Town of Harwich Massachusetts - Minutes

SELECTMEN’S MEETING

GRIFFIN ROOM, TOWN HALL

MONDAY, SEPTEMBER 17, 2007

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

OTHERS PRESENT: Town Administrator James Merriam, Asst. Town Administrator Nan Balmer, Chief Mason, Geoffrey Larsen, Jeff Carter, Barbara Anne Foley, David Sadowski, Vahan Kachadoorian, John Mahan, Barbara Bliss, Mary Jo Metzger, and others.

MEETING CALLED TO ORDER at 7:00 p.m. by Chairman Wilkins.

Chief Mason reported on the cooperative efforts of several departments in making the Cranberry Festival’s fireworks a successful event.

Geoffrey Larsen, Building Commissioner, distributed a letter to the Board in which he declared 1055 Oak Street a public safety hazard per State Building Code. He noted that Fire Inspector Robert Johnson also had deemed it a public safety hazard. He requested an order from the Board to conduct a survey of the structural condition of the property. Mr. Larsen took questions from the Board and Mr. Merriam recommended that the Board authorize him to proceed. Mr. Cole moved to order the duly appointed Building Commissioner of the Town to enter the named property and further determine the hazardous nature of it. Mr. McManus seconded the motion and the motion carried by a unanimous vote.

PUBLIC INFORMATION

No one appeared before the Board.

A. Minutes – August 20, 2007 - Regular Meeting

B. Accept resignation of Jean Ann McLaughlin from the Disability Rights Committee

C. Approve Peter Wall as liaison between the Capital Outlay Committee and the Water Quality Task Force

D. Appointment of Armando Dimauro as Constable

E. Approve request for additional Election Officers – Town Clerk

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:

Town Hall Energy Conservation

Barry Worth, John Eldridge and I met with Cape Cod Light Compact representatives regarding the energy systems at Town Hall. They witnessed the simultaneous running of the boiler, the AC units and the electric space heaters, a most inefficient operation. They will issue us a report with recommendations relating to the roof AC units, and address our boiler and lighting systems. They were impressed that we had already appropriated some money and Keyspan has money available for 2007 and CCLC has money available for Harwich in 2008. They have preliminarily recommended that the AC roof units be removed and not replaced, and then we’ll need to temporarily patch the membrane roof and replace the full membrane as a Capital budget request.

Lincoln Hooper has received confirmation from Mass Highway that the sidewalk reconstruction project will resume on September 24^th.

As a follow up to the two complaint letters and your Board’s discussion, please find attached a copy of Link’s e-mail, the Disposal Area’s Regulations adopted by the Board of Selectmen on September 6, 2005, in which dealers are precluded from using the Treasure Chest, as well as the Rules for the use of the Harwich Recycling Area which limits visits to one per day not to exceed 30 minutes. Link is suggesting that these rules be reviewed by the Disposal Area manager and himself, then submitted to the Board for adoption. I have a meeting scheduled next week with Pauline Ashton, Treasure Chest Chairman.

The COA and Disability Rights Committee is exploring a joint application with the Town of Dennis prepared by Alice Boyd. This would be from HUD regarding housing rehab. We have received tentative approval for $6000 for the grant application preparation fee, but I’d proposed sharing that fee and benefit with the Town of Dennis in order to improve our likelihood of funding. Youth and Rec and ConsComm is exploring a land management grant to plant vegetation on our sand dunes at both ends of Red River Beach.

Highway Department- Seasonal Laborers

Treasurer/ Collector Dolly Parkhurst wrote a memo to you with a copy to me regarding three Highway Department positions that have been funded for several years under the Seasonal Laborer classification. With the passage of new legislation pertaining to health benefits, these full time individuals are entitled to benefits. Upon review with the Director of Highways and Town Accountant, two individuals have been approved for receiving benefits and the third has been laid off. There are sufficient funds for the remaining two, one is funded from Cemetery lot sales and is the primary person maintaining our cemeteries, while the second is funded from the Highway budget and is already receiving health benefits through his spouse.

Department Heads meeting

Met with Department Heads and discussed a number of pertinent issues, including my recommendation for By-law employee raises for FY 08 funded from transfers from the Health Insurance line item. Excess monies resulted from an open enrollment in which employees transferred from Master Medical to an HMO or PPO.

Link Hooper has offered to discuss the possibility of his department removing the sand from the site preparations and re-using for sand and salt operations, saving the Town and project considerable money. He will be exploring this option with the Building Committee. I also discussed energy savings of the new building with the Cape Cod Light Compact energy specialists. I provided Alan Mulak, energy engineer and consultant the contact at Kaestle Boos. The timing is perfect to incorporate “green building” savings into the design.

