Town of Harwich Massachusetts - Minutes

SELECTMEN’S MEETING

GRIFFIN ROOM, TOWN HALL

MONDAY, APRIL 7, 2008

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

SELECTMEN ABSENT: None

OTHERS PRESENT: Town Administrator James Merriam, Asst. Town Administrator Nan Balmer, Chief Mason, Chief Flynn, David Ryan, Lincoln Hooper, Elizabeth Hude, Ray Jefferson, Leo Cakounes, and others.

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

Chief Flynn reported that the Cape Light Compact’s electricians are making operational improvements at both stations.

Mr. Jefferson updated the Board on the bid process for the proposed public safety facility and Mr. Merriam and Mr. Ryan commented on the favorable bidding climate due to the current bond market, interest rates and construction market.

Ms. Hude reported on the status of the revision and updating of the Town website. She added that Harwich recently won the 2008 E-government award for its website.

A. Approve minutes – March 17, 2008 – Regular Session

B. Approve Annual Angel’s Hope “Walk of Hope” for May 3, 2008

C. Address requests by MA Motorcycle Association

Mr. Cole moved to approve the items on the Consent Agenda and the actions pertaining thereto. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

A. Request to sign Big Belly Trash Compactors Clean Energy Grant for $9,450

Mr. McManus moved to authorize the Chair to sign the grant for the Massachusetts Technology Collaborative Clean Energy Grant Program. Mr. Cole seconded the motion and the motion carried by a unanimous vote.

B. Recommend Town’s representative to the Cape Cod Commission

Mr. Cole moved to appoint Leo Cakounes to serve as our representative to the Cape Cod Commission for a term that commences the first of May and runs for three years. Mr. Marsland seconded the motion. Mr. Cakounes agreed to accept the appointment under two conditions: 1) if anyone else steps forward and shows an interest in the position, it is understood that he will step down willingly and 2) since the Cape Cod Commission is revamping and new conditions are coming forward, a roundtable discussion be set up with the Planning Department, Town Accountant and one or two Board members on how these regulations will affect the Town of Harwich. Mr. Cole agreed to incorporate the conditions as part of his motion. The motion carried by a unanimous vote.

C. Vote to approve final contract for Police Federation

Mr. Merriam explained that there were additional edits to the contract, none of which have any real substance, and he asked that the Board confirm their previous vote. Mr. McManus moved to ratify and endorse the final version of the agreement between the Harwich Police Federation and the Town of Harwich. Mr. Cole seconded the motion and the motion carried by a unanimous vote.

D. Adopt Orders of Taking for the layout of Old Carriage Drive, Walkerwoods Drive and Courtney Road Extension

Mr. McManus moved to adopt the Orders of Taking pursuant to General Law, Chapter 82, Section 24, Orders of Taking, for Old Carriage Drive, Walkerwoods Drive and Courtney Road Extension. Mr. Cole seconded the motion and the motion carried by a unanimous vote.

E. Town Administrator Evaluation

Chairman Wilkins explained that the Board has not met the timeline as stated in the policy for the Town Administrator’s evaluation. He provided packets to the Board members on this subject and noted that he would like to schedule a 90 minute discussion on next week’s agenda. He requested that the Town Administrator come back with an action plan of goals and objectives that would carry us forward beginning July 1st of this year. He also asked that Mr. Merriam fill out an evaluation form as well.

F. Vote to refer Inclusionary Housing zoning article to the Planning Board for Public Hearing.

Mr. McManus moved to refer the Inclusionary Housing zoning article to the Planning Board for Public Hearing. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

G. Request by Ay Caramba Café to temporarily close for repairs and pending sale

Mr. Cole moved to approve the request to remain closed until May 26, 2008. Mr. McManus seconded the motion and the motion carried by a unanimous vote.

