Town of Harwich Massachusetts - Minutes

SELECTMEN’S MEETING

GRIFFIN ROOM, TOWN HALL

MONDAY, JULY 23, 2007

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

OTHERS PRESENT: Town Administrator James Merriam, Chief Flynn, John Chatham, Tom Leach, Carolyn Cragin, Gary Costin, Harry McCafferty, Gerry Loftus, Frank Sampson, Larry Ballantine, 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 collective bargaining issues.

No one appeared before the Board.

PUBLIC INFORMATION

No one appeared before the Board.

1. June 25, 2007 Regular Session

2. June 25, 2007 Executive Session

3. July 9, 2007 Executive Session

B. Accept resignation of Miriam Kender-Reis from the Council on Aging

C. Appoint Election Workers

D. Approve request of Recreation & Youth Commission to release funds from Gift Account for payment for the Bachand Memorial Bench

E. Approve Human Services Grant for Cape Cod Human Services, Inc.

F. Accept gifts to Conservation Commission and send letters of thanks

G. Appoint new member to Treasure Chest

Mr. Cole requested to pull Item A1 from the Consent Agenda. Mr. McManus moved to approve the Consent Agenda and the recommended actions thereon with the exception of Item A1. Mr. Marsland seconded the motion and the motion carried by a unanimous vote. Mr. Cole stated that the minutes should note that Mr. Hemeon was a former Selectman and he moved to approve the minutes of June 25, 2007 with that amendment. Mr. Piekarski seconded the motion and the motion carried by a unanimous vote.

PRESENTATIONS (7:15 p.m.)

A. Old Fire Station property on Bank Street (John Chatham)

Mr. Chatham explained that the property was delineated at the request of the Interim Town Administrator and the work was done by a consultant. He presented a map of the location and described each parcel as outlined in his report to the Board of December 7, 2006. He suggested that the Board order a Request for Determination of Applicability. Mr. Chatham took questions from the Board. Mr. Leach cautioned that if this area were to be developed the load would have an impact downstream on Saquatucket Harbor which had been closed to shellfishing for years and he added that he has worked hard with the Division of Marine Fisheries to re-open it. At Mr. Chatham’s recommendation, Mr. McManus moved to request the Town Engineer fill out the necessary paperwork to file a Request for Determination with the Conservation Commission on this property. Mr. Marsland seconded the motion. Chairman Wilkins asked that Mr. McCafferty’s correspondence with the Board in this matter be included with the documentation when it goes to the Conservation Commission. Michael Lach of the Harwich Conservation Trust explained that the Trust acquired the Bank Street bogs immediately south and adjacent to the subject property for wildlife habitat and water quality protection and they hope to include it as part of their vernal pool identification project. Mr. McManus urged that this matter should go to conclusion and he noted that the study does not specify a plan. Harry McCafferty of Gorham Road said the purpose of the study was to determine if there are wetlands on this property and evidence supports that there are. He stated that based on reasonable judgment we shouldn’t go forward. Mr. Cole noted that this is information gathering and reiterated that there is no plan set at this time. The motion carried by a unanimous vote.

B. Menders, Torrey and Spencer update on Cultural Ctr./W. Harwich School projects

Lynn Spencer outlined prospects for development of these buildings noting that there are structural issues that need to be dealt with including rot and deterioration. She presented preferred site plans that her firm developed for the Cultural Center site after working with the various committees involved to preserve the historic character of Harwich Center. Ms. Spencer stated that they are now focusing on the rehabilitation requirement for the historic buildings and beginning to formulate design guidelines for the redevelopment of new buildings. She stated that the next step is to engage a civil engineer to look at the project.

TOWN ADMINISTRATOR’S REPORT

Mr. Merriam delivered the following report:

Included in your correspondence is a copy of the US Dept. of State application including the names and signatures of individuals authorized to accept passport applications and a signed facility commitment form and acceptance facility designation request form. I believe that Carolyn Carey would best serve as facility manager and program contact.

Our new $4,300 solar paneled compactor located at the Bank St. Beach was vandalized and set on fire over the July 14^th-15^th weekend. We’d like to replace it but fear it may be vandalized again. Lincoln has asked the vendor to evaluate any repair costs. It falls under our $5,000 insurance deductible. It replaced 3 trash barrels emptied per day. Is your Board interested in a replacement?

Chairman Wilkins asked that Mr. Hooper work on this with Mr. Merriam. Mr. Marsland indicated that he did not support replacing this item.

McPhee and Potter fields

Highway Supt. Link Hooper informed me that we lost both irrigation pump motors and will cost approximately $5,000 each to replace. These fields serve both Recreation and School Dept. sports. Replacement is scheduled for the week of the 16^th with a crane to lift out these pumps from the well shafts.

