Town of Harwich Massachusetts - Minutes

SELECTMEN’S MEETING

GRIFFIN ROOM, TOWN HALL

MONDAY, JULY 9, 2007

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

OTHERS PRESENT: Town Administrator James Merriam, Chief Flynn, Lt. Gagnon, Anita Doucette, Bill Doherty, Barbara Yamamoto, Ann Kelly, Louise Mihovan, Juell Buckwold, Paula West, Dot Hemmings, Richard Waystack, Bruce Nightingale, Peter Luddy, 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 discussed property issues and contract negotiations.

At Chairman Wilkins’ request, Chief Flynn cautioned the public on summer safety hazards including grills and fireworks and Lt. Gagnon asked that the public be conscious of the local speed limits. Chairman Wilkins encouraged all to drive slowly and enjoy their holiday. Peter Luddy pointed out that cyclists are required to dismount their bicycles at crossings.

A. Minutes – June 11, 2007

B. Request to amend one-day license for Cape Cod Classics to include live music

C. Approve new Taxi/Limo license for James R. LaFlamme d/b/a Jim’s Taxi & Limo

D. Approve new Junk Dealers license for Old Square Exchange

E. Approve renewal of Weekday Entertainment License for Bishop’s Terrace

F. Approve renewal of Common Victualler License for Coachman Motor Inn

G. Requests for assistance from the Caleb Chase Fund (3)

H. Accept gift of new batting cage including materials and labor from the Harwich High School Varsity Softball Team

I. Appoint new members to the Treasure Chest Volunteer Committee

Mr. Cole requested to pull Item G3 from the Consent Agenda. Mr. McManus moved to approve the Consent Agenda and the recommended actions thereon except for the third request under Item G. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

Mr. Cole pointed out that the Caleb Chase request includes a bill from Verizon for which more than half of it is not for basic phone service and he questioned whether they should be supporting non-essential items. Mr. McManus noted that the policy states that the fund is for energy usage. Mr. McManus moved to pay an amount of $401.93 to Keyspan on behalf of the client. Mr. Cole seconded the motion. Mr. Marsland stated that he believes the policy indicates that the fund is for utilities and Mr. McManus responded that these types of requests have always been denied. The motion carried by a unanimous vote. Chairman Wilkins requested that staff be informed that the fund is for energy needs.

A. Presentation of Certificate of Appreciation to Ann Kelly upon her retirement as Registrar

Anita Doucette, Town Clerk, thanked Mrs. Kelly for her 15 years of dedicated service on the Board of Registrars. Chairman Wilkins presented Mrs. Kelly with a Certificate of Appreciation from the Board and thanked her for her willingness to serve.

TOWN ADMINISTRATOR’S REPORT

Mr. Merriam delivered the following report to the Board:

Delinquent Tax Cases

As a follow –up to our last meeting with Attorney Ford, please find the attached list of top 10 delinquent tax cases to be filed in Land Court.

Attached is a June 27^th memo which addresses the Legislature’s action on the GIC health insurance passing both the House and Senate. Sarah informed me that the 70% requirement for municipal unions / retirees vote was retained in the bill. She provided a spreadsheet which reflects the percent increases over the last 5 years of our plans to those under the GIC. She also provided a separate spreadsheet which shows the underperformance of Barnstable County’s pension fund (7.83%) and why she supports transferring the assets to PRIT, where the State’s earnings were much higher (10.51%).

Attached is a listing of projects from Joe Borgesi in various stages of completion for your information. I requested the Community Center Storm Shutter bid in hand to move as soon as FEMA provides final approval. We also want to accelerate the HVAC engineering study prior to the heating season.

Disposal of vehicles

Attached is a description of three vehicles for your consideration. Two are scheduled for trade-in and one disposed of.

The Board agreed to take up this item under Action Items.