A. Questions for Selectmen from By-Law and Charter Review Committee

Mr. Jefferson outlined his memo to the Board dated March 24, 2008 in which he noted decisions the Board needed to make with regard to the draft codifications of the Charter and By-Laws (see attached). He noted that Ms. Champagne had recommended no change on Section 4, Item A, and that on Item B, his Committee is recommending increasing the penalty to $300 which is the statutory maximum. Mr. Marsland moved the recommendations and Mr. Piekarski seconded the motion. The motion carried by a unanimous vote.

Mr. McManus moved to accept the language in Section A and recommend that the second option be taken that the text be amended to include the fee for original or annual renewal licenses for recreational camps, overnight camps or cabins, motels or mobile home parks located within the Town of Harwich shall be established by the Board of Selectmen from time to time. Chairman Wilkins seconded the motion and the motion carried by a unanimous vote.

Mr. Cole moved to reconsider their vote on Item B. Mr. McManus seconded the motion and the motion carried by a unanimous vote.

Mr. Marsland moved to change language in Item B to increase penalty to statutory maximum, and delete “$300.” Chairman Wilkins seconded the motion and the motion carried by a unanimous vote.

B. Board of Selectmen position on ATV Bill

Chief Mason outlined the bill and commented that it is definitely an improvement over what we currently have. He noted that the other Chiefs are supportive and would like some amendments which he noted will likely be done through the Cape Cod Enforcement Council. Mr. Marsland moved that the Board of Selectmen send a letter of support to the appropriate representatives for House Bill #3592. Mr. Piekarski seconded the motion. Mr. Piekarski requested that the motion include the language “as read on April 7, 2008.” Mr. Marsland agreed to amend his motion as such and the motion carried by a unanimous vote. The Board agreed to wait on House Bill #3617 to establish a Trail Maintenance Program, until Chief Mason responds with the position of the Chiefs.

C. Chapter 90 Project Requests

Mr. Hooper and Mr. Merriam recommended that the Board approve the Chapter 90 requests as follows: Cracksealing various roads at $34,272, Pavement markings at $29,926, chipsealing various locations at $155,982, Route 39 handwork at $77,198 and an amendment to our previous Chapter 90 guardrail project of $21,388. Mr. McManus moved to approve the Chapter 90 project requests for the various projects in the Town of Harwich. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

D. Vote to meet on Tuesday, April 22, 2008 (Monday Holiday - Patriot’s Day)

Mr. Piekarski moved to meet on Tuesday, April 22, 2008. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

TOWN ADMINISTRATOR’S REPORT

Mr. Merriam delivered the following report:

Chapter 90 Allocation from Rep. Peake

We are pleased to inform you that the Chapter 90 local transportation aid funding for Fiscal Year 2009 will be $150 million.

The Patrick Administration is presently working collaboratively with Speaker Salvatore DiMasi, Senate President Therese Murray to finalize the provisions of the Transportation Bond Bill in order to get this critical local aid to cities and towns for this construction season.~ We understand that Chapter 90 funds are an important tool for cities and towns.~

While the Transportation Bond Bill has not yet passed, we are all confident that this level of local aid will enable each municipality to focus its efforts on its most important local transportation projects.

Finance Committee update

Attached is the one liner update. Please note the additional information added regarding the FY 07 supplemental budget of $495,342.

Discussion with Director of Golf Dennis Hoye and Supt. Shawn Fernandez regarding Article 23, renovations of tee boxes, their preference is to rebuild them as one project, so they recommended that the funding be deferred until full funding is available.

CPA funds for Recreation fields

An opinion from Attorney Giorgio:

I understand in speaking with you that the Potter’s Field project involves the installation of an irrigation system, whereas the Whitehouse Field project involves the reconstruction of the infield including the installation of new drainage.

In my opinion, both of these projects qualify for CPA funding since both involve the preservation of land for recreational use. ~Use of CPA funds for preservation of recreational use is expressly allowed.

Pam Groswald has recommended that it would be an appropriate time to host a seminar for Boards Committees and Commissions to review the State Laws pertaining to Open Meetings, Public Records and Conflict of Interest.

