013fMINUTES
SELECTMEN’S MEETING
GRIFFIN ROOM, TOWN HALL
MONDAY, MARCH 17, 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, David Ryan, Sue Leven, Paula Champagne, Joe Borgesi, Eileen Connell, Cathleen Connell, Tom Gould, Richard Houston, Lynn Spencer, John Prophet, Gerry Loftus, Bob Bradley, and others.
MEETING CALLED TO ORDER at 7:00 p.m. by Chairman Wilkins.
WEEKLY BRIEFING
Ms. Champagne reported on the success of the recent employee health fair sponsored by the
Barnstable County Extension Program.
PUBLIC COMMENT/ANNOUNCEMENTS
No one appeared before the Board.
CONSENT AGENDA
A. Approve Minutes – March 3, 2008 Regular Meeting
B. Approve Sunday Entertainment license for Cape Cod Claddagh Inn & Irish Pub
Mr. McManus moved approval of the items on the consent calendar and the recommended actions thereon. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.
OLD BUSINESS
A. Change name on All Alcohol Innholders License application to John F. Connell d/b/a Cape Cod Claddagh Inn & Irish Pub
Mr. Merriam explained that it was recommended to the Connell’s that the name on Form 43 be changed to John F. Connell d/b/a Cape Cod Inn and Irish Pub as this will facilitate the transfer. Mr. Cole moved to approve the modification in Form 43 to substitute the name of John F. Connell as the name of the licensee in place of Cape Cod Claddagh Inn and Irish Pub. Mr. McManus seconded the motion and the motion carried by a unanimous vote.
B. Letter from Golf Committee regarding transfer of Town land to Mr. Daluze
Mr. Merriam noted that there is a report and map from the Town Surveyor on this property. He explained that a piece of the golf course protrudes into lot 3 at the corner of Cliff’s Way and Daluze Drive located behind the 16th tee and the way the house is situated, the pointed part of our parcel takes away from the appropriateness of the rear yard. He noted that it is property that does not affect the tee box at all. Mr. Merriam stated that the Golf Committee is asking us to investigate and determine whether we would be in a position to transfer title or sell a piece of it. Mr. Merriam further explained that for approximately 20 years the cart path has jutted into this private property or extended beyond our property line and currently falls within the 50 foot layout of Cliff’s
Way. He stated that this represents 1,501 sq feet and is equidistant 60 feet on either side of the triangle. He stated that the new owners of lot 3 would like to locate a pool behind their property and there is about a 20 foot setback from the rear yard line where the owners could set a pool. He pointed out that it does not impact on the functionality of the course and the Golf Committee is supportive and would consider it to be declared surplus. He noted that there is a draft article for this on the Special Town Meeting warrant to have Town Meeting authorize the Board of Selectmen to sell this particular piece of land. He stated that he has conveyed a value to the new owners as indicated by Mr. Scannell and they are taking it under advisement. Mr. McManus pointed out that anyone could bid on it. Mr. Merriam took questions from the Board and asked for their support of the article.
C. Chief Executive Officer designation
Chairman Wilkins explained that last week the Board discussed the relationship and the appropriateness of the Board of the Selectmen and the School Committee in terms of negotiations at which time the Board voted to send a letter having to do with a desire to participate in negotiations. He noted that subsequent to that he had requested that the Town Administrator seek a legal opinion on the aspect which pointed to General Law 150E as it related to the Town Charter and the Board of Selectmen being the Chief Executive Officer. He stated that we received the opinion from Attorney Giorgio which raised a question in his mind as to the appropriateness of this activity. He noted that there was also an opinion from Attorney Lennox, Chief Labor Negotiator for the School Committee, and it was his opinion that the
Chief Executive Officer or designee has a right to participate in School Committee deliberations as related to General Law 150E but it does not cross over into participating in negotiations. He pointed out that it is not a full School Committee that negotiates but rather it is a subcommittee.
Mr. Merriam summarized that both General Law 150E and the Education Reform Act of 1993 indicate that the Town Administrator has a right to negotiate with the School Committee. He stated that it is our Charter that says the Board of the Selectmen serves as the Chief Executive Officer, therefore our Town Counsel is saying that if the Board wants the Town Administrator to participate they would have to designate him as the Chief Executive Officer for the limited purpose of negotiations.
