013fMINUTES
SELECTMEN’S MEETING
GRIFFIN ROOM, TOWN HALL
MONDAY, MARCH 3, 2008
7:00 P.M.
SELECTMEN PRESENT: Cole, Marsland, McManus, Piekarski, Wilkins
SELECTMEN ABSENT: None
OTHERS PRESENT: Town Administrator James Merriam, David Ryan, Chief Flynn, Chief Mason, Carolyn Carey, Elizabeth Hude, Tom Gould, Richard Houston, Jack Brown, Ray Jefferson, Debra DeCosta, and others.
MEETING CALLED TO ORDER at 7:00 p.m. by Chairman Wilkins.
WEEKLY BRIEFING
Carolyn Carey reported that passport applicants will now be taken by appointment only.
Elizabeth Hude reported on a project she is working on to streamline the permitting process which includes providing online service and public education through a column in the Harwich Oracle.
Chief Mason reported that the Harwich Police Department recently received an award from M.A.D.D. for their enforcement efforts in deterring alcohol related offenses and injuries.
PUBLIC COMMENT/ANNOUNCEMENTS
Gerry Loftus of the Harwich Housing Committee, commented that since the issuance of the contract to the architect for the West Harwich and Sisson Road school sites, the process has dragged on with the initial draft being issued three months late and needing numerous corrections. He stated that the working committee’s decision on a single developer for the project was not accepted by the Town Administrator and Board of Selectmen’s liaison resulting in letting the architect go “AWOL” for several months, minutes of meetings not being approved, as well as no issuance of minutes for two meetings. He stated that they are missing the final draft, a draft lease agreement, a detailed cost estimate, an outline of specifications for the housing portion of the project and the window donation letter
from the architect. He stated that all of these concerns have been given to the Town Administrator and the Selectmen’s liaison is aware of these matters. Chairman Wilkins notified Mr. Loftus that he will agenda this item in two weeks and he expects a report from both the working group and Town Administrator at that time.
Mr. Piekarski announced that he has decided not to seek re-election to the Board of Selectmen and thanked all those who have supported him. Chairman Wilkins commented that Mr. Piekarski’s presence and point of view will be missed.
CONSENT AGENDA
A. Approve Minutes –
1. February 13, 2008 – Regular Session
Mr. Marsland moved to approve the minutes of February 13, 2008 with one correction on Page 6 and that is that Chairman Wilkins had requested that Mr. Cole and Mr. McManus submit their Town Administrator’s evaluations. Mr. McManus seconded the motion and the motion carried by a 4-0-1 vote with Mr. Piekarski abstaining from the vote.
PUBLIC HEARINGS/PRESENTATIONS (7:15 P.M.)
A. Application by William R. Coffin and Sons, Inc. d/b/a Plum’s Package Store
for a transfer of stock
Mr. Piekarski read the hearing notice into record and Chairman Wilkins opened the hearing. John Coffin, Manager, introduced himself to the Board. With no one from the public appearing, Mr. McManus moved to close the hearing. Mr. Cole seconded the motion and the motion carried by a unanimous vote. Mr. McManus moved to approve the transfer of preferred stock from Robert B. Coffin to John W. Coffin and James L. Coffin. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.
B. Discussion with 32B Health Insurance Group
Tom Gould, Chairman of the Health Insurance Advisory Committee, explained that M.G.L. Section 32B requires that representatives from the unions meet and make recommendations to the Board. Mr. Gould read a letter he submitted to the Board dated March 3, 2008 regarding HIAC’s Recommendations and FY09 Rates. Mr. Gould then reviewed a document entitled “FY09 Town of Harwich Health Insurance Projections,” which he had also submitted to the Board. (Both documents attached.)
Chairman Wilkins commented that they are all seeing this information for the first time and need time to review it. He stated that they will schedule it as an agenda item as it needs to be responded to by the Town Administrator and Town Accountant.
Mr. Gould stressed that the recommendations need to be responded to and he reiterated the need for a Board of Selectmen liaison to the Committee. Chairman Wilkins responded that the Town Administrator is the Board’s liaison. Mr. Gould pointed out that he had met with the Town Administrator and Town Accountant prior to this meeting. Mr. Gould further explained that the numbers are not in dispute and are readily available in the Treasurer’s Office. Mr. Merriam responded that he and the Town Accountant have their own charts and will present them to the Board. Mr. Merriam stated that he would ask for an extension on committing to the Cape Cod Municipal Health Group. Mr. Ryan noted that he would be on vacation until March 14, 2008 and the Board agreed to schedule this item for
March 17, 2008 if the extension is granted or before that if the extension is not granted.
CONSENT AGENDA (Continued)
B. Vote to recommend appointment of Leo Cakounes as Harwich’s representative to Cape Cod Commission
Mr. Marsland questioned whether they should advertise for this position and Mr. Cole agreed that they should, noting that Mr. Cakounes had invited others to indicate their interest. Mr. Cakounes stated that re-appointing him now would be premature and unnecessary and if there is no interest he could come back before the Board. The Board agreed to advertise for this position and bring this item back during the first week of April.