Falmouth TA Bob Whritenour, Yarmouth TA Bob Lawton and I met with the Editorial Board and writers to discuss municipal budgeting, upcoming town meetings, and regionalization on April 3^rd.

CV Practice Facility

Dave Marsland, Dave Ryan and I met with Golf Committee members Tony Pagliario, George Boule and Dennis Hoye to discuss how best to staff the new practice facility. We’re researching the options of employee, independent contractor, leasing and license agreement. Nan contacted the National School of Golf. Attached is an opinion from John Giorgio which indicates that we cannot meet the three factor test for independent contractor. I did receive Sandwich’s license agreement for Jane Frost. We hope to resolve this issue next week.

The Harwich Taxpayers' Association has a case before the Board of Appeals concerning the signage they post for meetings and the Building Commissioner's decision to issue a violation.~ The case is currently open and is still being considered by the Board.~ At the meeting of March 26, 2008, the Board closed the public hearing, but voted to continue the case until April 30, 2008 so that they could get an opinion from Counsel regarding several issues related to posting temporary, non-political signs on rights-of-way and on Town property.

Library Temporary signs

Geoff Wiegman asked me to remove the Library’s temporary signs because they have not been permitted by the Selectmen or the Historic District Commission. This is Ginny Hewitt’s explanation of the temporary signs:

The large sign on the corner belongs to the high school. They received blanket permission from the town, in writing, many years ago to put the sign up in advance of the plays. Someone showed me the written permission years ago. I would think the Bldg Dept. must have a copy.

As for our 2 signs, prior to purchasing the signboard years ago and again when a revised sign code was proposed, I inquired and was told our signs were allowed and didn’t require a permit. The first I learned that someone believed the signs were not in compliance was when they were discussed at a Selectmen’s meeting last August. After watching the meeting on TV, I sent a letter to Bob Bradley, Chair of the Historic District Commission.~I also spoke to him on the phone.~He told me he didn’t believe the Commission had a problem with our signs, that he would bring the issue up at the next meeting and we should continue to use them until we hear otherwise.

I’ve also spoken to Geoff Larsen on several occasions about this. He told me that he was working with the Historic District Commission and together they would come up with some additional~guidelines. I’ve been concerned that at some point we’d be told our signs were not in compliance with the sign code and that we’d be told to take them down with no notice. Geoff has assured me that would not happen, and that they were planning a meeting with businesses and residents in Harwich Center to go over the guidelines once they were developed. As far as I know, that hasn’t happened yet and I haven’t heard any more~since my last conversation with Geoff in November.

Again, I've contacted both the Historic District Commission and the Building Inspector~and been told our signs are in compliance. I would like to arrange a better looking sign, but I’ve been waiting for the guidelines to come out. I also discussed this with Elizabeth Hude as it would be nice to voluntarily standardize the types of signs for Harwich Center. Our signs are very effective, and attract people to Harwich Center. Since we're trying to re-vitalize the Center, it would be a shame to take them in without having an alternative in place. When the new guidelines of what is acceptable are developed we will need some lead time to design the signs and have them approved and constructed.

Community Center Saturday nights

Recreation Director Jeff Carter reports that at last nights (4/2) Rec. Commission meeting, the Commission voted unanimously to recommend to the Facilities Committee to use the $4,596.00 in budget amendment #2 to fund 2 positions on Saturday nights for seven months.

Some members from the Commission also said they would be available to meet with members of the Facilities Committee and Carolyn if they are available before Monday nights BOS meeting to discuss this topic.~

Landfill fencing from Lincoln Hooper

Given the recent unfortunate accident that occurred on the landfill cap on March 22, 2008, where an ATV rider was injured, we have performed a thorough cap inspection and procured estimates to fence in the remaining capped landfill. The inspection indicated that~approximately 60,000 square feet~of~the required vegetative layer was disturbed or removed solely by ATV activity. DPW staff has spread compost over these affected areas and engaged Dan O’Leary Landscaping to hydroseed the locations. Although this is not a normal expense, it is part of maintaining the landfill cap and would be a noted deficiency during our semi-annual landfill inspections if we did not address it now.

