Town of Harwich Massachusetts - Minutes

SELECTMEN’S MEETING

GRIFFIN ROOM, TOWN HALL

MONDAY, MAY 27, 2008

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

SELECTMEN ABSENT: None

OTHERS PRESENT: Town Administrator James Merriam, Asst. Town Administrator Nan Balmer, Chief Flynn, Chief Mason, Anita Doucette, Susan Leven, Geoff Wiegman, Ray Jefferson, Jim Byrne, Norm Clarke, Dick Thomas, Dick Hoyer, Franco Previd, John Brooks, Peter Brooks, Todd Costa, Dean Knight, Bob Murray, Charlie Klimm, Jim Byrne, and others.

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

Chairman Wilkins explained that the Board had just come out of Executive Session having to do with the case of Crowell Construction v. Matthew Hart, et. al. He noted that the Planning Board is discussing it and the Board of Selectmen plans to reconvene into Executive Session once the Planning Board has acted on the matter.

Chief Flynn reported on the weekend’s events including a three-alarm fire in Eastham which was attended to through mutual aid efforts of the surrounding communities.

Chief Mason reported that there is no longer a passing lane on Route 39 by Thompsons Field as it conflicted with the National Highway Safety Standards Act and was corrected in the interest of public safety. He also reported that he has heard many complements on the condition of Red River Beach which he credited to Mr. Hooper’s efforts.

Ms. Leven reported that the Planning Board does not have a quorum tonight.

PUBLIC COMMENT/ANNOUNCEMENTS

Mr. Knight expressed concerns about the continued dumping of sand and debris at the far east end of Red River Beach causing destruction of the dunes. Chairman Wilkins referred the matter to Mr. Merriam for follow up.

Mr. Wiegman asked if there had been any follow up on their discussion two weeks ago regarding the sign law and the opinion of Town Counsel regarding placement of things on Town property without permission. Chairman Wilkins stressed that he does not intend to debate this issue tonight and that it has been assigned to Mr. Merriam who will report back.

SWEARING IN OF PUBLIC OFFICIALS

Town Clerk, Anita Doucette, swore in the following elected officials:

Angelo LaMantia – Selectman

Robin Wilkins – Selectman

Polly Hemstock – School Committee

Kathleen Remillard – Library Trustee

Edwin Jaworski – School Committee

PUBLIC HEARINGS/PRESENTATIONS (7:15 P.M.)

A. Public Hearing – Application for Seasonal, Common Victualler, All Alcohol License by Kedja, Inc. d/b/a Andale! Café (continued from May 19, 2008)

Mr. McManus moved to reopen the hearing which he noted was continued from last week. Mr. Cole seconded the motion and the motion carried by a unanimous vote.

Mr. McManus noted that the Board has received a letter from Kendra Sarabia withdrawing her application for a seasonal liquor license as they are applying for an annual liquor license. With no comments from the public, Mr. McManus moved to close the public hearing. Mr. Marsland seconded the motion and the motion carried by a unanimous vote. Mr. McManus moved to accept the withdrawal of the seasonal liquor license application from Kedja Inc. d/b/a Andale Café. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

B. MassRIDES - Update on services and programs

Catherine King, Cape and Islands Outreach Coordinator for the MassRIDES Program, a statewide travel options program through the Executive Office of Transportation, explained that the main goal of the program is to reduce traffic congestion and improve air quality statewide. She outlined the details of the program and further explained that she works with employers to implement these free options to help employees with their commutes.

Mr. Merriam recommended that Harwich join the program and be a leading employer in the community. Ms. King took questions from the Board.

Mr. McManus moved that staff prepare the necessary documents and a recommendation for next week’s agenda. Mr. LaMantia seconded the motion and the motion carried by a unanimous vote.

A. Request from HECH for funding from Affordable Housing Trust Fund for South Harwich Quaker Lane Project

Chairman Wilkins recused himself on this item. Mr. Murray outlined the request for $260,000 from the Affordable Housing Trust Fund to assist in the development of 916 and 920 Route 28, South Harwich. He noted that HECH has received funding commitments from the Massachusetts Housing Partnership Fund, Barnstable County HOME Consortium, LIFE Initiate and Community Preservation Act Fund for this project.

