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Minutes - April 30, 2007
MINUTES
SELECTMEN’S MEETING
GRIFFIN ROOM, TOWN HALL
MONDAY, APRIL 30, 2007
Joint Meeting with Finance Committee 7:00 P.M.
Regular Meeting 7:30 P.M.

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

OTHERS PRESENT:  Town Administrator James Merriam, Chief Mason, Deputy Chief Flynn, Craig Wiegand, David Ryan, Barbara Anne Foley, Bob Tombs, Warren Smith, Jack Brown, Pete Watson, Sandy Davidson, Carole Ridley, and others.

JOINT MEETING WITH FINANCE COMMITTEE

Mr. Tombs reported that there have been no changes in their recommendations on the warrant articles.  Mr. Merriam outlined the articles for which recommendations of the Board and Finance Committee differed and Mr. Tombs described the rationale behind their recommendations on these articles.  The Board considered Mr. Tombs’ remarks and discussed their positions.  The Board also took comments from Mr. Watson and Mr. Brown.  The Board took made no changes in their positions on the warrant articles.

WEEKLY BRIEFING

A.      Craig Wiegand – DEP Award

Mr. Wiegand read a letter from the Department of Environmental Protection which notified the Water Department that the Department has won a Public Water System Award for excellence for calendar year 2006 for being placed in the top five percent of public water systems in the Commonwealth.  Chairman Wilkins congratulated and thanked the staff of the Water Department.

PRESENTATION

A.   Discussion with Warren Smith of Barnstable County Human Services regarding
      Demographic Study

Warren Smith, Data Analyst with Barnstable County Human Services explained that he has studied the health and human services needs of Barnstable County for 15 years and part of that study includes some demographic predictions but it only pertains to the 55 and older population.  He noted that he acted as principal investigator for the publication “2007 Monitoring the Human Condition” which he discussed and distributed to the Board.  Mr. Smith described the Senior Mobility Initiative as well as the long range objectives for this program which includes researching the population to determine what the demand for mobility type services and assisted technology will be.  He stressed that he cannot contribute any data in the area of the younger population.  Mr. Smith took questions from the Board.

PUBLIC INFORMATION

Sandy Davidson thanked the Board and Mr. Merriam for their support in their efforts to work with Cape Business Magazine in putting out a supplement which addresses Harwich.

CONSENT AGENDA

A.   Minutes
1.      April 4, 2007 Regular Meeting (tabled from April 23, 2007 meeting)
2.      April 9, 2007 Regular Meeting
B.      Resignation of George Dinsmore from the Disability Rights Committee
C.      Resignation of Alan Hall from the Agricultural Committee
D.      Resignation of Robert Owens from Capital Outlay Committee
E.      Accept gift of granite bench from Garden Club to be placed at Brooks Academy to commemorate Garden Club’s 75th Anniversary

Mr. McManus requested to remove Item E from the Consent Agenda.  Mr. Cole moved to accept Items A, B, C, and D of the Consent Agenda with the understanding, with respect to Item B, that we will plan to do some special recognition of the individual.  Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

Mr. McManus explained that the Garden Club, in honor of their 75th Anniversary, would like to donate a granite bench to be placed in the area adjacent to the water fountain located at Brooks Academy Park.  Mr. McManus noted that the Garden Club works tirelessly to make this a more beautiful Town and congratulated them on this milestone.  Ms. Dillon of the Garden Club noted that the dedication for the bench will be on the morning of June 5, 2007.  Mr. McManus moved to graciously accept the gift from the Harwich Garden Club and send a letter of thanks for their efforts.  Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

TOWN ADMINISTRATOR’S REPORT

Mr. Merriam delivered the following report:

Property and Casualty Insurance
Three bids were received on April 25, 2007. They were from BY&D, MIIA and Gaudette. The bid results are being reviewed by Terry Curtin from Donoghue and Associates with a recommendation expected by early next week. I believe that you will be very pleased with the savings. Remember that our FY 07 Budget is $800,000 and reduced it to $750,000 for FY 08 in anticipation of favorable bid results.  The bid results will be under separate cover.

