MINUTES
SELECTMEN’S MEETING
GRIFFIN ROOM, TOWN HALL
MONDAY, APRIL 28, 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, Chief Flynn, Ray Jefferson, Elizabeth Hude, John Prophet, Jack Brown, Colleen Springer, John Sennott, Leo Cakounes, and others.
MEETING CALLED TO ORDER at 7:00 p.m. by Chairman Wilkins.
WEEKLY BRIEFING
Chief Flynn reported on two recent brush fires that were set in the Bells Neck Road area noting that an arrest has been made.
Ray Jefferson reported the results of the bid opening for the proposed Public Safety Facility. He explained that 4 general contractors submitted bids and Bufftree Building Company of Bedford, MA was selected as the low bidder. He noted that Bufftree is presently constructing the Wellfleet Fire Station and he has received a letter from the Chief who said that they are an outstanding firm to work with. He stated that the next lowest bidder was $42,000 higher than Bufftree whose bid was $7,256,600 with the alternates for construction. He reported that the Police Station Building Committee is recommending that we accept all 4 alternates with the bid, instead of not completing them, for a total project cost of $8,750,000 for the construction phase of this project. Chairman Wilkins thanked the
Committee for their work and agreed to take this item up under the Warrant/Article Review section of the agenda.
PUBLIC COMMENT/ANNOUNCEMENTS
John Prophet announced the first annual cleanup of Harwich Center on May 17th starting at 9:00 a.m. and requested volunteers.
CONSENT AGENDA
A. Approve minutes –
1. March 31, 2008 Regular Meeting
2. April 7, 2008 Regular Meeting
B. Approve renewal of Sunday Entertainment license for Irish Pub
C. Approve renewal of Annual Common Victualler License for Dave’s Ribs,
Ralph David Reese, President (tabled from 4/22/08 meeting)
D. Approve renewal of Junk Dealer license for Syd’s A&J
Mr. Marsland requested to remove Items A1 and A2 from the Consent Agenda. Mr. Marsland moved to approve Items B, C and D. Mr. Cole seconded the motion and the motion carried by a 4-0-1 vote with Mr. McManus abstaining from the vote.
Mr. Marsland moved approval of the Monday, March 31 2008 minutes with changes. He outlined minor changes on pages 6, 7. Mr. Cole made further editorial changes on page 6 and 9. Mr. Cole seconded the motion and the motion carried by a unanimous vote.
Mr. Marsland moved approval of the April 7, 2008 minutes with one minor change on Page 3, Section B, where he is listed as making the motion and seconding the motion. Mr. Piekarski seconded the motion and the motion carried by a unanimous vote.
PUBLIC HEARINGS/PRESENTATIONS
A. Agricultural Commission presentation/discussion
Chairman Wilkins noted that the Agricultural Commission had gone before the Finance Committee and he asked what that was about. Ms. Springer explained that the Agricultural Commission is seeking a budget in order to put them in a better position to receive state grants. She outlined the Commission’s accomplishments to date including holding two Farm Fests which drew scores of visitors to the Town. She noted that their Commission is promoting agriculture in our Town and making farms sustainable. She pointed out that the farms contribute to the Town’s economic vitality. Ms. Springer added that the Finance Committee has determined that they should probably have $1,000 to work with which she noted will come back to the Town tenfold.
Chairman Wilkins made reference to documents that the Board has having to do with the project by the Association for the Preservation of Cape Cod for future opportunities for agriculture and farmland. Mr. Cakounes responded that this is a grant that the Association is applying for and if awarded they will be contacting all the Towns to gather information. Mr. Cakounes noted that the project is not underway at this time.
Chairman Wilkins inquired about the Agricultural Commission’s long-range strategic plan and asked if they need help. Ms. Springer responded that they have had several frustrating meetings with the Conservation Commission which resulted in Mr. Chatham getting an opinion from Town Counsel with regard to the use of the Texteira property for agricultural purposes. She explained that the Texteira property was taken by the Town in 2000 for passive recreation purposes and Town Counsel indicated that agricultural purposes would not apply. She stated that they would like to use the property for a farmers market or hometown fair and can’t believe this is not considered passive recreational use. Chairman Wilkins asked Mr. Merriam if this could be revisited and Mr. Merriam responded that we
will go back and evaluate the opinion as well as the question that was posed to Town Counsel and see if we can get some reconsideration or take steps to rectify this.
OLD BUSINESS
A. Warrant/Article Review – Articles on hold
Mr. McManus moved that the Selectmen go on record as supporting passage of Article 6, Construction of a New Police Facility, with a price tag of $8,750,000. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.
Mr. Merriam recommended deducting $15,300 from the debt budget, Article 4, as a direct result of the $2,000,000 bond that we just issued. Mr. McManus moved Mr. Merriam’s recommendation. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.
Mr. McManus moved that the Selectmen take a position of indefinitely postponing Article 23, Renovation of Tee Boxes and Surrounding Areas at Cranberry Valley Golf Course. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.
With regard to CPC Articles 42, 43, 44 and 45, Mr. McManus moved to make a general statement that it is the position of the Selectmen that no funds will be spent on these activities if they’re approved by Town Meeting until such time as either the court case is decided which would allow for it or State law has been changed to allow for it. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.
Mr. Piekarski moved to reconsider Articles 42, 43, 44 and 45. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.
Mr. Piekarski moved to support Articles 42, 43, 44 and 45 at Town Meeting. Mr. McManus seconded the motion and the motion carried by a unanimous vote.
Mr. Cole moved to support the motion on Article 49, Cable Fund Upgrade, with a figure of $175,000. Chairman Wilkins seconded the motion and the motion carried by a unanimous vote.