Mr. Piekarski moved to designate the Town Administrator, James Merriam, to be the representative of the Chief Executive Officer’s of the Town of Harwich to assist in the negotiation process with the Harwich Public Schools. Mr. Marsland seconded the motion. The motion passed on a 3-2-0 vote with Chairman Wilkins and Mr. McManus in opposition.
Chairman Wilkins asked Mr. Merriam to re-draft the letter. Mr. McManus moved to pose to our Town Counsel a question that was raised over the distinction Mr. Lennox made in what appears to be some question of what the terminology in Section 150E, Section 1 is, in short, to make a request for an opinion of Town Counsel to give us a fuller interpretation on the question of what participate means. Chairman Wilkins pointed out that Mr. McManus has a right to make that request individually and the Board agreed there was no need for a vote.
D. Discussion with 32B Health Insurance Group
Mr. Merriam outlined his memo to the Board dated March 17, 2008 (see attached). Mr. Gould disputed the cost figures given by Mr. Merriam and commented that there isn’t a savings for employees or retirees. Chairman Wilkins stated that it is clear there are differences of opinions that are not all going to be resolved. Mr. Gould urged that the budget be funded appropriately so that we aren’t running short next year as they expect people to migrate to different plans and the numbers that his Committee put together are concrete. Chairman Wilkins stated to Mr. Merriam and Mr. Ryan that when it comes to this particular matter they are going to be held accountable as it is their responsibility to identify and give the Board the correct numbers to make sure this works. He
stated that it is their judgment, opinions and recommendations that will be held to judgment by the Board. Mr. Merriam and Mr. Gould took questions from the Board.
Mr. Houston asked questions of the Town Administrator and commented that we lose a huge amount of control by joining the Cape Cod Medical Health Group. He stated that the Committee’s proposed increases are less than the Cape Cod Medical Health Group’s increases and added that going out to bid would give us even more control. He further debated Mr. Merriam’s proposal noting that it is not going to save us money.
Chairman Wilkins stated that we have the responsibility to become involved in a long range plan and the immediate savings may not be available now but until we commit for three to five years, we’ll never have the evidence to demonstrate whether or not we made the right decision.
The Board further discussed Mr. Merriam’s proposal with Mr. Houston and no action was taken. Mr. McManus requested to agenda a discussion on the Section 18 article.
E. Update on Old Rec/W. Harwich RFP process
Mr. Merriam gave a history of the RFP process to date. He noted that the throughout the RFP process, the RFP has been reviewed by the working group, staff and Town Counsel. Mr. Merriam stated that he believes the RFP to be fairly complete and hopes it meets with a consensus of the working group.
Ms. Spencer outlined the latest version of the RFP and presented drawings and schematics of the proposed project. She took extensive questions from both the Board and working group members. Chairman Wilkins stressed to the working group that it is time to move forward on this project and resolve this issue. Mr. Merriam said that Town Counsel is still working on the ground lease but he committed to having an RFP out on the street by April 10th. Chairman Wilkins stated that he expects that every member of the working group will talk to Mr. Merriam about the final RFP and he doesn’t expect 100% agreement.
NEW BUSINESS
A. Approve FY 2008 and FY 2009 Revaluation Program of all Commercial Personal Property Accounts – Assessors
At Mr. Scannell’s and Mr. Merriam’s recommendation, Mr. McManus moved to approve the revaluation program for commercial personal property accounts with Paul Kapinos and Associates. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.
B. Vote to approve budget
Mr. Piekarski moved to rescind the motion from last week approving Budget Amendment #1. Chairman Wilkins seconded the motion and the motion carried by a unanimous vote.
Mr. Piekarski moved to approve the Town Administrator’s budget as submitted this evening. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.
TOWN ADMINISTRATOR’S REPORT
Mr. Merriam delivered the following report to the Board:
Local Aid Resolution
The House Senate released its resolution on FY 09 Local Aid on Wednesday for Chapter 70 and Lottery. These are the same amounts as found in the Governor’s Budget, which are: Chapter 70- $1,871,266 and Lottery $536,099.
Standard and Poor’s Bond Rating
A conference call was conducted on March 14th between our Cape Cod 5 Bank advisors, S&P Boston and New York and our Finance Team. The call was notably short and went very well. They were impressed with our 5 year Financial Plan and our command and control of our Local Finances. Their rating will be issued on March 17th.
Flex Bus
Lawmakers have passed a $6,025,239 supplemental budget for the state's regional transit authorities that will cover the RTA FY07 deficit and its share of the Flex Bus.
