Town of Harwich Massachusetts - Minutes

SELECTMEN’S MEETING

GRIFFIN ROOM, TOWN HALL

MONDAY, FEBRUARY 4, 2008

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

SELECTMEN ABSENT: None

OTHERS PRESENT: Town Administrator James Merriam, Asst. Town Administrator Nan Balmer, David Ryan, Carolyn Carey, Sheila House, Cathy Comeau, Tom Gould, Gerry Loftus, Jack Brown, Liz Argo, Barry Worth, Bill Doherty, Pete Watson, Vickie Goldsmith, and others.

MEETING CALLED TO ORDER at 7:05 p.m. by Chairman Wilkins.

Chairman Wilkins reported that the Board had just come out of Executive Session where they approved a contract between the Town and David Ryan as a result of the Town Administrator’s recommendation to reorganize the financial departments. He briefly explained the details of the contract and noted that Mr. Ryan has been given the title of Financial Director/Town Accountant.

On the recent passing of Mr. James Noonan, Chairman Wilkins described Mr. Noonan’s numerous contributions to the Town through serving as Town Constable and on various committees, most notably on the Human Services Committee where he served as Chair from 1988 to 2004. He called for a moment of silence in remembrance of Mr. Noonan.

Chairman Wilkins read a letter from Douglas Levings in which he informed the Board that he is no longer proceeding with his venture of providing transitional drug and alcohol free housing at his property located on Old County Way due to an overwhelming negative response from the public.

Carolyn Carey reported that she was notified that there will be a change of fees for passports. She added that there will be a celebratory event on February 14^th in recognition of the 8^th anniversary of the Community Center.

Sheila House and Cathy Comeau addressed the Board with regard to acceptance of a grant and approval of a contract to fund a series of concerts in Brooks Park to be sponsored by Citizens Bank. The Board agreed to take this item up under New Business.

PUBLIC COMMENT/ANNOUNCEMENTS

Tom Gould, speaking on behalf of the Health Insurance Advisory Committee, expressed concerns about a lack of communication between the Committee, Administration and the Board of Selectmen. He explained that they had sent a number of recommendations to the Board to which they have not received a response as required by Chapter 32B. He noted that they have not been asked for input regarding the proposed changes in health insurance for retirees concerning Medicare. With regard to the offer to join the Cape Cod Municipal Health Group, Mr. Gould expressed concern that we will not be eligible for any holidays from premiums for two years and that this should be negotiated. Chairman Wilkins agreed to put this on the agenda after Special Town Meeting.

A. Approve Minutes – January 22, 2008 Regular Meeting

B. Approve 2008 Long Pond Bass Tournaments

Mr. Piekarski pointed out that under “Old Business” in the January 22, 2008 meeting minutes, the vote should be 4-0-1. Mr. McManus moved approval of the consent calendar as corrected and the recommended actions thereon. Mr. Cole seconded the motion and the motion carried by a unanimous vote.

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

A. SolarWrights Presentation on Solar Energy

Barry Worth introduced Liz Argo of SolarWrights who made the attached presentation to the Board. Ms. Argo took questions and comments from the Board.

A. Cape Cod Regional Transit Authority

Mr. Doherty described the large public turnout in support of continuation of Flex Bus service at the recent hearings. He noted that Congressman Delahunt is sending a letter to the Governor on this issue and he stated that he has nothing to report on supplemental budget. Mr. Doherty stated that he hopes the Board will authorize him to vote to consider suspension of the Flex Bus service rather than termination at the RTA meeting on February 14th. He asked for the Board’s continued patience and support of the Congressman. The Board expressed great concern over the tremendous financial impact on the Town from the Flex Bus and agreed that due to their fiscal responsibility to the taxpayers as well as the fact that this is not part of the supplemental budget that Flex Bus services should be terminated indefinitely. Mr. Cole questioned the manner of the vote to take place on February 14^th and Mr. Doherty indicated that it will be presented to them by the Administrator as a package for dealing with the RTA’s entire fiscal situation. Mr. McManus moved to direct our representative to the RTA to vote for a change or a package of changes to service and fares and other financial obligations of the RTA which will have the effect of holding the Town of Harwich harmless to the State’s failure to provide its subsidy to the Flex Route. Mr. Cole seconded the motion. Mr. Marsland and Mr. Piekarski agreed that the motion was too broad and should be more specific. The motion carried by a 3-2-0 vote with Mr. Marsland and Mr. Piekarski in opposition.

