Town of Harwich Massachusetts - Minutes

SELECTMEN’S MEETING

GRIFFIN ROOM, TOWN HALL

MONDAY, AUGUST 20, 2007

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

OTHERS PRESENT: Town Administrator James Merriam, Chief Flynn, Deputy Chief Clarke, David Ryan, Anita Doucette, Mike Mason, Gerry Loftus, John Prophet, Dot Hemmings, Barbara Johnson, Frank Sampson, 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 contract negotiations and it was a fruitful meeting.

Deputy Fire Chief Norman Clarke described the events of a recent serious medical call at the bike trail bridge for which the Police Department had stepped in to respond to the call when the Fire Department was busy. He commented on the flexibility and cooperation demonstrated by the Harwich public safety staff and added that we can be very proud of our public servants.

PUBLIC INFORMATION

Dot Hemmings of the Cultural Council described a fundraising event, Dine and Demo with artist Bill Maloney, to supplement the grant fund to be held at the Old Rec Building on September 12, 2007.

A. Approve Minutes –

1. July 23, 2007 – Regular Session

2. July 26, 2007 – Work Session

3. August 6, 2007 – Executive Session

B. Caleb Chase Requests

C. Approve Common Victualler License for Super Stop & Shop (Rt. 39/Rt. 137)

D. Approve Common Victualler License for The Deli Llama (181 Rt. 137)

E. Approve schedule for annual meetings with committees, boards and commissions

F. Approve appointment of Election Officers

Mr. Cole requested to hold Item E and Mr. Piekarski requested to hold Item C. Mr. McManus moved approval of the Consent Agenda less Items C & E and the recommended actions thereon. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

With regard to Item C, Mr. Piekarski stated that he will not support this request as the operation is already up and running. Mr. Merriam commented that our office processed the application quickly and all inspections have been approved. Mr. Piekarski stressed the need to do something about businesses that open without a license. Mr. McManus stated that he believes Massachusetts General Law provides for a penalty of $100 each day they are open without a license. Mr. McManus further stated that he is recusing himself on this item as he has a relative who is employed by Starbucks in another state. Mr. Cole moved to grant the application subject to a fine for not having filed until after they had been open 7 days. The motion was not seconded. Mr. Piekarski moved to deny the request until the applicant comes before the Board and explains why the operation opened prior to approval. Mr. Cole questioned if they should remain open and Mr. Piekarski remarked that if they choose to stay open the Board could impose a penalty on them. Mr. Piekarski requested that Mr. Merriam obtain a legal opinion from Town Counsel on the total available recourse the Board could take. The motion carried by a 4-0-1 vote with Mr. McManus abstaining from the vote.

With regard to Item E, Mr. Cole recommended rescheduling the Cable Advisory Committee to October 1, 2007. Mr. Piekarski moved to approve Item E with that change. Mr. Cole seconded the motion and the motion carried by a unanimous vote.

PRESENTATIONS (7:15 PM)

A. Update on Maintenance work by the Harwich Civic Association at the West Harwich School House – Brooke Williams

Brooke Williams updated the Board on maintenance efforts by the West Harwich Civic Association at the West Harwich School House.

B. Old Recreation Building and West Harwich School House – designated as cultural centers – John Prophet, Cultural Council Chairman

Dot Hemmings narrated a Power Point presentation in support of the Old Rec Building and West Harwich School House being designated as cultural centers. Chairman Wilkins noted that the Board has received letters from the Housing Committee and Cultural Council supporting this idea. Mr. Cole stated that he needs to understand the implications of this designation and pointed out that there is no business plan to financially support this concept. Mr. McManus stressed the need to nail down potential legal and financial ramifications and Mr. Cole agreed. Chairman Wilkins stated that he is reluctant to go beyond the text of the article that was voted at Town Meeting. The Board agreed to bring this item back in two weeks. Carolyn Carey pointed out that three of the groups that are using these buildings had previously met at the Community Center so there is a revenue loss.

TOWN ADMINISTRATOR’S REPORT

Mr. Merriam delivered the following report to the Board:

Ann has provided the attached memo regarding the chronology of events regarding the new Common Victualler license. The application with the three original inspection signatures was located. Ann and I spoke to Kris Larsen regarding the ADA access lip and Geoff confirmed that lip was softened. Also attached is Geoff’s response regarding accessibility.

Cape Cod Commission- Regional Policy Plan update

Public Hearings are scheduled for input relative to the Barnstable Regional Policy Plan. The hearings are scheduled for August 22^nd 4-6pm at the First District Courthouse, August 23^rd at 7-9pm at Eastham Town Hall and August 29^th 7-9pm at Bourne Veterans Memorial Community Building.

