013fMINUTES
SELECTMEN’S MEETING
GRIFFIN ROOM, TOWN HALL
MONDAY, MAY 19, 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, Lee Culver, Chief Flynn, Chief Mason, Tom Leach, Murray Johnson, Geoff Wiegman, Peter Hurst, and others.
MEETING CALLED TO ORDER at 7:00 p.m. by Chairman Wilkins.
Chairman Wilkins read the following statement with regard to the Town Administrator’s evaluation:
In his first year of employment as Harwich’s Town Administrator, Mr. Merriam has achieved “good to excellent results” in the more than thirty different areas of performance reviewed by the Board of Selectmen.
Mr. Merriam’s accomplishments in the broad area of budget and finance have been exemplary. The Town Administrator, together with his able colleagues, has been a catalyst for change in the way Town Hall conducts its business. Through his leadership, characterized by persistence and tenacity, the Board of Selectmen were able to present to the Harwich community for their approval at Town Meeting a balanced budget. No easy task given the economic downturn that has confronted both the commonwealth and nation
Cost containment coupled with the provision of excellent service to community has been the hallmark of Mr. Merriam’s first full year as Town Administrator.
WEEKLY BRIEFING
Lt. Culver and Chief Flynn updated the Board on the status of the oil spill on Great Western Road noting that there was a tremendous amount of cooperation from other communities from as far away as Stowe as well as from Town departments and the public. They reported that the road will remain closed at least through this coming weekend and they are securing the area around the clock. They also noted that the bike trail is closed from Dennis at Route 134 right through to Main Street in Harwich Center. Chief Flynn pointed out that both the Police and Fire Departments lost a lot of equipment in this incident. Lt. Culver commented that Chief Flynn did an outstanding job in running the whole incident.
Susan Jason, Licensed Site Professional for the engineering firm, explained that their main goal is to limit the impact to the environment and human health and as such they have been removing the contaminated soil in an effort to protect the water table and nearby wetland. She noted that they have experts coming down this week to do an inspection and make further recommendations and they expect to complete the excavation and removal in next couple of days. Ms. Jason took questions from the Board and agreed to be the point of contact for all interested parties.
Mr. Marsland requested that a letter of thanks be sent to all involved parties.
PUBLIC COMMENT/ANNOUNCEMENTS
Peter Hurst owner of Doctor Gravity’s Kite Shop in Harwich Port responded to comments made at last week’s meeting by Mr. Wiegman. He described the history of business growth in Harwich in years past, in particular over the last 10 years, which he characterized as a renaissance. He noted that he took particular exception to Mr. Wiegman’s remark that downtown Harwich Port is a “disaster.” Mr. Hurst stressed that it is a wonderful, quaint village that serves the needs of all of us and he routinely hears complements from visitors.
PUBLIC HEARINGS/PRESENTATIONS (7:15 P.M.)
A. Public Hearing – Harbor Management Plan and Marine Fee Schedule (continued from 2-25-08 meeting)
Mr. Piekarski read the notice into record and Chairman Wilkins noted that the hearing is being continued from February 25, 2008. Mr. Leach explained that the Waterways Commission has ratified his proposed addition of a new Section 3.7 I - Private Property Moorings, and he took questions from the Board. The Board discussed with Mr. Johnson and Mr. Leach the issue of property ownership as it relates to trusts as well as the number of permits allowed per property. Mr. McManus moved to approve the amendment to the Harbor Management Plan for Private Property Moorings, new definition Section 3.7.I. as presented. Chairman Wilkins seconded the motion and the motion carried by a unanimous vote. Mr. Cole moved to close the public hearing. Mr. McManus seconded the motion and the motion carried by a
unanimous vote.
B. Public Hearing - Application for Seasonal, Common Victualler, All Alcohol License by Kedja, Inc. d/b/a Andale! Café (continued from May 12, 2008 meeting)
Mr. Piekarski read the hearing notice into record. Mr. McManus noted that a letter has been submitted by Ms. Sarabia asking for a 30 day extension for consideration of their seasonal liquor license application. Mr. Merriam recommended that the Board grant the request as they may have new information on Ay! Caramba’s license in the next week. Mr. McManus moved to grant the 30 day extension of consideration for the seasonal liquor license application of Kedja, Inc. and continue it until two weeks from tonight. Mr. Piekarski seconded the motion. At Mr. Merriam’s recommendation, Mr. McManus amended his motion to continue it until next week. The motion carried by a unanimous vote.
