013fMINUTES
SELECTMEN’S MEETING
GRIFFIN ROOM, TOWN HALL
MONDAY, MARCH 10, 2008
7:00 P.M.
SELECTMEN PRESENT: Cole, Marsland, McManus, Piekarski, Wilkins
SELECTMEN ABSENT: None
OTHERS PRESENT: Town Administrator James Merriam, Assistant Town Administrator Nan Balmer, Chief Mason, Susan Leven, Lincoln Hooper, Jack Brown, and others.
MEETING CALLED TO ORDER at 7:15 p.m. by Chairman Wilkins.
EXECUTIVE SESSION
Chairman Wilkins explained that the Board had just come out of Executive Session where they discussed one past litigation and one potential litigation.
WEEKLY BRIEFING
Chairman Wilkins reported that the Town has lost a remarkable teacher in the sudden passing of John Ryan, High School Computer Teacher, and he asked for a moment of silence in remembrance of Mr. Ryan.
Ms. Leven presented a document which she noted is the first step in the codification of the general and zoning by-laws. She explained that they are in the process of going through it and looking at the issues it raises and it will most likely come before Town Meeting for approval next spring.
Chief Mason provided statistics on the Town of Harwich as well as national statistics on domestic violence and took questions and comments from the Board. Chief Mason also reported that Detective Brackett completed a six-month investigation with the State Drug Task Force involving two Harwich residents that were recently arrested for possession of 155 bags of heroin intended for sale and distribution in the Town of Harwich. Chief Mason commended Detective Brackett for his outstanding service to the community.
PUBLIC COMMENT/ANNOUNCEMENTS
No one appeared before the Board.
PUBLIC HEARINGS/PRESENTATIONS (7:15 P.M.)
A. Disposal Area Fees
Mr. Piekarski read the hearing notice into record and Chairman Wilkins opened the hearing.
Mr. Hooper made the following statement to the Board:
Every year I am asked to provide the Board with a financial analysis of the Disposal Area and to make a recommendation regarding its fees. This year my analysis indicates that the cost associated with providing residents with solid waste and recycling services is $105 per residential sticker. This figure includes all the direct costs such as SEMASS tip fees, fuel, utilities, salaries and other expenses. It also includes indirect costs such as equipment depreciation, employee fringe benefits and salaries allocated from administration & vehicle maintenance.
It is especially difficult for me to make a recommendation to increase the residential sticker fee given the ambiguity in the economy, the high price of groceries and the skyrocketing energy costs. However, it is precisely these energy costs that are the primary reason expenses have increased for FY 09. In fact, diesel fuel alone is up $18,700, or $3.42 per sticker. On the bright side, Harwich residents should be commended for their recycling efforts that have yielded $60,193 through this past December and should be very close to $100,000 for the fiscal year. This revenue directly offsets the cost of services by approximately $18 per residential sticker. Let’s keep up the good work.
I would also like to draw attention to the $5 no sticker fee charged at the Disposal Area gate for those residents that have not purchased a sticker. This fee allows the same privileges as the residential sticker including use of the transfer station and recycling center. This option may be beneficial for those who use the Disposal area less frequently. I fully appreciate the financial difficulty that some people have in purchasing a sticker and will make every effort to accommodate the needs of those residents on a personal basis.
Other than energy costs, the Disposal Area has experienced relatively stable market conditions for Municipal Solid Waste (MSW), C&D and recycling over the past year and I expect this environment to continue for the foreseeable future. All other items at the Disposal Area are priced according to their cost of handling and disposal and appear mostly consistent with other municipalities. Therefore, I am recommending no other changes to the Disposal Area fee structure for FY 09.
Mr. Hooper took comments from the Board. Mr. Merriam recommended that the Board approve Mr. Hooper’s proposal and commended him and his department for their efforts. Mr. McManus moved to close the hearing. Mr. Cole seconded the motion and the motion carried by a unanimous vote. Mr. McManus moved to adopt the Director of Highways’ recommendation and set the primary residential sticker fee at $105. Mr. Cole seconded the motion. The motion carried by a 4-1-0 vote with Mr. Piekarski in opposition.
Jack Brown, Community Preservation Committee Chair, explained that he had received a copy of an e-mail which he read as follows: “The Finance Committee inquired last Thursday whether they could call the land bank debt bonds and repay them early with this year’s CPA money. Could you review the land bank bonds and determine if it is feasible?” Mr. Brown expressed his concern that this showed up as a copy on his e-mail instead of being discussed in advance by the Finance Committee with his Committee. He stated that he believes that any ideas the Finance Committee has had about how CPA money should be allocated should be discussed with the Committee during the year at their regular meetings as they consider all proposals coming forward. He stressed that his Committee has already
gone through the process and made their recommendations. Mr. Brown stated that he is aware that there was extensive discussion regarding the use of CPA funds at a recent Finance Committee meeting that his Committee was not invited to and he finds these actions irresponsible.
Mr. Brown explained that according to the Community Preservation Act, the Community Preservation Committee recommends projects and Town Meeting decides how to spend the money. He commented that he is concerned that we are going off track with what needs to be done in the process of spending CPA funds. He pointed out that we are devoting almost half of CPA funds to land bank debt and we couldn’t pay all of the land bank debt with CPA funds as it would be illegal but more importantly would thwart the intentions of Town Meeting. Mr. Brown noted that there are ample forums during the year to bring ideas forward and he found this e-mail to be disrespectful to the Committee.