B. Annual Town Meeting Articles Review

Mr. Marsland moved to support Article 18, Transfer custody of parcels to Conservation Commission, as written. Mr. McManus seconded the motion. The motion carried by a 3-2-0 vote with Mr. Piekarski and Mr. Cole in opposition.

Mr. Marsland moved to support Article 10, Special legislation – Affordable Housing Fund, as written. Mr. McManus seconded the motion. The motion carried by a 4-1-0 vote with Mr. Piekarski in opposition.

Jack Brown noted that he would discuss with the Committee using CPC administrative funds for the Housing Needs Analysis.

Mr. McManus requested that landfill fees be on the agenda in the near future. Mr. Merriam noted that he will be sending the warrant to Town Counsel for review.

C. Vote Capital Plan

The Board discussed the proposed Capital Plan with Mr. Merriam and Mr. Watson. Mr. Cole moved to approve the Capital Plan recommended by the Town Administrator with the following changes in the document that we have before us which is that in FY09, the line under “Recurring Items and Maintenance” for Highways, Roads and Sidewalks Maintenance be reduced from $750,000 to $200,000, that the figure in Column 11 for Basin Dredging be reduced from $3 million to $2 million and that the figure for new High School construction in FY13 be increased from $10 million to $15 million. Mr. Marsland seconded the motion. Mr. Piekarski asked that a disclaimer be inserted in the document that these figures are approximate. The motion carried by a unanimous vote.

D. Vote Article 14 of February Special Town Meeting

Mr. Merriam explained Article 14, Medicare Extension Plans: Mandatory Transfer of Retirees, and noted that there would be an informational seminar on February 6^th at the Community Center. He reported that the Town would see a substantial savings if Section 18 is adopted as there will be a cost shift to the Federal government. He added that there will be savings for many retirees but not for all, particularly not for those who currently have the HMO who will have additional out-of-pocket costs.

Mr. Gould pointed out that these retirees have served the community for upwards of 40 years. He noted that municipalities always pay less than the private sector and Harwich has traditionally been at the lower end of the pay scale and these retirees were promised health insurance in a package that they helped fund. He stressed that this is a cost shift to the retirees as well. Mr. Gould also pointed out that many of the retirees are out of town at this time of year and will not be able to attend Special Town Meeting. He urged the Board to give the retirees an opportunity to do this on a voluntary basis. He also noted that Section 18 requires that the new plan have a comparable actuarial value to the existing coverage and he does not see this as the case with the Blue Cross/Blue Shield Medex 3 Enhanced plan which was used to run the figures. He urged the Board not to support this article.

Chairman Wilkins noted that they have charged Mr. Merriam with presenting a plan before they will consider supporting the article. Mr. McManus stressed the need for more information on this issue. The Board took no action on this item.

E. Richard Rudders’ request for reinstatement of boat slip

Richard Rudders explained that he had a commercial slip at Saquatucket Harbor for over 20 years and has multiple State and Federal permits. He stated that in 2006 he became seriously ill and had several surgical procedures at which time he was contacted by the Harbormaster’s Office asking if he would be renewing his slip. He stated that he explained the situation and asked if there was a mechanism for postponing the decision to which he was told there was not so therefore he decided to give up the slip. Mr. Rudders further explained that he has since almost completely recovered and at this time he would like to resume his commercial fishing activities. He noted that he had already been before the Waterways Committee and they said they cannot do anything for him. Mr. Rudders commented that he believes there is a gap in the regulations as they don’t take into consideration things that are bound to happen in the course of human events and he asked for the Board’s consideration in this matter. Mr. Rudders took questions from the Board. Mr. Marsland pointed out that at this time there is not a slip available and Mr. Piekarski stated that although he is sympathetic he cannot support taking a slip away from someone else. Mr. McManus indicated that he would like to wait on this until the Harbormaster or a representative of the Waterways Committee could be present and Chairman Wilkins agreed. Mr. Cole moved to table this item and make sure it’s a date that both Mr. Rudders and the Harbormaster and at least the Chairman of the Waterways Committee can be present. Mr. McManus seconded the motion. Mr. Piekarski stated that he does not believe this item should be tabled as they need to uphold the Harbor Management Plan. Mr. McManus disagreed stating that the plan empowers them to make interpretations and develop solutions as situations warrant. The motion carried by a 3-2-0 vote with Mr. Marsland and Mr. Piekarski in opposition.

