Town of Harwich Massachusetts - Minutes

SELECTMEN’S MEETING

GRIFFIN ROOM, TOWN HALL

MONDAY, MARCH 31, 2008

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

SELECTMEN ABSENT: None

OTHERS PRESENT: Town Administrator James Merriam, Assistant Town Administrator Nan Balmer, Chief Flynn, David Ryan, Lincoln Hooper, Geoffrey Wiegman, Richard Flink, Richard Thomas, Francois Marin, and others.

MEETING CALLED TO ORDER at 7:00 p.m. by Chairman Wilkins.

Chief Flynn reported on the Fire Department’s recent rescue of 3 youths who were swept out to sea on a floatable dock off of the Belmont Road jetty. Chief Flynn also commended the public safety staff who responded to the recent ATV accident and thanked them for their outstanding efforts. Chairman Wilkins noted that there is a bill being submitted on ATV regulations and he will agenda a discussion on this bill.

Mr. Hooper advised the Board that Route 39 will be resurfaced during the week of April 21^st. Chairman Wilkins requested that Mr. Hooper notify the merchants in the area.

PUBLIC COMMENT/ANNOUNCEMENTS

Mr. Wiegman made the following statement to the Board:

I have two things I’d like to cover tonight. The first is I’ve been getting a lot of calls and stopped on the street etc. about my position and the position of the Harwich Taxpayers Association regarding the police station and I understand that this Board has approved the warrant article and put their support behind it. I have, as you know, worked at an earlier time with the Building Committee. I think they have done a great job. They have gotten the cost down, I believe about as far as they can go. But the issue revolves around regionalization and the comments I’m getting are why should we spend $10 million if were going to try to regionalize the Police Department. Now I don’t know whether we’re going to try to regionalize the Police Department. It’s certainly something I believe that should be reviewed. I know the Fire Department actually has a plan that they’re looking at with respect to regionalization. I don’t know if the Police Department has one. But the issue obviously is that we don’t want to build a building and have it be surplused because we decide to regionalize and we’re going to regionalize with another town. In fact, I thought it was a good opportunity when I read a few weeks ago that the Chatham Police Chief might take a new job over in Springfield and I sent Mr. Merriam the article and suggested what a perfect time to get together with Chatham when they’re going to build a new police station and they don’t have a Police Chief. I mean we could combine it very nicely. Unfortunately that opportunity is not there. I’m not saying that we should go one way or another. I think that the public would feel much more comfortable knowing what plans are in place, if any, with respect to regionalization, what the strategy of this Board is with respect to regionalization of the police, and a potential timeframe. If it’s something that is going to happen 10 years out or may happen 10 years out, that’s one thing, if its something that may happen two years out or three years out, that’s something different. I think you’re going to have a lot of difficulty getting this passed unless people clearly understand what’s going on with respect to this issue and I urge you rather than waiting till Town Meeting floor to talk about this issue that this get out there in the public beforehand so that people have a chance to evaluate the comments, evaluate the thoughts and make a decision based on that.

At this time Mr. Wiegman read the attached letter to the Board claiming discrimination in enforcement of the sign code.

Chairman Wilkins responded that members of the Board have participated in several meetings having to do with regionalization on Cape Cod. He noted that we are entering into a conversation with Chatham regarding potential regionalization and Mr. Lombard had had a conversation with Chatham regarding regionalization with the Chatham Fire Department. He pointed out that no other community has approached us in the six years since Harwich committed to replacing its Police Station.

Mr. Cole stated that both Brewster and Dennis have recently built stations and Chatham is on the road to building a combination Police Station and Town Hall Annex and are well into the planning. He stated that the stations are not designed to hold two forces and he reiterated that no approaches have been made to us. Mr. Cole stated that there seems to be a view among some members of the public that regionalism is some panacea for all of our costly problems. Mr. McManus and Mr. Cole suggested that more realistic and potential cost savings through regionalization might be in other areas such as upper management and inspection services. Mr. McManus stated that this Board has demonstrated an open willingness to continue these discussions unfortunately there have been no takers. Chairman Wilkins encouraged the Harwich Taxpayers Association to get in touch with the Cape Cod Chamber of Commerce who is discussing the issue. Chairman Wilkins also stated that they will not be able to respond to questions about regionalization by Town Meeting.

