Town of Harwich Massachusetts - Minutes

SELECTMEN’S MEETING

GRIFFIN ROOM, TOWN HALL

MONDAY, FEBRUARY 25, 2008

SELECTMEN PRESENT: Cole, Marsland, Piekarski, Wilkins

SELECTMEN ABSENT: McManus

OTHERS PRESENT: Town Administrator James Merriam, Asst. Town Administrator Nan Balmer, David Ryan, Ginny Hewitt, Leo Cakounes, Paul Niedzwiecki, and others.

MEETING CALLED TO ORDER at 7:08 p.m. by Chairman Wilkins.

Chairman Wilkins explained that the Board had just come out of Executive Session where they discussed issues regarding personnel and property which are still unresolved.

No one appeared before the Board.

PUBLIC COMMENT/ANNOUNCEMENTS

No one appeared before the Board.

A. Approve Minutes –

1. February 4, 2008 – Regular Session

2. February 11, 2008 – Regular Session

3. February 11, 2008 – Executive Session

B. Resignation from Citizen’s Advisory for the Comprehensive Wastewater Management Plan

C. Committee Appointment

2. Bikeways Committee

D. Appointment of Police Dispatchers

E. Appointment of Waterways Committee Alternate(s)

Mr. Cole moved to approve the Consent Agenda and the actions pertaining thereto. Mr. Marsland seconded the motion. With regard to the February 4, 2008 minutes, Mr. Cole noted that on the last page in the section regarding 707 Main Street, the vote should be 3-1-0 as Mr. McManus had not abstained from the vote but rather had recused himself on the matter. Mr. Marsland pointed out that in the regular session minutes of February 11, 2008, “Jimmy Marsland” should be changed to “Jimmy Marceline” in two places. Mr. Cole revised his motion to approve only items A through D, with the corrections. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

A. Vote to approve Verizon Petition to lay and maintain conduit, manholes, cables, wire and associated fixtures under the surface of Pleasant Lake Avenue and Queen Anne Road

At Mr. Merriam’s recommendation, Mr. Cole moved to approve this request from Verizon. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

B. Vote to sign Acceptance Form for Supplemental Distribution for Brooks Free Library

Mr. Marsland moved to sign the acceptance form for supplemental distribution for Brooks Free Library. Mr. Cole seconded the motion and the motion carried by a unanimous vote.

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

Chairman Wilkins noted that they are delaying Item B, Harbor Management Plan.

A. Paul Niedzwiecki – Cape Cod Commission Update

Mr. Cakounes introduced Paul Niedzwiecki, the new Executive Director of the Cape Cod Commission, who addressed the Board with an update and his plans for the future of the Commission. He reported that he would like to make the Commission less of a reactive regulatory board and more of a proactive planning board. He stressed the need for them to structurally set themselves up better in order to better service the towns. He summarized that his goal is to make the Commission relevant again through a proactive and comprehensive planning stance and strengthen local partnerships with the towns. Mr. Niedzwiecki took questions from the Board and Mr. Merriam on various issues after which Mr. Cakounes suggested that holding work sessions that included himself, Mr. Niedzwiecki and the Planning Board would be helpful and Chairman Wilkins agreed. Chairman Wilkins and Mr. Cakounes thanked Mr. Niedzwiecki for attending.

Chairman Wilkins inquired to Mr. Cakounes in his role as Farm Bureau member, if he would be interested in having a work session to discuss the role, future and potential for agricultural as it relates to the economic picture of Harwich. Mr. Cakounes agreed that it would be appropriate and added that the Cape Cod Commission needs to be involved on a regional level.

Mr. Cakounes reminded the Board that this is the time of year the Board usually sets a date for Harwich Civic Spirit Day and the Board agreed to add this item to next week’s agenda.

B. Harbor Management Plan – proposed changes (continued from 1-14-08 meeting to 2-18-08 meeting which was cancelled)

The Board took no action on this item.

NEW BUSINESS (Continued)

C. Approval of contract with Unique Systems for evaluation of Town cable capability

Ms. Balmer explained that Channel 18 Director, Jill Mason, has reviewed the proposal and is recommending that the scope of work exclude assessment of School facilities at this time and that Ms. Mason will supervise the work under this project. Ms. Balmer recommended that the Board approve the contract with Unique Systems at a cost not to exceed $1,800, plus reasonable travel expenses, for the scope of work outlined in the company’s proposal dated January 22, 2008. Mr. Marsland moved Ms. Balmer’s recommendation. Mr. Cole seconded the motion. Mr. Marsland stated that he would like to see us at some point look at the Board’s meeting room and its furnishings to come up with a better way to outfit the room as it is apparent that the current setup does not work well. Ms. Balmer agreed to put this item on the Board’s list of goals.