F. Approve signing of union contracts:

1. Harwich Permanent Fire Fighters

Mr. McManus moved to approve the agreement between the Town of Harwich and the Harwich Permanent Fire Fighters Association Local 2124 International Association of Fire Fighters. Mr. Marsland seconded the motion and the motion carried by a 4-1-0 vote with Mr. Piekarski in opposition.

2. International Assn. of Aerospace Workers and Machinists

Mr. McManus moved to approve the contract between the International Association of Aerospace Workers and Machinists. Mr. Cole seconded the motion and the motion carried by a 4-1-0 vote with Mr. Piekarski in opposition.

A. Vote to approve Supplement to MRI’s Agreement for Harwich Employees Association Job Classification Study

Mr. Piekarski moved approval of the agreement. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

B. Request for discussion concerning new endeavor at Stone Horse Motel site with owner.

Rene Roberts of 44 Old County Road questioned Mr. Levings claim of ownership of the property and she stated that the property taxes have not been paid since 2003 and there are outstanding water bills as well. Mr. Piekarski questioned why this was before the Board and stated that Ms. Roberts should work directly with the Town Administrator on this issue. Cheri Davis of 34 Old County Road provided a history of contact she has had with various Town departments on this issue and she expressed her concerns. Chairman Wilkins commented that the Board has been very responsive to this and any action is in the hands of the Town Administrator. Mr. Piekarski moved to have the Town Administrator investigate the concerns brought before them this evening to substantiate any allegations and bring back any factual information to them as a Board and involve the folks who brought it before them. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

C. Request from Habitat for Humanity to waive Town fees related to the Gomes Way affordable housing development

Mr. Marsland moved to waive all application, permit, inspection and any other Town fees related to the Gomes Way affordable housing development. Mr. Cole seconded the motion and the motion carried by a unanimous vote.

Mr. Piekarski moved to extend the meeting for an additional 15 minutes. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

D. Cable Re-licensing/Committee

Ms. Balmer requested to refer this item to a later meeting and the Board agreed to do so.

E. Authorize signing contract with Arts Foundation for series of concerts at Brooks Park

Mr. McManus moved to authorize the appropriate Town official to sign the contract with the Arts Foundation. Mr. Marsland seconded the motion and the motion carried by a 4-1-0 vote with Mr. Piekarski in opposition.

TOWN ADMINISTRATOR’S REPORT

Mr. Merriam delivered the following report to the Board:

Dennis Yarmouth Regional School District

I met with Dennis Town Administrator Bob Canevazzi and Yarmouth Town Administrator Bob Lawton to discuss a possible merger and to exchange information. I informed them that the Board of Selectmen had formed a Building Needs Committee and within it, a Regional Schools subcommittee. They asked if they could attend their next meeting which is scheduled for next Thursday. They provided me with a copy of the original Agreement between the Towns of Dennis and Yarmouth establishing a regional school district and Attachment A when the formula was changed to match Chapter 70. Section 7 is entitled “Admission of Additional Towns”. I have also printed DOE’s FY 09 Chapter 70 preliminary data, as well as Mark Abrahams work on the formula for Dennis.

Supt. Cragin has invited me to attend a workshop for the subcommittee with DOE on regional schools next Monday.

Staff met with Coastal Engineering and KBA to decide septic disposal between the Middle School treatment or on-site. Coastal submitted its report and it was decided to proceed with on site. Plans are being prepared to submit to BOH, with potential savings in excess of $40,000 without an advanced system.

Ray Jefferson, Link, Chris and I discussed site preparation savings, with Link and Chris attending the Building Committee meeting to discuss scope and timing of the work. I conveyed to them Selectman Marsland’s concerns which they will take into consideration.

The Board received a letter from Richard Gundersen asking for a public meeting for citizens to comment on the proposed building. In speaking with Ray Jefferson, we ask whether you would expand the scope of your February 27^th meeting to accommodate this request.

I attended the Golf Committee’s meeting in which we reviewed the Director’s Job Description and I agreed to a couple minor wording changes to clarify roles. Dennis and I discussed the pro-shop article and future revolving article. The good news is that Dave Ryan received approval from DOR to retain the sales proceeds in the revolving fund prior to June 30^th, so long as we hadn’t planned on those receipts to meet our local receipts revenues. This should alleviate the need for a second article to restock the inventory.