A. Approve minutes –

1. March 10, 2008 – Executive Session 6:30 p.m.

2. March 10, 2008 – Executive Session 9:20 p.m.

B. Approve Sunday Entertainment and Go-Kart license renewals for Bud’s Go Karts

C. Approve Sunday Entertainment, Batters Box and Automatic Amusement license renewals for Grand Slam Entertainment

Mr. McManus moved approval of the Consent Agenda. Mr. Cole seconded the motion and the motion carried by a unanimous vote.

A. Request by Trail Committee to increase membership to eight

Mr. Cole pointed out that the membership has to be an odd number. He motioned to increase the membership of the Trail Committee from 7 to 9. Mr. McManus seconded the motion and the motion carried by a unanimous vote.

Mr. McManus pointed out that there is a letter suggesting that the Board appoint Dr. Cushing to the Committee. Mr. McManus moved to appoint Dr. Cushing to be the eighth member. Mr. Cole seconded the motion and the motion carried by a unanimous vote.

A. Vote on Annual and Special Town Meeting articles

Mr. McManus commented that the free cash figure is not acceptable and said the Board should consider not funding some articles this year.

Annual Town Meeting Articles

Mr. McManus moved to take a positive recommendation on Article 1, Town Officers & Committees. Mr. Cole seconded the motion and the motion carried by a unanimous vote.

Mr. McManus moved to take a positive recommendation on Article 2, Reports of Town Officers & Committees. Mr. Cole seconded the motion and the motion carried by a unanimous vote.

Mr. McManus moved to take a positive recommendation on Article 3, Elected Officials Salaries. Mr. Cole seconded the motion and the motion carried by a unanimous vote.

Mr. McManus moved to take a positive recommendation on Article 5, Approve Capital Outlay Plan. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

Mr. Cole moved to support Article 6, Construction of a New Police Facility. Mr. McManus seconded the motion and the motion carried by a unanimous vote.

Mr. Cole moved to support Article 7, Road Maintenance Program. Mr. Marsland seconded the motion. The motion carried by a 3-2-0 vote with Mr. McManus and Mr. Piekarski in opposition.

Mr. Cole moved to support Article 8, Lease or Purchase and Equip Vehicles. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

Mr. Cole moved to approve the first item under Article 9, Purchase/Equip New Equipment – 1 New Excavator. Mr. McManus seconded the motion and the motion carried by a unanimous vote.

After discussion with Mr. Hooper, Mr. McManus moved to Indefinitely Postpone the second item under Article 9, Purchase/Equip New Equipment – 5 Solar Powered Big Belly Trash Compactors. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

Mr. Cole moved to support Article 10, Replace Portion of Roof at Highway Maintenance Building. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

Mr. Cole moved to support Article 11, Defray Costs of Queen Anne Road/Rte. 124 Intersection Project. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

Mr. Cole moved to support Article 12, Program to Replace Self Contained Breathing Apparatus. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

Mr. Cole moved to support Article 13, Purchase Ambu-Pro Electronic Ambulance Incident Data Mgmt. & Reporting System. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

Mr. Marsland moved to support Article 14, New Water Source Exploration. Mr. Cole seconded the motion and the motion carried by a unanimous vote.

Mr. Marsland moved to support Article 15, Replace Pilings at Saquatucket Harbor. Mr. Cole seconded the motion and the motion carried by a unanimous vote.

Mr. Marsland moved to support Article 16, Fund Permitting for Allen Harbor Dredging. Mr. Cole seconded the motion and the motion carried by a unanimous vote.

Mr. Marsland moved to Indefinitely Postpone Article 17, Fund Replacement of Comfort Station at Allen Harbor. Mr. McManus seconded the motion and the motion carried by a unanimous vote.

Mr. Marsland moved to support Article 18, Fund Harbor Engineering Study. Mr. Cole seconded the motion and the motion carried by a unanimous vote.

Mr. Marsland moved to support Article 19, Add to Dredging Reserve Fund, at $125,000. Mr.

Cole seconded the motion and the motion carried by a unanimous vote.

Mr. Marsland moved to Indefinitely Postpone Article 20, Allen Harbor Dock System. Mr. McManus seconded the motion and the motion carried by a unanimous vote.

Mr. Marsland moved to support Article 21, Technology Hardware and Software for School Department. Mr. Cole seconded the motion and the motion carried by a 4-1-0 vote with Mr. Piekarski in opposition.

Mr. Marsland moved to Indefinitely Postpone Article 22, Fund School Building Maintenance. Mr. Cole seconded the motion. After discussion the Board agreed that this article should be deferred until more information is available and Mr. Marsland withdrew his motion.

