Town of Harwich Massachusetts - Minutes

SELECTMEN’S MEETING

GRIFFIN ROOM, TOWN HALL

MONDAY, SEPTEMBER 10, 2007

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

OTHERS PRESENT: Town Administrator James Merriam, Asst. Town Administrator Nan Balmer, Chief Mason, Chief Flynn, Supt. Cragin, Gary Costin, Robbin Kelley, Norman Clarke, Matt McCaffery, Larry Ballantine, John Brooks, Pete Watson, Debra DeCosta, Christine Wood, Franco Previd, Ray Jefferson, 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 visited a property and familiarized themselves with some of the contract implications for that property. Chairman Wilkins requested a moment of silence in remembrance of the events of September 11, 2001.

Chief Flynn noted that the Fire Department will have a brief memorial service on the sixth anniversary of September 11^th to be held at 9:45 at the Fire Station.

PUBLIC INFORMATION

Matt McCaffery and Larry Ballantine, owners of a South Yarmouth restaurant, outlined a program they are offering at their restaurant which is available to benefit non-profit organizations and asked for the use of Channel 18 to promote this program. Chairman Wilkins stated that the Town Administrator will determine if they can use Channel 18 and the Board agreed that Mr. Merriam should investigate. Mr. Cole added that Mr. Merriam should also investigate whether there is an alternative channel they might be able to use.

A. Approve request by Harwich Historical Society to close Parallel Street for its annual Hometown Treasures Sale – September 29, 2007

B. Caleb Chase Fund request

C. Accept resignation of Katie McManus from the Brooks Academy Museum Committee

D. Accept resignation of John Halliday from the Golf Committee

E. Accept resignation of Jon Idman from the Planning Board

Mr. McManus moved approval of the Consent Agenda and the recommended actions thereon. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

TOWN ADMINISTRATOR’S REPORT

Mr. Merriam delivered the following report to the Board:

Dave Marsland, Dave Ryan and I met with Dennis Hoye, George Boule and John Halliday to discuss golf revolving accounts. We examined MGL Ch.44, 53D-Recreation and park self supporting funds, 53E1/2 Revolving Funds and Enterprise funds to understand the statutes and limitations. Current thinking is to incorporate the golf pro revenues and expenses into a 53E1/2 for next May in an incremental step and then re-evaluate whether to expand the following year. The 53E1/2 has a 1% limit of our current levy, which is approximately $320,000.

Dr. Fennell has proposed to DEP to post four parking spaces for Merkle Beach in exchange for removing public access to the upper deck. John Chatham has been informed by Dr. Fennell that DEP has accepted this proposal but it will require our Conservation Commission to amend the Order of Conditions. The amendment has not been submitted yet. Attached is a copy of a map and deed to the Merkle Beach property which shows a 45 foot connecting piece between Snow Inn Road and the Merkle Beach property.

Mr. McManus commented that if we are going to alter the public access easement it will require approval of the Board and Town Meeting.

PUBLIC HEARING (7:15 PM)

Five Year Financial Plan – FY 09 budget instructions/calendar

Mr. Piekarski read the hearing notice into record. Mr. Merriam provided an overview of the Five Year Financial Plan after which Chairman Wilkins opened the hearing. Mr. Watson, Capital Outlay Committee Chairman, explained that some of the assumptions in the Capital Outlay Plan are low and on the conservative side. He added that projections for the Schools and Police Department could double.

Supt. Carolyn Cragin discussed proposed additional programs at the Schools and staff that would be required for these programs. Mr. Costin, Business Manager, discussed concerns for the future of school financing by the State and stressed the need for a maintenance plan.

Chairman Wilkins explained that he is pleased with the plan and noted that it alerts the public that the difficulty is going to continue and that there will be less money. He also emphasized that the plan indicates that efficiencies are needed in the areas of human resources, central purchasing, and health insurance. He encouraged the public to read the document and he invited the Finance Committee and Capital Outlay Committee to look closely at this proposal as the Board would welcome their suggestions. With no further public comment, Mr. Marsland moved to close the hearing. Mr. Piekarski seconded the motion and the motion carried by a unanimous vote.

A. Annual meetings with committees, commissions and boards

1. Police Station Building Committee

Mr. Jefferson, Chair, provided the attached report to the Board. He presented conceptual drawings of the project and took questions and comments from the Board.