Attorney John Giorgio, as a follow up to your Board’s inquiry regarding any Town Meeting votes, opined that the Conservation Commission should accept an easement of the four parking spaces as a condition of the amended Order of Conditions. Under MGL 40, sec 8c, The Commission can accept a property interest with the approval of the Board of Selectmen. After receiving an inquiry from a local reporter, Dr. Fennell introduced himself and explained why he wanted to exchange the public viewing deck as required by DEP under Ch.91, with the four parking spaces.

The Board had a brief discussion and agreed to place this item on next week’s agenda.

Beach Nourishment / Dredging

Coastal Engineering will appear next Tuesday before the Conservation Commission to discuss their draft 10 year dredging permit. After acceptance locally, the permit application must be forwarded to the Army Corps of Engineers and DEP.

University of Mass Donahue Institute Economic Information dated July 20, 2007

Energy Grants available through federal agency, Boston Globe – USDA High Energy Program 2007 Overview

“Health insurance costs outpace wage increases” Boston Globe, September 12, 2007

“Health coverage rates will rise again” Boston Globe, September 13, 2007

Snow Inn Order of Conditions, Merkel Beach deed, Snow Inn map

PRESENTATIONS (7:15 P.M.)

A. Cable Television Franchise Renewal Discussion

Terry Duenas, Executive Director of the Cape Cod Community Media Center outlined information for the Board on the cable television franchise renewal process (see attached) and took questions from the Board.

Mr. Cole stressed the need for a committee to represent the public more broadly on this issue. Mr. Merriam agreed to advertise for committee members.

B. Annual Meetings with the Board of Selectmen

1. Recreation & Youth Commission

John Mahan, Chairman, reported on the activities of the Recreation & Youth Commission for the year as well as future plans after which he took questions and comments from the Board.

Barbara Bliss, Chair, reported on the activities of the Council on Aging for the year after which Barbara Anne Foley took questions and comments from the Board.

A. Approve Client Fee Agreement regarding cable renewal with Attorney Peter Epstein

Mr. McManus moved to approve of the agreement to employ Peter Epstein, Attorney, to represent us in the hearings and negotiations in renewing our Cable Franchise Agreement. Mr. Marsland seconded the motion. Mr. Piekarski commented that he will not support this as he understands that Kopelman & Paige has an attorney on staff who handles this. Mr. Merriam recommended that the Board approve the contract with Mr. Epstein and stay in the group effort with the other Cape towns. Chairman Wilkins stressed the need for a highly specialized attorney in this area. The motion carried by a 4-1-0 vote with Mr. Piekarski in opposition.

B. Approve letter of support for Pleasant Bay Alliance grant projects

Mr. McManus moved to offer our support and approve a letter supporting the Pleasant Bay Alliance in their request for grant projects regarding the Muddy Creek Wetlands and Habitat Impact Project and the Watershed Fertilizer Management Project. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

Mr. Marsland moved to support the grant application of the Town of Orleans on behalf of Brewster, Harwich and Orleans to the Comprehensive Wastewater Protection Collaborative. Mr. Cole 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 (tabled from 9/10/07)

Mr. Marsland moved to approve and sign the agreement between Fuss & O’Neill and the Town of Harwich regarding the East Harwich Village Project. Mr. Cole seconded the motion. Mr. Merriam recommended the Board’s approval. The motion carried by a unanimous vote.

D. Vote to support Bill S-536 to limit phosphates in household detergents

Mr. McManus moved to support Bill S-536 and send a letter to the legislature expressing our support. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

DISCUSSION ITEMS

A. Selectmen’s Goals

Mr. Cole outlined the document and invited comments from the Board. Chairman Wilkins suggested that Mr. Cole have a discussion with Ms. Balmer regarding the document and areas of responsibility in an effort to develop a framework for a performance management system. Mr. McManus and Mr. Piekarski expressed some misgivings about the document being used for performance management but agreed to wait to see how it evolves. Mr. Cole suggested having a derivative document that would address performance management goals.

Mr. Merriam distributed a draft Budget Message. Chairman Wilkins noted that it will be on next week’s agenda and asked for the Board’s input.

SELECTMEN’S REPORT

Mr. Cole suggested a survey of Town-owned facilities in terms of rooms that can be used for different kinds of functions noting it would be useful to know what our inventory is of spaces and what they can be used for. The Board agreed and it was recommended that the analysis include the school facilities as well as the Old Recreation Building, West Harwich School House and South Harwich Meetinghouse.

Mr. Piekarski moved to adjourn at 9:27 p.m. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

Respectfully submitted,