Mr. Marsland moved to support Article 23, Renovation of Tee Boxes and Surrounding Areas at Cranberry Valley Golf Course. Mr. Cole seconded the motion. After discussion, Mr. Marsland withdrew his motion and the Board agreed to hold this article.

Mr. Marsland moved to support Article 24, Maintain, Update, and/or Certify Real/Personal Property Valuations. Mr. Cole seconded the motion and the motion carried by a unanimous vote.

Mr. Marsland moved to support Article 25, Approve Purchase of New Voting Machines

Chairman Wilkins seconded the motion and the motion carried by a unanimous vote.

Mr. Marsland moved to support Article 26, Preservation of Town Records. Mr. McManus seconded the motion and the motion carried by a unanimous vote.

Mr. Marsland moved to support Article 27, Restoration, Preservation and Storage of Town Records. Mr. Cole seconded the motion and the motion carried by a unanimous vote.

Mr. Marsland moved to support Article 28, Inventory, Appraise and Restore Paintings. Mr. McManus seconded the motion and the motion carried by a unanimous vote.

Mr. Marsland moved to support Article 29, Digitize Harwich Independent Newspaper & Purchase Computer for Brooks Academy. Mr. Cole seconded the motion and the motion carried by a unanimous vote.

Mr. Marsland moved to support Article 30, Preserve and Restore Brooks Academy. Mr. McManus seconded the motion and the motion carried by a unanimous vote.

Mr. Marsland moved to support Article 31, South Harwich Meeting House Restoration Projects. Mr. McManus seconded the motion and the motion carried by a unanimous vote.

Mr. Marsland moved to support Article 32, Purchase and Install Climate Control System at Brooks Academy. Mr. McManus seconded the motion and the motion carried by a unanimous vote.

Mr. Cole moved to support Article 33, Restoration Projects at Old Recreation Building, at an estimated cost of $57,500. Mr. McManus seconded the motion. After discussing the article with Mr. Loftus, the motion failed on a 2-2-1 vote with Mr. Piekarski and Mr. Marsland in opposition and Mr. Cole abstaining from the vote.

Mr. Cole moved to support Article 34, Development of Affordable Housing on Old Rec and West Harwich Sites, at and estimated cost of $50,000. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

Mr. McManus moved to Indefinitely Postpone Article 35, Affordable Housing Needs Analysis. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

Mr. Cole moved to support Article 36, Affordable Housing Projects on Town Properties, at an estimated cost of $25,000. Mr. Marsland seconded the motion and the motion carried by a 4-1-0 vote with Mr. Piekarski in opposition.

Mr. Cole moved to support Article 37, Main Street Extension Housing Development Project, at an estimated cost of $300,000. Mr. McManus seconded the motion and the motion carried by a unanimous vote.

Mr. Cole moved to support Article 38, Rental Voucher Program, at an estimated cost of $50,000. The motion failed on a 2-3-0 vote with Mr. Piekarski, Mr. Marsland and Mr. Cole in opposition. Mr. McManus pointed out that negative motions are not acceptable for CPC articles. Mr. Marsland moved to Indefinitely Postpone Article 38. Mr. Piekarski seconded the motion and the motion carried by a 3-2-0 vote with Mr. McManus and Chairman Wilkins in opposition.

Mr. Cole moved to support Article 39, Affordable Housing Infrastructure and Development Assistance Fund, at an estimated cost of $150,000. Mr. McManus seconded the motion and the motion carried by a 4-1-0 vote with Mr. Piekarski in opposition.

Mr. McManus moved to take a position of support on Article 40, Purchase of Land for Open Space Purposes. Mr. Marsland seconded the motion. After discussion, Mr. McManus withdrew his motion and moved to defer action on this item rather than Indefinitely Postpone. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

Mr. McManus moved to support Article 41, Engineering and Design of Multi-Purpose Recreation Fields, in the amount of $10,000. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

Mr. McManus moved to take a position of support on Article 42, Purchase and Install Improvements at Potter’s Field. Mr. Cole seconded the motion and the motion failed on a 2-2-1 vote with Mr. Piekarski and Mr. Marsland in opposition and Mr. Cole abstaining from the vote. Mr. Marsland moved to Indefinitely Postpone Article 42. Mr. Piekarski seconded the motion and the motion carried by a 3-1-1 vote with Mr. McManus in opposition and Mr. Cole abstaining from the vote.