Boston Globe-“Balancing Shoreline interests” Smizik and DiMasi 8/4/07

GIC legislation Chapter 67

DOR Harwich vs. Commonwealth health insurance costs, Pension investment earnings

MAPC – Municipal Health Insurance Action Center

Comprehensive Permit Procedures and Strategies- Model Regulations -Barbara St. Andre

Harwich Traffic Safety Committee- Sidewalks 8/8/07

Mass Highway letter to Sandra Davidson re: Exit 11-July 25^th by Bernard McCourt

FY 07 budget turnbacks- $431,305.02 by Dave Ryan

Cultural Exchange Center- “Putting the Life Back in Lifestyle Medicine” August 18^th 4-6pm

Feds want max for Landers- Patriot Ledger –Harwich estimated loss is $126,400

At Mr. McManus’ request, Mr. Merriam agreed to write another letter to Mass. Highway regarding the signage issue.

Barnstable County Grant for Regional Cable Licensing

Please find attached a letter from 7 Cape towns seeking a County grant to assist with the re-licensing process, including Attorney fees. The letter is being routed from one community to the next so that each Administrator signs the same letter. The lower Cape towns have an interim issue regarding cable studio sharing costs being shifted from Comcast to the Towns, so they are not ready to join us.

Action Items- additional info

CWMP- Citizens Action Committee

This is background information regarding an action item in which I’m requesting that your Board create a Citizens Advisory Committee (CAC) which will serve as a subcommittee of the Water Quality Task Force (WQTF). The CAC will participate in the Comprehensive Wastewater Management Plan (CWMP). The CAC is referenced within the scope of work within Exhibit A- Agreement between the Town of Harwich and CDM, 1.2 CWMP Scope of Work, Phase 1, Subtask 2 Meetings.

Under action item, there is a Charge for the Subcommittee, proposed membership, and the membership terms are proposed to be co-terminus with the CWMP study.

Rental Assistance Revolving Loan Program

This is an agreement modeled after the Town of Lincoln and is between the Town and Housing Authority. It addresses the Town Meeting authorized $100,000 from CPC funds.

Attached is a letter inviting the Town to join a Municipal Coalition for Affordable Housing. A copy has been sent to the Housing Committee. On July 11^th, the Housing Committee recommended that Harwich join.

The Board agreed to add this item under Action Items.

Working Group- Cultural Center / West Harwich School

Attached is a mission statement. The group will consist of six members. Since the proposed housing units and parking will require densities greater than that allowed by current zoning laws, this project may require a Ch.40B application. If so, then the Historic District Commission would not participate in the permitting and the Chair could then participate with the RFP process. This working group will have its meetings posted and minutes kept so that others may follow the decision making process. I also recommend that the two schools not be permanently designated as cultural centers until we have a successful project with signed contracts. (Please read Sue Leven’s copy of the National Park Service Historic Tax Credits)

Water Supt. – Regrade request

The Water Commissioners have requested that the position of Water Supt. be retitled to Director of Water and be re-graded from M-5 (61,537- 76,852) to (67,076-83,768). See comparative schedule. The other M-6 positions are Director of Highways and Town Engineer.

Mr. McManus pointed out that this item should be an Action Item on a future agenda and Mr. Cole commented that the proposed title should be Director of Water Department.

Our auditor, Rich Bienvenue, has informed Dave Ryan that it is his intention to complete the audit by August 17^th. If so, we will provide a copy for Monday’s packet. Nan has provided me an e-mail of conversations with DOR and waiting for DOE relative to Chief Procurement Officer delegation by the Town Administrator based upon the Charter to the Schools. See attached.

The Board agreed to put this item on the next agenda.

Walker Woods- Street acceptance

Vince Kraft inquired with Joe Borgesi whether Walker Woods street acceptance was recorded at the Registry after the 2006 Town Meeting vote. Unfortunately it was not and it must be re-voted. (See Mike Ford’s explanation.) I would like to resubmit this street acceptance for our next town meeting.

Mr. McManus requested that this item be scheduled on an agenda.

I am happy to report that John Chatham has agreed to work on Fridays at his regular daily rate of $264.56 exclusively to update the Town’s five year open space plan. John received support from CPC Chair Jack Brown and Open Space and Real Estate Chair Paul Widegren prior to my approval.

Coastal Planning and Engineering Co.

Sandra Tate from CPE of Boca Raton, Fl. provided us with a copy of their Power Point presentation from their presentation at the Community Center on our Beach Management Program.

In response to the ZBA decision relative to 916 & 920 Route 28, I have prepared the attached Grant Agreement which was passed by Town Meeting under Article 44 to provide HECH with $69,533 in predevelopment monies and forwarded to Bob Murray. Please let me know if you wish to amend this agreement.

The Capital Budget Committee is starting its deliberations on Aug. 23^rd and has a Selectmen appointed vacancy if anyone is interested in serving. Chairman Pete Watson wanted me to emphasize that it’s a fun committee to serve on.

A. Create Comprehensive Wastewater Management Plan Citizen’s Advisory Committee

Frank Sampson, Town Wide Water Quality Task Force Chair, reported that there will be a public presentation on August 27^th at 7:00 p.m. at the Community Center on the completion of the Wastewater Management Study for the Great Sands Lake area. Mr. Sampson explained that they are seeking to have the Board establish a Comprehensive Wastewater Management Plan Citizens Advisory Committee, the purpose of which is to form a link for a meaningful dialogue during the entire course of the study in an effort to achieve a public understanding of what they are doing. Chairman Wilkins recommended that Mr. Sampson and Ms. Champagne work together to identify who should be on the committee.

