MINUTES
SELECTMEN’S MEETING
GRIFFIN ROOM, TOWN HALL
MONDAY, AUGUST 6, 2007
7:00 P.M.
SELECTMEN PRESENT: Cole, Marsland, McManus, Piekarski, Wilkins
OTHERS PRESENT: Town Administrator James Merriam, Asst. Town Administrator Nan Balmer, Chief Flynn, Chief Mason, Tom Leach, John Chatham, Ginny Hewitt, Barbara-Anne Foley, Det. Culver, Carolyn Carey, Craig Wiegand, Tom Blute, Richard Waystack, Allin Thompson, Peter Smythe, Bill Lionetta, Richard Flink, John Prophet, Susan Brauner, Barbara Johnson, 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 items of litigation and contract negotiations.
NON-RESIDENT TAXPAYERS MEETING
A. Beaches – Dredging and Pilings
Mr. Merriam briefed the public on this item and several questions and comments were taken by Mr. Leach and the Board from the public on related issues.
Briefings were given by staff members in the following areas as listed:
B. Golf Course – Dennis Hoye, Golf Superintendent
C. Queen Anne Road / Rte. 124 Project – Lincoln Hooper, Highway Director
D. East Harwich – Susan Leven, Town Planner
E. School Building Authority/Building Needs Committee – Allin Thompson, School Building Needs Committee and Tom Blute, School Committee Chair
F. Ballot Questions
· Police Station Renovation – Ray Jefferson, Police Headquarters Building Comm. Chair
· Comprehensive Wastewater Management Plan - Mr. Merriam
· Road Improvements – Lincoln Hooper, Highway Director
WEEKLY BRIEFING
Chief Flynn announced that on August 5, 2007, Lt. Joseph Mayo was promoted to the rank of Captain and Firefighter Mike Mason was promoted to the rank of Lieutenant.
PUBLIC INFORMATION
Mr. Merriam and Mr. Hooper answered questions from Richard Flink with regard to private operators using Town equipment.
John Prophet announced the current fundraising efforts of the Harwich Cultural Council.
CONSENT AGENDA
A. Approve Minutes –
2. July 9, 2007 Regular Session
3. July 23, 2007 Executive Session
B. Award of Trailer Contract
C. Accept resignation of Bobbie McDonnell from Disability Rights Committee
D. Accept gifts to the Community Center by Friends of the Community Center
E. Approve request for assistance from the Caleb Chase Fund
F. Approve new application for Common Victualler license for Harwich Central Café
G. Request for Change of Manager by Belmont Condominium Beach Club
Mr. Piekarski requested to pull Item F from the Consent Agenda. Mr. McManus moved approval of the balance of the Consent Agenda. Mr. Cole seconded the motion and the motion carried by a unanimous vote.
Mr. Piekarski noted his concerns with regard to the Common Vicutaller license for the Harwich Central Café. He pointed out that the application indicates an opening date of July 3, 2007 and it is dated July 19, 2007. He stated that the establishment clearly opened without a license and he would like an explanation why. Mr. Marsland noted that he has similar issues with this application as well as the fact that the application was not signed off by the appropriate inspectors. Mr. McManus pointed out that the Town Administrator’s staff calls the inspectors to ensure that the inspections have taken place and has indicated so on the application. He added that there has not been good enforcement historically and recommended sending a letter out to our food establishments at renewal time
indicating that we are stepping up enforcement and will be levying fines. Chairman Wilkins instructed Mr. Merriam to review the entire process. Barbara-Anne Foley noted that the inside lip of the handicap platform at Harwich Central Café is 2 to 3 ½ inches and therefore is not ADA compliant. Mr. Cole moved to deny the application until it is properly presented to the Board. Mr. Piekarski seconded the motion. Mr. Waystack recommended that the Board approve the application conditionally. Mr. Cole withdrew his motion but Mr. Piekarski did not withdraw his second. The motion failed on a 2-3-0 vote with Mr. McManus, Chairman Wilkins and Mr. Cole in opposition. Mr. McManus moved to conditionally approve the application and allow until Friday for the signatures of the required departments to be placed on the application and that it is made ADA compliant. Mr. Cole seconded the motion and the motion carried by a 3-2-0 vote with
Mr. Marsland and Mr. Piekarski in opposition.
