MINUTES
SELECTMEN’S MEETING
GRIFFIN ROOM, TOWN HALL
MONDAY, NOVEMBER 5, 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, Det. Culver, Karen Stello, Jennifer Thyng, Tony Pagliaro, George Boulé, Dean Hederstedt, John Prophet, 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 for the purpose of contract negotiations.
WEEKLY BRIEFING
Detective Culver reported on the effects and damage in Town from Tropical Storm Noel. He reported that the police station’s radio tower had fallen which caused damage to the Animal Control Officer vehicle. He stated that there was major flooding in the basement of the Police Station which damaged equipment and they lost roof shingles as well. He added that the Community Center lost siding and trim. Detective Culver stressed the need for a Town-wide alert system. He took questions from the Board. Chief Mason and Chief Flynn commented on the significant call volume as well as the great team effort of the Police, Fire and Highway Departments.
Chairman Wilkins asked Mr. Merriam to prepare for the Board a full assessment of the extent and degree of damage done to the Town of Harwich from this incident and he suggested that Mr. Merriam request this same information from our neighboring towns as there is a message that now needs to be sent to Boston. He added that if there is assistance out there, we should be seeking it. He thanked all who contributed in this effort.
PUBLIC INFORMATION
Chairman Wilkins noted that the Veteran’s Day Ceremony will be held at Island Pond Cemetery on November 11, 2007 at 11:00 a.m. and invited all to attend.
CONSENT AGENDA
A. Approve Minutes –
1. October 15, 2007 - Regular Meeting
2. October 22, 2007 – Regular Meeting
3. October 29, 2007 – Executive Session
B. Request for assistance from the Caleb Chase Fund
Mr. McManus moved approval of the Consent Agenda and the recommended actions thereon. Mr. Cole seconded the motion. Mr. Marsland requested to remove Item A2 from the Consent Agenda and Mr. McManus agreed. The motion carried by a unanimous vote. Mr. Marsland moved approval of the October 22, 2007 minutes with a change of text on page 4 from “David Purdy” to “Larry Brophy.” Mr. Piekarski seconded the motion and the motion carried by a unanimous vote.
PRESENTATIONS
A. Annual Meetings with the Board of Selectmen
1. Historic District Commission
Bob Bradley, Chairman, delivered the annual report of the Historic District Commission and took questions and comments from the Board.
2. Historical Commission
Alex Todd, Chairman, delivered the annual report of the Historical Commission and took questions and comments from the Board.
3. Brooks Academy Commission
No one appeared before the Board.
TOWN ADMINISTRATOR’S REPORT
Mr. Merriam delivered the following report to the Board:
Economic Summit
Selectmen Wilkins, McManus, Marsland and Cole, School Building Needs Committee Chair Allin Thompson and I attended an Economic Summit on October 26th. Keynote speaker was Peter Francese who provided an interesting study of Cape demographics. Also presenting was Secretary Dan O’Connell from the Executive Office of Housing and Economic Development, who introduced the Home at Last Program. This is an employer assisted housing program. Peter Francese would like to perform demographics Capewide rather than Harwich individually. A packet of information is available in my office.
Memorial Awards for Bravery
I joined Chief Mason and Police Department staff in honoring Officer Robert Hadfield at a Statehouse Ceremony on October 29th. In your correspondence is a copy of the Trooper George Hanna program which was presented by Governor Patrick and EOPS Secretary Kevin Burke.
Affordable Housing
Sue Leven and I met with Gerry Loftus to address various housing initiatives including Willow St., State owned land off Route 28, local builders initiative to construct affordable units, and preparing an RFP for a housing needs assessment. Gerry also provided a copy of his meeting last Friday with the Municipal Coalition for Affordable Housing in Westborough.
Stonewood Products
Attached is a Cape Cod Commission Notice to close a pro forma hearing on November 13th. I was able to speak to Paul Niedzwieki for a follow up to our meeting. He has met with staff and has recommendations for Mr. Baroni.
Merkle Beach
The Town Engineer’s Office has completed the survey and it’s in last week’s correspondence. They recommend that Snow Inn Road is too narrow for parallel parking.
FY 09 Budget
Departmental requests are due in my office on November 2nd. Attached is the schedule.
