MINUTES
SELECTMEN’S MEETING
GRIFFIN ROOM, TOWN HALL
MONDAY, NOVEMBER 19, 2007
7:00 P.M.
SELECTMEN PRESENT: Cole, Marsland, McManus, Piekarski, Wilkins
OTHERS PRESENT: Town Administrator James Merriam, Asst. Town Administrator Nan Balmer, David Scannell, Dick Flink, Bill Doherty, Tom Gould, Ginny McCann, Terry Canavan, Tony Pagliaro, Cathy Comeau, Sheila House, Mike Lach, 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
No one appeared before the Board.
PUBLIC INFORMATION
Dick Flink read a statement to the Board in which he disputed recent Town Counsel’s opinion on the responsibility for the operation of the Golf Course as well as the Golf Director’s job description, noting that in his determination Town Counsel’s opinion is in direct conflict with the Town Charter.
Bill Doherty, member of Town of Barnstable Human Services Committee, provided applications forms for the “Operation in from the Street Program” which he noted is for people who require immediate assistance.
Tom Gould, Chairman of the Health Insurance Advisory Committee, read a letter to the Board regarding the Committee’s recommendations (see attached).
Nancy Townshend of 208 Bank Street read a statement indicating that she is in support of the preservation of the parcels of land behind the Harbormaster’s Building on Bank Street and that she wants this Building added to the recommendation.
CONSENT AGENDA
A. Approve Minutes – October 29, 2007 Regular Meeting
B. Approve Minutes – November 13, 2007 – Executive Session
C. Approve renewal of Animal Rescue League Contract
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.
PRESENTATIONS (7:15 P.M.)
A. Flex Bus Update
Bill Doherty, Harwich’s representative to the Cape Cod Regional Transit Authority, outlined documents he had provided to the Board in which he described the status of the Flex Bus operation (see attached). He took questions and comments from the Board.
B. Annual Meetings with the Board of Selectmen
1. Disability Rights Committee
Ginny McCann delivered the annual report of the Disability Rights Committee and took questions and comments from the Board.
2. Human Services Committee
Tony Pagliaro delivered the annual report of the Human Services Committee and took questions and comments from the Board.
3. Youth Services Committee
Cathy Comeau delivered the annual report of the Youth Services Committee and took questions and comments from the Board.
TOWN ADMINISTRATOR’S REPORT
Mr. Merriam delivered the following report to the Board:
Sale of Land Parcels
Dave Scannell and Mike Ford have identified problems with remaining 3 parcels and to defer selling at this time.
County Dredge
Wayne Jaedke is expected to start dredging the entrance channel of Saquatucket around November 26th. Approximately 5,500 cy will be pumped over to Red River Beach at $11/ yard.
Bank Street Property
The following three contiguous parcels are recommended for transfer by Town Meeting from the Board of Selectmen to the care and custody of the Conservation Commission:
23/ C-2 4.5 acres (parcel to east of 3 Bank Street parcels and fronting on Gorham- eminent domain taking by BOS in 2003)
32/R7-A 2.48 acres (parcel to rear of Harbormaster building with 3 wetlands) (parcel much smaller than what I conveyed to you last week)
32/R7-B .45 acres (cul-de-sac)
Total 7.43 acres
Group Health Insurance
I attended the CCMHG Steering Policy Committee meeting in Sandwich. Our BC data for Calendar 06 is favorable such that CCMHG would accept Harwich without a premium surcharge. BC will update data through October by next Wednesday. CCMHG wants our decision by January 15th in order to meet their rate setting time frame. I also attended the Ch.32B meeting where Cook and Co. provided a cash flow showing a current surplus of $564,395 of revenues over costs.
Capital Outlay Committee
The Committee met with Tom Leach to review the Waterways requests in more detail.
911 Board
I attended the SETB at Framingham SP on November 13th. We’re starting to contemplate allowing communities to accept wireless calls directly rather than sending them first to the State Police at Framingham, Middleboro or Southampton. Our first vote was the wireless calls in the tunnels will be directed to Boston PD.
ACTION ITEMS
A. Appoint Bruce Nightingale to Board of Assessors
Mr. McManus moved to appoint Bruce Nightingale to a 3 year term to the Board of Assessors. Mr. Cole seconded the motion and the motion carried by a unanimous vote.
B. Town Administrator’s recommendation on Bank Street Property
Mr. Merriam presented a map that was provided by the Town Engineer of the subject property. Mr. Scannell answered questions from the Board. He stated that the paper road only exists on the plan and that the parcels and are combined for the reason of creating one tax bill for the purpose of recordkeeping. He added that all the land came from the same title and owners. Mike Lach stated with regard to the adjacent property that the Harwich Conservation Trust Board of Trustees are working on the next phase of the decision making process regarding agricultural options. John Sennott, owner of Cedar Swamp bog on Bank Street, said there is a river running through the bog from Grassy Pond to Saquatucket Harbor and has been declared by the state as such and he confirmed that there is no growing or
harvesting at this time. Mr. Scannell confirmed that the paper road is part of the back parcel. Mr. McManus asked if it could be attached to the parcel that the old firehouse is on and Mr. Scannell responded that it could be if that is what the Board wants but it depends on what the configuration and potential uses are. Mr. McManus stressed that if the back parcel is held for conservation land then appropriate parcels should be separated out to provide parking for people to utilize this land.
