Town of Harwich Massachusetts - Minutes

SELECTMEN’S MEETING

GRIFFIN ROOM, TOWN HALL

WEDNESDAY, APRIL 4, 2007

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

SELECTMEN ABSENT: None

OTHERS PRESENT: Town Administrator James Merriam, Chief Mason, Deputy Chief Flynn, David Ryan, Anita Doucette, David Scannell, Barry Worth, Bill Doherty, Ray Jefferson, Richard Waystack, Myer Singer, and others.

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

Chairman Wilkins explained that the Board just came out of Executive Session for discussion of real estate matters.

Peter White spoke in support of the petition articles to install solar panels at the Community Center and Town Hall. Barry Worth characterized these as demonstration projects which he noted we already have at the Elementary School. He pointed out that the unit at the Elementary School has been in service for four months and to date we have generated 396 kilowatt hours which would amount to an approximate $400 in savings per year. Mr. Worth explained that the larger unit that is being proposed would save about $2,100 per year and have a payback of about 24 years. He added that the maintenance is not included. Mr. White responded that there are no maintenance costs involved and the unit comes with a 25 year guarantee. The Board took no action.

PUBLIC HEARINGS (7:15 P.M.)

A. To set liquor license fees for second licenses

Mr. Marsland read the hearing notice into record. Mr. Merriam explained that there is a need to set a fee for current holders of pouring licenses who want to apply for a second license as we are anticipating two applications of this nature. Chairman Wilkins opened the Public Hearing. With no one appearing before the Board, Mr. Marsland moved to close the public hearing. Mr. McManus seconded the motion and the motion carried by a unanimous vote. Mr. McManus moved to set the fee for Seasonal All Alcohol Common Victualler Licenses at $500 when combined with a Annual Wine & Malt Common Victualler License, Annual Wine & Malt Common Victualler Licenses at $300 when combined with a Seasonal All Alcohol Common Victualler License and raise the fee for Seasonal All Alcohol Package Store Licenses to $350 when combined with an Annual Wine & Malt Package Store License. Mr. Marsland seconded the motion. The motion carried by a 4-1-0 vote with Mr. Piekarski in opposition.

A. Approve Minutes –

1. March 12, 2007 – Regular Meeting

B. Caleb Chase Fund Requests

3. Case #3 (from previous week)

C. Approve seasonal licenses for Trampoline Center, Inc.

Mr. McManus requested to remove Item A1 from the Consent Agenda and Mr. Cole asked to remove Item B3. Mr. McManus moved to approve the Consent Agenda Items B1, B2 and C. Mr. Piekarski seconded the motion and the motion carried by a unanimous vote.

Mr. Cole moved to approve the minutes of March 12, 2007 with one amendment on Page 6 and that is to change the name of the firm to S&J Exco. Mr. Piekarski seconded the motion. The motion carried by a 4-0-1 vote with Mr. McManus abstaining from the vote.

With regard to Item B3, Mr. Cole moved to deny the request for discussion purposes. Mr. Piekarski seconded the motion. Barbara-Anne Foley offered to have the Board use the Council on Aging Outreach Department as a screening tool for Caleb Chase requests as it has access to numerous resources and then bring back recommendations to the Board. Chairman Wilkins noted that this is under the purview of the Town Administrator. Mr. McManus commented that when this item was tabled it was so the Town Administrator could research and get more information on this case and he inquired as to what was done. Mr. Merriam stated that he had given it back to staff and he did not know what was generated. Mr. Cole withdrew his motion. Mr. Piekarski stressed the need for guidelines to be set up for Caleb Chase Fund distributions. Mr. McManus moved to table this item pending a recommendation from the Council on Aging staff. Mr. Cole seconded the motion. Chairman Wilkins noted that the process should be in concert with the Town Administrator’s Office. The motion carried by a 3-2-0 vote with Mr. Piekarski and Mr. Marsland in opposition. The Board agreed that the Town Administrator should develop guidelines as soon as possible.

TOWN ADMINISTRATOR’S REPORT

Mr. Merriam delivered the following report to the Board:

The Annual and Special Town Meeting Warrants are ready for printing. The Election Ballot is also ready for the printer. Town Counsel and Bond Counsel have reviewed and approved the warrants, the six ballot questions and motions pertaining to Debt and Capital Outlay Exclusions.

The Town Administrator recommended Budget Amendment #3 pertaining to the COA Outreach Worker (12,163 requested) is resubmitted.

The Finance Committee completed its deliberations on Thursday evening by voting their recommendations on the Operating Budget including through Budget Amendment #3. Attached is the updated one-liners which each of your votes and those of the Finance Committee. Also attached is their recommended Operating Budgets.

The Finance Committee has requested a Budget Workshop (off camera) with the Board of Selectmen for April 9^th between 7-8pm in order to resolve any differences.

