MINUTES
SELECTMEN’S MEETING
GRIFFIN ROOM, TOWN HALL
TUESDAY, SEPTEMBER 4, 2007
7:00 P.M.
SELECTMEN PRESENT: Cole, Marsland, McManus, Piekarski, Wilkins
OTHERS PRESENT: Town Administrator James Merriam, Asst. Town Administrator Nan Balmer, Chief Mason, David Ryan, David Scannell, Carolyn Cragin, Gary Costin, Ginny Hewitt, Tom Blute, Polly Hemstock, Mark Russell, Geoffrey Wiegman, and others.
MEETING CALLED TO ORDER at 7:00 p.m. by Chairman Wilkins.
WEEKLY BRIEFING
No one appeared before the Board.
PUBLIC INFORMATION
No one appeared before the Board.
CONSENT AGENDA
A. Approve minutes –
1. August 6, 2007 Regular Meeting
2. August 20, 2007 Executive Session
B. Accept gift of $300 from Cape Cod Five Cents Savings Bank for the Petanque & Bocce Court Program
C. Accept gift of $100 from A.G. Edwards for the Petanque & Bocce Court Program
D. Re-appoint Tom Leach as Harwich Representative to Barnstable County Coastal Resources Committee
Mr. McManus moved approval of the Consent Agenda and the recommended actions thereon. Mr. Cole seconded the motion and the motion carried by a unanimous vote.
TOWN ADMINISTRATOR’S REPORT
Mr. Merriam delivered the following report:
Long Pond Treatment
September 10th- Contractor mobilization (staging at Harwich town landing)
September 14th- Alum treatment in pond’s west end
September 17th- Alum treatment in the balance of pond
Our next effort will be to work with Ken Wagner on the management plan, but a meeting has not been scheduled.
Brewster Police Chief Richard Koch informed Chief Mason that their boat is in the shop because of a cracked hull at a cost of $3-4,000. Brewster pays for the boat, its maintenance, fuel, transportation and storage.
Cranberry Festival
Fire and Police Command Staff prepared an Incident Command Plan for the deployment of personnel for the fireworks at Red River Beach. Chatham Police and the Coast Guard personnel were included in the planning meeting. The next meeting is scheduled for Sept. 5th.
Police Station cost estimate
The Police Station Building Committee is scheduled to give you an update on September 10th. Chairman Ray Jefferson has forwarded a copy of his presentation which is attached for your review. It includes a preliminary cost estimate by the architect for a 22,008 s.f. building. The August 2007 cost is $8.5m plus 5% contingency which brings the price to $8.9m. This excludes furniture, furnishings and equipment (FF&E) which would add another 20%. Excluded is the joint dispatch equipment for three stations. This number will be further refined on September 6th. Lt. Gagnon has contacted EOPS to discuss filing an Edward J. Byrne Memorial Justice Grant application to fund the joint dispatch facility.
CWMP- CDM
The kick-off meeting between the Task Force and CDM staff was held on August 23rd. There was a review of scope and schedule for the next two years. Several department heads will be asked to assist in this process. My initial concern is how to address property owners who may need a Title 5 upgrade followed by the potential of a sewer betterment assessment.
Roads Tour
Lincoln and Chris gave me a tour of recently paved Great Western Road as well as planned paving for next year. I’ve been encouraging them to rate all of the town roads, determine the age and condition of material and when the next treatment is required. The Barnstable County contractor for chip seal has failed to perform for Harwich these last two years. Link had been assured that they would come in the first week of Sept. but now they received work off Cape and will not come here.
Mr. McManus suggested bidding this ourselves and Mr. Piekarski agreed. Mr. Cole recommended looking into the consequences for the contractor’s failure to perform. Mr. McManus further recommended conducting a joint bidding process with a group of lower Cape towns. Chairman Wilkins urged Mr. Merriam to inform Mr. Doherty of this situation.
Wildland Fire Protection and Preparedness Plan
John Chatham has prepared a grant application in conjunction with Chief Flynn, Highway Director Hooper, and Supt. Wiegand to purchase a holder tractor with boom flail for $89,900 to be used at Thompson Field and adjacent Water Dept. land. The grant request from the Cape Cod Cooperative Extension is $25,000 with the $64,000 balance from local funds. The Highway flail mower is currently broken and needs $15,000 in parts to repair. Link proposes to replace the flail mower with the holder tractor which can also plow our sidewalks.