I attended the Board meeting at Framingham State Police on Tuesday. We reviewed pending legislation to re-authorize the 911 system, which includes financial incentives for regional dispatch. Yarmouth is starting to discuss joint police/fire dispatch. I also spoke to State Police regarding our new tower and whether our co-ordinates can benefit their radio system. If yes, they we could pursue shared costs.

Staff met to discuss pros and cons of MGL acceptance. A meeting notice has been distributed to employees and mailed to retirees regarding a seminar at the Community Center next Wednesday at 3:30 pm.

Legal opinion re: Division of Finance

Attached is an opinion and apology for its tardiness from John Giorgio.

A staff meeting was held on February 1^st with Moderator Ford and Counsel Giorgio to review the motions. The Finance Committee and your Board are awaiting more information before voting on Article 14 Medicare. With regard to Article 18 to transfer two parcels, whether the Selectmen would consider transferring only parcel C2 totaling 4.5 acres which is entirely wet and the Board of Selectmen would retain control over the middle parcel which has three flagged wetlands and some dry land. With regard to Article 10, whether the word “qualified” could be deleted and addressed through the preamble.

Arts Foundation of Cape Cod

Sheila House plans to address you at Weekly Briefing regarding acceptance of a grant and approval of a contract to fund a series of concerts in Brooks Park, sponsored by Citizens Bank.

John Prophet has requested that I send the draft letter to Congressman Delahunt seeking the IRS to convey title to the Town at no cost in order for the Town to rent the first floor for business and convert the second floor for affordable housing. I understand that the property has been assigned to a realtor and the asking price is $300,000.

Sue Leven and I met with Gerry Loftus to discuss affordable housing issues, including the status of the RFP for Old Rec (should be ready on 2-1-08), Rt. 28 Mass Highway property, Portuguese Men’s Club title/access and an updated inventory of affordable units. The Housing Committee sent a letter to the editor entitled “Rush to Judgment” in opposition to Article 18 of the 2-11-08 STM regarding the transfer of two parcels to ConsCom.

Started meeting on Tuesdays and Thursdays to review budgets and articles. They met with both Chiefs this week.

MMA is requesting that we contact our legislative delegation to approve the full $935M in Lottery aid without any link to casino licensing.

Attached is a draft letter seeking Cities and Towns support for their proposal regarding Local Aid.

Staff met again with Davis Street resident Randy Greene to discuss posted beach closing hours (10 pm-6 am), with enforcement. John Mahan will discuss with the Youth and Rec Committee and present any recommendations back to your Board.

Backpacks for children in Afghanistan.

We received a thank you from FORE of Easton for our Town Hall contribution of $303.25 to purchase backpacks for less fortunate boys and girls in Afghanistan schools. This project started with Kevin Pacos, a friend and former Town Administrator who is serving in that country.

Whitehouse Field lighting

Youth and Rec have voted to recommend acceptance of a gift. We’ll add to next week’s agenda for your approval.

Building Commissioner Geoff Larsen has issued a cease and desist to the owner regarding both Building Code and Zoning issues. Geoff will attend Monday night’s meeting. Also attached is a letter from Raymond Tamasi, President of Gosnold, who indicates that his organization has no affiliation with this proposal.

Mr. Marsland commented that we shouldn’t get involved in the 707 Main Street property. Mr. McManus explained that he is involved with a group making an offer on this property. He recused himself on this item and left the table. Mr. Piekarski noted that he didn’t support the letter. Mr. Marsland moved to not consider the proposal to send a letter to the government asking for them to donate 707 Main Street to the Town of Harwich for future use. Mr. Cole seconded the motion. Mr. Loftus, speaking on behalf John Prophet, said this could be a valuable asset for the Harwich Center Initiative and he asked that the Board agenda this item. Mr. Cole noted that we would need a master plan for the Harwich Center and a way of financing this. Mr. Piekarski said he would prefer to have this on the agenda and Chairman Wilkins agreed. The motion carried by a 3-1-0 vote with Mr. Piekarski in opposition.

SELECTMEN’S REPORT

Chairman Wilkins scheduled a Public Hearing on the proposed Police Station construction on February 27, 2008.

Mr. McManus moved to adjourn at 10:50 p.m. Mr. Piekarski seconded the motion and the motion carried by a unanimous vote.

Respectfully submitted,