2. Cemetery Commission

Christine Wood, Chair, outlined the attached report to the Board. Robbin Kelley, Cemetery Administrator, took questions and comments from the Board.

3. Housing Committee

Gerry Loftus, Chair, introduced the Committee members and outlined the attached report to the Board. He took questions and comments from the Board.

TOWN ADMINISTRATOR’S REPORT (Continued)

I spoke to Pat Ormand from the U.S.Attorney’s Office who indicated that the Commonwealth earned most of the settlement, the MBTA was second and the Federal Government received only $70,000. Our monies were Chapter 90, so the Commonwealth should come before the Cities and Towns.

Capital Outlay Committee

I am working with the Capital Outlay Committee to reduce the threshold for requests from $100,000 to $25,000, which will include more Capital items that will receive review such as vehicles which need a comprehensive approach.

I met with Bob Toombs who is scheduling Finance Committee meetings on the third Tuesday each month at the Community Center.

Old Rec/ West Harwich School

Jerry Loftus has provided us with a copy of a first draft of the Cultural / Housing Complex Conceptual Pro Forma. See attached.

FY 09 Budget Instructions / Calendar

Attached is a draft calendar for FY 09 and a copy of last year’s instructions from the Board to Acting Administrator Steve Lombard. Our first Charter milestone is October 1^st for you to receive a current financial assessment for next year. The five year plan includes this information.

On September 6, 2007, Attorney Mary Giorgio appeared before the SJC in our behalf to defend the Conservation Commission’s decision to deny the dredging. She anticipates that it will take several months before a decision is rendered.

Chairman Robin Wilkins and I on September 5^th attended a seminar entitled “Retiree Power” sponsored by the Cape Cod Foundation and Elder Services of Cape Cod and the Islands. The speaker was Marc Freedman who advocated for inventing a new stage of life by engaging retirees’ talents for volunteerism and work.

Ms. Balmer outlined the following report to the Board for the week:

· Cape Cod Water Protection Collaborative RFP: Please see attached memo from Carole Ridley, Pleasant Bay Alliance Coordinator, who asks for a letter of support which will be drafted for Board adoption before 9/25.

o Met with Craig Wiegand to draft updated Job Description for the position of Water Superintendent

o Reviewed non-routine Workmen’s Compensation case with Labor Counsel

o Reviewed operation of Harwich cemeteries. Recommended to Town Administrator that the Cemetery Supervisor 1) Be considered by the Town Administrator for an increase from Step 4 to Step 5 in recognition of achieving the goals set by the former town administrator to correct administrative deficiencies and to expand the cemeteries acreage by 30%, 2) Pay the Cemetery Supervisor for actual hours worked which are anticipated to be 30 hours per week for several months as the new acreage is planned, laid out, and developed, 3) After the expansion project is complete, consider using the cemetery Supervisor’s considerable IT skills in the IT Department.

· Procurement: Initial review of MUNIS and BONSAI software products.

· CAC: Reviewed status of Harwich wastewater management project with Frank Sampson

· Permit Group: Permit Department Heads reported on Merkel beach parking, mapping Verizon DSL service, Eastwood Homes Subdivision, UST and boat ramp projects, census project, control of invasive bamboo plants along roadway near old landfill, Health department activities for cranberry Festival, staff training projects

· Skateboarding: Represented Town Administrator at community meeting on skateboarding.

· Library: Met with Director to review operation

· Department Head Meeting: Planned agenda for Monday 9/10 at 9 am

A. Vote to sign Non-Exercise of Option of First Refusal for Thacher property

Mr. Marsland moved to sign the Non-Exercise of Option of First Refusal for the Thacher property. Mr. Cole seconded the motion and the motion carried by a unanimous vote.

B. Vote to approve and sign Agreement between Horsley Witten Group and the Town of Harwich (East Harwich Village Project)

Mr. Marsland moved to approve and authorize the Chairman to sign the Agreement between Horsley Witten Group and the Town of Harwich regarding the East Harwich Village Project. Mr. Cole seconded the motion. Mr. McManus pointed out that the addendum calls for the signatures of the entire Board. Mr. Marsland withdrew his motion. Mr. Marsland moved to approve and sign the agreements between the Horsley Witten Group and the Town of Harwich regarding the East Harwich Village Project. Mr. McManus seconded the motion and the motion carried by a unanimous vote.