Water Superintendent
I support the re-grade as proposed by the Water Commission, but recommend retaining the current job title of Water Superintendent. I also intend to amend the job description to include working with the Water Quality Task Force, attending their meetings and providing technical support.
Skateboarders
We’ve had conversations with Chief Mason and Chamber representatives about the vandalism with local businesses and public property caused by the skateboarders. Chief Mason is pursuing signage and prosecution. We’re also meeting with Chamber representatives and Pam Latimer on Sept. 4th at 3pm to start a dialogue. Richard Waystack has spoken to some skateboarders to advise them about the ill will they’re causing the community and the lack of support they’re generating toward creation of any skateboard park. Jeff Carter has informed us of earlier support by the Youth and Rec Commission for a site next to the High School driveway entrance to Whitehouse field.
Mr. Waystack gave a briefing of what happened at the meeting today. He stated that he had told the group that they would need to gain the support of the community for a new skate park by earning their respect possibly through community service and making reparations. He stated that he encouraged the group to find a temporary location and prove to the Town that they are responsible.
Chief Mason described the vandalism that has occurred and reported that they have had problems with lack of parental concern and cooperation.
Chairman Wilkins summarized by saying that what emerged from the discussion was a possible short term and long range solution however there must be some demonstration of acceptance of responsibility by the students.
PUBLIC HEARINGS (7:15 p.m.)
A. Tax Classification Hearing - For the purpose of deciding whether all property shall be taxed at the same or different rates for Fiscal Year 2006 as set forth in Chapter 40, Section 56 of the Massachusetts General Laws
Mr. Piekarski read the hearing notice into record and Chairman Wilkins opened the hearing. Mr. Scannell noted that they have a vacancy on the Board of Assessors and are looking for someone willing to serve. He explained that they have completed revaluation of all properties in Town through Paul S. Kapinos and Associates and that the revaluation does not reflect 2007 sales. He noted that the Town dropped in value from $5.4 billion to about $5.2 billion dollars. He stated that the Town is at 93% residential and the commercial values are holding up fairly well. He added that there was a shift of ½ percent from residential to commercial. Mr. Scannell reported that the Board of Assessors is recommending that all property be taxed at the same rate.
Mr. Marsland noted that they have received correspondence from 3 citizens expressing their concerns. Mr. Scannell and Mr. Waystack took questions from the Board. Mr. McManus read an excerpt from one of the letters from Marilyn Reynolds of 2 Riley Road and Mr. Scannell noted that all the factors are taken into account when coming up with the assessments. He confirmed that it is not legal to set up different classifications in the residential area. The Board agreed to forward the letters to the Board of Assessors.
Mr. McManus stated for the records that letters were received from the following people:
Patricia and Peter Switchenko of 3 Riley Road, Marilyn Reynolds of 2 Riley Road and Sally Davis and Karen Baker of 7 Squantum Path.
Mr. Marsland moved to close the hearing. Mr. Piekarski seconded the motion and the motion carried by a unanimous vote.
Mr. McManus moved to select a factor of “1” taxing all property at the same rate, that we do not grant an open space exemption, that we do not grant a residential exemption, and that we do not grant a small commercial exemption. Mr. Marsland seconded the motion.
Mr. Cole explained that at a later date he will submit a proposal that they consider having a citizens committee to look into the residential exemption issue and report to the Board and he explained his rationale for wanting to bring this forward noting that it has not been looked into before. Mr. Scannell answered further questions from the Board. The motion carried by a unanimous vote.
SCHOOL DEPARTMENT AUDIT PRESENTATION (7:30 p.m.)
Richard Bienvenue of Thevenin, Lynch, Bienvenue, LLP outlined the results of their work on this audit (see attached report). Mr. Bienvenue and Mr. Ryan answered questions from the Board. The Board took comments from Mr. Wiegman to which both the Board and School Committee members, Mark Russell and Tom Blute, responded.
TOWN ADMINISTRATOR’S REPORT (Continued)
Article 73 Sale of Town Owned lots
The bid package to sell 6 lots is complete and ready to be advertised in the Central Register. For clarification, we will insert that the minimum acceptable bid will be the FY 08 assessed value.
Mr. McManus suggested we send the notice to the abutters.
Town Hall Hours Sign
I met with the HEA employees who wanted to better publicize the hours of Town Hall. They created a temporary sandwich board identical to that used by the Brooks Library. Bob Bradley, after reviewing the guidelines, has offered to draft a spec with wood, rather than prohibited plastic, which can be attached to the Town Offices sign which he could approve administratively. Then the sign could be made by the Highway sign shop.