As you may be aware, approximately half of the landfill cap was fenced as part of the capping operation in 2000. However, this fence now appears to be inadequate to keep ATVs off the cap area, as they simply make trails to the open portion. Although DEP doesn't specifically require a capped landfill to be fenced in, they do require us to restrict access to the general public and protect the integrity of the landfill cap and vegetative layer. It is my opinion that the only way to adequately protect the cap from ATV activity is to fence the remaining portion (1750 feet) of the closed landfill. I have procured 3 quotes ranging from $21,822 to $28,622, which is far below what I had initially estimated.

The DPW budget should be able to absorb this unplanned expense primarily because of a decline in solid waste business at the Disposal Area (residential building and commercial trash are both down). It is my recommendation that we have L&C Fence Company ($21,822) install the additional 1750 feet of 5' galvanized chain link fence that will match the existing fence. Please advise me of how you would like me to proceed.

Water Department Capital Plan

Dave Ryan and I attended on April 4^th a presentation of the Water Department’s Capital Plan, which includes new wells, treatment plants, water main replacements, tank repairs and rate adjustments to accommodate the planned expenses.

Mr. Sadowski outlined his proposal for Saturday night staffing at the Community Center. Chairman Wilkins stressed to Mr. Merriam that no single person should be left alone in any building.

The Board called for a review of CPC articles by Town Counsel in light of the recent opinion regarding funding purposes.

Chairman Wilkins asked Mr. Merriam to get a copy of the bill before the legislature having to do with Open Meeting Law for the Board to discuss. Mr. McManus called for a review of the Open Meeting and Conflict of Interest Laws as well as a review of the Committee Handbook with regard to committee procedure and operation and the Board agreed.

Mr. Merriam noted that Mr. Wiegman has asked to be on the Board’s agenda next week regarding his claim of discrimination in enforcement of the sign code. Mr. Marsland noted that Mr. Wiegman’s ZBA case was continued until April 30^th and it would be inappropriate to address this issue at this time. The Board agreed and asked that this be conveyed to Mr. Wiegman in writing.

With regard to Mr. Hooper’s proposal to extend the fence at the landfill, Mr. Merriam explained that Mr. Hooper has indicated that he has money in the solid waste budget due to reduced volume. Mr. Hooper outlined his proposal in further detail and described the recent damage to the landfill. Mr. Cakounes pointed out that the next place the ATV riders will go is to his farm and he is not going to stand for it. He stressed the need for policing and he added that he will start taking legal action. Mr. McManus moved to authorize the Director of Highways to contract with L&C Fence Company to install fencing at the landfill. Mr. Cole seconded the motion. Mr. Marsland noted that the fence will just be destroyed and he would rather put the money toward police action. The motion carried by a 4-1-0 vote with Mr. Marsland in opposition.

SELECTMEN’S REPORT

Mr. Marsland characterized Mr. McManus recent remarks in the newspaper regarding regionalization and the Dennis/Yarmouth School District as hurtful. He asked that we respond to Dennis and Yarmouth and explain that the Board does not feel this way. Mr. Cole noted that he was present when the remarks were made and he believes Mr. McManus misspoke and it was his intention to say that we have read in the newspaper of the bickering that occurred between the two towns over whose share of the budget should be how much. He commented that it was unfortunate that it didn’t come out that way.

Mr. McManus stated that in the Assistant Town Administrator’s report from the prior week it refers to the Seasonal Wage Schedule stating that it would be included as part of the By-Law Schedule. Mr. McManus stressed that this should not be included as part of the Personnel By-Law because there is nothing in that document which refers to seasonal employees and they don’t get the benefits and rights described in the document. He stated that the schedule should be held separate and apart from the Personnel By-Law.

Mr. Piekarski moved to adjourn to Executive Session and not return to Regular Session at 9:54 p.m. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

Respectfully submitted,