Mr. Marsland recommended looking into lightning protection for these pumps.

Robert B. Our Co. has expressed interest in approximately 100 granite blocks for a Wellfleet town project of his. These blocks have been stockpiled at the landfill from a former bridge abutment. The blocks have been on site for over 18 years without a municipal use. In fact they were slated for burial within the landfill and retrieved by Link. He has tried to sell in the past with no bids received. If the Board would vote to declare the granite blocks as surplus and then consider gifting them to the Town of Wellfleet? Chris Our indicated that he would credit the Town of Wellfleet for these donated materials. We could simply ask Town of Wellfleet to acknowledge the gift from the residents of Harwich.

Mr. Marsland stated that he was against the idea of giving the blocks away and added that we may have a need for them in the future which may be at a significant cost. Chairman Wilkins asked Mr. Hooper if he had gone to the Harbormaster to see if he has a need for these blocks and Mr. Hooper indicated that he had not. Mr. McManus stated that he would support gifting the blocks to Wellfleet as we have had them for 20 years and have not found a use for them. Mr. Piekarski stated that this would not get his support. Chairman Wilkins said he would add this item under Action Items.

“The Price of Education” by David Brooke Cost per-pupil lower in Harwich than Chatham, Nauset. Attached is a copy of the AP student report and Supt. Cragin expressed the students desire to present your Board with this report.

“Sunny Meadows was intended for Harwich” by Vincent DeWitt

Cape Cod Regional Solid Waste Contract Committee by Greg Smith of Cape Cod Commission

Cape Cod League / Fox 25

Recreation Director Jeff Carter informed us that the Red Sox sending Wally is separate from the Fox helicopter. So, Chief Flynn proposed that Wally be escorted into the Whitehouse Field on August 3^rd by our Association’s Antique Fire Truck with an open front cab. Thus, the helicopter landing request is now moot.

Nathanial Yard Brown plaque

Paul Brown, whose father Nathanial, built the outer Wychmere Harbor levee in 1939, showed me a plaque in his father’s name attached to a large rock which is sitting on the levee but now is inaccessible because of the new condominium construction. Paul would like to someday relocate this plaque further toward the public beach where it can be seen and appreciated. In providing me with his family history, he mentioned that his mother Fran Merkle donated their family beach to the town.

Mr. Marsland stated that they should try to get the plaque moved for the family and suggested that the Town Administrator can help facilitate that. He also suggested that they contact Dr. Fennell and see if he can help out. The Board indicated that they would be interested in pursuing this.

We are processing the filing fee for 11 tax title accounts- $5,565.00

Our auditor plans to issue a supplemental draft report next week regarding the School Dept. Purchase Orders.

Lee Culver met with a FEMA rep regarding damages from last April’s storm. We can expect reimbursement for Middle School roof damage ($4k) and Fire overtime. The rep is meeting with Tom Leach to review beach erosion and whether any of our dredge costs are reimbursable.

Clarification of action items on agenda

Under action item, please vote to award two HVAC contracts. Joe Borgesi has received quotes from Allied Engineering Services in the fixed fee amount of $8,000 for engineering consulting services and a second quote for $4,000 for a balancing contractor. I would recommend these awards that we proceed with an independent evaluation of our HVAC needs and then have Allied create a bid specification for the required work.

Under action item, DEP responded that they do not have training money. Chief Flynn has proposed that his four Captains receive the training and they in turn will train the remaining members of the department, including the use of a DVD. Chief Flynn estimates this cost to be not higher than $1,248.64.

Assistant Harbormasters

Under action item, Tom Leach has requested cross appointments for Harbor Patrols from Orleans and Chatham’s staff in accord with the Pleasant Bay Management Plan. (See attached list of names for appointments). By statute, these would be three year appointments. Our Harbormaster staff will be appointed as Assistant Harbormasters in Orleans and Chatham.

Jimmy Marceline- compost

I heard last Friday that someone had come to my office (today learned it was Tom West) to question why the Town had been giving away compost material to Jim Marceline to cover his old junk yard. Link Hooper had proposed to me last March that he had surplus compost material and that the Town policy was to give it away to anyone who wanted it without charge. Link also proposed to me that Highway haul it to his site at $85 per hour. I said no to the hauling but did not have an issue with the compost so long as we were consistent in our policy of giving this excess material away. Link thought that I had brought this “gift proposal” to the Board, but I did not because in my mind there was no policy question to ask (Compost material is exempt from Ch.30B, so there is no bid requirement) I said no to the hauling but had no issue with supporting the Town’s practice of giving compost away in any quantity to anyone who wanted it.