ATM / STM Motions
Attached is the latest update of the motions as recommended by Town Counsel. Please note the changes related to CPC funding, the COA Revolving Account and the transfer of funds for the Superior Officers award. There are 2 Article 46 motions, depending on what the FinCom does. Your Board also should decide whether to offer a motion regarding the Downey property.

FY 08 School Budget
Superintendent Cragin and I discussed the Chapter 70 allocation for Harwich based upon the April 4th Joint Resolution passed by the Legislature. As you may recall, when Governor Patrick’s House 1 Budget was released and our Chapter 70 was $78k less than I had projected, I asked Supt. Cragin if they would absorb the $36K cost of the Medicaid Clerk within their Operating Budget. Now that the Ch.70 is approximately $10,000 more than I originally projected and $88k above the House 1 amount, it is only equitable that we offer to restore approximately $40k into the School Budget. Therefore, I recommend that the School Budget be amended by an additional $40,000.

Joint Dispatching
Chiefs Mason, Remillard, Deputy Chief Flynn and I met again on Monday to develop a proposal with phasing in of the joint dispatch function. The first phase would be personnel driven with job descriptions, scheduling and cross training. The second phase would involve construction of a shared space either within the existing Fire Station or within the new Police Station. The Fire Training room has been suggested if we did not want to wait until a new Police Station is built.

Cranberry Bogs
John Sinnott assisted John Chatham and me with the analysis of the four bids received for the Herring River Bog and one bid for the Jenkins Bog. We will be making our recommendations under separate cover.

Harwich Old Home Day Parade
I met on April 25th with Nancy Moran and Laura Schaub who expressed interest in establishing an Old Home Day Parade for calendar 2008. They would like to establish a Selectmen appointed Committee to run a parade, and a separate non profit group for fund raising. They thought that a parade would cost approximately $17,000. They would also like to seek a town appropriation for FY 09 to partially fund the parade and the balance coming from the fund raising effort. They will be seeking names to submit to your Board for appointment consideration, as well as asking for the $1,800 balance to be forwarded into a town account set up for this purpose.

Model Airplane test
A noise metering test was conducted on April 24th regarding the Lower Cape R/C Club request to fly model airplanes over the former landfill site. Chief Mason, Club President Charlie Walkley, Recreation Director Jeff Carter and I stood at 499 Main Street in front of Ms. Jennifer DeFoe’s house to measure the volume from the 2 and 4 cycle engines. Chief Mason documented the background noise and those other noises we experienced, such as car, truck and bus noises, leaf blower as well as model airplane noises. Ms. DeFoe was informed a day prior to the test but was unfortunately not available during the test. Even with the wind direction toward the DeFoe property, the increased noise level by the model airplanes was negligible. The Lower Cape R/C Club has provided the Town with an insurance binder naming the Town as an additional insured in the amount of $2.5 million. This is in addition to every AMA member’s insurance, bringing the site aggregate to $5 million.

Computer Use Policy
Labor Counsel Leo Peloquin provided me a copy of his presentation on computer uses and a copy of Plymouth’s policy. I have attached a copy of each for your review.

Cape Cod Regional Solid Waste Contract Committee
The Cape Cod Commission staff is seeking a representative to join this Committee. Since our contract with Semass expires in 2015, it appears to be quite premature in studying this matter starting in 2007. I would suggest that we allocate our resources toward more pressing matters.

Demographic Study
Larry Cole and I had a detailed conversation with Demographer Peter Franchese about conducting a study for Harwich. Peter quoted us a price of $24,000 to perform the first phase of projections, not including the link to service levels. He is expected to complete a book on June 11th entitled Communities and Consequences, where he studies the impact of communities performing services locally rather than regionally.

