C. Discussion of Town Hall Hours
The Board did not address this item.
D. Fire Inspection Report
Mr. Merriam outlined his report on this issue in which he stated that he could not recommend shifting fire inspection services to the Building Department and he provided alternate recommendations to the Board for savings. The Board took no action.
E. Citizen Survey
The Board did not address this item.
SELECTMEN’S REPORT
A. MMA – Local Government Advisory Council – Robin Wilkins
The Board did not address this item.
ADJOURNMENT
Mr. McManus moved to adjourn at 10:50 p.m. Mr. Piekarski seconded the motion and the motion carried by a unanimous vote.
Respectfully submitted,
Ann Steidel
Recording Secretary
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