MINUTES
SELECTMEN’S MEETING
GRIFFIN ROOM, TOWN HALL
MONDAY, OCTOBER 1, 2007
7:00 P.M.
SELECTMEN PRESENT: Cole, Marsland, McManus, Wilkins
OTHERS PRESENT: Town Administrator James Merriam, Asst. Town Administrator Nan Balmer, Chief Flynn, David Scannell, Barbara-Anne Foley, Juell Buckwold, Andy Rutter, Richard Waystack, Colleen Springer, 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 were involved in discussions regarding labor negotiations.
WEEKLY BRIEFING
No one appeared before the Board.
PUBLIC INFORMATION
A. Board of Selectmen to introduce and welcome Andy Rutter of Harwich, England
Chairman Wilkins provided background information on our history with our sister town of Harwich, Essex, England. He introduced Mr. Rutter and read a proclamation welcoming him. Mr. Rutter thanked the Board for the generous welcome and conveyed greetings from Harwich, Essex.
Colleen Springer provided photographs of dumping that has occurred by the State contractor working on the Harwich Port sidewalk project on private property across from her place of business, Harwich Laundry, on Doane Road which she pointed out is wetlands. Ms. Springer also noted that they are stockpiling materials there as well. She stated that this is a traffic hazard to people backing out of the facility. Ms. Springer explained that she had called Mr. Chatham, the Conservation Agent, who agreed that the dumping was occurring on this wetland property and then spoke to the project foreman about it but the dumping did not cease. Ms. Springer wanted to go on record that she has reported this, as her laundry business was required to install a water treatment facility and she does not want to be blamed
for water contamination from this activity. Chairman Wilkins assured Ms. Springer that this will be dealt with right away and Mr. Merriam noted that he has already had a discussion with Mr. Chatham and Mr. Hooper of the Highway Department and it is being dealt with. He added that the private contractor will be asked to remove that material.
Mr. Marsland commented that some of the areas of the sidewalk project that abut driveways look like washboards and he requested that it be checked into to make sure this is in compliance.
CONSENT AGENDA
A. Minutes –September 10, 2007 - Regular Meeting
September 10, 2007 – Executive Session
September 24, 2007 – Executive Session
B. Appointments (Interviews on 9/27/07 – list attached)
C. Accept resignation of Francis Worrell from Real Estate and Open Space Committee and Trails Committee
Mr. McManus moved to approve the Consent Agenda and the recommended actions. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.
PUBLIC HEARINGS (7:15 P.M.)
Changes to Fire Department Fee Schedule (continued from 9/24)
Mr. McManus moved to re-open the hearing. Mr. Marsland seconded the motion and the motion carried by a unanimous vote. Mr. Merriam noted that the fee information has been reformatted and includes comparison information with other Towns. Capt. Robert Johnson, Fire Prevention Officer, read a letter he had provided to the Board outlining the proposed fee changes and he took questions from the Board. Mr. Merriam recommended that the Board approve the fees. With no one else appearing before the Board, Mr. McManus moved to close the hearing. Mr. Marsland seconded the motion and the motion carried by a unanimous vote. Mr. McManus moved to adopt the fee schedule as proposed by the Chief of the Fire Inspection Bureau. Mr. Marsland seconded the motion and the motion carried by a
unanimous vote. Capt. Johnson asked the Board to set an effective date for these fees and Mr. McManus moved that the fees become effective no sooner than November 1, 2007 and no later than January 1, 2008. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.
PRESENTATIONS
A. Annual Meetings with the Board of Selectmen
1. By-Law and Charter Review Committee
Ray Jefferson, Chair, outlined the attached report and took questions and comments from the Board.
2. Board of Assessors
Richard Waystack, Chair, outlined the attached report and he and Mr. Scannell took questions and comments from the Board.
TOWN ADMINISTRATOR’S REPORT
Mr. Merriam delivered the following report to the Board:
New Ball Fields
A meeting was held on Monday requested by Dave Nixon to discuss a proposal to build ball fields behind the Community Center. Present were Dave, John Mahan, Link Hooper, Jeff Carter, Dave Ryan, Richard Berube and myself. The proposal calls for two baseball fields with an overlapping multi-purpose field. I asked Jeff Carter to provide an inventory / use schedule to demonstrate whether a shortage of fields exists. Certainly the proximity to Rec programs is advantageous. Dave referenced the Senior Softball tournaments would generate an additional 20 teams if two more fields were available. We also discussed the first phase need to retain a professional landscape architect to design the fields with proper materials and drains, followed with a second phase of construction. We suggested
submitting a Capital Budget request for the following two years. (funding source; i.e. CPC, to be determined) Unlike the first proposal, this project would be town sponsored. The layout has taken abutter concerns into consideration and does not call for lighting. The topographical plans are complete.
Old Rec/ West Harwich Schools
Met with Gerry Loftus in preparation for this coming Friday’s discussion regarding the number of leases for the RFP. That is, whether it is advantageous to solicit proposals for one master developer who would be a turnkey operator who would be responsible for subleasing the existing school buildings, or to issue two leases in which the Town determines who the lessees are for the two school buildings. We still need to resolve the question of whether this ties into the Middle School septic or requires a new on–site system.
Tennis Courts
Jeff Carter reports that the Brooks Park tennis court reconstruction project is complete and will reopen on Saturday, September 28th.
Saquatucket Fuel Tank
Joe Borgesi reports that the tank has been removed and there is no evidence of leakage.
Town Hall Generator
The generator has been wired and is now available and should we lose power, it will run everything except the elevator and AC. As you know, our entire computer system is dependent upon Town Hall’s power supply.
