Town of Harwich Massachusetts - Minutes

SELECTMEN’S MEETING

GRIFFIN ROOM, TOWN HALL

MONDAY, JUNE 25, 2007

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

OTHERS PRESENT: Town Administrator James Merriam, David Ryan, Lincoln Hooper, Michael Ford, Gerry Loftus, Susan Brauner, Geoffrey Wiegman, Colleen Springer, Barbara Yamamoto, Leo Cakounes, Barry Worth, Margo Fenn, and others.

MEETING CALLED TO ORDER at 7:05 p.m. by Chairman Wilkins.

Chairman Wilkins reported that the Board had just come out of Executive Session for the purpose of contract negotiations. He then called for a moment of silence in memory of former Selectman and long-term volunteer for the Town, Barry Hemeon.

No one appeared before the Board.

PUBLIC INFORMATION

Gerry Loftus, Housing Committee member, made reference to concerns of Housing Committee members regarding being reprimanded for having a meeting with the Country Meadows Complex to discuss the right of way which he said was coordinated with the Town Administrator and Board of Selectmen, as well as attempts by the liaison to limit public participation in the RFP process and the Board of Selectmen’s liaison’s direct contact with the architect without involving the committees. He asked what the role of the liaison is to the Recreation Building/West Harwich School project. Chairman Wilkins commented that each Selectman has a different style of serving as liaison and some engage more than others. He welcomed Mr. Loftus to more specifically put his claims in writing and meet with the liaison, Town Administrator and other concerned parties to discuss these concerns. He recommended that the date of meeting be coordinated through the Town Administrator’s Office not later than two weeks from today.

Geoffrey Wiegman thanked the Board for authorizing the audit of the purchasing system for both the Town and School and said he hopes that it will encompass the assurance that all legal requirements have been met as well. He stressed the need for School Committee meetings to be televised and questioned why that had not been done. Chairman Wilkins responded that he believed the School Committee would welcome a conversation with Mr. Wiegman in finding a means to accomplish a greater public awareness of what they’re doing.

Colleen Springer, Agricultural Committee member, explained that the Committee has been accepting donations for the Farm Fest and asked the Board to accept $725 as a gift to the Agricultural Commission to be used toward expenditures for the Farm Fest to be held the week of August 14-19, 2007. Mr. Ryan stated that they will put it before the Board to create a gift fund for this purpose with a requirement that three Board members sign all bills along with the Committee.

1. May 29, 2007 – Regular Session

2. June 4, 2007 – Regular Meeting

3. June 11, 2007 – Executive Session

B. Approve Caleb Chase Request

C. Approve Cape Cod Auxiliary Fund Raiser

D. Committee member re-appointments – Board’s Interview Committee recommendation

E. Approve and sign Human Services Grant applications

Mr. McManus moved approval of the Consent Agenda and the recommended actions thereon. Mr. Cole seconded the motion and commented that the minutes had reminded him that they are waiting for Mr. Merriam to schedule a work session and he hopes it will be scheduled in the near future. The motion carried by a unanimous vote.

A. David Shedd of VHB – Queen Anne Road / Rte. 124 signalization project

David Shedd of VHB, consulting firm doing design for the signalization project, provided a presentation of proposed improvements as well as a schedule for this project to improve capacity and safety of the intersection. He took questions from the Board. Mr. Marsland stressed that this should be an esthetically pleasing configuration as it is one of the main routes into Town.

TOWN ADMINISTRATOR’S REPORT

Mr. Merriam delivered the following report to the Board:

Congratulations to the High School Division 3 Baseball State Champions and their retiring Coach Fred Thacher. Prior to the Mariners game on Sunday, June 24^th at 5:15 pm, there will be a ceremony to recognize this outstanding achievement.

Cranberry Valley Golf Course

Director of Golf Dennis Hoye has announced that Cranberry Valley Golf Course has received the prestigious Zagat rating which is better known for restaurant ratings as a designation of excellence. The driving range poles were set on Sunday and netting is scheduled in two weeks. The contractor to remove the fuel tank will return his contract next week with his performance bond.

Tax Title- Foreclosure

As previously reported to you, Dave Scannell, Dolly Parkhurst, (Paul Widegren only briefly at the beginning of the meeting) and I met with Mike Ford to review the list of owner’s unknown and tax title account. Attached is the list of parcels identified with the intent of applying the funds from the closed out Land Bank Fund. The list is under action items for your approval. In the future, this account should be funded annually within the Treasurer’s budget.