CONSENT AGENDA
A. Approve Minutes
1. April 28, 2008 – Regular Session
B. Approve Junk Dealer license renewal for Ralph Diamond d/b/a Diamond Fine Art
C. Accept resignation of Tony Pagliaro from Golf Committee
D. Accept resignation of George Boulé from Golf Committee
E. Accept resignation of Paul Widegren from Golf Committee
F. Approve Common Victualler license for Andale Café
G. Approve Planning Board appointment of representative to Community Preservation Committee
H. Approve Housing Authority appointment of representative to Community Preservation Committee
I. Disability Rights Committee Membership
Mr. McManus removed Items C, D, E and I. Mr. McManus moved to approve the Consent Agenda including items A, B, F, G, and H and approve the recommended actions. Mr. Cole seconded the motion and the motion carried by a unanimous vote. Mr. McManus noted that with regard to Items C, D, and E, there will be more resignations. He stated that due to the number of resignations and the combined length of service of these members, they should extend an offer for the members to come in and provide the Board with information and concerns before they accept their resignations. Mr. Piekarski moved to accept Items C, D and E on the Consent Agenda and Mr. Marsland seconded the motion. Chairman Wilkins concurred that this matter requires further investigation and Mr. Piekarski disagreed adding that the
Board knows why they resigned. Mr. Marsland agreed with Mr. Piekarski and Mr. Cole stated that he would like know more. Mr. Piekarski’s motion carried by a 4-1-0 vote with Mr. McManus in opposition. Mr. McManus commented that he had recently spoken to a Golf Committee member and was stunned by what he was told. Mr. Cole moved to offer the opportunity to these resignees, and any additional members of the Golf Committee who have submitted resignations, that we have not formally recognized, be invited to participate in an exit interview with that representative or those representatives of Town government of their choice. Chairman Wilkins seconded the motion. Mr. Cole amended his motion to offer them the option of meeting with the Town Administrator, the Interview Subcommittee, or the whole Board. Chairman Wilkins seconded the amendment and commented that it is important to never shut the door on the voice of a volunteer. The motion
carried by a 3-2-0 vote with Mr. Marsland and Mr. Piekarski in opposition.
With regard to Item I, Mr. McManus reported that the Committee has a member in failing health who has not been able to attend meetings and due to the sensitivity of the matter he has drafted a letter. Mr. McManus moved to send the letter to Mrs. Curran. Mr. Cole seconded the motion and the motion carried by a unanimous vote.
OLD BUSINESS
A. Motorized Recreational Vehicle Use Policy
Mr. Merriam noted that the policy is important to clarify the Board’s position on use of Town property for department heads. Mr. Cole noted that the Police Chief has stated that he does not need the policy for enforcement purposes and he is unsure what the Board is being asked to do. Chairman Wilkins tabled this item adding that several things come into play and they need to think it through.
NEW BUSINESS
A. Approve recommendation of Golf Committee fee increase
Mr. Merriam read the following statement to the Board and recommended approval of this item:
At the Golf Committee meeting on May 12, 2008, the Golf Committee voted unanimously to support Mr. Hoye’s new range membership proposal. The new range membership offers an optional $50.00 fee for all Cranberry Valley members which allows 50% off all range balls purchased and the use of the short game area.
Mr. McManus objected to this item being taken up without prior advertising for a public hearing as required by Board policy.
Mr. Marsland moved the recommendation of the Town Administrator and Golf Committee. Mr. McManus seconded the motion and the motion carried by a 4-1-0 vote with Mr. Piekarski in opposition.
B. Award contract for Community Center Shutters to CalPac Corporation
Mr. Merriam’s recommended that the Board approve the contract and added that we now have the FEMA grant of $46,800 in hand. Mr. McManus moved to award the contract for the storm shutters at the Community Center to CalPac Corporation at a bid amount of $53,900. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.
TOWN ADMINISTRATOR’S REPORT
Mr. Merriam delivered the following report:
Golf Committee
Our office has received the resignations of Chairman Tony Pagliaro and George Boule. Both are effective immediately.
Old Rec / West Harwich Schools
A pre-bid conference was held on May 14th to clarify the RFP and respond to prospective bidders questions. John Prophet provided a list of prospective cultural groups which was distributed and mailed to potential bidders.
Fuel Bids
Barnstable County opened bids and I have authorized Lincoln Hooper to accept an award of contract for one year to Dennis K. Burke for the B20 bio-diesel fixed price at $4.12 and regular unleaded gasoline at $3.205.
Oil Truck Accident 5-15-08
A Cape Cod Oil tanker truck overturned at the intersection of Lothrop Ave. and Great Western Road Wednesday at 3PM.~~ The tanker carrying 4000 gallons of heating oil~rolled on top of a pick-up and trapped the driver for 20 minutes before he could be extricated by the Harwich Fire and Rescue.~ He was taken to Cape Cod Hospital with serious injuries.~~~ The driver of the fuel truck was transported with minor injuries.~~ A tier 2 hazmat response brought additional apparatus, manpower and~foam from surrounding towns including the Barnstable Municipal Airport foam truck.~~ The road will be closed all night. Enviro-Safe Environmental Services advised that invoices are to be sent to Cape Cod Oil. Susan Jason from Prime Engineering at Lakeville is the Licensed Site Professional for clean up.
Brewster surplus property
Town Administrator Charles Sumner has advised me that their Town Meeting has authorized the sale of a parcel of land in Harwich which Brewster foreclosed on for back taxes. This Harwich parcel has its taxes paid currently by Commonwealth Electric.
Disability Rights Committee
The Disability Rights Committee has voted to request a 50% reduction in landfill, beach and Community Center workout room fees for disabled residents. I will offer my recommendation to you at your May 27th meeting after consultation with staff.
ADJOURNMENT
Mr. Piekarski moved to adjourn at 9:54 p.m. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.
Respectfully submitted,
Ann Steidel
Recording Secretary
| 