Mr. Merriam explained that the Special Legislation for this fund has been filed by Representative Peake and the bill is pending before the Legislature right now. He stated that he anticipates that the bill will be passed. Mr. Murray stated that the state is waiting for an answer on the local money. Mr. Loftus explained that the Board’s policy requires that the request be forwarded to the Housing Committee and Housing Authority but the policy also allows the Board to act without notification under special circumstances. Mr. Loftus also noted that the Housing Authority will not be meeting again until the end of June.

Mr. McManus explained that this is not a new project and it has been the subject of discussion by the Board when it took action on the Chapter 40B site letter as well as the financing package and this has been brought to the Housing Committee in the past as well. Mr. McManus moved to indicate our intent to fund request of $260,000 from the Affordable Housing Reserve Fund when it becomes available and appropriate to make that expenditure and that we do so exercising the provision of our Housing Trust Fund Policy that allows us to take action on a single meeting. Mr. LaMantia seconded the motion. The motion carried by a 4-0-0 vote.

B. Award contract for the Police/Fire Facility project General Contractor to Bufftree Building Company, Inc.

At Mr. Merriam’s recommendation, Mr. Marsland moved to award the contract for the Police Fire Facility project to the project general contractor, Bufftree Building Company, Inc. Mr. McManus seconded the motion and the motion carried by a unanimous vote.

Mr. Jefferson introduced Charlie Klimm, Chief Estimator for Bufftree Building Company. Chairman Wilkins thanked Mr. Jefferson and the committee for their efforts in educating the public on this project. Mr. Jefferson reported the substantial completion date as September 19, 2009. Mr. Byrne distributed the contracts for the Board’s signatures and Chairman Wilkins requested that Mr. Jefferson arrange the ground breaking ceremony

C. Approve next phase of Weston & Sampson Contract for completion of Wind Energy Feasibility Study

At Mr. Merriam’s recommendation, Mr. Cole moved to approve awarding of the remainder of the contract, Tasks 2 through 5, to Weston and Sampson Engineers Inc. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

At this time, Dick Thomas, Chairman of the Trails Committee, brought forward a request for permission to erect 6 kiosks to include 2 in the Island Pond area, 1 at the Bank Street bog, 2 in the Bells Neck area and 1 in the Hacker Sanctuary which is owned by the Harwich Conservation Trust. He noted that they have received approval from the Highway Department, Harbormaster and Harwich Conservation Trust. He explained that the kiosks are being funded by CPC money except for the one at Hacker Sanctuary which is being funded by the Harwich Conservation Trust. Mr. Cole moved to approve the request from the Trails Committee to waive the application fee for the 6 kiosks. Mr. McManus seconded the motion and the motion carried by a unanimous vote. Mr. Marsland moved that the Board of Selectmen grant permission for the placement of the kiosks on each of the 3 sites of Town-owned land including site a) Tax Map 59, lot N8 -Queen Ann Road at the trailhead adjacent the Highway Department garage; b) Tax Map 41, lot C-6 - Brooks Park on the east side of the walking path between the Brooks Park parking lot and the Bike Trail; and c) Tax Map 23, lot B2-1 - adjacent the Harbormaster’s workshop, on the east side of the parking lot. Mr. LaMantia seconded the motion. Mr. McManus stressed that they should not be micromanaging departments that are given authority through our Facilities Use Policy and Chairman Wilkins agreed adding that they are not setting a precedent of approving an action that should be taken by the Building Commissioner but that in this case there is a crossover between sign and structure.