Cranberry Valley
Shawn Fernandes, Golf Committee members and I met with a USGA turf specialist, who inspected the patches of dead grass. He will put his recommendations in writing, but they will include Spring and Fall aeration, use rye grass and less chemical dependency. Shawn has aerated all 18 greens and 9 fairways. Shawn will complete the remaining fairways in September. There is a question of whether we should contract out the April aeration because we’re not staffed at that time of year to complete this task on time.
Old Rec Working Group
The Working Group met on August 30th to further refine the RFP and lease terms. We’re expecting some financial information from Architect Lynn Spencer on Sept. 21st and will then meet again on the 28th.
HECH Project- Rt 28
The ZBA decision to approve has been appealed by an abutter. Sue Leven and I would like Attorney Barbara St. Andre to represent the ZBA as she has in past Ch.40B cases. Most of the defense costs will be borne by the applicant, not the Town.
Mr. Marsland noted his preference to assign this to Kopelman & Paige. Mr. McManus commented that Ms. St. Andre is very good at what she does and there would be very little start-up cost as there has been a tremendous knowledge base investment in her over the years and she knows the organization. Mr. Marsland remarked that if we feel strongly about Ms. St. Andre then perhaps we should investigate other avenues when it comes to appointing Town Counsel. Mr. Piekarski pointed out that Kopelman & Paige is our Town Counsel and it is Mr. Merriam’s only option until the Board votes otherwise. He noted that the Board should appoint counsel at their next meeting and get recommendations from Mr. Merriam.
Correspondence
Chief Flynn- Maternity Leave/ Provisional Employee August 21st
“Cities, towns urged to join health plan” Boston Globe by April Simpson
Police Lt. Melvin - Yonkers Police Dept. to Chief Mason 8/6/07
Bob Tombs Disclosure Statement where he serves as CC Tech Treasurer and on the Finance Committee
Wildland Fire Protection and Preparedness Plan for Thompson’s Field and Water District lands
“Signs at the Library” by Ginny Hewitt to Bob Bradley, Chair of the Historic District Commission
“Private rental plan stirs debate” by David Kibbe, Boston Globe, 8/28/07 (Brewster Chairman Ed Lewis is advocating this bill)
“Fair Plan hike probed” by Sarah Shemkus, Boston Globe 9/28/07
Municipal Coalition for Affordable Housing- August, 2007 MCAH
ACTION ITEMS
A. Approve Common Victualler License for Super Stop & Shop (Rt. 39/Rt. 137) (T.A. recommends approval)
Mr. McManus recused himself on this item. Mr. MacLean, Manager of Stop & Shop, apologized for not getting the proper licensing for Starbucks and noted that he was not familiar with the licensing process. Mr. Piekarski inquired if Mr. Merriam had gotten the requested opinion from Town Counsel on legal ramifications for not applying on time. Mr. Merriam responded that he had not but rather has been focusing on how to solve the problem in the future with better communication between the applicant and our office. Mr. Piekarski remarked that he is not sure there is a problem within Town Hall and still thinks we need to follow up with Town Counsel as to what the consequences are for opening without a license. Mr. Marsland moved to grant a Common Victualler license to the Stop & Shop and the
Starbucks Coffee. Mr. Cole seconded the motion and the motion carried by a 4-0-1 vote with Mr. McManus abstaining from the vote.
Mr. McManus suggested authorizing the Administrator to issue temporary licenses when there is a timing issue.
B. Request to block off Kelley Road between Bayport Road and Riverside Drive for neighborhood party (T.A. recommends approval)
Mr. Marsland moved to grant approval as per the provisions outlined by the Police and Fire Departments. Mr. Cole seconded the motion and the motion carried by a unanimous vote.
C. Request to delegate authority for authorizing expenditures from the Library Gift Account to the Library Trustees
Mr. Ryan recommended approval of this request. Ms. Hewitt noted that the request includes authorizing the Trustees to accept donations as well. Mr. McManus moved approval of the proposed procedures. Mr. Marsland seconded the motion. Mr. Merriam recommended approval. The motion carried by a unanimous vote.
D. Request to designate Old Recreation Building and West Harwich School House as cultural centers
Mr. McManus noted that the Cultural Council has been tasked with creating a business plan and are now working on it. Mr. McManus moved to table this until September 17, 2007. Mr. Marsland seconded the motion. Mr. Merriam pointed out that the next meeting with the architect is September 21, 2007. Mr. Cole noted his preference to wait to review the business plan before the Board takes any action. Mr. McManus withdrew his motion. Mr. Marsland noted that he prefers to wait until the RFP’s come in. Chairman Wilkins commented that he does not want to take a position beyond the article language. He asked Mr. Merriam to provide an update from the architect on October 1, 2007.
