MINUTES
SELECTMEN’S MEETING
GRIFFIN ROOM, TOWN HALL
MONDAY, JUNE 2, 2008
7:00 P.M.
SELECTMEN PRESENT: Cole, LaMantia, Marsland, McManus, Wilkins
SELECTMEN ABSENT: None
OTHERS PRESENT: Town Administrator James Merriam, Asst. Town Administrator Nan Balmer, Chief Mason, Susan Leven, Gerry Loftus, Dick Flink, Dean Knight, Barry Worth, Maggie Downey, and others.
MEETING CALLED TO ORDER at 7:10 p.m. by Chairman Wilkins.
Chairman Wilkins reported that the Board had just come out of Executive Session where they discussed potential litigation, contract negotiations and a personnel matter, none of which have been resolved.
WEEKLY BRIEFING
Ms. Leven announced that she has been notified that the Town has been awarded $75,000 by the County through the Regional Economic Development Pilot Program to carry out the third year of the East Harwich project.
PUBLIC COMMENT/ANNOUNCEMENTS
Mr. Flink stated that George Cavanaugh will not stand for reappointment to the Zoning Board and he assumes the alternate will be moving up to a regular appointment. Mr. Cole pointed out that it is not automatic that alternates become regular members and recommended he put this request in writing.
Dean Knight presented photos to the Board of Red River Beach and work done by the Highway Department affecting the dunes. He commented that the dunes deserve more sensitive treatment and he noted that he has filed a written complaint today with the Conservation Department detailing where he believes these actions are inconsistent with the Town’s Order of Conditions dated April 30, 2002 as well as the Town’s Wetland Protection Regulations. He urged the Board to halt further work until his complaint can be addressed.
Mr. Merriam explained that John Chatham has confirmed approval of the work that was performed by the Highway Department. He noted that it is constant and ongoing and will continue to be. Mr. Knight reiterated that the activities are not consistent with the rules set out in 2002 for how to deal with the seaweed problem and violate State and Town laws. Mr. Merriam stressed that this is clearly in the jurisdiction of the Conservation Commission and Chairman Wilkins agreed that this is not in the Board’s purview. Chairman Wilkins agreed to agenda this item for next week when all parties could be present. Mr. LaMantia requested that Mr. Chatham provide a history of Red River beach as well. Jane Chase and Barbara Yamamoto shared similar concerns as those of Mr. Knight.
PUBLIC HEARINGS/PRESENTATIONS (7:15 P.M.)
A. Public Hearing – Application for Annual, Common Victualler, All Alcohol License by Kedja, Inc. d/b/a Andale! Café
Mr. Marsland read the hearing notice into record and Chairman Wilkins opened the hearing. Kendra Sarabia, owner, provided proof of abutter notification. Mr. Cole pointed out that Items 14C and 14F in the application were not answered. He provided Ms. Sarabia with a copy of the application and she filled in the answers. Mr. Cole read the answers into record as “no” to both questions. Mr. Merriam confirmed that the abutter information was complete. With no one appearing from the public, Mr. Marsland moved to close the hearing. Mr. Cole seconded the motion and the motion carried by a unanimous vote.
Mr. Cole moved to approve the application for an Annual All Alcoholic Beverage License for Kedja, Inc. d/b/a Andale Café. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.
OLD BUSINESS
A. MassRIDES vote
Mr. Marsland moved to join MassRIDES. Mr. Cole seconded the motion. Mr. McManus clarified that they are approving that the Town of Harwich is becoming an employer sponsor of MassRIDES and to fill out and authorize the Chair to sign the document. The motion carried by a unanimous vote.
CONSENT AGENDA
A. Minutes –
1. April 28, 2008 Executive Session
2. May 5, 2008 Regular Meeting
3. May 6, 2008 Regular Meeting
4. May 19, 2008 Executive Session
5. May 27, 2008 Executive Session
Mr. Marsland moved approval of the Consent Agenda. Mr. Cole seconded the motion. The motion carried by a 4-0-1 vote with Mr. LaMantia abstaining from the vote.
PUBLIC HEARINGS/PRESENTATIONS (Continued)
B. Presentation by Barnstable County on Cape & Vineyard Electric Cooperative
Mr. Worth introduced Ms. Downey, Director of the Cape Light Compact, who made a power presentation on the Cape & Vineyard Electric Cooperative for the development of renewable energy projects. Ms. Downey and Mr. Worth took questions from the Board.
NEW BUSINESS
A. Nomination and election of the Board members to the following positions:
Chair
Vice Chair
Clerk of the Board
Interview and Appointments Committee (2 members)
Mr. McManus moved to nominate Robin Wilkins for Chair of the Harwich Board of Selectmen. Mr. Cole seconded the motion and the motion carried by a unanimous vote.
Mr. Cole moved that David Marsland continue in his position as Vice Chair. Chairman Wilkins seconded the motion and the motion carried by a unanimous vote.
Mr. McManus moved to elect Mr. Cole as Clerk of the Board. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.
Mr. Cole moved that the Interview and Appointments Committee consist of Mr. McManus continuing and Mr. LaMantia joining. Mr. Marsland seconded the motion and the motion carried by a unanimous vote.