A. Minutes – May 12, 2008 Regular Session

B. Approve 2008 Taxi / Limousine Licenses

C. Appointments to Treasure Chest Volunteers

D. Approve Historic Commission recommendation to Community Preservation Committee

E. Approve Recreation & Youth recommendation to Community Center Facilities Committee

F. Accept resignation from Cable Advisory Committee

G. Accept Golf Committee Resignations

H. Request by Director of Community Center to put up signs for Annual Yard Sale

I. Request by Cape Cod Hospital Auxiliary to hold annual Tag Day event at various locations in Town

Mr. McManus pulled Items A, B and H. Mr. Marsland pulled Item E and Chairman Wilkins pulled Item C due to an inquiry by Mr. LaMantia on this item. Mr. McManus moved approval of the consent calendar consisting of Items D, F, G, and I and approve the items and the recommended actions thereon. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

Mr. McManus moved to approve the minutes of May 12, 2008 Regular Session. Mr. Marsland seconded the motion for discussion. Mr. Marsland stated that he believed the last two votes on page 6 should be 4-1-0 and 1-2-1 with Mr. Marsland in opposition. Mr. McManus accepted this amendment and the motion carried by a 4-1-0 with Mr. LaMantia abstaining from the vote.

With regard to Item B, Mr. McManus moved to approve the Taxi/Limo Licenses and direct staff not to hand out the licenses until the workers compensation insurance documents and/or independent contractor agreements are on file. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

With regard to Item C, Mr. LaMantia noted that it seemed odd to him that two of the appointees are from different towns. Mr. McManus explained that in the past many of the volunteers of the Treasure Chest have been from others towns and that some of them work there by virtue of their work at the Family Pantry and other agencies. Mr. McManus moved to make the appointments of the Treasure Chest volunteers as recommended. Mr. Cole clarified that the Interview and Appointments Subcommittee does not interview for the Treasure Chest but rather takes the recommendation of the Chairman, Pauline Ashton. The motion carried by a unanimous vote.

With regard to Item E, Mr. Marsland questioned putting two related people on the same committee. Mr. McManus pointed out that the makeup of this committee is one member appointed by the Recreation and Youth Commission, one by the Council on Aging and three members by the Board of Selectmen at large. He explained that Mr. Culver is the Recreation and Youth’s Commissions appointee and although his spouse is on the committee there is nothing to prevent Mr. Culver from being on the committee as well. Chairman Wilkins agreed. Mr. McManus moved to approve of the recommendation of the Recreation and Youth Commission regarding their appointee to the Community Center Facilities Committee. Chairman Wilkins seconded the motion. The motion carried by a 4-1-0 vote with Mr. Marsland in opposition.

Regarding Item H, Carolyn Carey explained the request for 7 signs to include 2 on Oak Street, 1 on Queen Anne, 2 outside the Community Center, 1 on Bank Street and 1 on Sisson Road. She noted that they would like to put the signs up on Friday morning and take them down on Saturday evening. Mr. McManus moved to approve the Community Center’s request to put up yard sale signs for the annual town organization yard sale. Chairman Wilkins seconded the motion. Mr. LaMantia pointed out that the Board is going to be dealing with the sign issue often and suggested asking the Planning Department or Town Administrator to select some locations in town where non-profit organizations can put up signs and it might relieve some of the pressure. Chairman Wilkins agreed that this was a good idea and assigned this task to Mr. Merriam. The motion carried by a unanimous vote.

TOWN ADMINISTRATOR’S REPORT

Mr. Merriam made the following report to the Board:

LSP Susan Jason informed us that the road paving at the intersection of Great Western and Lothrop is complete and should be re-opened no later than Saturday morning. They have been working with Mr. Connelly for oil removal at the northern edge of his property, where it reached the water table. Fencing has been installed between his house and the worksite.

They are paving the bike trail now and it should be re-opened by Saturday.

Municipal Benchmarking, Performance Based Budgeting and Chart of Accounts

Selectman Cole and I met with Mark Abrahams a week ago to discuss a revised proposal which would encompass all three tasks. Dave Ryan had a further conversation with Mark to identify the timelines over the next six months. We have tentatively agreed upon a schedule and will await his new proposal.

Dave Ryan, Dave Marsland and I reviewed the new Revolving Account with Dennis Hoye and Shawn Fernandez. Our General Fund revenues are still running $100k ahead of last year at this time. Dave Ryan will ask for your authorization to have me sign weekly payroll and accounts payable warrants in the absence of a majority of Golf Committee members.