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B. Chairman’s assignments of articles
Chairman Wilkins distributed assignments of articles to the Board members for Town Meeting.
NEW BUSINESS
A. Request extension to June 30, 2009 to hold cultural events/meetings at the Old Rec Building on Sisson Road by the Harwich Cultural Council and Friends of the Harwich Cultural Exchange Centers, Inc.
Mr. McManus moved to approve the extension of use to June 30, 2009 to hold cultural events/meetings at the Old Rec Building on Sisson Road by the Harwich Cultural Council and Friends of the Harwich Cultural Exchange Centers, Inc. Mr. Marsland seconded the motion. At Mr. Merriam’s recommendation, Mr. McManus amended his motion to include that the continued use is authorized contingent on receiving all necessary approvals. The motion carried by a unanimous vote.
B. Vote to sign certificates and letters of congratulations to Girl Scouts Annual Silver Award Recipients
Mr. Piekarski moved approval of the request. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.
C. Award contract for Mobile Food Concession to Hyannis Ice Cream
Mr. McManus moved to award the contract for Mobile Food Concession at various Town recreation locations to Hyannis Ice Cream. Mr. Cole seconded the motion and the motion carried by a unanimous vote.
D. Request by School Department for waiver of fee for sign permit
Mr. McManus moved to issue a waiver of fee to the School Department for their sign application. Mr. Cole seconded the motion and the motion carried by a unanimous vote.
TOWN ADMINISTRATOR’S REPORT
Mr. Merriam delivered the following report:
Police Station Bids
Four General Contractor bids were received and opened on April 24th. Attached is the spreadsheet of bid results. The architect and project manager will review the DCAM certification and references of the apparent low bidder, Bufftree Building Inc. from New Bedford. Bufftree is the GC for the Wellfleet Fire Station and has been working on the expansion at the Wequassett Inn. The total project cost with four add alternates and owner costs is $8,786,000. Also attached is a CC Five spreadsheet of bond costs. The Capital Budget Committee met and voted 5-0 to support Article 6 for this amount.
Pre Town Meeting
A staff meeting was held on April 23rd to discuss the ATM and STM draft motions with Moderator Ford, Town Counsel Giorgio, Chairman Wilkins, Tombs and Brown. A copy of the positive motions from the Finance Committee, Board of Selectmen and Community Preservation Committee is attached for your review.
One topic of discussion was the four CPC articles that may be adversely affected by a court ruling later this summer. The sentiment was to ask your Board to entertain the adoption of a policy which would allow a positive motion with a caution expressed to Town Meeting that the funds would only be expended after either the SJC rules favorably for Newton or the Legislature clarifies the allowed uses.
Proposed BOS Policy
If Annual Town Meeting Articles 42, 43, 44, and 45 are approved by Town Meeting for the expenditure of Community Preservation Act funds, the Harwich Board of Selectmen agrees and adopts a policy to defer spending under these Articles until the Massachusetts Supreme Judicial Court decides the Case of Seideman vs. City of Newton or the Massachusetts General Court passes legislation allowing expenditures for these articles under Community Preservation Act funds.
A second issue is that of Article 38 for the Housing Authority’s rental voucher program. The Housing Authority would appreciate a positive motion from either FinCom or your Board. If that is not forthcoming, their second choice would be to IP Article 38 and reallocate $50,000 to Article 39, the Affordable Housing Infrastructure and Development Fund.
Golf Pro lessons
Selectman Dave Marsland, Golf Committee Tony Pagliaro, Director of Golf Dennis Hoye and I met on April 23rd to further discuss the teaching of lessons. Based upon the lateness of the season, Dave and I offered a convincing argument to pursue the employee model for the 2008 season, evaluate the performance and revenues at the end of the season, then review whether the license agreement model (used by the Town of Sandwich) should be considered for the 2009 season. If so, the ideal time to seek proposals would be next February.
Board of Health- Paula Champagne
The Cape & Islands Health Agents Coalition has been working for the past 2 years to develop emergency operations plans as it relates to infectious disease outbreaks. This has been a major undertaking as plans had to conform to Federal and State protocols covering many specifics and parameters. With the help of a major grant from MDPH we hired several contract public health nurses to assist in this endeavor. We are now ready to ‘roll out’ the final draft for Harwich. Tina Holloway, Contract Nurse and Lynda Costa, Medical Reserve Corp Coordinator will be at the next BOH meeting for the initial presentation to the Board.
Chapter 32B, Section 18
Article 13 of the STM asks for acceptance of MGL 32B, Section 18, where Medicare eligible retirees at or over age 65 to subscribe to Medicare plans rather than remain on active employee plans. In order to educate our employees, retirees and Town Meeting voters, we propose to distribute the attached information. In addition, we have asked Tom Gould whether he would work with us to provide an educational memo for employees on Section 18.
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Tom says he is planning a meeting with the 32B committee to decide if the committee is in support of the article and he does not want to work on any educational effort until he does that, at which time the committee may ask him to provide the committee’s position to all employees.
Middle Road
An ancient way off Route 39 has been blocked with posts erected over the last month. A Reverend Crisci who will be returning by May 15th cannot access his property via this Middle Road. Our Engineering Dept. is surveying to precisely locate the ancient way. This work should be accomplished on April 28th, at which time it will be determined whether the posts must be removed.
Correspondence
MMA State Budget Action alert- lists several amendments for House consideration
Draft Information Technology Policy (includes Open Meeting law language)
ADJOURNMENT
Mr. McManus moved to adjourn the meeting at 9:38 p.m. Chairman Wilkins seconded the motion and the motion carried by a unanimous vote.
Respectfully submitted,
Ann Steidel
Recording Secretary
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