Mr. Merriam stated that he sympathizes with Mr. Brown but said in defense of the Finance Committee he would ask Mr. Brown not to take this personally as it came about in response to a policy question that came up at the meeting during review of article one-liners. He added that he has relayed the question on whether land bank debt is callable to the Treasurer. Mr. Brown stated that it doesn’t excuse the question going forward with the Finance Committee and it is not a matter of taking it personally but rather is a matter of taking it professionally.
Chairman Wilkins concurred with Mr. Brown that he should have been involved in the discussion and he asked that Mr. Merriam, Mr. Brown and Mr. Tombs review the protocol to deal with these matters in the future.
The Board agreed to hold Harwich Civic Spirit Day on March 22, 2008 at the Community Center from 11:30 a.m. to 1:30 p.m.
CONSENT AGENDA
A. Approve Minutes –
1. February 25, 2008 – Executive Session
2. February 25, 2008 – Regular Session
B. Approve new Auto Class IV Auto Repairman License for West Harwich Sav-On
C. Approve new annual Innholders and Weekday Entertainment Licenses for Cape Cod Claddagh Inn and Pub
D. Approve Committee Appointments
E. Accept gift of metal chairs (for School) from St. Peter’s Lutheran Church
Mr. Cole moved to approve Items B through D in the Consent Agenda and take the pertinent actions thereto. Mr. McManus seconded the motion. Mr. Cole commented that he does not recall approving licenses for Auto Class IV in the past and he requested more information on the law this complies with in the future. The motion carried by a unanimous vote.
Mr. Piekarski moved to approve Item A. Mr. Marsland seconded the motion and the motion carried by a 4-1-0 vote with Mr. McManus abstaining from the vote.
Mr. Piekarski questioned why they are being asked to accept a gift to the School Department and commented that they do not know if the school wants this gift. Mr. Merriam responded that they do and Chairman Wilkins clarified that in the future acceptance of gifts for the School Department should go directly to the school as they have their own gift policy. Mr. Piekarski moved approval of Item E. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.
OLD BUSINESS
A. Vote to approve Budget Amendment #1
Mr. McManus moved approval of Budget Amendment #1. Mr. Marsland seconded the motion and the motion carried by a unanimous vote. (See attached.)
B. Review status of one-liners – Special Town Meeting Articles
Mr. Merriam reviewed the changes made to the one-liners. Mr. McManus requested to wait to vote on the Special Town Meeting articles until the figures are firm and it is on the agenda. The Board agreed to address the budget next week and Mr. Merriam agreed to incorporate Budget Amendment #1 into the budget. The Board also agreed to address the one-liners at their March 24th meeting.
NEW BUSINESS
A. Vote to open the May Special Town Meeting
At Mr. Merriam’s recommendation, Mr. Piekarski moved to open Special Town Meeting this evening and close it at noon on Friday, March 14th and that Special Town Meeting be held on May 6th at 8:00 p.m. Mr. Marsland seconded the motion. The Board agreed to agenda the Daluze property issue with the Golf Committee present. The motion carried by a unanimous vote.
B. Award Contract for Town Hall HVAC
At Mr. Merriam’s recommendation, Mr. McManus moved to award a contract to Lindgren & Sharples Consulting Engineers P.C. in the amount of $27,000. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.
TOWN ADMINISTRATOR’S REPORT
Mr. Merriam delivered the following report:
Legislation
A copy of Chapter 39 of the Acts of 2008 related to the Pine Grove Cemetery is provided by Dottie Smith. Attorney Ford is working on the Perpetual Care Account transfer. Also attached is Governor Patrick’s resubmitted bill for the Kelley Cemetery. Dottie also was successful by having Mass Highway respond to our request to transfer a parcel of land off Route 28.
Annual Town Meeting Articles
Attached is the spreadsheet of one-liners for the ATM warrant articles. The Finance Committee voted many of the articles on March 6th. They want to investigate whether CPA monies can be used to pay down the outstanding Land Bank debt.
Health Insurance for Elected Officials
Sandwich Town Administrator Bud Dunham provided us with a copy of their Town Meeting petition and a multi-town survey.
Police Station
Attached is the ballot question and motion as approved by Town Counsel and Bond Counsel.
Old Rec / West Harwich School
Staff met with Lynn Spencer to review outstanding tasks and complete the RFP. John Giorgio has promised the Ground Lease by early next week. Lynn will attend your March 17th meeting with the Working Group.
E911 Board
I attended a Board meeting in Taunton on March 6th. EOPS is filing new legislation to reauthorize the program. The 21 member Board is proposed to change to a 13 member Commission. Currently, the MMA seat will be eliminated.
SELECTMEN’S REPORT
Mr. McManus reported that the McCourt Foundation has met the requirements for their road race that the Board had placed on them and he agreed to talk to the Harwich Port Merchants Association to get something in writing.
Mr. Piekarski expressed his concern that the Ay! Caramba restaurant has not been open and asked that the office follow up so the Board can take the necessary action as the Local Licensing Authority.
Mr. Marsland requested a placeholder article to accept MGL Section 18, Chapter 32B. Mr. Merriam explained that there is an alternate method of acceptance and that is by ballot question. Chairman Wilkins stressed that the Board needs to have evidence of a systematic education program for retirees including those who reside out of state. Mr. McManus stated that he was concerned about the language “at no additional cost” being in the article because in some instances it does cost more and we need to figure out a way to hold those people harmless.
At 9:15 p.m., Mr. Piekarski moved to enter into Executive Session for negotiations and not to reconvene in public session. Mr. McManus seconded the motion and the motion carried by a unanimous vote.
ADJOURNMENT
Respectfully submitted,
Ann Steidel
Recording Secretary
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