C. Vote to approve and sign Agreement between Fuss & O’Neill and the Town of Harwich (East Harwich Village Project)

Mr. McManus moved to table this item. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

D. Vote to amend the Non Union Plan to re-grade Water Superintendent

Mr. Merriam outlined changes to the job description as justification to re-grade the position from M5 to M6. Ms. Balmer noted that under “Education and Experience” it should read a Bachelors Degree in engineering or other relevant undergraduate degree. Mr. McManus stated that the degree should be in a relevant engineering field. Mr. McManus moved to amend the Non-Union Plan to re-grade the Water Superintendent from M5 to an M6 grade. Mr. Cole seconded the motion with the understanding that the wording changes that Mr. McManus suggested under the education requirements be made. The motion carried by a unanimous vote.

E. Vote to amend the Non-Union Plan to re-grade Cemetery Administrator

Mr. Merriam noted that the request has been withdrawn. Ms. Balmer explained that based on discussions with Chairman Wilkins and Mr. Merriam it was determined that a step increase would be a more appropriate approach to award this employee for her efforts in response to tasks assigned to her by the former Town Administrator. She added that the employee, Robbin Kelley, could potentially be considered for her computer skills in the future. Ms. Balmer recommended that the position be increased to thirty hours per week. She explained that funds are available for this increase by combining her salary line item with the overtime line item which would cover all but $2,000 which could be picked up through lot sales. Ms. Balmer also recommended that the situation be re-evaluated in a couple of months.

F. Annual appointment of Town Counsel – Fee Schedules

2. Collins Loughran & Peloquin

At Mr. Merriam’s recommendation, Mr. McManus moved to appoint Kopelman & Paige as Town Counsel at an hourly rate of $165 per hour. Mr. Cole seconded the motion. Mr. Piekarski and Mr. Marsland recommended getting more bids next year. The motion carried by a unanimous vote.

At Mr. Merriam’s recommendation, Mr. McManus moved to appoint the firm of Collins Loughran & Peloquin as our labor counsel at an hourly rate of $175 per hour. Mr. Piekarski seconded the motion and the motion carried by a unanimous vote.

Mr. McManus moved to appoint Michael Ford as a special real estate counsel at his preferred municipal rate of $90 per hour and his legal assistance rate at $50 per hour. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

G. Request by Police Chief to approve and sign the Community Policing Grant Application

Chief Mason outlined the purpose of the grant and took questions and comments from the Board. Mr. McManus moved approval of the Community Policing Grant Application. Mr. Piekarski seconded the motion and the motion carried by a unanimous vote.

DISCUSSION ITEMS

A. Selectmen’s Goals

Mr. Cole explained that he had updated the list of Selectmen’s Goals and organized it in spreadsheet form. He invited input from the Board. Mr. McManus recommended separating the tickler items, goals and Town Meeting follow-up items into separate documents. Mr. Piekarski noted his preference to have two lists, one for follow-up items and one for items not yet acted on. Chairman Wilkins suggested having a small number of goals linked to the budget. Mr. Piekarski requested that the date the item is entered be included on the document. Mr. Cole agreed to revise the document in an effort to accommodate the entire Board.

SELECTMEN’S REPORT

The Board discussed recent letters of complaint about the operation of the Treasure Chest and agreed that the Town Administrator should investigate the matter and this item should be added to the action list.

Mr. McManus updated the public on events scheduled for Cranberry Festival weekend.

Mr. Wiegand notified the Board that the Water Department is changing out hydrants and have had a request from Truro for 2 hydrants and from Barnstable for 6 hydrants to use in their school fire programs. Mr. Marsland moved approval of the requests and Mr. McManus seconded the motion. The motion carried by a unanimous vote.

Junior Class President, Alana Coppola, from Harwich High School explained that the class is working with the family of Justin Ramshur and planning events in his honor. She noted that they are talking about renaming the basketball courts at Brooks Park after him as he had a great love of the sport. Chairman Wilkins thanked Ms. Coppola for her efforts and explained that the issue of the basketball court will be discussed at the Recreation and Youth Commission meeting on September 19^th.

Chairman Wilkins moved to adjourn at 9:54 p.m. Mr. Piekarski seconded the motion and the motion carried by a unanimous vote.

Respectfully submitted,