HECH
Bob Murray submitted the attached HECH report for the period through December 31, 2006 as required by the Land Disposition Agreement and Affordable Housing Deed Rider in the deed from HHA to HECH regarding Factory Road. This report should be made available for Town Meeting. Bob reiterated that these units can be turned over to the Housing Authority at any time they believe they can carry the mortgages, which mature in 2027.

Ambulance Billing
Deputy Chief Flynn wrote the attached memo in which the Town can bill and receive a $200 payment from some private carriers (not Medicaid or Medicare) for a third attendant. See attached motion if you wish to receive payment for this extra service.

DCR / Bourne Consulting
John Chatham and I attended a conference at the Barnstable District Court on April 26, 2007 with DCR and their consultant, Bourne Engineering to develop an inventory of coastal structures, permits, conditions and dredging schedules. This will require a lot of work over the next six months to assemble.

Chairman Wilkins requested that Mr. Merriam respond to the recent letter from the Town of Dennis and have a conversation with the Dennis Town Administrator as well.

ACTION ITEMS

A.      Ten Year Chapter 90 Contract

Mr. McManus moved to approve signing the Ten Year Chapter 90 Contract as recommended by our Director of Highways.  Mr. Marsland seconded the motion.  Mr. Merriam recommended that the Board approve signing the contract and the motion carried by a unanimous vote.

B.      Guidelines for Caleb Chase Fund

The Board discussed the guidelines to the Caleb Chase Fund and made minor changes which were noted by Mr. Merriam.  Mr. McManus moved to adopt the guidelines for the Caleb Chase Fund as amended.  Mr. Marsland seconded the motion.  Mr. Cole requested that the document be sent to Town Counsel to review.  The motion carried by a unanimous vote.

C.      Request by Pleasant Bay Alliance to support and review modifications to existing Memorandum of Agreement

Carole Ridley distributed a revised Memorandum of Agreement between Harwich, Orleans, and Chatham which provided inclusion for the Town of Brewster.  She explained that Brewster has an article on their warrant to enter into an agreement to join the Alliance.  Mr. McManus moved to approve the Memorandum of Agreement as amended to include the Town of Brewster as a member.  Mr. Marsland seconded the motion.  Ms. Ridley pointed out that it has not yet been voted by Brewster Town Meeting.  The motion carried by a unanimous vote.

D.      Appoint designee to serve on Cape Cod Regional Solid Waste Contract Committee

Mr. McManus moved to appoint the Town Administrator to the Cape Cod Regional Solid Waste Contract Committee.   Mr. Cole seconded the motion.  The motion carried by a 4-1-0 vote with Mr. Piekarski in opposition.

E.      Assign Warrant Articles

Chairman Wilkins reviewed the warrant article assignments with the Board, the Town Administrator and Town Accountant.

F.      Votes on Warrant Articles

Mr. Piekarski moved to Indefinitely Postpone the Downey Property article.  Mr. Marsland seconded the motion.  The Board agreed that more information was needed on this item.  The motion carried by a unanimous vote.

Mr. Piekarski moved to approve the article on the Demographic Study.  Mr. McManus seconded the motion.  The motion carried by a 4-1-0 vote with Mr. Marsland in opposition.

Mr. McManus moved to vote positively on the Zoning By-Law Articles 15-19.  Mr. Piekarski seconded the motion and the motion carried by a unanimous vote.

Mr. Piekarski moved to approve Article 4 in the Special Town Meeting, Police Superior Officers.  Mr. McManus seconded the motion and the motion carried by a unanimous vote.

Mr. Piekarski moved to amend Mr. McManus’ motion on the By-Laws to include Article 20.  Mr. McManus seconded the motion and the motion carried by a unanimous vote.

ADJOURNMENT

Mr. McManus moved to adjourn the meeting at 10:15 p.m.

Respectfully submitted,

Ann Steidel
Recording Secretary