MINUTES
SELECTMEN’S MEETING
GRIFFIN ROOM, TOWN HALL
MONDAY, APRIL 14, 2008
7:00 P.M.
SELECTMEN PRESENT: Cole, Marsland, McManus, Piekarski, Wilkins
SELECTMEN ABSENT: None
OTHERS PRESENT: Town Administrator James Merriam, Asst. Town Administrator Nan Balmer, Chief Mason, Anita Doucette, David Scannell, Gerry Loftus, Jack Brown, Ray Jefferson, Allin Thompson, Larry Ballantine, Carole Ridley, Bob Bradley, John Mahan, and others.
MEETING CALLED TO ORDER at 7:00 p.m. by Chairman Wilkins.
WEEKLY BRIEFING
No one appeared before the Board.
PUBLIC COMMENT/ANNOUNCEMENTS
Mrs. Doucette presented to the Board one of the restored books of Town documents resulting from last year’s Community Preservation article.
Mr. Scannell reported that we received an unsolicited check from National Grid for over $5,000 which resulted from some accounting discrepancies. He added that next week they will be starting to send out commercial personal property appraisers and he asked for the cooperation of the businesses in Town.
Mr. Jefferson summarized the Falmouth High School cost overrun issue and explained the systems we are putting in place to avoid a situation like this in Harwich. He reported that the sub-bid opening for the Police Station project was held on April 10th and that it went very well. He noted that over 80 contractors requested plans for the project and that we received bids for all the sub-bid categories except for elevator which will go back into the contract. He stated that we are definitely on the track of coming through with a final bid much lower than predicted by the architects. He noted that the sub-bids total approximately $3.5 million which indicates that we are looking at a $7 million building. He noted that the General Contracting bid opening will be April
24th.
PUBLIC HEARINGS/PRESENTATIONS (7:15 P.M.)
A. Public Hearing - Application for Transfer of Liquor License from Cape Cod Claddagh Inn & Tavern, Inc., Anthony Annaruma, Manager to John F. Connell d/b/a Cape Cod Claddagh Inn and Irish Pub, John F. Connell, Manager
Mr. Piekarski read the hearing notice into record and Chairman Wilkins opened the hearing. Mr. Merriam explained that this is another attempt to align ourselves with the applicant, the DOR and the ABCC. He stated that the application is for a sole proprietorship with John Connell as the manager. Mr. Piekarski confirmed with Mr. Merriam that the abutters have been notified. Mr. Piekarski questioned if the Board’s previous vote needed to be rescinded and Mr. Merriam responded that the vote was subject to State approval. Mr. Marsland noted that the recommendation of the investigator is that all three persons listed on the application must submit Form A. Mr. Merriam noted that this applies to when it was a partnership and now it is a sole proprietorship. With no comment from the
public, Mr. Marsland moved to close the public hearing. Mr. Cole seconded the motion and the motion carried by a unanimous vote. Mr. McManus moved to grant the application for an Alcoholic Beverage License to John F. Connell d/b/a Cape Cod Claddagh Inn, 77 Route 28, West Harwich. Mr. Cole seconded the motion and the motion carried by a unanimous vote.
B. Public Hearing - To discuss Article 9 of the May 2008 Special Town Meeting – Amend Town Charter – Historic District & Historical Commission Consolidation
Mr. Piekarski read the hearing notice into record and Chairman Wilkins opened the hearing. With no one appearing from the public, Mr. Marsland moved to close the public hearing. Mr. Piekarski seconded the motion and the motion carried by a unanimous vote. Mr. McManus explained that public hearings are required for Charter amendments and Mr. Bradley urged support for this article.
C. Public Hearing - To examine the performance of the Cable Television operator in Harwich, Comcast, under its current license as well as to elicit public testimony on the kinds of community facilities and services that will be desirable during any future renewal term. (To be rescheduled)
Chairman Wilkins noted that the hearing is to be rescheduled.