Architect Kaestle Boos has selected BSS to perform their land survey work, which includes the Middle School area for potentially sharing wastewater treatment. I spoke to Ray Jefferson about the joint dispatch issue and whether the architect recommends the Fire Training room or new construction. Tom Gagnon has identified a State Executive Office of Public Safety grant for financing the repair, renovation and construction of municipal police stations. Attached are grant conditions including funding in place by November 15^th. The grant maximum statewide is $2,000,000, so any one award will be small. Our $500,000 in design monies may meet this grant condition.

Emergency Preparedness Guide

Enclosed is the new guide for Persons with Disabilities. It was prepared by the Disability Rights Committee in cooperation with Barbara Anne Foley and Lee Culver.

Link Hooper received written confirmation from District Engineer Bernard McCourt that the contractor will suspend work on June 30^th and finish work in the fall of 2007.

I attended a meeting of Cape Managers at Falmouth Town Hall on June 14^th to discuss developing a joint RFP through the County Purchasing to hire a Cable Attorney to renegotiate our licenses. Heather Harper from Falmouth will prepare a memo summarizing our efforts. We will seek a template of uniform terms. We also discussed local programming and shared programs through interconnectedness or having County/Cape news.

Ms. Margo Fenn, outgoing Executive Director of the Cape Cod Commission also attended our Cape Managers meeting and handed out a memo entitled “Joint Review Process with the Cape Cod Commission and Towns.”

Chairman Wilkins requested that this item be put on a future agenda.

As per your request, please find attached a copy of Harwich’s Home Rule Charter, Chapter 4 The Town Administrator, section 3 Duties, subsection (i) Be responsible for the purchasing of services, supplies, materials and equipment for all town divisions, departments and offices excepting those for the school department, water department and Brooks Free Library.

Sale of Declared Surplus Equipment

Town Meeting authorized the purchase of three new police vehicles within the FY 08 Police Operating Budget. With the purchase, the Town needs to declare a corresponding number of vehicles as surplus and dispose of them. In the absence of a specific town meeting vote, please vote to declare the following vehicles as surplus for disposal:

Cedar Spring Herb Farm

On June 16^th, I attended a dedication of a new trail to the Harwich Conservation Trust by Brad and Donna Wood Eaton.

Harbormaster Tom Leach took me on the Commander to observe the County Dredge operating up close in Saquaucket Harbor and pumping sand back onto the Seymour property.

Attached is the proposed schedule of meetings with boards, committees and commissions from September through December.

Happy Fiscal New Year

I have offered to tend the grill for Town Hall employees to celebrate the new year (on loan from the Fire Dept.) to cook burgers and hot dogs during our Monday night 6 pm dinner hour out behind Town Hall. Each of you is invited and welcome to attend. Please let Donna Molino know if you can attend.

Ralph Guida property

Mike Ford has requested that he stop by on Monday night’s agenda with the acquisition paperwork for you to sign. Attached is a map locating this 5 acre parcel off Azalea Drive abutting other town owned parcels as well as the Assessor’s parcel card.

Cape Cod Emergency Traffic Plan

Deputy Chief Bill Flynn and I attended a MEMA sponsored meeting at the Mass Maritime Academy on June 20^th. The State Police have updated their plan and it is attached for your review. On the positive side, the State Police plan to have Mass Highway install signage this July for Evacuation Routes and Emergency Shelters. They advocate for traffic through the MMR and Route 44 in Phase 1 to expedite traffic. Phase 2 starts when winds hit 70 mph and the two bridges are closed as well as exit 2 and Rt 28 at the Otis rotary and Scenic and Cranberry Highways.

The flaw is that the State Police refuse to add contra lanes to the two bridges to increase the off Cape capacity. Since storms off the Outer Banks can catch the jet stream and arrive within 6-8 hours, there is little time to move traffic off Cape. Emergency shelters will be the primary means of riding out a storm. There is no national mandatory evacuation requirement.

Bill and I spoke to Region 2 Manager Bob Nadeau and to the National Weather Service representative from Taunton.

Waterways Commission

Dave Ryan and I were invited to attend the Waterways Commission meeting to discuss revenues and expenses. It was agreed that we’d start some workshops to inventory our assets and develop a capital plan. With deferred maintenance, the Commission would like to develop an ambitious replacement schedule.

The Youth and Recreation Committee has formed a sub committee to work on grant agreements for the Aid to Programs as per Town Counsel’s opinion. Earle Road Beach opened on June 19^th, with a boardwalk and tree planting for the 24^th. Lifeguard staffing at 6 beaches starts Saturday June 23^rd and the Summer Recreation programs start June 25^th. The bocci court is scheduled to open at Brooks Park on Monday, June 26^th. Tennis Court reconstruction is scheduled to commence during the third week of August and the courts will be closed for 8-10 weeks. Community Center basketball courts will be closed during the fourth week of August for upgrading those hand cranks. The two new pieces of exercise equipment are expected to arrive in the first week of July. Carpeting is scheduled for early September. Carolyn Carey has requested an application from the Immigration and Naturalization Service to issue passports at the Community Center. When the INS application form arrives, she will seek your approval to file. Currently there are no competing sites, it would be a convenience to our residents and the Town could realize approximately $30 per passport.