The FY 09 budget will reflect new cost centers, including Information Technology, Vehicle and Building Maintenance. The School Administration has provided me with a copy of their budget recommendations (up 12.4%) to the School Committee. The Agricultural Commission and the Harwich Taxpayers Association have requested monies for FY 09.
By-Law Department Heads
Attached is a letter from Department Heads informing me of the tradition of budgeting for extra days above 52 weeks. This Harwich tradition is different than my previous experience in which every year has greater than 52 weeks and annual salaries are paid exactly for the fiscal year.
BOS meeting Schedule
Given that Veterans Day will be celebrated on Monday, November 12th, I ask you to cancel that week’s meeting. This will be an opportunity for Administration to start reviewing the FY 09 budget requests.
Keyspan
Staff met with Keyspan officials to discuss the Phase 2 design from Great Western Road to Depot and Main Streets. This installation is scheduled for the Fall of 2009. The East Harwich end is scheduled for 2011-2012, depending upon demand. Keyspan officials were receptive to staff’s input. Keyspan proposes to install a new 12 inch trunk next to the existing 10 inch mains at the same 200lbs.
Pleasant Bay
EPA has approved the DEP proposed Total Maximum Daily Loads (TMDL) for Nitrogen.
Caleb Chase
Based upon the history of interest earnings of approximately $6500 annually, Dave Ryan and I recommend that the maximum spending limit be reduced from $700 to $500 in order to serve more clients.
Capital Outlay Committee
Tom Leach presented a detailed spreadsheet of Capital Budget requests which was reviewed with the Committee on November 1st. He and the Waterways Committee were commended for such a comprehensive submittal. Capital Outlay will work to refine the recommendations.
Commander
Harbormaster Tom Leach has reported that the Commander has been repaired and is awaiting its return. Unfortunately, the engine replacement required substantial additional work which resulted in a supplemental invoice of $23,792.96. Attached is a memo from Tom which provides the explanation and a proposed funding source.
Mass Highway Hearing
Mass Highway has scheduled a public hearing for Thursday, November 8th at 7pm in the Griffin Room for the public’s input relative to the proposed intersection improvements at Route 124, Pleasant Lake Avenue and Queen Anne Road.
Veterans Day Ceremony
Attached is the flyer describing the event on Sunday, November 11th at 11am at the Island Pond Cemetery. The program is introduced by Norm Gill, invocation and benediction by Deacon Vinnie Walsh and Guest Speaker Larry Cole.
Flu Clinic
This year’s flu clinic is scheduled for Tuesday, November 27th between 2-6pm at the Community Center. Paula Champagne has 800 doses which was based upon last year’s distribution of 450 doses. Lee Culver will assist as a practice emergency drill.
The Board agreed to meet on November 13, 2007 as three committees have already been scheduled to deliver their annual reports on that date.
ACTION ITEMS
A. Request by Cultural Council for extension on use of former Recreation Building
John Prophet requested an extension of the use of the former Recreation Building as stated in his letter to the Board. Mr. McManus asked if the Cultural Council had continued their discussion on creating a fee schedule and Mr. Prophet responded that they are working on getting one in place before the first event. Mr. Cole moved approval of the request for an extension to use the Recreation Center at 265 Sisson Road. Mr. McManus seconded the motion. Mr. Marsland pointed out that as a result of the RFP process, at some point a developer will be retained and will take control of the site. Mr. Cole amended his motion to include the language “subject to not detracting from planned development.” Mr. McManus requested that the fees be brought to the Board for approval. The
motion carried by a unanimous vote.
B. Agreement with Director of Golf/cancellation of Pro Shop Contract
Mr. Merriam explained that legal opinions received from the State Ethics Commission relative to the existing contract between the Town and the Director of Golf for the Pro Shop, have indicated that a municipal employee cannot also hold a vendor contract. He noted that the State Ethics Commission originally gave us until the first week of August to cancel the contract and we sought an extension, which was granted, until November 12, 2007. He reported that Town Counsel has prepared an agreement to be executed by the parties terminating the contract on November 12, 2007 and the Board has voted to sign the agreement. Mr. Merriam further explained that this afternoon Mr. Hoye executed the agreement and brought it to the Golf Committee meeting.