D. Pleasant Bay Resource Management Plan 2008 Update
Ms. Ridley explained that the Pleasant Bay Alliance is required to update the Pleasant Bay Resource Management Plan every five years and she made a slide presentation to the Board outlining the document which included the work they have been doing as well as pressing issues for the upcoming five years. She pointed out that they submitted an article for the Town to adopt this plan update and authorize the Board of Selectmen to renew the Memorandum of Agreement to continue the alliance. Larry Ballantine commented on the importance of the Pleasant Bay project and its influence on Harwich. Ms. Ridley and Mr. Thompson took questions from the Board and Mr. Thompson requested the Board’s support of the article.
CONSENT AGENDA
A. Approve minutes –
1. March 24, 2008 – Regular Session
2. April 7, 2008 – Executive Session
B. Request by Lower Cape Cod CDC for letter of support to Mass Housing Partnership
C. Committee appointments
D. Accept gift of $28,750 from Harwich Athletic Assn. for Whitehouse Field light project
E. Approve request by Mass. Comm. on the Status of Women to proclaim April 22, 2008 as Equal Pay Day in the Town of Harwich
Mr. McManus requested to take up Item E separately and Chairman Wilkins agreed to take it up under Selectmen’s Report. Mr. McManus moved to approve the items on the Consent Agenda, less Item E, and the recommended actions thereon. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.
NEW BUSINESS
A. Award contract to Sea & Shore Contracting, Inc. at $68,750 for foundation for Whitehouse Field light project
At Mr. Merriam’s recommendation, Mr. Piekarski moved to award the contract. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.
B. Request by Police Chief to authorize the Chairman to sign form listing Town Administrator, Chairman of the Bd. of Selectmen & Police Chief as authorized signatory names for Police Dept. related grants
Chairman Wilkins moved approval of the request. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.
C. Award of contract for Housing Needs Assessment
Mr. Merriam recommended the Board award the contract to Karen Sunnarborg of Jamaica Plain for $7,200. Mr. Marsland moved the recommendation. Mr. McManus seconded the motion and the motion carried by a unanimous vote.
D. Approve amended FY09 By-Law and Seasonal Workers Schedules
Mr. Merriam and Ms. Balmer took questions from the Board. Mr. McManus urged that the sailing program be reinstituted and Mr. Marsland agreed.
Mr. McManus moved to approve the Personnel By-Law salary schedule and seasonal and miscellaneous schedule amendments. Mr. Cole seconded the motion. The motion carried by a 4-1-0 vote with Mr. Piekarski in opposition.
OLD BUSINESS
A. Town Administrator’s evaluation
Chairman Wilkins stated that Mr. Merriam’s strength this year has been in the area of finance and that he and his staff have performed very well. He noted that the preparation of the 5 year financial plan is a significant contribution as well as the revisiting of the Town’s liability insurance and the health insurance negotiations that he conducted this year. At Chairman Wilkins' request, Mr. Merriam outlined cost containment measures he foresees including centralized personnel and centralized purchasing in an effort to control budgetary costs for the long term.
Chairman Wilkins commented on Mr. Merriam’s choice of e-mail as his primary avenue of communication. He stressed the need for an e-mail protocol through developing a policy and he pointed out the need to be conscious of the Open Meeting Law. He also noted that Mr. Merriam has improved in this area since they first discussed it in July and Mr. Merriam responded that he is in the process of developing a computer policy which addresses e-mail. Chairman Wilkins also commented on Mr. Merriam’s improved ability to work with his staff since July and added that the comfort level in the office has improved. Mr. Merriam agreed and noted that everyone has compromised. Chairman Wilkins characterized Mr. Merriam’s style as unusual and added that staff has an extraordinary amount of work. He stressed that communication is key. Chairman Wilkins stated that there were some issues this year which created awkwardness for the Board and Mr. Merriam which included the pre-development project for
the Old Rec and West Harwich buildings and golf issues which have had difficulty moving forward. He asked Mr. Merriam what prevented these projects from moving forward smoothly. Mr. Merriam responded that the pre-development project for the Old Rec/W. Harwich School project was already defined in articles before he arrived and there were some restrictions; he added that there was a very loose knit working group of various Chairs trying to assist staff in preparing an RFP. Mr. Merriam commented on the difficulty in trying to meld the dynamics of various opinions into a cohesive piece that could be translated into an RFP without offending anyone. With regard to golf issues, he noted the need to interpret the Charter which required legal opinions for responsibilities as well as what the authority of the Golf Committee is vs. the Board of Selectmen with regard to contracts. He summarized that we are trying to redefine roles and build consensus and this
takes time.