Cape Cod League / Fox 25

Jeff Carter has received a request by Fox 25 and the Cape Cod League to land a helicopter on Jimmy McPhee field (see details on date and purpose) and is seeking our permission. Both Chiefs have concurred but Geoff Larsen has cited the Zoning By-laws, Section V use regulations that except for emergency purposes an… Airport, landing strip and helicopter pad are prohibited uses in all zoning districts…” which addresses repeated rather than one time uses.

Mr. Cole asked what the needs would be as far as Police and Fire details and who would pay for them. Mr. Merriam said he would look into it. The Board agreed to take up this item under Action Items.

Staff Counsel Jessica Wirlgus has drafted a question regarding joint review that Margo Fenn raised at our last meeting. Do you wish to pursue an MOU?

Chairman Wilkins stated that this should be an agenda item and he would like a response from the Planning Board and Zoning Board of Appeals.

Lower Electric rates

Maggie Downey is reporting that our new municipal electric rate is 10.99 cents / kwh, from 11.301 currently.

A meeting was held at the Old Rec/ new Cultural Center on June 28^th to discuss strategies with Jason Schupbach from the Mass Cultural Council and Richard Graf, a development advisor. There was a good debate about how best to fund the cultural centers, including West Harwich School.

Town Hall improvements

Elizabeth Hude initiated a request through my office for some second floor re-arranging for visual displays of materials as well as to construct an outdoor patio for employee eating on the easterly side where the generator is being installed.

ASCAP from Atlanta is invoicing the Town to secure copyrighted music. See invoice and Chief Flynn’s memo.

Chairman Wilkins requested that Mr. Merriam ask the Library Director get involved in researching this as well as contact Bob Read of the Harwich Port Merchants Association. Mr. Marsland said he would like to know what other towns are doing and what Town Counsel’s opinion is.

Tom Leach was successful in having the County Dredge remove the pipes off our beaches by June 28^th.

Long Pond Ski Course

Tom Leach has instructed John Domos from Sequattom Road to remove a water ski course he set out on June 30^th at the west end of Long Pond since he did not obtain a permit and Tom considers it a safety hazard. There is litigation originally initiated over a private road between neighbors who are attempting to draw the Town into their disputes.

Workshop on Land Use Mapping

A joint meeting of the Planning Board and Cape Cod Commission will be held on July 10^th at Town Hall (see attachment).

Ann called the DTE regarding their June 5^th letter and was informed that Harwich should initiate the ascertainment process which is to identify future cable needs. DTE normally does not attend a local meeting unless there are outstanding questions after reviewing the DTE website. Jill Mason suggested that we send a response that we’re ready to initiate negotiations.

Community Center Facilities Committee

I met with the Facilities Committee to discuss issues of facility use policies and the need for uniformity vs. flexibility for each building, use fees, cost accounting and fee offsets, mission statements and for profit uses, etc. They would like further dialogue and discussion relative to these public policies.

Secure Our Schools Grant

Lt. Gagnon has provided a request for me to sign a Secure our Schools Federal Grant application on July 12^th with a 50% match. (see attached e-mail).

Assistant Town Administrator

I am pleased to report that I have offered and Nanette Balmer has accepted the position of Assistant Town Administrator. Her starting date is approximately July 25^th and her starting salary will be $60,000. Attached is a copy of her resume. She is currently serving as the Office Manager in the Selectmen/Administrator’s Office for the Town of Orleans as the Office Manager in the Selectmen/Administrator’s Office for the Town of Orleans. She has over 10 years of municipal management experience in the State of Pennsylvania as well as B.S. in Community Development from Penn State and an MPA from Kutztown University. I wish to publicly thank the Screening Committee of Robin Wilkins, Anita Doucette, David Scannell and David Ryan for assisting me with this important decision.

Commonwealth Capital

Governor Patrick has sent to every community the FY 08 Commonwealth Capital Application for receiving points for promoting livable communities, permitting compact development, expanding housing opportunities, redeveloping sites, expanding transportation and promoting sustainable development. Sue Leven advised that Harwich received a very high point grade last year, one of the highest on the Cape. A copy of the application is in your correspondence.