Tony Pagliaro confirmed that Mr. Hoye brought the document before the Golf Committee but the Committee had voted tonight not to sign it because they had many questions. He questioned why the document refers to the Golf Commission rather than Golf Committee. Mr. Pagliaro expressed concern that the language puts the Golf Committee solely on the hook for this document and Mr. Merriam responded that the Board of Selectmen have voted and signed the document. Mr. Pagliaro questioned where the $3,000 settlement would come from and Mr. Merriam recommended that it come from the golf budget. Mr. Pagliaro inquired about the Director of Golf’s step increase and Mr. Merriam responded that they are trying to address the findings of the Ethics Commission by canceling the contract and this has triggered other
personnel matters which are separate and distinct and have already been addressed in a separate document. Mr. Pagliaro stated that he personally could agree to sign the document if #2 were omitted. He stated that he has a problem with where the money is coming from as well as lack of language referring to the Selectmen in the first paragraph. Mr. Cole inquired about adding the language to the first paragraph and Mr. Merriam responded that it could be amended to include both the Golf Committee and the Board of Selectmen. Mr. Merriam also pointed out that the document refers to the Golf Commission rather than the Golf Committee because the language was extracted from the existing contract. Mr. Cole remarked that if it is simple to amend and clarifies the issue for the Golf Committee then they should consider it. Mr. Merriam suggested adding the language “represented by and through the Board of Selectmen and the Harwich Golf Committee.” Mr. Marsland suggested adding “formerly Harwich Golf Commission” and changing the Golf Commission to Golf Committee at the bottom of the document. The Board agreed to seek Town Counsel opinion on the suggested language changes. Golf Committee member Jeff Driscoll questioned why the Golf Committee did not have input into the document if they are ultimately responsible. Mr. Cole responded that the Golf Committee is agreeing to the document and is not responsible for it. Mr. Driscoll reiterated that they should have been asked for input and Mr. Piekarski responded that the Golf Committee has had quite a bit of input as there have been plenty of meetings with regard to this subject. George Boulé stated that the Golf Committee will not sign if the settlement money is to come from the golf operating budget especially since they expect there to be another payment as well. He stated that they don’t have
any extra money and if they had been asked they would have recommended going to the Finance Committee for the settlement money. Dean Hederstedt suggested changing “cancellation” to “termination” in the second paragraph to conform to the rest of document. Mr. Boulé stressed that this is an unforeseen cost that was not budgeted for and Mr. Merriam responded that it is coming from the operating budget because it is available today and we have an obligation to terminate the contract today and pay for the particular language in the agreement with regard to the severance irrespective of whether or not we have money in the operating budget. He suggested that later in the year the Golf Committee can go before the Finance Committee and seek supplemental funding. Mr. McManus pointed out that settlements come from the legal budget and Mr. Ryan commented that traditionally he has never used it for that but if it were a court order he would
put it on the recap sheet. He agreed with the Town Administrator that it should come out of golf budget and in the event that there is a shortfall they can go to the Finance Committee. Mr. Pagliaro commented that he has no faith that the Finance Committee will entertain any more requests for the golf course. Mr. Cole responded that he has every faith that the Town Administrator and Town Accountant will go to the Finance Committee if there is a shortfall. Mr. Cole moved to approve this contract termination, accepting Mr. Hederstadt’s editorial suggestion that we replace “cancellation” in the second paragraph with “termination,” and with the understanding that the Town Administrator will review the language suggestions that have been made regarding the incorporation of the Board of Selectmen in that first paragraph or other appropriate location with Town Counsel and that the appropriate language will be incorporated. Mr.
Marsland seconded the motion. Mr. Piekarski requested that the motion be amended to include that the $3,000 would come from the operating budget of the golf department. Mr. Cole and Mr. Marsland agreed to accept the amendment. Mr. McManus requested that the Town Administrator contact Town Counsel and the Ethics Commission to ask what the effects are of the Golf Committee not signing the document. Mr. Piekarski requested that he inquire about the recourse as well. The motion carried by a 4-1-0 vote with Mr. McManus in opposition.
C. Letters from Golf Committee
Chairman Wilkins explained that the legal opinions have been received in response to the Golf Committee’s request as stated in their letters to the Board and he invited comments from the Golf Committee. Mr. Pagliaro stated that he has read the opinions and believes some of the answers to the questions were incomplete such as the answer regarding Pro Shop alternatives. He stated that based on these opinions and on other conversations with the Town Administrator and Board of Selectmen, the Golf Committee can only conclude that full power and responsibility to operate the facility rests with the Town Administrator and ultimately, since he serves at the pleasure of Board of Selectmen, the responsibility lies with the Board of Selectmen. He stated that he does not believe that the will of the people has
been served here or is being served and that the people who originally set up the facility, set up the Golf Commission at the time for specific reasons one of which was to keep politics out of the operation. He added that he can see future boards taking this precedent and turning Cranberry Valley into a political football.