Mr. Marsland characterized Mr. Merriam as a good man and a good leader, but more importantly a good fit for Harwich. He stated that people generally trust and respect him and he has definitely helped this Town through his strength in financial management. He provided Mr. Merriam with his written comments which he noted included Mr. Merriam’s weaknesses as well.
Mr. Cole agreed with Chairman Wilkins that Mr. Merriam has exhibited strength in the whole financial realm and he knows state law thoroughly particularly as it pertains to municipal government. He stated that they have been getting more informative e-mails which invite response. He commented that Mr. Merriam may have done a little too much out in the community in the beginning. He stated that the committee gave them good candidates and they selected the right one. He stated that he is looking forward to Mr. Merriam addressing centralized personnel and building maintenance and getting along with the performance measurement and ultimately performance budgeting.
Mr. McManus stated that he thinks they made the right selection in Mr. Merriam because of his capabilities and experience in the field of town management. He noted that Mr. Merriam has proven himself to be very good in handling a number of issues. He pointed out that they had some issues with communication and Mr. Merriam’s report with regard to the timeliness of getting action items listed on the agenda and occasionally this still happens but that Mr. Merriam is making a good effort. He commented that Mr. Merriam is becoming a very good fit for the Town and he praised Mr. Merriam for his involvement and participation in community events.
Mr. Piekarski noted that there is always room for improvement but believes that Mr. Merriam has great character. He stated that he appreciates the interaction they have had and wished him luck in years to come.
Chairman Wilkins explained that the override took a toll on this community and the staff and was a painful time for this Town. He stated that the staff needed a cheerleader, a champion to stand behind them to make sure that when they were put in a front line situation that the Town Administrator would be right beside them and rally behind whatever their cause or position is. He asked Mr. Merriam if, in his opinion, he feels that he is a champion of his staff and has provided that necessary managerial backup. Mr. Merriam responded “absolutely” and that he is proud of the hires he has made. He stated that he felt the morale was low but that he wasn’t here to appreciate the difficulties everyone went through but has grown to appreciate them over time. He stated that he is
developing strong personal relationships with many of the employees. He commented that we have a team and he has high expectations for which he is getting results.
Mr. Cole stated that Mr. Merriam needs to become acquainted with what happened and why it ended up dividing the community the way it did. He explained that employee morale was affected by two things -- there was a large number of layoffs and there was a perception that those in favor of the override were overwhelmingly Town employees vs. a different constituency. He stressed that we may face some difficult days in the future and it may be necessary to come back to the voters and we need to do it in a way that doesn’t lead to dividing the community.
Chairman Wilkins asked Mr. Merriam what things he will be focusing on next year. Mr. Merriam response included centralizing functions with personnel and purchasing, managing the police station project, a sequence of decisions for wastewater management, work having to do with the Water Department and their capital plan, coordinating the water main situation with paving programs, continuing to work with issues of affordable housing, and dealing with the next major capital project of the High School. Chairman Wilkins collected the Board’s comments and said he would write the summary. He asked that Mr. Merriam come forward with a framework for goals and objectives. Mr. Merriam thanked the Board for their support.
B. Vote to join Cape Cod Municipal Health Group
Mr. Merriam explained that the Board has already voted this but he is recommending that the Board authorize the Chair to sign the April 14th letter to accept all the conditions and to authorize the signing of the agreement for the joint negotiation of the purchase of health insurance. Mr. Piekarski moved Mr. Merriam’s recommendation and Mr. Marsland seconded the motion. Mr. Merriam answered questions from the Board. The motion carried by a unanimous vote.
C. Warrant article review
Mr. Merriam noted that the Finance Committee has met and made some further favorable votes.
The Board agreed that more information was needed on the articles on hold and no action was taken. Mr. Cole stated that they need to meet with the Finance Committee and talk about their differences.