MMA Environmental Policy Committee
I attended the Environmental Policy Committee meeting in Boston on Wednesday. Attached are copies of the $1.5 B Environmental Bond Bill, the Global Warming Solutions Act and the Green Budget printed by the Environmental League of Massachusetts.
CCMHG
Carol Cormier from Group Benefits Strategies has informed me that we have an extension deadline until April 4th to join the CCMHG.
Ay! Caramba
Irasema Mendoza of Ay! Caramba came into the office on March 10, 2008 and informed us that the paperwork has been completed for the sale of her business.~ She requested the documents to transfer her liquor license to the new owner, which we supplied to her.
School Gifts
The Superintendent is authorized to accept gifts to the system, and others whom he may designate shall be authorized to accept gifts for particular schools, on behalf of the Committee.~ The donor shall be officially thanked in the Committee’s name and all major gifts shall be reported to the Committee and publicly announced.
In instances where the Superintendent or his designee doubts the appropriateness or usefulness of an offered gift, the gift may be declined or the matter may be referred to the
Committee. The Selectmen’s current policy requires that the Selectmen accept all gifts to the Town. (There had been an issue with a fence at Whitehouse Field ) Our policy ought to be amended to recognize that gifts can be accepted by the School Committee and Library Trustees.
Subject: Reverse 911
Update on BCREPC executive committee meeting yesterday – The project for a county- wide reverse 911 system is moving forward.~ The system will be housed at the Sheriff’s office and is the same type used by Plymouth County.~ This will allow the Sheriff’s office to piggy back on T-1 lines from other places when a message is sent out.~ According to Sheriff Cummings the project should be up and running by the summer. I have asked Lee Culver to evaluate this and two other systems.
Health Insurance for Elected Officials
Attorney Lauren Goldberg has received a verbal confirmation from State Ethics Counsel David Wilson that he has accepted her rationale of the Board’s right to decide this matter. Upon a written response from State Ethics, we will schedule a Board discussion for March 24th.
Finance Committee
Attached is a one liner update of votes taken by the FinCom through March 13, 2008. A discussion between Chairman Toombs, Chairman Brown and I took place on March 13th.
We will continue to explore for the long term whether Land Bank debt should be paid off in an accelerated manner. Currently the first Land Bank debt eligible will come in FY 11.
The FinCom approved a RFT for $50,000 for the School Department due to increased SPED costs. We will add a supplemental School Budget article requested by the School Committee and a second article to partially restore the Reserve Fund.
CV Practice Facility
Attached is a draft business plan by Dennis Hoye and a proposal by Robert Miller regarding a Miller Golf Academy. Further discussion will be required to resolve any conflicting ideas how best to proceed.
CV 16th Tee
A meeting has been set for Monday to discuss whether an agreement can be reached in which a portion of a CV parcel of land could be authorized to be sold.
Stonewood Products
We have scheduled a meeting with Anthony, Town and Cape Cod Commission staff for March 18th to try to driveway access to his land and to address our safety concerns.
Youth Counselor
I met with Sheila House to review her counseling and activity schedules.
Office layouts
John Eldridge worked on office re-arrangements between Treasurer/Collector and Accounting, including the cutting in of a new door. Electrical wiring had to be moved, telephones redirected, counters made, cabinets relocated, walls plastered and painted and furniture moved and relocated. All employees are pleased with the changes and high quality of work performed. Selectman McManus is repairing the old bank table which John appropriately relocated to the old bank section in the Selectmen’s Office.
STM warrant
As of this writing, there are 11 draft warrant articles. We will forward to counsel for their review. A copy of the draft will be in your packet.
With regard to Ay! Caramba, Mr. Piekarski stated that the licensee has failed to meet the obligation of the license because the business has been closed for several weeks and they didn’t seek permission to do so. He requested that the Board have a hearing with the licensee next week to explain what is going on and why they didn’t get permission to close so the Board can decide what they as the Local Licensing Authority should do. Chairman Wilkins and Mr. Marsland requested that Mr. Merriam provide them with the correct procedure and the legalities on this issue.
Mr. McManus stated that there needs to be a public hearing held by either the Board of Selectmen or the By-Law Charter Review on Article 10 of the Special Town Meeting, Amend Town Charter – Historical and Historic District Commission Consolidation.
ADJOURNMENT
The meeting adjourned at 10:31 p.m.
Respectfully submitted,
Ann Steidel
Recording Secretary
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