Mr. McManus stated that he can appreciate the feelings of the Golf Committee that things aren’t the way they used to be but the entire structure of the Town is not the way it used to be when the Golf Committee was founded. He pointed out that at the time there was a full-time Board of Selectmen who had more responsibilities and committees took a greater hand in operating Town facilities but since that time the Town voted to move to a part-time Board of Selectmen and hire an administrative officer and with that there has been changes in the level of responsibilities of many committees.
Mr. Cole questioned if there would be an opportunity for the Golf Committee to provide input on the Director of Golf’s job description and Mr. Merriam responded that there certainly have been discussions with individual members of the Committee over the past several months. Chairman Wilkins stressed that there was potential litigation from the outset and they were limited on the discussions they could have. He stated that this is a personnel issue and as such is under the purview of the Town Administrator.
In response to Mr. McManus’ comments, Mr. Pagliaro pointed out that the Charter hasn’t kept up with the evolvement of the structure of Town government therefore causing misunderstandings and he suggested that this be addressed at Town Meeting. Mr. Boulé stated that he believed that the Golf Committee would have had more input into the questions that were posed. He pointed out that with regard to supervision, the proposed employment agreement contradicts the Charter and this needs clarification. Chairman Wilkins remarked that he went to great lengths to make sure the Golf Committee’s questions were answered and Mr. Boulé responded that this issue came up after the fact. Chairman Wilkins also noted that some department heads do report to two masters such as the Town Planner
and Health Director. The Board took no action on this item.
The following two agenda items were discussed together:
D. Affordable Housing Special Revenue Request by the Harwich Housing Authority
DISCUSSION ITEMS
A. Affordable Housing Special Revenue Fund Guidelines – responding to emergency housing request
Jennifer Thyng explained that the Housing Authority came up with this proposal after a member of the public came before them at a regular meeting and indicated that there were a lot of individuals, one in particular, who are in crisis in Town. She asked to bypass the fund guidelines requiring two consecutive votes in order to get some money to help these people now. Ms. Thyng described the proposed program and eligibility guidelines as well as costs in response to this need and asked for the Board’s support.
Mr. Cole stated that he is not prepared to rush the procedures in order to establish this rental voucher program until he has some idea of the magnitude of the problem and how to deal with emergencies separate from a rental assistance program. Ms. Thyng indicated that she would get some numbers together. She pointed out that the Housing Authority has closed their waiting list as they cannot meet the need and she cited some client statistics from Lower Cape Outreach noting that Harwich receives the most assistance from that agency.
Mr. Marsland stated that he has an issue with both the emergency expenditure and the attempt to secure CPC funds. He explained that he had spoken to a representative from the Department of Revenue Legal Department who indicated that municipal funds must be for municipal benefit and it was their opinion this was not creating affordable housing or getting us up to the 10% we need and also CPC funds were not intended to subsidize individuals. Mr. Marsland urged further research on this.
Ms. Thyng disagreed stating that CPC funds can be used for any housing purpose and added that they are not asking for a decision on CPC funds. Mr. Marsland stressed that he wouldn’t support giving out seed money from the Affordable Housing Special Revenue Funds if CPC funds are not an allowable use for this purpose.
Mr. Loftus stated that the Housing Committee met earlier this evening and took a vote to support the Harwich Housing Authority in its request to the Board of Selectmen for the rental voucher program as a short term solution to the affordable housing crisis this winter with the expectation that the Board of Selectmen will work with the Harwich Housing Authority and Housing Committee to support longer term solutions. He noted that the vote was 3-1.
Ms. Thyng characterized this as a short term solution to get through the winter and if there is a problem getting CPC funds they will deal with it then. Mr. Cole stressed that he needs to know what “get through the winter” takes. He pointed out that $50,000 is an arbitrary figure. Ms. Thyng agreed that it is arbitrary and added that they could have asked for a lot more but didn’t want to wipe out the fund. The Board asked questions of Mr. Ryan regarding managing the funds.