C. Vote to accept gift of $100 from the Harwich Men’s Club to the Community Center Gift Account
Mr. Cole moved to accept the gift of $100 from the Harwich Men’s Club to the Community Center Gift Account. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.
D. Vote to accept gift of $1,100 from the Construction Certification Institute to the Community Center Gift Account
Mr. Marsland moved to accept the gift of $1,100 from the Construction Certification Institute to the Community Center Gift Account. Mr. McManus seconded the motion and the motion carried by a unanimous vote.
NEW BUSINESS
A. Vote on ATM Article 6 – Construction of New Police Station
Chairman Wilkins asked for comments from the Board on this article. Mr. McManus noted that a lot of the discussion at the public hearing on this issue was about the price and how to reduce it. He commented that although we would all like it to cost less, it is a program of construction that will see us through the next half century. He added that we won’t know what it costs until the bids come in and that given the current state of the economy, he is hopeful that local construction entities are aware of the project and that the Town goes the extra mile to see that local companies have an equal shot at getting part of the project as they represent a lot of the taxpayers paying for this project. Mr. Cole agreed and noted that there is a timetable for issuing an RFP in order to get responses to
go to Town Meeting to get a firm number and there is not a lot of time left.
Mr. Marsland moved that the Board of Selectmen direct the Police Station Building Committee to solicit bids for the construction of a new police facility and further that the following conditions should apply: steel studs are specified for all walls, the number of finished jail cells should be six, and the general contractor shall be responsible for every aspect of the building project. Mr. Piekarski seconded the motion. Mr. Marsland explained his rationale behind his motion noting that in the future it will cost more to finish the other two cells and that he believes steel construction will last longer. Chairman Wilkins pointed out to Mr. Marsland that his motion had to do with the preparation of the bid and the agenda item had to do with the article. He noted that Mr. Marsland has raised questions
for the Police Station Building Committee to consider in preparation of the bid specifications. Mr. McManus commented that it is not the Board’s traditional role to review the bid specifications and they have never done so before. Mr. Merriam stated that he does want a community representative to stand up and approve the bid specifications and he assumed that is the role of the Police Station Building Committee. Mr. Cole explained that the Request for Bid would solicit two bids from responders – one of those bids would have everything in the plan finished and one would include only four finished cells and two constructed. He stated that the thinking was once we saw the bids we would decide whether there was enough difference between them to make it worthwhile to accept the lower bid and it is deliberately being structured so that the alternates are additions. Mr. Cole noted that part of Mr. Marsland’s concern is then taken care of in
the way the bid is proposed to be structured. Mr. Merriam explained that the bids will come in before Town Meeting and the Board can decide to support the base bid or some or all of the add alternates in the motion. Mr. Jefferson confirmed that none of the alternates are for steel studs and neither is the site work proposed to be done by the DPW and Cape Cod Technical High School. He strongly recommended not including site work as an alternate. He further explained that wood studs were recommended by the architect and he doesn’t see steel making the building any better. Mr. Piekarski agreed with Mr. Marsland that the general contractor should be responsible for the entire project as well as that all six cells should be completed but said he had no problem with the wood studs. Mr. McManus commented that the Police Station Building Committee has reviewed the documents and reports with the project manager and architect and he does not
want to substitute his judgment on an item that was not on the agenda as it would be inappropriate. Mr. Jefferson stated that they are going out to bid anyway and there is no extra cost to put these in as add alternates. Chairman Wilkins noted that the Police Station Building Committee has heard Mr. Marsland’s concerns and they will consider them. He added that it is not in the purview of the Board of Selectmen to get into the preparation of the bid specifications as this is the role of the Committee and Mr. Marsland respectfully disagreed. Chairman Wilkins called the question. The motion failed on a 2-3-0 vote with Chairman Wilkins, Mr. McManus and Mr. Cole in opposition. Mr. Cole moved to support Article 6 as written. Mr. McManus seconded the motion and the motion carried by a unanimous vote.
B. Vote to hold Harwich Civic Spirit Day on March 22, 2008
Mr. McManus moved to hold Harwich Civic Spirit Day on March 22, 2008. Mr. Cole seconded the motion. Mr. Cakounes questioned the appropriateness of the date as it is Easter weekend and noted that he is unavailable on March 15, 2008. Carolyn Carey agreed to check the schedule for available dates and the Board agreed to bring this item back.
C. Vote to sign Annual Town Meeting Warrant
Mr. McManus stated that Article 64 should read “Compensating Balance Agreement.” Mr. Cole pointed out that the word “costs” on Page 1, Item 11 should be capitalized and Article 44 should read “Fund Walking Trail Improvements.” He also noted that Article 7, Road Maintenance Program, has been reduced to $200,000.