Mr. Cole moved to support Article 43, Design, Purchase and Installation of Infield System at Whitehouse Field, at an estimated cost of $25,000. Chairman Wilkins seconded the motion. The Board discussed the article in relation to the Newton case. The motion failed on a 2-3-0 vote with Chairman Wilkins, Mr. Marsland and Mr. Piekarski in opposition. Mr. Marsland moved to Indefinitely Postpone Article 43. Mr. Piekarski seconded the motion and the motion carried on a 3-1-1 vote with Mr. McManus in opposition and Mr. Cole abstaining from the vote.

Mr. Cole moved to support Article 44, Fund Walking Trail Improvements, at an estimated cost of $4,000. Mr. McManus seconded the motion and the motion failed on a 2-3-0 vote with Chairman Wilkins, Mr. Marsland and Mr. Piekarski in opposition. Mr. Piekarski moved to Indefinitely Postpone Article 44. Mr. Marsland seconded the motion and the motion carried by a 3-2-0 vote with Mr. McManus and Mr. Cole in opposition.

Mr. Marsland moved to Indefinitely Postpone Article 45, Purchase and Installation of Bike Trail Crossing Systems. Mr. Piekarski seconded the motion and the motion carried on a 3-2-0 vote with Mr. McManus and Mr. Cole in opposition.

Mr. McManus moved to support Article 46, Community Preservation Committee Administrative Costs. Mr. Piekarski seconded the motion and the motion carried by a unanimous vote.

Mr. McManus moved to support Article 47, Golf Revolving Fund. Mr. Piekarski seconded the motion and the motion carried by a unanimous vote.

Mr. Marsland moved to support Article 48, Cable Fund. Mr. Piekarski seconded the motion and the motion carried by a unanimous vote.

Mr. McManus moved to support Article 49, Channel 18 Upgrade. Mr. Piekarski seconded the motion and the motion carried by a unanimous vote.

Mr. Marsland moved to support Article 50, Allen Harbor Parking Lot Lease. Mr. Cole seconded the motion and the motion carried by a unanimous vote.

Mr. Piekarski moved to reconsider Article 49, Channel 18 Upgrade. After discussion with the Town Administrator about the lack of dollar amount assigned to the article, the motion carried by a 4-1-0 vote with Mr. McManus in opposition. Mr. Piekarski moved to Indefinitely Postpone Article 49. Mr. Marsland seconded the motion. Mr. Piekarski then withdrew his motion and moved to defer action. Ms. Balmer pointed out that they may have a figure on this article before Town Meeting. Mr. McManus seconded the motion and the motion carried by a unanimous vote.

Mr. Cole moved to support Article 51, Wind Turbine Feasibility Study. Mr. McManus seconded the motion and the motion carried by a unanimous vote.

Mr. Piekarski moved to support Article 52, Supplement Fund for Cultural Council Activities. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

Mr. Piekarski moved to support Article 53, Promote Agriculture in Harwich, at $3,000. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

Mr. McManus moved to support Article 54, Demolition Delay Proposed By-Law Change. Mr. Cole seconded the motion and the motion carried by a 4-1-0 vote with Mr. Piekarski in opposition.

Mr. Cole moved to support Article 55, Intent Requirement Proposed By-Law Change. Mr. McManus seconded the motion and the motion carried by a 4-1-0 vote with Mr. Piekarski in opposition.

Mr. Piekarski moved to support Article 56, Transfer For Affordable Housing. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

Mr. Cole moved to support Article 57, Pleasant Bay Resource Management Plan Update. Mr. McManus seconded the motion and the motion carried by a unanimous vote.

Mr. Cole moved to support Article 58, Accept Provisions of M.G.L. Ch. 41, §38A To Create a Town Collector. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

Mr. McManus moved to support Article 59, Support Public Safety Services At Town Celebrations, at an amount of $12,000. Chairman Wilkins seconded the motion and the motion carried by a 3-2-0 vote with Mr. Piekarski and Mr. Marsland in opposition.

Mr. Marsland moved to support Article 60, Defray Expenses of the Chase Library and the Harwich Port Library, at $22,630. Mr. McManus seconded the motion and the motion carried by a 3-1-1 vote with Mr. Piekarski in opposition and Mr. Cole abstaining from the vote.

Mr. Marsland moved to support Article 61, Defray Costs of the Harwich Athletic Association, at $3,000 from free cash. Mr. McManus seconded the motion and the motion carried by a unanimous vote.

Mr. Marsland moved to support Article 62, Promote the Town of Harwich, at $16,000 from free cash. Mr. Cole seconded the motion and the motion carried by a unanimous vote.