TOWN ADMINISTRATOR’S REPORT
Mr. Merriam delivered the following report:
Nan Balmer
I am pleased to report that Harwich’s new Assistant Town Administrator, Nan Balmer started work on July 25th. I have faith that she will bring her prior in state and out of state municipal experiences to enhance the services offered to our residents and be a tremendous asset to our office and community.
Chamber of Commerce
Nan and I met with Chamber Director Sandy Davidson, and the Municipal Affairs sub committee of Richard Waystack and Larry Ballantine. Nan was given background information from the Chamber’s experiences and how we’ve been partnering on a number of projects. We also discussed the affordable housing and medical needs of our residents and whether there are opportunities to partner for mutual benefits. The affordable housing topic and the need for a summit to discuss housing strategy will be raised at their August meeting.
Long Pond treatment
Brewster Town Administrator Charlie Sumner informed me that we have received the $150,000 FY 07 state grant and we have applied it to purchase the alum. We are now ready to work with ENSR’s Ken Wagner to address the Management Plan.
2007 Farm Fest
Harwich’s 2007 Farm Fest brochures have been printed and distributed for the upcoming August 14-19th event. (A copy is added to your correspondence)
Correspondence
Municipal Benchmarking, July 07 newsletter
Barbara St. Andre’s quarterly update on relevant land use and zoning decisions
Boston Globe editorial 7/27 “Revisiting Community Preservation” relating to the unfairness of the CPC funds available to only wealthy communities who can afford to permanently raise taxes-
Boston Globe editorial 7/27 “Bay State big sell-off” regarding unfunded liabilities for retired public employees (I bring to your attention the liability problem but do not advocate for selling critical public assets i.e., roads, treatment plants.)
Non Union Salary Schedule
There currently exists an Office Administration and Part Time Position schedule which includes “Laborers” with hourly, weekly and annual rates as PT-4. Link Hooper wishes to convert three employees who have worked full time for the last several years as Seasonal Laborers (S5) to full time Highway Laborers but the PT schedule does not apply. The part time reference should be dropped in order to properly place them on this non union schedule. This would then allow them to become eligible for benefits.
Community Center Shutters
We received two bids to install shutters for the Community Center. We’re still awaiting FEMA’s final approval of grant which hopefully is approved before we need the shutters.
Ms. Balmer outlined the following report to the Board:
Mr. Merriam asked me to briefly report on the Cable Franchise Collaborative composed of several Cape towns whose license agreements with Comcast expire within 2-3 years. The Collaborative met today in Mashpee to interview 2 attorneys who may be employed to represent the Collaborative and / or individual towns. The Collaborative will recommend the employment of one of the attorneys after gathering additional cost information. The following are key points discussed at today’s meeting:
· Comcast’s Cable television license with the Town of Harwich expires in December of 2009.
· It is recommended that municipalities start the license renewal process (attached) 30-36 months prior to license expiration.
· “Ascertainment” is the part of the process for towns, collectively and separately to determine community needs and wants including public access and local programming, cable service including coverage, programming, term of the license and customer service. It is expected to last from the Fall of 2007 to the Fall of 2008.
· The Collaborative is requesting the Town Administrators of member towns to sign a joint request to the county to fund the collaborative.
· The Collaborative may hold concurrent discussions with Verizon although it is not clear these discussions will affect the Comcast process.
· The maximum franchise fee payable to the Town is 5%
· Negotiations might include providing or enhancing the fiber optic infrastructure in order to provide improved public cable access which will enhance the town’s and the Cape’s communication capacities.
The Board discussed the report and agreed that a workshop should be scheduled on the cable licensing issue.
ACTION ITEMS
A. Request by Harwich Historical Society to close a portion of Parallel St. for Annual Old Fashioned Family Fun Day
Chief Mason indicated that the Police Department has no objections to this request and Chief Flynn noted that the Fire Department just asks that nothing be set up in the road. Mr. McManus responded that the Historical Society will not be doing that. Mr. McManus moved to approve the closing of the street for Family Fun Day. Mr. Cole seconded the motion and the motion carried by a unanimous vote.