Reporter Bill Galvin inquired whether the Special Town Meeting date and time were actually included in your motion to open and close, so I’ve added it as an action item so that the AG could not rule defective notice under any actions taken.

FY 07 School Supplemental Operating Budget

Attached is a copy of the School Administration’s request for $79,960 to supplement the current year which is found in Article 7 of the STM.

Also attached are School Administration memos regarding Charter School Reserves and Rate Calculations.

Also attached is a News Service from the SBA which was provided by Representative Peake and forwarded to Superintendent Cragin. SBA will be receiving new requests after a four year moratorium. They have received 173 “letters of interest” to date. They will be limiting approvals to $500 million per year in new spending.

Brewster Bylaws Change

We are in receipt of a request from the Town of Brewster to waive the advance notice requirement related to their zoning change which was voted at their November 13,2006 Town Meeting. The Attorney General has required this remedy for failure to notice surrounding towns. Planner Sue Leven has recommended that we sign the waiver.

Belmont Park Section 4

I met with Michael McHaskell who is representing the abutting Rod and Gun Club. He is inquiring about land clearing by owner Christopher Keyes. Mr. Keyes is claiming he has an approved subdivision which predates the subdivision control law and zoning. Geoff Larsen has approved stump removal but issued a stop work order until these legal matters are resolved.

Joint Dispatch- Fire MOA

Attached is an MOA in which the Firefighters are linking dispatch negotiations to the Town commencing negotiations for a successor agreement. I have no problem agreeing to this term, as we should start negotiations now.

Mr. Piekarski noted that the text “Police Union” should be stricken from the 2^nd paragraph in two places and left as is in the 3^rd paragraph. Chairman Wilkins requested that it be put on Town letterhead and noted that the Board would address this item under the Action Items section of the agenda.

Chief Remillard is communicating with numerous parties to start clearing existing ways, ancient ways and cart paths prior to the dry season. Chief Remillard is seeking support through Americorps. MEMA Region 2 Director Bob Nadeau already issued red flag warnings on March 29^th for the Cape and Islands as well as other counties due to strong wind conditions.

WIFI Community Center

Carolyn Carey has requested that Foster Banford assist her with researching how best to provide WIFI access at the Community Center. She indicated that the Friends Group may pay for this new service.

Representative Peake called to inform us that she has requested House Counsel to prepare our Home Rule Petition for authorization to borrow to make repairs to private ways, modeled after the Brewster legislation.

House Ways and Means Budget

According to the MMA Action, the House W&M Budget is scheduled for release on April 11^th. The MMA is requesting that we contact our delegation to fund Police Incentive pay, Chapter 70 by $60 million more, and the Partnership items. Representative Peake did inform me that she testified for the GIC option.

Representative Peake

Attached is Representative Peake’s posting. I took the picture of Representative Peake with Eagle Scout Nicholas Kulak in her newsletter.

A. Police Officer Appointment

Chief Mason recommended that Keith Kanally be appointed as a Regular Police Officer effective April 12, 2007 at the hiring rate of P3, $35,492.05. Mr. Piekarski moved the Chief’s recommendation. Mr. Cole seconded the motion and the motion carried by a unanimous vote.

B. Recommendations from Health Insurance Advisory Committee

Tom Gould noted that the Board has their recommendations to set the rates for health insurance. Mr. Merriam stated that this is a recommendation to get us through FY08 but does not make the progress we need to make. Mr. Gould explained that the increases are based on projections from Cook & Co. He explained that we don’t have the option of going to another plan as there needs to be negotiations with each of the unions so at this time there is no point in getting bids. Mr. Merriam stated that if the Board votes the rates tonight, the open enrollment will start tomorrow. Mr. Piekarski moved to accept the recommendations from the Town Administrator and Health Insurance Advisory Committee. Mr. Cole seconded the motion and the motion carried by a unanimous vote. Mr. Gould noted that the Health Fair is on April 11^th from 11:00 to 4:00 and he asked that the Town Administrator encourage employees to attend.

C. Approve business permit for Cape Cod Scenic Tours – recommendation by Police Department

Mr. McManus moved to grant a business permit for a Municipal Street License to Cape Cod Scenic Tours. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

D. Request from the Town of Brewster to Waive the Advance Notice Requirement Related to a Zoning Change

Mr. Cole moved to authorize the Town Administrator to sign the waiver of Chapter 40, Sec. 32 and Ch. 40A, Sec. 5, Formal advance notice of Public Hearings related to proposed zoning articles in Brewster. Mr. Piekarski seconded the motion. Mr. McManus stated that he has brought up before that items such as this should be on the listed separately on the agenda and for that reason he will be voting no on this item. The motion carried by a 4-1-0 vote with Mr. McManus in opposition.