Mr. McManus pointed out that a permit was not obtained from the Historic District Commission for the generator’s structure.
Cemetery Ground Penetrating Machine
Sandwich Selectman Tom Keyes inquired about using our new ground penetrating machine for the 1630 cemetery where headstones were not erected. I’ve conveyed Robbin Kelley’s contact information to Sandwich Town Administrator George Dunham. Robbin expects to be fully trained by mid December and ready to rent this machine to other communities. This is a good example of inter-municipal cooperation.
New Police Station
I met with Chairman Ray Jefferson and both Chiefs to review the current space allocation. Ray is planning to meet with the Capital Outlay Committee on October 4th and offered to meet with the Finance Committee. He’s also providing a Channel 18 show next week. He has also submitted all relevant information regarding the current status of design, as well as plans and minutes to be posted on the Town’s web site for residents to become informed. (Attached is a paper citing Duxbury’s new fire station to cost $8.4 million for 20,383 s.f.)
Agricultural Commission
I met with Chairman John Sennott, whose Commission is interested in locating a parcel of town owned land to utilize for multiple agricultural purposes, including a farmer’s market, community organic garden plots, student horticultural greenhouse and nursery, walking trails, tot lot, dog park and ring for horses, 4-H programs, and other animal care programs. The Agricultural Commission had originally identified the Texeira property as ideal for this purpose and presented their ideas to the Conservation Commission. The ConCom has requested more definitive plans regarding their proposal, so they are now exploring additional parcels which may be under your Board’s control. Please offer any suggested parcels that you think are most appropriate for this proposed use.
Municipal Cabinet
Deputy Commissioner and Director of Municipal Affairs Bob Nunes are conducting a listening tour of his Municipal Cabinet. Bob invited me to join him on October 5th at Barnstable Town Hall. (see attached e-mail for details on his Cabinet attendees and convey any subjects you may wish me to discuss). The Cabinet is chaired by Lt. Governor Tim Murray.
Snow Inn Realty Trust
Attached is a letter from Ben Lynch, Program Chief, Waterways Regulations Program, DEP to Ms. Arlene Wilson regarding Snow Inn’s Ch.91 request for minor modification. The letter calls for public notice as we had anticipated. I invited DEP to your informational hearing. Andrea indicated her willingness to attend if a formal amendment is filed by the Snow Inn Realty Trust.
Ms. Arlene Wilson, who represents Snow Inn Realty Trust, indicated Dr. Fennell’s intent to file an application prior to our October 9th informal hearing. I also invited Ms. Wilson and Dr. Fennell to attend. Ms. Wilson advised me that the original Ch. 91 permit came as a result of the maintenance requirement to the former Clambar pilings which extend into the water. (Prior to the Clam Bar, there was a fish market which pre-dates DEP regulations). There was an eight year appeal whether DEP had jurisdiction. The viewing deck was built to comply with the permit and the local Conservation Commission Order of Conditions was required because the viewing deck extended into the floodplain.
Ms. Wilson indicated that Dr. Fennell had previously proposed parking for Merkle Beach but there was some resident opposition. With the reduced number of condo units built, Dr. Fennell now has extra parking spaces. Ms. Wilson re-iterated Dr. Fennell’s liability concerns with the upper deck.
MMA Calendar Photography Contest
MMA is seeking photos “which make our town unique and historically important part of Massachusetts.” The deadline is October 12th.
Ms. Balmer reported on her activities for the week as well.
ACTION ITEMS
A. Vote to approve 1st Annual Harwich “Miles of Memories” Walk sponsored by the Harwich Council on Aging and Alzheimer’s of Cape Cod & the Islands to be held on October 14, 2007
Mr. Marsland moved to approve the “Miles of Memories” Walk sponsored by the Harwich Council on Aging as outlined in the packet of information that was received. Mr. McManus seconded the motion. Barbara-Anne Foley described the proposed event and reported on the high statistics for Alzheimer’s disease in Harwich. The motion carried by a unanimous vote.
B. Vote to accept gifts made to the Council on Aging
Mr. McManus moved to accept a total of $3,449.40 in gifts deposited with the Town Treasurer to the Council on Aging Gift Account. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.
C. Vote to sign United Nations Day proclamation
Mr. McManus moved to sign the United Nations Day proclamation. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.
D. Vote to approve Contract Amendment regarding the Mass Estuaries Project
Mr. Marsland moved to approve the Contract Amendment regarding the Mass Estuaries Project. Mr. McManus seconded the motion and the motion carried by a unanimous vote.
E. Vote Budget Message
Mr. McManus moved approval and authorization to sign the 2009 Budget Message as prepared. Mr. Marsland seconded the motion and commented that although he does not like Item #5, “Prioritize where additional spending should occur if resources become available and if it becomes so essential that the Board of Selectmen should consider a general override to fund it,” he could vote against it if and when it came up. The motion carried by a unanimous vote.
DISCUSSION ITEMS
A. Selectmen Goals – Larry Cole
Mr. Cole outlined his updated and reorganized list with the Board. The Board discussed the list and Mr. McManus requested that an item be added to remind them to keep abreast of the update of the Town Comprehensive Plan.
SELECTMEN’S REPORT
A. Facilities Naming Policy
Chairman Wilkins requested that the Board review the policy as they need to make sure that when a request comes in it follows the proper procedure. He noted that since the policy requires that requests be referred to the proper board or commission prior to Board of Selectmen approval, then that board or commission must make sure their decision is in compliance with the policy as well. Mr. McManus asked that the policy be sent to the appropriate board or commission when a request comes in.
ADJOURNMENT
Mr. McManus moved to adjourn at 9:20 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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