Mr. Merriam noted that Mr. Scannell is requesting to change Article 27, Restoration, Preservation and Storage of Town Records, be increased from $125,000 to $126,500 and Mr. Brown of the Community Preservation Committee agreed to take this up at their next meeting. Mr. Piekarski moved to approve the warrant as amended and Mr. Marsland seconded the motion. Mr. McManus expressed concern about voting the warrant as the proposed increase to Article 27 has not been before the Community Preservation Committee for a vote and therefore the Board does not have authorization to increase it. Mr. Piekarski noted that his motion includes the increase on Article 27 to $126,500. Mr. Brown stated that if his Committee votes to increase Article 27 they will change it on Town Meeting floor. 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:
FY 09 Budget Amendment #1
Attached is a spreadsheet with my recommendations for budget changes in 7 budgets and an adjustment to our Local Aid. I am acknowledging a level funded Lottery which was included in Governor Patrick’s House 2 Budget in combination with Speaker DiMasi’s assurance that the House will level fund the Lottery without relying on $124 million in new Gaming Revenue. I am adding an additional $24,350 RTA assessment for the FY 07 Flex Bus Route, although it has not been voted by the RTA.
The Cape Cod Regional School Budget has been approved with a lower assessment. The Community Center budget was amended with the concurrence of the Director and Facilities Committee. The Library budget was adjusted with the concurrence of the Director and Trustees. The adjustment to the Channel 18 budget includes the support of Supt. Cragin. The Youth and Recreation budget changes are with the concurrence of the Director and Chairman.
Special Town Meeting
With the signing of the Annual Warrant, I am proposing that you prepare to open the Special Town Meeting Warrant on March 10th and close it on March 14th. Your Board would then sign both the STM warrant and the Election Ballot on March 24th. The Election Ballot will include the Debt Exclusion question for the Police Station.
CCMHG
The Cape Cod Municipal Health Group has approved rates for FY 09. I also spoke to Peter Kenny from Cook and Company, who is separately rating Harwich for continuation as a stand alone. This way, we can compare costs and benefits of both options.
Health Insurance for Elected Officials
Town Counsel Lauren Goldberg wrote an opinion dated February 15th to Deputy Chief David Wilson of the State Ethics Commission in which she strongly defends your Board’s right to determine health insurance for compensated part time elected officials and the need to invoke the Rule of Necessity. Attorney Goldberg urged that we await Mr. Wilson’s further response prior to taking the next step.
Regional Transit Authority
RTA Chairman Ron Bergstrom called after reading about last week’s BOS meeting. He wanted to convey to us that the RTA is a separate legal entity and must comply with Proposition 2 &1/2 such that communities cannot be assessed more than 2.5% each year plus 25% of any new service. This raises more questions regarding the FY 07 Flex deficit and any additional deficits in future years. He did indicate that Representative Peake was talking to House Ways and Means regarding the $6 million deficit statewide. EOT Undersecretary Tom Cahir did indicate that State Aid would increase by 3.9% for next year. They believe that they have all but $179k of this year’s deficit eliminated through the service cuts. (see Chapter 161B, section 9 and 9A. Note that the assessment is attributable to total passenger
miles and number of trips.)
Finance Committee
The Finance Committee met with the Library Trustees and Golf Committee on February 26th. The Trustees asked for consideration for the $30,000 requested for new carpeting and the FinCom asked about the Trustees support of State Aid to Libraries shared with the two private libraries.
Golf Committee
I met with two members of the Golf Committee and Dennis Hoye to discuss a business plan for the new Practice Facility / Driving Range. Dennis has committed to preparing the plan by the end of March. The plan will address pros teaching lessons.
Army Corps Dredging
Attached is an e-mail from Tom Leach and his discussions with Congressman Delahunt’s Office.
Mr. Merriam took questions from the Board regarding Budget Amendment #1 and it was agreed to put this item on the agenda next week. Mr. Piekarski requested to begin the process of preparing an article for Special Town Meeting with Town Counsel on health insurance for elected officials in the event one is needed. Mr. Merriam agreed to provide a placeholder in the warrant.
Mr. Merriam took questions on the Assistant Town Administrator’s report in her absence.
Mr. Piekarski requested a letter from Mr. Merriam to clarify a confidential personnel issue cited in Mr. Merriam’s report to the Board as more detail is required.
SELECTMEN’S REPORT
A. Selectmen’s Goals
Mr. Cole noted that Item #56, Decide Centralized Vehicle Maintenance Issue, is built into the budget so that issue is complete and a date should be entered as such.
Mr. Cole requested to arrange a phone conversation with the two vendors who responded to the Benchmark Study RFP to ask some questions on the quality of Schedule A data and settle the issue of the selection of the peer communities. Mr. Merriam agreed to set up the conference calls to include Mr. Cole, Chairman Wilkins, and Ms. Balmer.
Mr. Cole asked to add to the list of goals, recognition of veterans from our community who have served in operations in Iraq, Afghanistan and Kuwait. He suggested Memorial Day as a possible date for the event and that they try to keep current with this as people return.
ADJOURNMENT
Mr. Piekarski moved to adjourn at 10:00 p.m. Mr. Cole seconded the motion and the motion carried by a unanimous vote.
Respectfully submitted,
Ann Steidel
Recording Secretary
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