Mr. McManus moved to take a position of support on Article 63, Funding for a Safe and Rapid Withdrawal of All U.S. Troops from Iraq. Mr. Cole seconded the motion. After discussion, Mr. McManus withdrew his motion. Mr. Piekarski moved to Indefinitely Postpone this article. Mr. Marsland seconded the motion and the motion failed on a 2-3-0 vote with Chairman Wilkins, Mr. McManus and Mr. Cole in opposition.

Mr. McManus moved to take a position of support on Article 64, Compensation Balance Agreement; Article 65, Liability Tidal/Non Tidal Rivers; Article 66, Herring Fisheries; and Article 67, Establish Council on Aging Revolving Fund. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

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

Special Town Meeting Articles

Mr. Marsland moved to support Article 1, Town Hall Roof Replacement, at $40,000 from free cash. Mr. Cole seconded the motion and the motion carried by a unanimous vote.

Mr. Marsland moved to support Article 2, Supplement FY08 Budget. Chairman Wilkins seconded the motion and the motion carried by a 4-1-0 vote with Mr. Piekarski in opposition

Mr. Marsland moved to support Article 3, Transfer for Reserve Fund. Chairman Wilkins seconded the motion and the motion carried by a 4-1-0 vote with Mr. Piekarski in opposition.

Mr. Marsland moved to support Article 4, Unpaid Bills. Mr. McManus seconded the motion. Mr. Piekarski pointed out that there were no unpaid bills after which Mr. Marsland withdrew his motion. Mr. Marsland moved to Indefinitely Postpone this article. Mr. Piekarski seconded the motion and the motion carried by a unanimous vote.

Mr. Marsland moved to support Article 5, Appropriation of GASB45. Mr. McManus seconded the motion and the motion carried by a unanimous vote.

Mr. Cole moved to support Article 6, Planning Board Membership Reduction. Mr. McManus seconded the motion and the motion carried by a unanimous vote.

Mr. Cole moved to support Article 7, Wetlands Protection By-Laws. Mr. McManus seconded the motion and the motion carried by a unanimous vote.

Mr. Marsland moved to support Article 8, Convey Parcel at Cranberry Valley Golf Course. Mr. McManus seconded the motion and the motion carried by a unanimous vote.

Mr. McManus moved to take a position of support on Article 9, Amend Charter – Consolidate Historic District Commission and Historical Commission. Mr. Cole seconded the motion and the motion carried by a unanimous vote. Mr. McManus moved to schedule a Public Hearing to take testimony on the proposed Charter amendment for two weeks from tonight. Mr. Marsland seconded the motion and the motion carried by a 4-1-0 vote with Mr. Piekarski in opposition.

Mr. McManus moved to take a position in support of Article 10, Inclusionary By-Law. Mr. Cole seconded the motion and the motion carried by a unanimous vote.

Mr. Piekarski moved to support Article 11, Lease land at 265 Sisson Road and Article 12, Lease land at 5 Bells Neck Road. Mr. McManus seconded the motion and the motion carried by a unanimous vote.

Mr. Piekarski moved to support Article 13, Accept Chapter 32B, Section 18. Mr. Marsland seconded the motion. Mr. Cole pointed out that we’re requiring people to enroll in Part B and the article indicates enrolling in a supplemental plan. Mr. Merriam clarified that Part B is required and the supplemental is not. He noted that the article language is right out of the statute but agreed to check it. Mr. McManus questioned if we have developed a methodology on how to hold people harmless on their cost. Mr. Merriam explained that the Cape Cod Medical Health Group is offering three new fee for service plans that would address the hold harmless issue. He added that there are other plans other than the Medex 3 and he stated that there has been no Town subsidy proposed.

Mr. Piekarski moved to extend the meeting an additional 5 minutes. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

Mr. Cole stated that it was his understanding that we were going to try to work something out to hold some people harmless who were going to have to pay more out of pocket. Mr. Merriam said he would do a spreadsheet to prove that there would be no additional out of pocket costs. The motion carried by a 4-1-0 vote with Mr. McManus in opposition.

Mr. Piekarski moved to support Article 14, Health Insurance for Elected Officials. Mr. Marsland seconded the motion and the motion carried by a 4-1-0 vote with Mr. McManus in opposition.

TOWN ADMINISTRATOR’S REPORT

No report was delivered.

Mr. Piekarski moved to adjourn at 10:52 p.m. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

Respectfully submitted,