Mr. Cole pointed out that the committee would not be a subcommittee but rather would be advisory, and this should be changed on charge. Mr. McManus moved to adopt the proposed Comprehensive Wastewater Management Plan Citizens Advisory Committee as proposed by the Water Quality Task Force and the proposed charge with the following corrections: that under “Structure and Purpose” the phrase “subcommittee of” be replaced with “advisory to” and that in addition to the Water Quality Task Force be added “and Board of Selectmen” and that in #2, as one of two roles that the second role read “advisor to the Water Quality Task Force and Board of Selectmen” and move its approval. Mr. Piekarski seconded the motion. Mr. Merriam recommended approval. The motion carried by a unanimous vote.

B. Approve VNA Contract

Mr. Cole moved to authorize the Chairman to sign on behalf of the Board the contract as written. Mr. McManus seconded the motion. Mr. Merriam recommended the Board approve the contract and answered questions from the Mr. Cole. The motion carried by a unanimous vote.

C. Award Contract for Town Clerk’s Records Restoration and Preservation project

Mr. McManus moved to approve of the bid from Brown’s River Bindery, Inc. for the amount of $34,629 finance source would be the award of the Community Preservation Act as in Article 39. Mr. Marsland seconded the motion and asked to amend it to be the Alternate #1 bid. Mr. Merriam recommended approval. The motion carried by a unanimous vote.

D. Award Contract for Engineering Consulting Services for Town Hall HVAC

At Mr. Merriam’s request, Mr. Cole moved to table this item. Mr. McManus seconded the motion and the motion carried by a unanimous vote.

E. Approve Grant Agreement for Harwich Housing Authority Rental Assistance Revolving Loan Program

Mr. Merriam recommended approval. Mr. Cole pointed out that the word “percent” should be after the word “three” on the third line of the second page. Mr. Piekarski moved to approve with the change in adding the word “percent.” Mr. McManus seconded the motion. Mr. McManus requested a set of guidelines as to what needs to be in the document and/or a document that lays out the procedure. Mr. Merriam agreed to handle that. The motion carried by a unanimous vote.

F. Approve Memorandum of Understanding for the Elder Services Nutrition Meal Sites

Mr. Cole moved to approve the Memorandum of Understanding as written. Mr. Marsland seconded the motion. Mr. Merriam recommended approval. The motion carried by a unanimous vote.

G. Approve proposal to audit financial statements of the Town for 2008-2010

Mr. Cole moved that the Chair be authorized to sign this letter when we have an original that has the word “Sandwich” replaced by “Harwich.” Mr. Piekarski seconded the motion. Mr. Ryan took questions from the Board. Mr. McManus encouraged that new bidders be entertained in the future in an effort to provide a fresh look. The motion carried by a unanimous vote.

H. Appointment to the School Building Needs Committee

Mr. McManus moved to rescind the appointment of Steven Kot and in his place appoint Deb Donovan who is the newly recommended person of the School Committee. Mr. Cole seconded the motion and the motion carried by a unanimous vote.

I. Invitation to join the Municipal Coalition for Affordable Housing (MCAH)

Mr. McManus moved to authorize Town staff to submit our application to join the MCAH. Mr. Piekarski seconded the motion. Mr. Merriam recommended approval. The motion carried by a unanimous vote.

DISCUSSION ITEMS

A. Board of Selectmen Liaison information – Larry Cole

Mr. Cole outlined his report to the Board on the Role of the Selectmen’s liaison to appointed boards, commissions, and committees. Chairman Wilkins suggested that the Board may want to incorporate language from the report into either the Selectmen’s Rules of Operation or the Committee Handbook. Mr. Cole pointed out that the Committee Handbook needs to be updated. Mr. Piekarski requested more time to review the document and the Board agreed to allow more time to review this item.

B. Five-Year Financial Plan – Jim Merriam

Mr. Merriam and Mr. Ryan outlined the Five-Year Financial Plan in detail (attached) and took questions and comments from the Board. Chairman Wilkins stated that this is now a working public document. The Board agreed to hold a working session on this item. Chairman Wilkins thanked all those involved in the development of the plan.

SELECTMEN’S REPORT

Mr. McManus explained that a permit was not obtained from the Historic District Commission for the new information board in front of Town Hall. He noted that in the past the HDC has denied requests for these types of signs but that the High School does have a permit. He stressed that the sign should be removed as well as the signs at Brooks Library and the Historical Society as they are not permitted.

Gerry Loftus questioned if the Board had made a decision on the Housing Committee’s request for a change of liaison. Mr. Marsland pointed out that the Board had made a motion that was not seconded. Chairman Wilkins stressed that he is not going to rescind his appointment of Mr. McManus to the Housing Committee.

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

Respectfully submitted,