B. Request by Chief Mason to dispose of broken and/or outdated equipment
Mr. McManus moved to approve of the Chief disposing of the outdated and broken equipment that he has listed. Mr. Marsland seconded the motion and suggested that the radar detectors might be used by a little league team and Chief Mason noted that the detectors will need some maintenance. Mr. McManus noted that the Chief can dispose of these items any way he sees fit. The motion carried by a unanimous vote.
C. Board’s summer meeting schedule
Mr. McManus moved approval of the summer schedule as presented. Mr. Cole seconded the motion and the motion carried by a unanimous vote.
TOWN ADMINISTRATOR’S REPORT
Mr. Merriam delivered the following report:
Lessons Learned (from Town Meeting)
See attached list. We did not have time to discuss immediately after Town Meeting. There was competing ideas relative to School articles rolled into their Operating budget. Debate about the appropriateness of funding certain CPC articles leaves the question of whether to consolidate these articles into one omnibus CPC Article.
Seasonal Liquor License
Chatham Fish Market d/b/a George’s Place did not pick up or pay for their seasonal license which went into effect April 1.~ We sent them a certified letter last week giving them a deadline of Friday, May 16th to pay ($1,250).~ The owner called on that day to inform me that they no longer wanted the license and would like to turn it in.~ I reminded her that they had signed the renewal form and had been using the license since April 1.
~
Chapter 138, Section 16B of Massachusetts General Law provides that an applicant for a liquor license must pay the license fee within 14 days of notification that the license has been authorized to be granted or risk forfeiture of the license.~ They were notified on March 27th and April 28th which was finally followed up by the certified letter on May 9th.~ How do you want me to handle payment?
Advice from Town Counsel Jeff Honig
While the authority of the Board to revoke the liquor license for failure to pay the license fee is clear under G.L. c.138, §§16B and 70, the ability to collect the fee upon the voluntary return of the liquor license by the licensee is dependent on the amount of work that went into issuing the license.~ Generally, a municipal fee will be upheld by a court when, among other things, the charge is collected not to raise revenues but to compensate the municipality providing the service for its expenses.~ See~ Emerson College v. Boston, 391 Mass. 415, 424 (1984).~ In my opinion, the Town could seek to collect all or a portion of the $1,250 liquor license fee based on a
reasonable calculation of the cost to the town of issuing the license.~ Once that amount is determined, a letter to the licensee seeking collection of the fee would be in order.~ If the licensee fails to pay upon demand, then it can be treated like any other debt owed to the town and collected through a civil action (in this case, small claims).
Golf Committee
With the majority of members resigning over the past two weeks, it raises the prospect that the current model ought to be reviewed within the context of the current Charter and the inter-relationships between the Selectmen, Town Administrator and Director of Golf with the Golf Committee. Several discussions with members have pointed to the inherent relationships of authority and responsibilities. One idea discussed is the Capital Budget model and whether that ought to be considered for a new Golf Committee.
State Managers
The Mass Municipal Managers Association is gathering in Lenox for a 2 day seminar on May 29th and 30th which I will be attending.
HVAC contract
Attached is the amended fee proposal and phasing for the Town Hall HVAC replacement from Michael Lescarbeau. The first phase schedule is also attached for a Fall installation. Joe Borgesi and I will work with the existing engineering contract and ask you to amend it for the 3rd phase.
Permit Streamlining
Elizabeth Hude utilized a High School Senior Melissa Greene to review our current permitting and make recommendations. Elizabeth and Melissa presented their findings to a small group of Chamber of Commerce and Town officials.
Red River Beach
Link Hooper and John Chatham followed up on May 28th from Dean Knight’s complaint regarding the dune cover. Link will have a small area of sea-grass / shells removed on Thursday and they have jointly agreed to locations at both ends to place excess sea-grass and shells. The entire Red River Beach is man-made and they have been improving upon this beach each year. This material must be kept on site, so it will be placed in various locations going forward.
Ms. Balmer took questions from the Board on her report.
Mr. McManus moved to approve the change to the Cable TV Advisory Committee charge to indicate that it is a temporary ad hoc committee and at the end of the statement add a sentence that says “The committee is a temporary ad hoc committee and will serve until the renewal of the cable license.” Mr. Cole seconded the motion and the motion carried by a unanimous vote.
Regarding the liquor license for George’s Fish Market, Mr. McManus stated that if they have sold any alcoholic beverages since April 1st then they owe us the entire amount for the license and if they haven’t sold any alcoholic beverages we should just determine what our costs have been.
SELECTMEN’S REPORT
A. Review of Selectmen’s Rules of Operation
B. Discussion on committee liaison assignments
The Board agreed to bring these items back.
C. Review Affordable Housing Special Revenue Fund rules
The Board discussed their thoughts on the policy and Chairman Wilkins requested that Mr. LaMantia and Mr. Merriam work on rewriting it and bringing it forward to the Board. Mr. McManus pointed out that once the new policy is voted we should send it to all the appropriate agencies.
D. Tickler sheet/goals
E. Process of updating Committee Handbook, Home Rule Charter, By-Laws
The Board agreed to bring these items back.
Chairman Wilkins requested that Mr. Merriam have a conversation with Dr. Cragin to discuss sharing of services with the School Department in the areas of procurement and personnel management and added that he would like the School Committee to vote on it.
ADJOURNMENT
Mr. Marsland moved to adjourn at 9:33 p.m.
Respectfully submitted,
Ann Steidel
Recording Secretary
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