Last Friday, I learned that Jimmy Marceline hired Chris Our to haul the compost to his site. Link informed me on Friday that he had authorized Chris Our’s operator to load the material using the Town loader, into Chris Our’s trucks for hauling. Link Hooper had an interview with Bill Galvin, who had been contacted on this subject. Tom West is claiming that this is not compost but valuable loam that has a market value. Chris Our has been hauling for 3 weeks and according to Link, within a day or two of completion. Link informed me this morning that the quantity is approximately 12,000 yards. He believes this is a socially acceptable offer to cap an old junkyard with compost material the town has an excess quantity of.

With regard to using the Town loader, Chairman Wilkins stated that the Board should know its liability in a situation such as this and Mr. Merriam said he has the information and would get it to the Board.

Jeff Carter informed me today that a small independent film company (Viewfinder Productions) would like to film a beach scene at either Pleasant Road or Bank St. on the morning of July 30^th between 7-11am. They believe that they would occupy 15 parking spaces during this period. They will name the Town on their $1 million liability policy. The movie’s name is “Third Date” and will be rated PG-13.

At Mr. Marsland’s suggestion, the Board agreed that the film company be required to purchase parking passes for that day.

Route 137 Transportation Improvement Project

Lincoln Hooper has written the attached letter dated July 17^th to Bernard McCourt at Mass Highway, the request an expansion of scope to include Route 137 signalization at the Route 6 eastbound ramp and at Queen Anne Road and Route 137. This project is scheduled for advertising in 2013.

Friends of Community Center Gift

Peter Anderson has written a letter for your Board to accept a gift totaling $21,000 for a new phone system integration ($5,000) weight room equipment ($8,000) and copier replacement ($9,000). I will add this offer to your next Board agenda for acceptance.

Cultural Center (Old Rec) and West Harwich School

Attached is a draft for your Board’s consideration of a Mission and Charge prepared by Sue Leven for an Executive Committee consisting of the respective Chairs of the Historic Commission, Cultural Council, Housing Committee, Community Preservation Committee and Finance Committee.

A. Authorize Chair to sign Comprehensive Wastewater Management Plan Contract

Mr. Cole moved to authorize the Chair to sign the Comprehensive Waste Water Management Plan contract. Mr. Marsland seconded the motion. Mr. Sampson gave a history of the project. Mr. Merriam recommended that the contract be awarded. The motion carried by a unanimous vote.

B. Authorize Chair to sign Massachusetts School Building Authority Statement of Interest

Selectman McManus entered the following motion:

Resolved: Having convened in an open meeting on July 23, 2007 the Board of Selectmen of the Town of Harwich, in accordance with its charter, by-laws, and ordinances, has voted to authorize the Superintendent of Schools to submit to the Massachusetts School Building Authority the Statement of Interest dated July 18, 2007 for the Harwich High School located at 75 Oak Street, Harwich which describes and explains the following deficiencies and the priority category(s) for which Harwich Public Schools may be invited to apply to the Massachusetts School Building Authority in the future;

Mr. McManus then included in the motion information regarding Priorities 1, 3, 5, and 7 as contained in Pages 14 through 17 of the Statement of Interest dated July 18, 2007 which will be attached and included as part of this motion. Mr. McManus then concluded the motion as follows:

and hereby further specifically acknowledges that by submitting this Statement of Interest, the Massachusetts School Building Authority in no way guarantees the acceptance or the approval of an application, the awarding of a grant or any other funding commitment from the Massachusetts School Building Authority, or commits the City/Town/Regional School District to filing an application for funding with the Massachusetts School Building Authority. Selectmen McManus further moved that the Chairman be authorized to sign the certifications on Page 17 on behalf of the Board of Selectmen and the Town of Harwich.

Selectman Cole seconded the motion. Chairman Wilkins, Selectman Piekarski, and Selectman McManus voted in the affirmative. The motion carried by a unanimous vote of 5-0-0.

C. Authorize Chair to sign Request for Budget Transfers

Mr. Ryan outlined the requests. Mr. Marsland moved to authorize the Chairman to sign the Requests for Budget Transfers as outlined in their packets. Mr. Piekarski seconded the motion and the motion carried by a unanimous vote.

D. Appoint Orleans and Chatham staff as Harwich Assistant Harbormasters for 3 year terms

Mr. McManus moved to appoint Assistant Harbormasters Stuart Smith, Wayne Julin, Lee Tallman, Leo Concannon, James Horne, James Hughes, and John Summers of Chatham and Assistant Harbormasters Dawson Farber, Gardner Jamieson, and Greg Normandy of Orleans to serve as cross appointments as Harwich Assistant Harbormasters for a term of three years. Mr. Cole seconded the motion. Mr. Merriam recommended approval. The motion carried by a unanimous vote.