Chairman Wilkins stated that he sees this as a pilot program and he would like to see the proposal expanded to include objectives and an evaluation instrument in an effort to work with the Housing Committee to gather data to ascertain how we assist families to get back on their feet. Mr. Cole pointed out that there have already have been studies done on this and stressed that this is short term only.
Mr. McManus moved to approve of the Harwich Housing Authority’s proposal to establish a rental assistance program to serve the short term needs of this coming year and to commit to working with the Housing Authority and Housing Committee to evaluate the results of that program and look for additional solutions of a longer term nature. Mr. Cole seconded the motion for discussion purposes. He asked if the Board has to vote on the same language next time as he had questions on the enforceability of eligibility criteria on the connection to the Town of Harwich. Mr. Merriam responded that only the approval of expenditure has to be a consecutive vote.
Mr. Piekarski stated that 14 day notice requirement to Housing Committee would have to be waived and also this proposal does not plan, develop or administer affordable housing as the policy requires.
Mr. McManus remarked that it is obvious that the Housing Committee has met and discussed the matter and given that he made motion to suspend the rule requiring the 14 day requirement prior to consideration by the Board of Selectmen. Chairman Wilkins seconded the motion. The motion carried by a unanimous vote.
Mr. McManus’ original motion failed on a 2-2-1 vote with Mr. Piekarski and Mr. Marsland in opposition and Mr. Cole abstaining from the vote. Mr. McManus pointed out that only Mr. Piekarski and Mr. Marsland can bring this issue up for reconsideration in the future and Mr. Piekarski said that when Mr. Cole is comfortable that he has received the information requested, he has no problem bringing this up again. Mr. Cole asked that Mr. Merriam have Town Counsel review the proposal.
B. Caleb Chase Fund Guidelines
Mr. Cole moved to accept the Town Accountant’s recommendation in the Town Administrator’s report to reduce the maximum amount from $700 to $500. Mr. Marsland seconded the motion. Mr. McManus suggested that they get a history of Caleb Chase requests and distributions. He stressed that they should not set a level of payment that is insufficient to avoid shutoffs and he urged the Board to look closely at this. Mr. Cole withdrew motion and suggested they postpone this item until they can get the data.
C. Town-owned parcels of land remaining from RFP
Mr. Marsland moved to approve that the Town Administrator put out Request for Proposals for the sale of the remaining parcels of property which would be parcel 2, 3 and 5. Mr. Cole seconded the motion. Mr. Loftus and Ms. Leven provided details on the parcels and Ms. Leven noted that there are no roads to the Belmont Road parcel. She suggested looking at the subdivision plan for the Belmont Gardens parcel as this parcel may have been absorbed into that subdivision.
Mr. Piekarski moved to extend the meeting for 15 minutes. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.
Mr. McManus made a substitute motion to refer this back to staff to answer some of the questions that have been raised. Mr. Marsland seconded the motion. Ms. Leven pointed out that there is only so much staff can do from a zoning standpoint. She commented that we reach a point where the Town has to commit funds to this in order to determine whether a property can be developed and if we truly want to sell it there is a choice of pricing it so that someone else takes on that headache or facing the possibility that you can’t price it at what you would like. Mr. Marsland pointed out that these parcels have all been reviewed and urged the Board to try re-bidding the parcels with the minimum price being the assessed value.
Mr. Marsland’s motion carried by a 4-1-0 vote with Mr. McManus in opposition. Mr. McManus’ substitute motion was not considered for a vote.
D. Review Benchmarking proposals
Mr. McManus requested an opinion from Town Counsel on whether either of the two Benchmarking Study proposals that were submitted are valid as they didn’t meet the delivery specifications as stated in the RFP as they arrived by e-mail instead of in two sealed envelopes as indicated. The Board agreed that the Benchmarking Study should be re-bid.
SELECTMEN’S REPORT
A. Nominations of Hall of Fame/Guidelines
B. Discussion vs. Action Items Agenda
C. Committee presentations
D. Meeting frequency – extending summer schedule, flex schedule for work sessions
E. Action Form
F. BOS Goals – addressed through agenda
The Board agreed to take up these items next week.
ADJOURNMENT
Mr. Cole moved to adjourn at 10:35 p.m. Mr. Piekarski seconded the motion and the motion carried by a unanimous vote.
Respectfully submitted,
Ann Steidel
Recording Secretary
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