Town of Harwich Massachusetts - Minutes

SELECTMEN’S MEETING

GRIFFIN ROOM, TOWN HALL

MONDAY, JANUARY 28, 2008

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

SELECTMEN ABSENT: None

OTHERS PRESENT: Town Administrator James Merriam, Asst. Town Administrator Nan Balmer, David Ryan, Susan Leven, John Chatham, Cathleen Connell, Alice Boyd, and others.

MEETING CALLED TO ORDER at 7:00 p.m. by Chairman Wilkins. Mr. Cole requested a moment of silence on the passing of Anne Anderson who had served as Chair of the Local Partnership for Economic Development and was active in the Chamber of Commerce and HECH.

No one appeared before the Board.

PUBLIC COMMENT/ANNOUNCEMENTS

At Mr. McManus’ request, Mr. Chatham responded to a letter from the Chair of the Housing Committee in which he made reference to the amount of buildable land that is available at the property behind the former fire station. Mr. Chatham outlined the history and results of delineation studies on the parcels and commented that to say we have 7.5 acres is a misstatement. Mr. Merriam reported that other staff members have looked at the parcels as well. Chairman Wilkins explained that this was referred to the Conservation Commission and their determination was brought back to the Board of Selectmen. He stated that within the purview of the Board of Selectmen, Conservation Commission and Town Administrator’s responsibility, this has been referred to Town Meeting to make a decision based on the evidence provided.

A. Approve Minutes –

1. January 14, 2008 Regular Session

2. January 22, 2008 Executive Session

B. Approve recommendation of Capital Outlay Committee to appoint Christopher Harlow as liaison to Citizens Advisory Committee

C. Approve 2008 annual renewal of Common Victualler and Automatic Amusement licenses for Seafood Sam’s

Mr. Cole moved to approve the Consent Agenda and the recommended actions thereto as contained in the agenda, contingent on the following changes: 1) on page 2, paragraph 2 of the January 14, 2008 Regular Session minutes the last sentence should stop after “12:00 p.m.” and on page 5 change “summer flow” to “summer population,” and 2) in the January 22, 2008 Executive Session minutes strike the word “under” from the third paragraph from the bottom. Mr. McManus seconded the motion and the motion carried by a unanimous vote.

PUBLIC HEARINGS/PRESENTATIONS (7:15 P.M.)

A. Transfer of Annual, Innholders, All Alcoholic Beverages License from Cape Cod Claddagh Inn and Tavern, Inc., Anthony Annaruma, Manager to Cape Cod Claddagh Inn and Irish Pub, Cathleen Connell, Manager

Mr. Piekarski read the hearing notice into record. Chairman Wilkins opened the hearing and called for public comment. No one from the general public appeared. Cathleen Connell introduced herself as the new manager of the Cape Cod Claddagh Inn and Irish Pub and turned in the abutters cards. Mr. Merriam confirmed that all the cards were accounted for. Mr. McManus questioned whether the answer in the application should be yes to question 14C, “Has any person or entity named in Questions 14 ever held a license for a beneficial interest in a license issued under Chapter 138 which is not presently held?” Ms. Connell confirmed that it was an error and agreed to change the answer on the application in the Town Administrator’s Office. Mr. McManus moved to close the Public Hearing. Mr. Cole seconded the motion and the motion carried by a unanimous vote. Mr. McManus moved to grant the application for a transfer of liquor license from Anthony Annaruma, Manager and Owner of the Cape Cod Claddagh Inn to Cathleen Connell who will be the new Manager of the Cape Cod Claddagh Inn subject to the correction on the application. Mr. Cole seconded the motion and the motion carried by a unanimous vote.

A. Update from Bailey Boyd Associates on FY08 Small Cities Housing Rehabilitation Grant

Ms. Boyd reported that over 100 Harwich residents have signed a pre-application for a housing rehabilitation program in the Harwich Center area. She explained that the grant provides 0% deferred payment loans for up to $30,000 for income qualified homeowners in need of home repairs and covers items such as window replacement, insulation, roofs, septic systems and furnaces. Ms. Boyd took questions from the Board.

B. Approve signing of union contracts:

1. Harwich Employees Association

Mr. McManus moved to approve the contract agreement between the Harwich Employees Association and the Town of Harwich. Mr. Cole seconded the motion and said he would like to see the pay scales reflect that they are hourly rates. The motion carried by a 4-1-0 vote with Mr. Piekarski in opposition.

2. Harwich Police Federation

Chief Mason explained that in reformatting the contract document he had omitted the word “parent” on page 13 under “Bereavement Leave” and on page 22, section D he had omitted “for each shift of 4 or more hours” and he will make the changes. Mr. McManus moved to approve the contract agreement between the Harwich Police Federation and the Town of Harwich. Mr. Marsland seconded the motion. The motion carried by a 4-1-0 vote with Mr. Piekarski in opposition.