TOWN ADMINISTRATOR’S REPORT
Mr. Merriam delivered the following report:
Town Meeting Warrants
The Annual and Special Town Meeting warrant book with recommendations is now available.
Finance Committee
Attached is the spreadsheet with updated votes through this date. FinCom voted favorable recommendations on ATM article 56, and STM articles 2, 3,7,10 and re-votes on articles 11 and 12.
Article 27 Restoration of Town Records
The CPC voted on April 10th to amend its request from $125,000 to $126,500 due to price increases. Please consider amending your vote accordingly.
Old Rec /West Harwich Schools
The Working Group met on April 8th with Town Counsel John Giorgio and by telephone with associates Jeanne McKnight and Katherine Klein. We completed the review of the RFP, Ground Lease and Land Development Agreement. The largest issue was the discussion to amend Articles 59 and 60 so that the Town will not own the new housing construction. This is proposed to be accomplished through amendments to the motions under STM articles 11 and 12. Town Counsel opined that it would be within the scope of these articles to do so. The second issue is to include an owner’s rep/ historic preservationist for a fixed fee not to exceed $30k to monitor work to be performed on the school buildings. The plan is to send the advertisement to the Central Register for April 15th and proposals due by
June 18th.
Golf Committee
Chairman Tony Pagliaro met with Dennis, Dave Ryan and me to convey the Committee’s desire to pursue the License Agreement as Sandwich entered into with Jane Frost. We will accept proposals to May 1st. Dennis will provide the Golf Committee with an amended business plan, including an optional $50 to the members fee to access the practice facility/ driving range and purchase discounted golf balls. Jane Frost, the Sandwich licensee, had her clients purchase over $25,000 of equipment out of the Sandwich Pro Shop which directly benefited Sandwich. Attached is a spreadsheet from Dave Ryan which splits out the Range budget of $97,128 and Pro Shop budget $71,501 from the total FY 09 budget of $1,720,384.
School Department Articles
Gary Costin provided a revised spreadsheet of the Maintenance Plan and the School Committee voted to reduce its FY 09 request to $57,150 as the $30,000 balance in FY 08 is expended on carpeting.
Historic artifacts
Joyce Bearse presented our office with a Pictorial and Street Map of Harwich as it was in 1694 and highlighting various sites throughout Town. The interesting narrative apparently was written post World War 2. I also purchased and hung a picture postcard in our office of Harwich Center at Main and Bank Street taken in the 1920’s.
Community Center Saturday nights
The Facilities Committee has scheduled another meeting for next Tuesday to seek additional input from Youth and Rec, myself and others for the partial year staffing for Saturday nights.
Regional Services
Attached is an impressive list of regional services that Cape towns utilize. This list was provided to the Cape Cod Times during our interview with the Editorial Board and writers last week.
Public Records request
Cape Cod Times reporter George Brennan has requested Chief Mason to provide a report of police paid salaries, overtime and details for FY 07. The Finance Department will provide the information requested.
Board of Assessors Announcement
The Harwich Assessors Office will be sending a Personal Property Appraiser from Paul Kapinos & Associates to visit all businesses in town this spring, as required by MA Department of Revenue (DOR).
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SELECTMEN’S REPORT
Mr. Marsland requested minor changes in the statement of unequivocal support of the police station. Mr. Cole noted that the statement should indicate that we are not contemplating regionalizing and the Board agreed. The Board also made changes to a letter to the Towns of Dennis and Yarmouth with regard to a recent newspaper article. Mr. Marsland moved to approve the letter as amended. Mr. Piekarski seconded the motion and the motion carried by a unanimous vote.
Chairman Wilkins read proclamation on Equal Pay Day in Harwich. Mr. McManus moved to adopt the proclamation designating April 22nd as Equal Pay Day in the Town of Harwich. Mr. Cole seconded the motion and the motion carried by a unanimous vote.
At 10:18 p.m., Mr. McManus moved to go into Executive Session for discussion on the possibility of litigation and not to reconvene. Mr. Cole seconded the motion and the motion carried by a unanimous vote.
Respectfully submitted,
Ann Steidel
Recording Secretary
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