Reporter George Brennan

George requested information on FY 06 mileage reimbursements, and Dave Ryan produced the attached report which has been forwarded to George.

I have been informed that Harwich has been selected to receive a Marine Oil Spill Response Trailer from DEP. Attached is a copy of a memo from Stephen Mahoney from DEP which explains the program. DEP is requesting the Town to execute a contract for custody and use. Chief Flynn and I recommend that we approve this contract and take custody of the trailer.

The Board agreed to take up the issue of the Oil Spill Trailer under Action Items.

A. Letter from Elizabeth Dubuque regarding dirt bikes and ATV activity in Hawksnest

Elizabeth Dubuque explained that there has been a huge increase in dirt bike and ATV activity in the Hawksnest area where she lives and keeps horses. She stated that the noise is very loud and she described incidents in which these vehicles frightened her horses. She added that they have made the area into a racetrack making the footpaths so wide that cars can pass through them. She suggested that signs be posted indicating that this activity is prohibited as well as putting out notices through the schools and in the newspapers. Other residents of the area corroborated the information provided by Ms. Dubuque and requested regulation of ATV activity as well as a management plan for the area. Chairman Wilkins pointed out that Town Meeting recently approved the development of a management plan for conservation areas and they are discussing how best to proceed. Lt. Gagnon explained that the Police Department recently acquired a second ATV and have two officers going for training in its use. He stated that he had contacted the Environmental Police who agreed to assist them in responding to these calls. Lt. Gagnon also offered to meet with the residents. He noted that if they put up signs in the area the signs will be taken down and he suggested putting up barriers on the paths. He added they he would speak with Yarmouth officials to find out how they resolved the issue. Ray Jefferson of the By-Law Charter Review Commission stated that there is nothing in the by-laws to prohibit this activity and a by-law is needed to assist in enforcement. Bruce Nightingale of the Planning Board agreed that his Board would revisit this issue. Chairman Wilkins thanked the residents for bringing this to the Board’s attention.

B. Vote to create gift account for Agricultural Commission for Farm Fest

At the Town Accountant’s recommendation, Mr. McManus moved to request the Town Accountant and Town Treasurer take whatever steps are necessary to create a gift account for the Agricultural Commission. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

C. Request by Chamber of Commerce for new signage at Exit 11 of Route 6

Richard Waystack explained the request that the Board of Selectmen petition the Massachusetts Highway Department for new signage at Exit 11 on Route 6 to reference East Harwich. At Mr. Merriam’s recommendation, Mr. Piekarski moved approval of Mr. Waystack’s request and Mr. Marsland seconded the motion. Mr. McManus requested that the letter be signed by the entire Board. He added that the Roadside Services sign should direct vehicles to Exit 10 instead of Exit 9. Mr. Cole added that there is a sign on the eastbound side of Route 6 that indicates Yarmouth, Dennis and Orleans but omits Harwich. The motion carried by a unanimous vote.

D. Request by Town Administrator for second floor improvements at Town Hall

Elizabeth Hude described proposed improvements for improvements to the second floor of Town Hall in an effort to assist the public with the permitting process. Chairman Wilkins stated that this is under the purview of the Town Administrator and would be inappropriate for the Board to vote on. Mr. Waystack offered to assist in linking the Chamber of Commerce and Town websites. The Board took no action on this item.

E. Approve Requests for Budget Transfers and authorize Chair to sign

Mr. Cole moved to approve the Budget Transfer requests from the Town Accountant and Town Administrator. Mr. Piekarski seconded the motion and the motion carried by a unanimous vote.

F. Disposal of Vehicles

Mr. Cole moved to approve the disposal of the vehicles as described in the memorandum from the Town Administrator dated June 28, 2007. Mr. Piekarski seconded the motion and the motion carried by a unanimous vote.