E. Vote Election Ballot and Special Town Meeting Time and Date

Mr. McManus moved to approve the Special Town Meeting Warrant, the date to be May 8, 2007 commencing at 8:00 p.m. Mr. Piekarski seconded the motion and the motion carried by a unanimous vote. Mr. McManus moved to approve the ballot as presented containing six questions and including a seventh question which should read “Shall the Town of Harwich be allowed to exempt from the provisions of Proposition 2 ½, so called, the amounts required to pay for the bond issued in order to fund the acquisition for general municipal purposes of all or a portion of land now or formerly owned by Julia T. Downey, Trustee, and located on the south side of Route 28 in Harwich, MA, and shown on Assessor’s Map 15 as Parcel H4, containing 2.2 acres, more or less, as outlined in Article 75 of the May, 2007 Annual Town Meeting Warrant for which monies from this assessment will be used for the fiscal year beginning July 1, 2007?” Mr. Piekarski seconded the motion. Mr. McManus stated that he would like to have the question reviewed by Town Counsel and Bond Counsel. The motion carried by a unanimous vote.

F. Approve FY 2008 Budget

Mr. Merriam outlined Budget Amendment #3, Item III (attached), and Mr. Ryan took questions from the Board. The Board unanimously voted to approve Budget Amendment #3, Item III, in the amount of $12,170 for increased hours for the COA Outreach Worker.

Mr. McManus moved approval of the FY08 Budget as recently amended. Mr. Marsland seconded the motion. The motion carried by a 4-1-0 vote with Mr. Piekarski in opposition.

DISCUSSION ITEMS

A. Discuss proposed changes to General By-Laws – By Law and Charter Review Committee

Ray Jefferson stated that the Committee has been working on the General By-Laws and they sent out letters to department heads and committee chairs asking for suggested changes and/or additions. He noted that by next year they hope to be ready to go out with a general change modification for simplification of our By-Laws through a warrant article.

B. Discuss articles re: Solar Panels at Town Hall and Community Center

This item was addressed under Public Information.

The Board took no action on this item.

D. One liners review - work session with Finance Committee on April 9, 2007

Chairman Wilkins noted that there will be a work Session with the Finance Committee from 7:00 p.m. to 8:00 p.m. on April 9, 2007 with the Regular Meeting commencing at 8:00 p.m.

Mr. Piekarski moved to indefinitely postpone Article 13, Fund Additional Hours for Part-time Outreach Coordinator at COA. Mr. Cole seconded the motion and the motion carried by a unanimous vote.

With regard to Article 57, Contract to Conduct Demographic Study, Mr. McManus reminded Mr. Merriam that the Board had requested information from staff on what this article would cost.

With regard to Article 79, Amend Designations of Town Zoning Districts, Atty. Singer asked the Board to consider supporting this article and Mr. McManus responded that the Board had already voted to support it.

Mr. Piekarski moved to indefinitely postpone Article 80, Fund Solar Energy System at Town Hall. Mr. Marsland seconded the motion. The motion carried by a 4-1-0 vote with Mr. McManus in opposition.

Mr. Piekarski moved to indefinitely postpone Article 81, Fund Solar Energy System at Community Center. Mr. Marsland seconded the motion. The motion carried by a 4-1-0 vote with Mr. McManus in opposition.

Mr. Piekarski moved to support Article 73, Sell Parcels of Land Owned by Town. Mr. Cole seconded the motion. After a discussion regarding separating the parcels into categories, Mr. Cole stated that the Board should be prepared to amend this article on Town Meeting floor.

Mr. Piekarski moved to indefinitely postpone Article 50, Acquisition of Tax Title Properties, based on advice of Counsel. Chairman Wilkins seconded the motion. The Board had a lengthy discussion on this item with regard to the use of parcels as well as the funding source. Mr. McManus recommended that the Board have the Real Estate and Open Space Committee in to discuss this. Mr. Merriam noted that they could amend the article for an alternative funding source by increasing the Treasurer’s budget at Town Meeting. The motion carried by a unanimous vote.

Mr. Piekarski moved to support Article 7, Supplement FY07 School Operating Budget. Mr. McManus seconded the motion and the motion carried by a unanimous vote.

Mr. Piekarski moved to support Article 23, Community Center Shutters – Local Match. Mr. McManus seconded the motion and the motion carried by a unanimous vote.

E. Sell town parcels for affordable housing

This item was addressed in the previous discussion.

SELECTMEN’S REPORT

Mr. McManus requested that staff check with the State and provide a report on the status of the Twilight Tavern’s liquor license for a future agenda.

At 10:50 p.m., Mr. McManus moved to return to Executive Session to conclude contract negotiations and not to reconvene. Mr. Piekarski seconded the motion and the motion carried by a unanimous vote.

Respectfully submitted,