B. Approve VNA contract for FY08
The Board agreed to defer this item to a future agenda.
C. Replacement of Big Belly Trash Compactor
Mr. Hooper explained that the vandalized Big Belly Trash Compactor has been declared a total loss and he recommended purchasing a replacement unit for which he has a quote of $3,450. Mr. Marsland stated that he is not in favor of replacing the unit and would prefer to spend the money on surveillance. Chief Mason commented that he is in favor of using cameras but noted that the units, installation and monitoring can be very expensive. Mr. Merriam stated that if the Board votes to replace the compactor it can be put on our insurance policy. Mr. Hooper recommended replacing the unit and Mr. Merriam concurred. Mr. McManus remarked that giving into the vandals is not the answer and he moved to authorize the Director of Highways and Maintenance to replace the Big Belly unit for Bank Street Beach. Mr. Cole seconded the motion. Mr. Marsland recommended using a locked dumpster and Mr. Hooper responded that we do not have a vehicle to pick it up and private pick up can be expensive.
The motion carried by a 4-1-0 vote with Mr. Marsland in opposition. Mr. McManus asked that Chief Mason and Mr. Hooper continue putting together a memorandum of information on surveillance items.
DISCUSSION ITEMS
A. Continuation of Workshop - Five Year Plan
Mr. Ryan and Mr. Merriam gave a broad overview of where they are in the preparation of the Five-Year Plan. Mr. Merriam noted that he will be submitting a narrative as part of the plan.
B. Recommendation on Traffic Mitigation Funds
Mr. Hooper recommended using traffic mitigation funds for construction of sidewalks at Lower Bank Street and he outlined the work that this project would require. Mr. McManus stated that the purpose of these funds is for trip reduction and he is not sure this would qualify. He recommended looking widely around town for areas that could use a sidewalk and that would benefit in reducing car traffic and he suggested improvement to the Oak Street sidewalk. Mr. Marsland stated that the Traffic Safety Committee is suggesting constructing sidewalks on Oak Street or improving sidewalks already in existence. Mr. Hooper responded that it is his understanding that the funds are not for maintenance purposes. At Mr. Cole’s request, Mr. Hooper agreed to get more information on possible trip reduction
projects. The Board took no action on this item.
C. Report from Town Administrator/Chairman on meeting with Housing Committee
Chairman Wilkins explained that he had met with two members of the group working on pre-development of the Old Rec Building and W. Harwich School House in regard to a difference of opinion between members of the group and a Selectman. He apologized to those who he asked to leave the meeting and noted that he had concerns about committee quorums. He noted that he met with the Housing Committee Chairman and the liaison to the projects in order to find out what the issue was and facilitate communication between key individuals He noted that the Housing Committee Chairman was representing two people who had participated in a meeting with the liaison and weren’t happy with liaison’s response. Chairman Wilkins further explained that he tried to facilitate the concept of a working group to stay
on top of pre-development projects. He noted that meeting went well. Mr. Merriam concurred with Chairman Wilkins’ account of events of the meeting as well as the development of the working group.
SELECTMEN’S REPORT
A. Request by Housing Committee for a change of Selectmen’s liaison
Chairman Wilkins outlined the process he has followed for appointing liaisons. Mr. Marsland indicated he would not support the request. Mr. Cole stated that the role of liaison should be clarified to avoid problems in the future. Chairman Wilkins concurred and stressed to Mr. Merriam that some specifications as to the role and responsibilities of liaison is necessary. Mr. Cole agreed to work with Mr. Merriam on this item. Mr. Marsland moved to deny the request. The motion was not seconded. Mr. Piekarski asked Chairman Wilkins to look into the process for appointments of liaisons.
Mr. Piekarski moved to extend the meeting for an extra 15 minutes. Mr. Cole seconded the motion and the motion carried by a unanimous vote. Mr. Cole departed the meeting.
Susan Brauner and Gerry Loftus commented on their disappointment that the Board was not taking action on their request.
At 10:34 p.m. Mr. McManus moved to reconvene to Executive Session. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.
ADJOURNMENT
Respectfully submitted,
Ann Steidel
Recording Secretary
| 