G. Helicopter Landing

Mr. Marsland moved to deny the helicopter landing based on public safety issues at the location. Mr. Piekarski seconded the motion for discussion. Mr. Marsland stressed that this is an area that is not secure enough and will take a lot of personnel to secure for landing and takeoff. Chief Flynn agreed with Mr. Marsland but added that he was not familiar with the FAA rules or Town by-laws. Mr. McManus stated that if the site can meet FAA regulations and the promoters are willing to provide personnel to watch and warn when this is taking place then this is one of the things we can do to support the league. Chief Flynn pointed out that when they have a Med Flight they have to secure a fire truck and police cruiser. Mr. Cole suggested that they defer this item until they get more information on FAA regulations, our liability and what personnel would be required. Mr. Piekarski stated that he does not see the need for a helicopter landing for a public relations stunt and he added that a car or truck can be used instead. Mr. Marsland stated that we do have a by-law that prohibits this and Mr. McManus pointed out that this is just a one time event. Chairman Wilkins agreed with Mr. Cole that more information is needed. Chief Flynn agreed to contact the FAA as well as get together with Lt. Gagnon to come up with a report. Mr. Marsland withdrew his motion. Mr. Cole moved to table this item until the July 23^rd meeting. Mr. McManus seconded the motion and the motion carried by a 3-2-0 vote with Mr. Marsland and Mr. Piekarski in opposition.

H. Oil Spill Trailer

Mr. Merriam explained that Harwich has been selected to receive a Marine Oil Spill Response Trailer from DEP and that DEP is requesting the Town to execute a contract for custody and use. He stated that he and Chief Flynn recommend that we approve this contract and take custody of the trailer. Mr. Marsland questioned whether there are funds available for training and Chief Flynn responded that he is waiting for an answer on that and pursuing whether there are funds available for the training as they don’t have the money in the budget to train everyone. Mr. McManus moved to execute a contract for the custody and use of a Marine Oil Spill Response Trailer and ask the Fire Chief to continue to pursue any training funds to minimize the impact. Mr. Cole seconded the motion. Mr. Piekarski stressed that we need to know what the training is going to cost and who is going to pay for it. Chief Flynn pointed out that the department has already used some of the equipment in the trailer and are familiar with it. Mr. Piekarski stated that since this is not time sensitive we should get the answers first. Mr. Merriam suggested that the Board move to accept the trailer conditional on State funding for training. Mr. McManus agreed to amend his motion as such and Mr. Cole concurred. The motion carried by a unanimous vote.

DISCUSSION ITEMS

A. Presentation of easement request by Atty. George Cavanaugh

Atty. George Cavanaugh outlined the easement request as outlined in his letter of June 27, 2007 for his client Vincent DeGiacomo of 9 Ripple Way and he took questions from the Board. Mr. Merriam noted that this would require Town Meeting approval. Mr. McManus stated that the easement could be conditioned on the continuing existence of the garage. Mr. Marsland moved to grant the easement to Mr. DeGiacomo to allow the garage to remain in its present location with the stipulated terms that will be worked out for the present use of the garage and to authorize Town Counsel to prepare the necessary documents to go to Town Meeting at the expense of Mr. DeGiacomo. Mr. Cole seconded the motion and the motion carried by a unanimous vote.

B. Old Fire Station property on Bank Street

Mr. McManus moved to table until the next meeting. Mr. Cole seconded the motion. Chairman Wilkins asked that the Conservation Agent be present at that time and that Harry McCafferty be notified as well. The motion carried by a unanimous vote.

SELECTMEN’S REPORT

Mr. Marsland suggested that the Board consider making changes at the Queen Anne Road and Route 137 intersection due to traffic backups. He noted that Mr. Hooper is researching if there have ever been traffic studies at that location and recommended that this be put on an agenda when the data comes in. Mr. Marsland also remarked that traffic has been backed up on to the highway at Exit 11 and suggested possible signalization there. He stated that he would bring it up to the Traffic Safety Committee. Mr. McManus pointed out that this will require coordination with Chatham.

At 9:40 p.m., Mr. McManus moved to adjourn to Executive Session. Mr. Piekarski seconded the motion and the motion carried by a unanimous vote.

Respectfully submitted,