3. New England Police Benevolent Association (Superior Officers)

Mr. McManus moved to approve the contract agreement between the Harwich Police Superior Officers Association and the Town of Harwich. Mr. Marsland seconded the motion. The motion carried by a 4-1-0 vote with Mr. Piekarski in opposition.

C. Approve Capital Budget Plan for FY09

With no one present from the Capital Outlay Committee, Mr. McManus moved to table this item until next week. Mr. Cole seconded the motion and the motion carried by a unanimous vote.

D. Vote Special Town Meeting Warrant recommendations

Mr. McManus moved to vote an approved position on Articles 1 through 6, contracts for the Police Federation, Superior Officers, Firefighters, Employees Association, Highway, and Water employees. Mr. Marsland seconded the motion. The motion carried by a 4-1-0 vote with Mr. Piekarski in opposition.

Mr. McManus moved to take an approved position on Articles 7 and 8 pertaining to by-law employees and contract employees. Mr. Cole seconded the motion. The motion carried by a 4-1-0 vote with Mr. Piekarski in opposition.

Mr. Marsland moved to approve Article 9, Cranberry Valley Pro-shop. Mr. McManus seconded the motion and the motion carried by a unanimous vote.

Mr. McManus moved to take a position to approve Article 10, Special Legislation of Affordable Housing Fund. Mr. Cole seconded the motion. After discussion, the Board agreed that they would amend the motion on Town Meeting floor to change text in Section 3 to “for any qualified low-income rental assistance program...” The motion carried by a unanimous vote.

Mr. McManus moved to take a position of approval on Article 11 for purchase of a new ambulance. Mr. Marsland seconded the motion. The motion carried by a 4-1-0 vote with Mr. Piekarski in opposition.

Mr. McManus moved to take a position of approval at a cost of $73,859 on Article 12, lease/purchase of a boom flail mower. Mr. Marsland seconded the motion. The motion carried by a 4-1-0 vote with Mr. Piekarski in opposition.

Mr. Cole moved to take a position of approval on Article 13 to amend Articles 59 and 60 of the 2006 Annual Town Meeting. Mr. McManus seconded the motion and the motion carried by a unanimous vote.

Mr. Piekarski moved to support Article 14, Medicare Section 18. Mr. Marsland seconded the motion. Mr. McManus said he would like to defer taking a position until he sees a plan from Mr. Merriam and what the current financial ramifications are of taking action on this. Mr. Merriam stated that he is going to present a plan to the employees and retirees on February 6^th. Mr. McManus moved to amend the motion to defer action on this article until next week. Mr. Piekarski questioned whether the amendment was acceptable on his positive motion and Chairman Wilkins determined that it was not. Chairman Wilkins also indicated that he would like to be sure that the retirees have been brought into Mr. Merriam’s proposal and that it is his responsibility to make sure the retirees’ concerns are answered. Mr. Piekarski commented that this article is in the best interest of the Town. Mr. Marsland stated that he expects that Mr. Merriam will make a good faith proposal and pointed out that not all retirees will buy into it. Mr. Cole noted that, in this case, they are not negotiating as they do with the unions. Chairman Wilkins and Mr. McManus reiterated the need to see the proposal to be offered and the impacts and Mr. McManus stressed that they need to find a way to cover the added cost to retirees. The motion failed on a 2-3-0 vote with Chairman Wilkins, Mr. McManus and Mr. Cole in opposition. The Board agreed to put this item on next week’s agenda and Chairman Wilkins asked Mr. Merriam to accelerate any correspondence with retirees on this matter.

Mr. McManus moved to take a position of approval on Article 15, Grant easement - Ripple Way. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

Mr. Marsland moved to vote approval of Article 16, radio tower, for $80,766. Mr. Cole seconded the motion and the motion carried by a unanimous vote.

Mr. McManus moved to take a position to accept Article 17 to accept road layouts. Mr. Marsland seconded the motion. The motion carried by a 4-1-0 vote with Mr. Piekarski in opposition.

Mr. McManus moved to take a position to accept Article 18 to transfer parcels to the Conservation Commission. The motion carried by a 3-2-0 vote with Mr. Piekarski and Mr. Cole in opposition.

Mr. Marsland moved to indefinitely postpone Article 19, Housing needs analysis. Mr. Cole seconded the motion and the motion carried by a unanimous vote.

Mr. McManus moved to take a position of approval on Article 20, to construct a memorial garden. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

A. Vote to approve and sign Marini Nominee Trust’s Conservation Restriction

Attorney Peter Feuerbach explained that he represented the Marini family on a cluster subdivision that was approved by the Planning Board in December and as part of the process they need to take some of the open space and protect it through a conservation restriction as required by the zoning by-law. He stated that the Conservation Restriction document was approved on January 2, 2008 by the Conservation Commission and they are now seeking the Board of Selectmen’s approval of it. Mr. Marsland moved approval of the request for approval of the Conservation Restriction for the Marini Nominee Trust. Mr. Piekarski seconded the motion and the motion carried by a unanimous vote. The Board signed the Conservation Restriction.