E. Request by Water Commissioners to re-classify Water Superintendent’s position
F. Request by Cemetery Commission to re-grade Cemetery Administrator’s position
Chairman Wilkins asked Mr. Merriam if the proposed re-grades had been budgeted and Mr. Ryan responded that there is a line item in the Water Enterprise Fund that would more than adequately pay for the Water Superintendent’s increase but the Cemetery budget would need supplemental funding. Mr. Merriam explained that the Water Superintendent’s position is rated at level M5 of the Non-Union Compensation Plan created as a result of the 2001 MMA study and he noted that in comparison to what other towns currently pay the Water Superintendent could be rated at level M5 or M6. Mr. Merriam proposed that the Water Superintendent’s re-grade include a change in job description to encompass additional duties with regard to wastewater management. Mr. Merriam also stated that he is not making a
recommendation on the Cemetery Administrator’s re-grade as clearly there is not money in their budget. Mr. Piekarski stressed that he would need to see the language of the new job description before he can vote it and he added that the Water Superintendent may wish to remain at level M5 and not accept the additional duties. Mr. Marsland pointed out that the Water Superintendent’s re-grade puts him at step 10 of level M6 from step 10 of level M5 and he questioned why. Mr. Merriam responded that the incumbent would lose his longevity if he did not remain at a step 10. Mr. Merriam also stated that the Water Superintendent position is at least equivalent to the Highway Director and Town Engineer which are rated at level M6. Mr. Merriam agreed to provide the revised job description to the Board.
Mr. McManus moved to require the Administrative Officer to bring us a new job description reflecting the current responsibilities and duties of the Water Superintendent as different from the responsibilities in 2001 when the study was done. Mr. Marsland seconded the motion. The motion carried by a unanimous vote. Mr. Merriam said he would bring something back to the Board to follow the same format with regard to the Cemetery Administrator.
G. Authorize Chair to sign contract with FinePoint Associates, LLC for Market
Assessment and Business Profile Analysis
Mr. Cole moved to authorize Chair to sign contract with FinePoint Associates, LLC for Market Assessment and Business Profile Analysis for the Village of East Harwich. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.
H. Schedule Public Hearing for Fire Department Fee Schedule (T.A. recommends approval)
Mr. McManus moved to schedule a public hearing for the Fire Department fee schedule. Mr. Piekarski seconded the motion and the motion carried by a unanimous vote.
I. Vote to place on next Town Meeting Warrant acceptance of Walkerwoods Drive, Old Carriage Drive, Courtney Road Extension (T.A. recommends approval)
Mr. Marsland moved to place on next Town Meeting Warrant acceptance of Walkerwoods Drive, Old Carriage Drive, Courtney Road Extension. Mr. McManus seconded the motion and the motion carried by a unanimous vote.
J. Authorize Chair to sign letter to Asst. District Attorney requesting opinion on Open Meeting Law (T.A. recommends approval)
Mr. McManus moved to authorize the Chair to sign the letter to the Assistant District Attorney requesting opinion of Open Meeting Law. Mr. Cole seconded the motion and the motion carried by a unanimous vote.
SELECTMEN’S REPORT
A. Update on pre-development projects
No action was taken on this item.
B. Tickler file of issues
Mr. Cole agreed to work with Mr. Merriam on this and bring back to the Board.
Mr. Cole distributed rules for liaisons and recommended that it be added to the Board’s Rules of Operation. Mr. McManus moved approval and Mr. Marsland seconded the motion. The motion carried by a unanimous vote.
Mr. Piekarski moved to have the Chair and Vice Chair meet with the Town Administrator and Assistant Town Administrator for a discussion that would take place regarding the Board of Selectmen meetings and whether there is any value to having the meetings every other week as opposed to weekly and report back to the Board in two to three weeks with their shared thoughts and ideas. Mr. Marsland seconded the motion and the motion carried by a unanimous vote. Mr. McManus commented that per the Open Meeting Law this is a subcommittee of the Board and therefore the meeting should be posted.
ADJOURNMENT
Mr. Piekarski moved to adjourn at 10:09 p.m. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.
Respectfully submitted,
Ann Steidel
Recording Secretary
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