D. Vote to sign Annual Town Meeting Warrant

Mr. Merriam explained that he and Mr. Ryan reviewed the warrant with Attorney Giorgio this morning and made several changes so that it reads smoother. Mr. Marsland expressed concerns over some CPC articles in relation to the Newton decision. The Board agreed that they needed more time to further review the warrant and Chairman Wilkins stated that he would like Mr. McManus to be there when they vote to sign the warrant. The Board took no action.

TOWN ADMINISTRATOR’S REPORT

Mr. Merriam delivered the following report to the Board:

Superior Officers Contract

Chief Mason and I have reviewed the draft contract with a union representative and concur with the 4 minor amendments which were agreed to in the MOA but not carried forward into the original draft contract. Please re-execute this agreement.

Department of Veterans Services

I am voting to accept the proposed FY 09 budget of $395,980.83 and Harwich’s share of $27,718.66 for the regional meeting scheduled for February 21^st. This is an excellent program which is regionally administered. This saves each community from hiring larger staffs.

Water Management Act

Superintendent Wiegand and the Commissioners have filed an appeal of DEP’s conditions attached to the renewal of our Water Withdrawal Registration. DEP imposed new performance standards including a limit of 65 gallons per day and 10% unaccounted for water.

MMA Environmental Policy Committee

I attended a meeting on February 13^th in Boston. We discussed DEP’s Water Withdrawal Conditions with DEP’s author and 40 communities have appealed; we discussed S2388 with author Senator Pam Resor and Rep. Ruth Balser; we met with former Senator George Bachrach who is the new Director of the Environmental League of Massachusetts (ELM). I asked George for support for our net metering bill.

Staff met with Mike Ford who briefed us on his work on various parcels of owners unknown and Tax Title accounts.

Pine Grove and Kelley Cemeteries

Our Home Rule petitions are on the Governor’s Desk for his signature. Unfortunately, the Kelley Cemetery bill had a wrong book and page, so the Governor had to send it back to the House and Senate with a technical amendment. John Chatham and I have responded to questions from EOEA and the Governor’s staff. They were concerned about transferring Article 97 protected land, but these parcels are not.

DEP Commissioner Laurie Burt has awarded a Municipal Sustainability Grant worth $1,707 for recycling brochures, space containers and bookmarks.

Citizens for Homeowners Insurance Reform

Paula Aschettino is seeking information for the Attorney General’s Office regarding Fair Plan members who have experienced high re-appraisals since 2005.

Finance Committee schedule

Please see attached schedule of warrant and budgets. The Finance Committee is requesting additional information regarding dispatch, vehicle maintenance and gasoline disbursements. Attached is a spreadsheet prepared by David Ryan regarding Vehicle Maintenance. He has also provided information on utility budgets, including bulk fuel.

Mr. Merriam reported that he will be submitting budget amendments to the Board next week. Chairman Wilkins stressed to Mr. Merriam that the Board wants those impacted by the amendments to be present at the meeting.

Affordable Housing Fund

I have requested Rep. Peake and Sen. O’Leary to file the Affordable Housing Fund legislation as passed by Town Meeting last week. I informed Rep. Peake of the Governor’s technical amendment to the Kelley Cemetery bill.

Attached is an update from ENSR regarding the phosphorus inactivation in Long Pond. No fatality of fish or mollusks was observed.

I attended the Steering Policy Committee meeting in Sandwich on February 20^th. I reported that the municipal contracts were funded at the February 11^th STM with provisions to drop the Master Medical plans and join the CCMHG effective July 1^st. I reported that the Teachers Union had not settled and was in mediation. I have written to Blue Cross representative Suzanne Donahue asking what, if any, options are available for employee groups who do not join the CCMHG when the Town transfers its members on July 1^st. The FY 09 rates were tentatively reviewed and approved subject to minor tweaking and the full Board vote next week.

With regard to the Long Pond treatment, Mr. Marsland suggested that it might be helpful for a representative come in to give them and the public a brief summation and explain the next step. Mr. Merriam took questions from the Board on his report.

Ms. Balmer outlined the highlights of her report including the RTA Advisory Board’s vote at their February 14, 2008 meeting to adopt operational and service cuts and fare increases for the period of March 1, 2008 to June 30, 2008 and to carry a $178,826 deficit into FY09. She explained that if the FY07 deficit of $968,000 for the Flex Bus is not covered by a state Supplemental Budget, the Board will assess each of the 7 affected towns 1/10 of the cost of each year for ten years and that it is not clear how interest charges will be assessed or when the towns may be assessed for the FY07 Flex deficit.

Mr. Piekarski stressed that the plan presented at the February 14^th meeting did not warrant Harwich’s support as indicated by the Board’s recent vote. Chairman Wilkins emphasized to Mr. Merriam the need for a significant cost analysis going into Town Meeting on the entire transportation issue.

Mr. Cole moved to adjourn at 9:22 p.m. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

Respectfully submitted,