With respect to Parcel 1, Mr. Cole moved to accept the recommendation and retain in Town ownership under the control of the Board of Selectmen and that if and/or when the parcel uses do not continue that its future use can be revisited. Mr. McManus seconded the motion with the request that Mr. Cole add language to his motion to have the straight portion of the paper road attached to that parcel. Mr. Cole did not agree to Mr. McManus’ request and noted that it would eliminate access to the back parcel. Mr. Piekarski seconded the motion for discussion. Mr. Piekarski stated that Parcel 1 contains the firehouse and he would like to see Town sell it at the highest value. He added that he is not in favor of selling Parcels 2 and 3 and wants to retain the paper road for Parcel 2 as parking for
the conservation area. Mr. Marsland commented that he would be more inclined to subdivide Parcel 1 and sell one 40,000 sq. foot home site for fair market value. He stated that he is not in favor of selling Parcel 2 or 3 and would be more inclined to hold them for conservation purposes. At this point, the public was invited to view the Town Engineer’s map.
Mr. Cole clarified his motion based on the new map as follows: That with regard to what is labeled 1 on the map and colored pink and in the report to the Board from the Town Administrator it is referred to as Parcel 1, that is the parcel of land which currently contains the former fire station, to accept the Town Administrator’s recommendation to retain that in Town ownership under the control of the Board of Selectmen and with the further implication that if and when the parcels uses change then its future disposition can be revisited. Mr. Piekarski seconded the motion. Mr. Marsland moved to amend Mr. Cole’s motion to include the paper cul-de-sac. The motion was not seconded. Mr. Cole indicated that he would like to see Parcel 2 sold with the proceeds going to affordable housing
or that the parcel be used for affordable housing. The Board took comments from the public. Tom Leach commented that they are using non-toxic paint on their vessels as is the entire fishing fleet in an attempt to improve any toxicity issues. He commented that the facility is a five-bay workshop and they need all five. He stressed that they are a very important department and this facility is in a prime location for them. Gerry Loftus cautioned against a rush to judgment and urged a meeting with all interested parties to encourage a more open discussion. The motion carried by a unanimous vote.
Mr. McManus moved to ask staff to prepare an article for the upcoming Annual Town Meeting to transfer the green Parcel 3 and the yellow Parcel 2, absent the paper road, for conservation purposes. Mr. Marsland seconded the motion and the motion carried by a 3-2 vote with Mr. Cole and Mr. Piekarski in opposition.
C. Schedule public hearing on Harbor Management Plan
Mr. Leach distributed a draft of definition changes to the Harbor Management Plan as well as the Marine Fee Schedule which he noted has a slight change. Mr. Leach took questions from the Board. Mr. McManus moved to hold a public hearing on December 17, 2007 to hear recommendations on amending the Waterways Management Plan and Marine Fee Schedule. Mr. Cole seconded the motion and the motion carried by a unanimous vote.
D. Award contract for HEA Classification and Compensation Study
Mr. Piekarski moved the Assistant Town Administrator’s recommendation to award a contract for a classification and compensation study to MRI, Inc. of Meredith, NH at a cost not to exceed $18,000 pursuant to Article 56 of the last Annual Town Meeting. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.
DISCUSSION ITEMS
A. Charter Review Process
1. Role of the Board of Selectmen
2. Role of the Charter Review Committee
Ray Jefferson updated the Board as to the Charter review process noting that they gather input from all departments, board and committees. He pointed out that two years ago Town Meeting approved the Charter revisions and that the Charter and By-Laws are required to be reviewed every five years. He noted that we are currently awaiting codification of the Charter and By-Laws. Mr. Jefferson confirmed a statement by Mr. McManus that aside from the comprehensive review, the Charter does call for an ongoing review by the By-Law/Charter Review Committee. Chairman Wilkins explained that the purpose of this item being on the agenda was to make sure the Board understands the process. Mr. Jefferson noted that any changes the Board may want to make should be addressed through the By-Law/Charter Review
Committee.
B. Housing Trust Fund – Allowable uses
Mr. Merriam reviewed Town Counsel’s opinion noting that Attorney Giorgio will be forwarding more information on this topic. The Board discussed the history and management of the fund. Mr. McManus suggested that with regard to the organization of the fund that our next step is to ask our state representative to carry special legislation to create the fund that we want. Mr. Piekarski asked that the financial team come back to the Board with a proposal for a best course of action for the money we have and any future monies.
C. Health Insurance – Town Counsel Opinion
Mr. Piekarski stated that health insurance is a generous benefit offered to elected officials and he would like to see that changed and Mr. Marsland agreed that it needs to be looked at. The Board agreed to place this item on the agenda for action and notify the affected elected officials.
SELECTMEN’S REPORT
A. Selectmen’s Rules of Operation
The Board agreed to bring this item back next week.
Mr. McManus brought up the upcoming Christmas and New Year’s holidays after which Mr. Marsland moved to have the two weeks off. Mr. Piekarski seconded the motion and the motion carried by a unanimous vote.
Mr. Cole and Mr. McManus suggested changes to the Demographics Study request which were noted by Mr. Merriam.
ADJOURNMENT
Mr. Cole moved to adjourn at 10:18 p.m. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.
Respectfully submitted,
Ann Steidel
Recording Secretary
| 