Ay! Caramba liquor license turned in

Irasema Mendoza of Ay! Caramba came in and surrendered her annual all alcohol pouring license as expected.~ Within a minute of her walking out the door, Jan Arnold of Andale! called and asked if Ay! Caramba had turned in their license.~ I told her that they had just surrendered it and she came right over with her completed application.~ The hearing for the annual liquor license for Andale! will be June 2^nd and Jan and Kendra have indicated that they will give us a letter withdrawing their request for a seasonal license although they have not done so yet.

Request by Veterans Agent

Veterans Agent Norman Gill has made a request on behalf of the Department of Veterans Affairs to use the Small Hearing Room every Monday morning for 2 hours for mental health counseling for veterans.~ Norman has indicated that other towns are participating in this program and allowing use of a conference room.~ Typically, the Small Hearing Room is not used on Monday mornings.

Beach and Transfer sticker sales

Disposal Area and Beach Stickers for FY09 will go on sale Monday, June 9, 2008 at the Community Center, 100 Oak Street, Harwich. Open 7 days a week, from 8:00 AM to 3:00 PM. Transfer Station Stickers are $105 for the first car and $25 for each additional car. Recycle Only stickers are $10 each. Beach Stickers for residents are $20 each. Summer visitors may purchase beach stickers for $55 per week or the full season for $125.

Whitehouse Field lighting project- Joe Borgesi

The meeting was good. The contractor is going to resume working on Friday May 23rd and continue until the job is completed. The contractor proposed using a smaller hammer and sectional caissons to reduce the vibration and the Principal said that would be fine. I think the project is back on track.

Disabled persons discounts for Beach,

Work out room- from Carolyn Carey

I just finished the Health Club membership study.

Here are the highlights:

1. We contacted 22 health facilities on Cape Cod

2.~ Only One club/facility is less expensive than the Community Center

3.~ No facility offers a disability rate HOWEVER, three of the facilities said they would or could work with the individual to see if he/she could~get a discount or financial assistance.

4.~ Of the Clubs that offer senior or student discounts - we are still less expensive.

5.~ Of the 22 facilities~- 11 offer senior discounts

6.~ Of the 22~facilities~- 11 offer student discounts

The 11 that offer discount are not the same for seniors and students some do over lap however,~some clubs just offer student rates and some offer special rates for seniors.

I will send a hard copy of this report for your information. I will be presenting this report to the Facilities Committee at our next meeting.~ I feel the data supports not giving the 50% discount - we are already less expensive than almost all of the facilities. I also think it would be hard from the Town's point of view to charge 1/2 price for some things like~the weight room but not for another service like the golf course. I hope this information helps.~ Please let me know if I can provide additional information for you.

Recreation and Youth Commission re-affirmed their prior year recommendation for a uniform policy, not specific to each fee. DPW Director Hooper suggested a means test rather than solely handicapped persons.

Caleb Chase Bill (follow up from Town of Dennis legislation)- from Rep. Peake

I'll be happy to file this for Harwich, but it needs to come up as a home rule bill.~ In other words it needs to be on the Town Meeting warrant (maybe at a special TM in the fall?), get approved by Town Meeting and then I can file it.~

With regard to discounted beach stickers for the disabled, Chairman Wilkins stressed that this is not the Board’s decision to make. Mr. McManus requested that a survey be conducted of our neighboring towns as to what they might be doing for their disabled populations. Mr. Merriam agreed to do the research.

With regard to the Caleb Chase Bill, Mr. McManus stated that the trust document that established the Caleb Chase Fund was very specific and we should have someone look over the document and bring this legislation in conformance with it. He also recommended changing the fund guidelines to include payment for oil. The Board agreed that more research should be done on this item.

NEW BUSINESS (Continued)

D. Board of Selectmen Draft Summer Meeting Schedule

At Mr. Marsland’s request, Mr. Merriam agreed to check with other towns with regard to when they schedule their Non-Resident Taxpayers Meetings. The Board agreed that the Non-Resident Taxpayer Meeting should be held at the Community Center. Mr. McManus requested that the Board hold a meeting on July 9^th to discuss projects they want to work on. The Board agreed to resume their regular schedule beginning September 8^th as well as to schedule an Executive Session for next week to discuss confidential items in the Town Administrator’s report.

Mr. McManus moved to adjourn at 9:33 p.m. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

Respectfully submitted,