Municipal Partnership Act

Attached is a Boston Globe editorial dated June 20^th which articulates well the plight of municipalities funding shortages.

Harwich Public Commons

Attached is a report entitled “Conceptual Development Plan for Harwich Public Commons” which was discussed at the June 19^th Conservation Commission meeting with the Agricultural Commission. The concept is directed toward the Texeira property which consists of 16.6 acres on Queen Anne Road.

Old Fire Station –Bank Street

Included in your correspondence is a 12-7-06 report from John Chatham which delineates the wetlands and what land is buildable. A map is included.

Mr. Cole requested that this item be put on a future agenda and the abutters should be notified when it comes up for discussion.

Cultural Center / West Harwich School

A meeting was held on June 21, 2007 with Architect Lynn Spencer and the Historical Commission, Cultural Council and Housing Committee. The agenda focused upon site layout between existing and proposed buildings as well as parking and pedestrian access. A consensus is forming on each site which is depicted on plans which are available in your correspondence.

The Board agreed that a presentation from the architect would be appropriate at this time.

Brewster Town Administrator Charlie Sumner has advised me that in order to address the State Grant condition that the monies must be expended prior to June 30^th, has decided to purchase the chemical alum from ENSR now. Brewster’s Conservation Commission has issued its Order of Conditions and the appeal period has expired without an appeal, so he feels that the project will proceed.

A. Approve contract for Legal Advertising

Mr. Merriam explained that the RFP was outdated as it included a price for typesetting which we no longer use and recommended that the contract be awarded to the Cape Cod Chronicle for FY08 to FY10. Mr. McManus moved to award the contract for legal advertising for FY08 to FY10 to the Cape Cod Chronicle. Mr. Marsland seconded the motion. Mr. Piekarski asked if this should be re-bid and Mr. Merriam advised that the Board can award the contract for the legal per column inch price as each bidder had the opportunity to bid on that item separately. Mr. Galvin of the Cape Cod Chronicle pointed out that the Town has not incurred any typesetting costs over the past three years. The motion carried by a unanimous vote.

B. Vote to sign Barnstable County Dredge Agreements

Mr. Merriam recommended that the Board sign the agreements. Mr. McManus moved to authorize the Chairman of the Board of Selectmen to sign the agreement with Barnstable County regarding dredging of Allen and Saquatucket Harbors. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

C. Authorize Chairman to sign Ora Gaylord Arooth bequest

Mr. Marsland moved to authorize the Chairman to sign the letter signifying receipt of the monetary distribution made in memory of Joseph Arooth and Ora Gaylord Arooth. Mr. Cole seconded the motion. Mr. McManus explained that he has a family member who works for the attorney involved in this matter and therefore would be recusing himself on this item. At Mr. Piekarski’s request, the motion was amended to include that the gift is to be used for the purpose indicated in the letter. The motion carried by a 4-0-1 vote with Mr. McManus abstaining from the vote.

D. Vote to sign Maintenance Contract Agreement for Streetlights

At Mr. Merriam’s recommendation, Mr. Cole moved to approve the contract. Mr. Marsland seconded the motion. Mr. Cole asked Mr. Worth if he had reviewed it and Mr. Worth responded that he had and added that we have had good performance from Republic Electric and that a written quarterly report requirement had been added to the contract. The motion carried by a unanimous vote.

E. Authorize Chairman to sign Animal Control Officer Warrant

Mr. McManus moved to authorize the Chair to sign the Animal Control Officer Warrant on behalf of the Town. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

F. Tax Title Property List – Michael Ford

Mr. Ford outlined his letter to the Town Administrator of June 13, 2007 (attached) and took questions from the Board. Mr. Piekarski moved to instruct the Town Administrator to proceed in accordance with the June 13, 2007 memo and report back to the Board periodically as to the status of the project with respect to that plan. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

G. Guida Property – Michael Ford

Mr. Ford outlined his letter to the Town Administrator of June 20, 2007 (attached) and recommended that the Board authorize and execute the Order of Taking so we can proceed with the closing. Mr. Piekarski moved Mr. Ford’s recommendation and Mr. Cole seconded the motion. At Mr. Marsland’s request the motion was amended to include that the property is identified as Parcel E1 on the Town Assessors Map 68 and that we authorize the Town to issue a check in the amount of $150,000 payable to Michael D. Ford as Attorney for Town of Harwich. The motion carried by a unanimous vote.