B. Request by Barnstable County Regional Emergency Planning Committee for letter accepting Hazardous Materials Emergency Plan as part of certification process

Mr. McManus moved approval of the request. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

C. Amend Personnel By-Law Classification and Compensation Schedules

Mr. McManus moved approval of the proposed by-law compensation plan. Mr. Marsland seconded the motion. The motion carried by a 4-1-0 vote with Mr. Piekarski in opposition.

D. Town Administrator’s recommendations of Annual Town Meeting warrant articles

The Board discussed re-ordering the articles with Mr. Merriam as well as adding columns to be more specific on funding sources and changing the “Source” column to “Sponsor.”

E. Finance Department proposal

Mr. Merriam outlined his proposal as presented in his January 28^th letter to the Board. He explained that there is an option under the Harwich Home Rule Charter for reorganization to consolidate several of the Finance Departments into one Division of Finance under the umbrella of a Finance Director. Mr. Piekarski moved to support the Town Administrator’s reorganization plan. Mr. Marsland seconded the motion. Mr. McManus stated that he would like to see the opinion that was requested of Town Counsel regarding why this one reorganization is singled out for such an extraordinary level of approval through a ballot question, before moving ahead on this issue. Mr. Merriam noted that if the Board supports this it would be reflected in a new contract for a Director of Finance/Town Accountant. The motion carried by a 4-1-0 vote with Mr. McManus in opposition.

TOWN ADMINISTRATOR’S REPORT

Mr. Merriam delivered the following report to the Board:

The Town Administrator’s budget message and recommendations are now on the Town’s website.

In accordance with the Harwich Home Rule Charter, I am proposing to create a Division of Finance. (see attached memo). This involves the consolidation of the Town Accountant’s Office, the Treasurer/ Collector’s Office, the Assessor’s Office, the Information Technology Department and Purchasing, all under the supervision of a Director of Finance.

I am pleased to report to you that the Cape Cod Municipal Health Board voted on January 23^rd to offer Harwich membership in the Group effective 7/1/08. The official letter will be sent to you next week for your execution.

Dolly Parkhurst has provided us with the attached spreadsheets from Cape Cod Five of the principal and interest costs plus the tax impact on an average single family home of 1) a 10m police station, 2) 1/2m CWMP, 3) 1/2m police station design, 4) 1m road maintenance program.

The CV Men’s Golf Association Board of Governors invited Dennis Hoye and me to their meeting to explain the STM Article 9 funding for the Pro Shop and the ATM article to establish a revolving account. Dennis and I believe that we answered their questions and asked for their support for these two articles. Attached is a copy of Dennis’ Business Plan for the Pro Shop which was distributed on Wednesday.

Governor Patrick released House 2, his budget for FY 09. Attached is a memo from MMA, as well as the Cherry Sheet Aid plus a comparison between what the Governor proposed vs. what is projected in the TA recommended budget. The key new line item the Governor added is called “gaming proceeds for Lottery gap”. The bottom line is with this line, we are up 51k, without it we are down 20k. We will now watch how the House addresses this projected Lottery shortfall. We do not intend to adjust our budget projections until the House acts.

2-1-1 new Disaster number

MEMA is promoting the 2-1-1 phone number which was set up as a health and human service call center to accept disaster calls and avoid jamming 9-1-1 PSAPS with non emergency calls.

Paul Silva has once again offered to provide Town employees with a 5% discount on a group employee auto program. Does the Board support Paul’s discount offer?

Mr. McManus moved to accept the offer of a discount program for a group employee auto program. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

A staff meeting is scheduled for next Friday at 10am with Moderator Ford and Town Counsel Giorgio to review motions. Attached is the updated spreadsheet of Finance Committee votes, including last Tuesday’s votes. The Finance Committee had difficulty with Article 14, the Medicare adoption of Section 18, pending additional information with regard to the financial impact to retirees. The savings to the Town are significant over time.

Our office has scheduled a public hearing for Verizon on February 14^th at 11am in the Town Hall Library regarding utility work at the intersection of Queen Anne Road and Pleasant Lake Avenue. This work is anticipation of the Mass Highway reconstruction project. The hearing has been advertised.

Mr. Merriam noted that two abutters to River House on Old County Road, who were in the audience, have written a letter which will be on next week’s agenda.

Ms. Balmer outlined the major aspects of her report to the Board. The Board discussed RTA and Flex Bus issues and no action was taken.

Mr. McManus moved to adjourn at 9:51 p.m. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

Respectfully submitted,