E. Award contract to Allied Consulting Engineering for HVAC/heating system at Town Hall

Mr. Merriam asked to table this item for two weeks. Mr. Marsland stated that Mr. McManus had indicated that some companies might come in and do an analysis and then we could possibly lease their equipment and Mr. Merriam responded that he is looking for a more global approach looking at the entire electrical system. Mr. Marsland said he would think one of those companies would look at all the details. Chairman Wilkins asked that Mr. Merriam specifically address Mr. Marsland’s question when this is brought back. Mr. Cole stated that he would also like to know if firms exist that do analysis to make sure that overall the system works right. Mr. Merriam stated that he does not want to commit up front to a particular brand name. Mr. McManus moved to table the item until two weeks from tonight. Mr. Cole seconded the motion. Mr. Cole stressed that there are now companies that are financing renovations, alterations or modifications that can be paid for by energy savings and we ought to find somebody who approaches things in that way. The motion carried by a unanimous vote.

F. Acceptance of DEP Oil Spill Trailer

Mr. Merriam explained that Chief Flynn is recommending training on this equipment by 4 Captains at approximately $1,200 each who can then train other Fire Department personnel. Mr. Piekarski moved to accept the DEP Oil Spill Trailer. Mr. Cole seconded the motion and the motion carried by a unanimous vote.

G. Award contract for Historic Survey of Buildings in Harwich to Jonathan Hale, Architect for $20,800 plus expenses to be billed separately

At Mr. Merriam’s recommendation, Mr. Piekarski moved to award the contract with a total cost not to exceed $25,000. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

H. Committee Appointments

Mr. McManus moved to appoint Michael Hayes to the Bikeways Committee. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

Mr. McManus moved to appoint Robert Fenney to the Council on Aging for a three year term ending June 30, 2010 and Francois Marin to fill an unexpired term to June 30, 2008. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

Mr. Cole moved to appoint Anita Doucette to the Cultural Council. Mr. McManus seconded the motion and the motion carried by a unanimous vote.

Mr. Cole moved to appoint Timothy Klink to the Planning Board as regular member. Mr. McManus seconded the motion and the motion carried by a unanimous vote.

Mr. Marsland moved to appoint Steven Root to the Waterways Committee to a three year term until June 30, 2010. Mr. McManus seconded the motion and the motion carried by a unanimous vote.

Mr. Marsland moved to appoint Barry Springer to the Traffic Safety Committee to June 30, 2008. Mr. McManus seconded the motion and the motion carried by a 4-1-0 vote with Mr. Piekarski in opposition. Mr. Piekarski reiterated his preference to be informed of the names of all the candidates.

Mr. McManus stated that he and Mr. Cole would like to look into having alternates on the Traffic Safety Committee. Mr. Marsland stated that he is liaison to that Committee and has served on it as well and he sees no need for alternates. Chairman Wilkins stated that if a need arises the Traffic Safety Committee can request it.

Mr. Cole moved to donate the granite blocks to the Town of Wellfleet to be transported at their expense. Mr. McManus seconded the motion for discussion. Mr. Piekarski stated that he is not sure the taxpayers wouldn’t be interested in the blocks and he would much rather offer them to the taxpayers first. Mr. McManus suggested that they could sell the material. Chairman Wilkins stressed that they need to do more homework on this issue. Mr. Cole withdrew his motion.

DISCUSSION ITEMS

A. Harbor Management Plan and Marine Fee Schedule (Perpetual Calendar item)

The Board took no action on this item.

SELECTMEN’S REPORT

Mr. Marceline thanked the Town Administrator for his efforts in making it successful for him to get excess compost. Chairman Wilkins thanked Mr. Marceline for all he has done for the Town.

The Board discussed the purpose and rationale behind the formation of the Executive Committee working group.

Mr. Cole stated that he had visited Back Office Associates at their open house. He pointed out that DSL is not available throughout the Town and noted that this is an infrastructure issue with regard to enabling businesses to locate in this town. He asked that Mr. Merriam look into this issue.

Mr. Piekarski asked for the minutes that specify what the Board approved for the use of the Old Recreation Building by cultural groups. He pointed out that the Board had approved the naming of the roundabout and the Fire Station and there are no plaques to indicate this at these sites. Chief Flynn explained that he has put Deputy Chief Clarke in charge of this matter and he is working with a local monument company. Chief Flynn noted that since the owner of the monument company is a relative he wanted the Deputy Chief to handle this rather than himself. With regard to the roundabout, Chairman Wilkins suggested that the Giffee family be notified. Mr. McManus pointed out that there is no gift account for this item. Mr. Marsland stressed that this needs to done.

The Board changed their July 26^th work session to 4:30 p.m. and Chairman Wilkins asked the Board to submit a list of items they would like to discuss.

Mr. Piekarski moved to adjourn at 10:00 p.m. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

Respectfully submitted,