H. Miscellaneous Appointment corrections (from 6/11 agenda)

Mr. McManus moved to rescind the appointment of Tom Gagnon as Deputy Director of Civil Defense. Mr. Cole seconded the motion and the motion carried by a unanimous vote.

Mr. McManus moved to amend the appointment of Norman Clarke to read “Alternate Representative to the Barnstable County Regional Planning Committee.” Mr. Cole seconded the motion and the motion carried by a unanimous vote.

Mr. McManus moved to appoint Lee Culver as Harwich’s representative to the Barnstable County Regional Planning Committee. Mr. Cole seconded the motion and the motion carried by a unanimous vote.

I. Common Victualler License for Bishop’s Terrace and Harwich Port Dairy Queen

At Mr. McManus’ request, the Board agreed to add this item to the agenda. Mr. McManus assured the Board that both Bishop’s Terrace and Harwich Port Dairy Queen have applied for a Common Victualler License and have met all the requirements for approval. He moved to grant Common Victualler Licenses to Bishop’s Terrace and Harwich Port Dairy Queen. Mr. Marsland seconded the motion. Mr. Piekarski stressed that the applicants need to be made aware of the timeline to get on the Board’s agenda and noted that they dealt with this same last minute situation with one of the applicants last year. At Mr. Piekarski’s request, Mr. McManus agreed to amend his motion to state “subject to the Town Administrator verifying that all departments have signed off.” The motion carried by a unanimous vote.

DISCUSSION ITEMS

A. Community Center Facilities Committee – new policies for the Community Center

Pam Groswald explained that their Committee has a request from a for-profit group, a semi-pro basketball team, to use the Community Center on a weekly basis. She pointed out that this goes against the policy and questioned if the Board would be willing to allow this. She also noted that the Committee has many requests from Harwich residents to use the building as well. She stated that some groups are opting to go to the former Recreation Building or West Harwich School House where there is no fee and asked how they should deal with this.

Ms. Groswald asked the Board if they want the Committee to look into accepting a fee in exchange for the use of the building by a for-profit group. She also asked how to deal with charging for rooms when two other building are not charging as well as if they should increase the size of their Committee as they have had problems reaching a quorum.

Mr. McManus requested a list of groups who are moving from the Community Center to the other buildings from the Community Center Director. Mr. Piekarski stressed that a conversation should take place between the Community Center Director and Town Administrator as to what they believe is in the best interest of the Community Center and get back to both the Board and the Facilities Committee and Mr. Marsland agreed. Mr. McManus stated that there is a policy that the Board needs to give guidance on, not the staff. Mr. Cakounes and Mr. Waystack advocated for scheduling an agenda item for a Buildings Use Policy. Chairman Wilkins agreed that there is a need for a policy and if we aren’t prepared to give the for-profit group an answer then the answer is no. Mr. McManus discouraged a one size fits all policy and added that it should be particular to the different facilities. Chairman Wilkins stated to Ms. Groswald that the Board would respond to her inquiries.

B. Agricultural Land Release

Mr. McManus moved to exercise our right of first refusal on the property described in the report and letter from Stone and Reid dated June 7, 2007 written on behalf of Beverly and Raymond Thacher. Mr. Marsland seconded the motion and the motion carried by a unanimous vote. The property described in the letter is shown on Assessor’s Sheet 38, Lot G-3.

C. Briefing from Margo Fenn on Cape Cod Commission’s progress in implementing recommendations of 21^st Century Task Force

Ms. Fenn gave a brief update on the work being done to follow through on the recommendations of the 21^st Century Task Force and provided the attached recommendations for changes to improve their operation. The Board thanked Ms. Fenn for all the work she has done on behalf of Cape Cod.

D. Consider request to meet with Municipal Liaison from Dept. of Telecommunications and Cable regarding Cable license renewal

The Board agreed to invite the Municipal Liaison in to discuss the Cable license renewal.

SELECTMEN’S REPORT

Mr. Marsland stated that he hopes the workshop that had been requested with the Town Administrator is in the near future.

The Board discussed whether to pay the bill for mulch for the Community Center from S.J. Exco and it was agreed that the decision to pay is under the Town Administrator’s purview.

Mr. Piekarski requested to discuss health insurance for elected officials and Mr. Cole agreed that it should be on an upcoming agenda. Mr. Cakounes pointed out that health insurance for paid elected officials requires a Charter change and Town Meeting vote.

Mr. McManus moved to adjourn the meeting at 10:29 p.m. Mr. Piekarski seconded the motion and the motion carried by a unanimous vote.

Respectfully submitted,