Town of Harwich Massachusetts - Minutes

SELECTMEN’S MEETING

GRIFFIN ROOM, TOWN HALL

MONDAY, JUNE 15, 2009

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

OTHERS PRESENT: Town Administrator James Merriam, Assistant Town Administrator Nan Balmer, Chief Mason, Craig Wiegand, Tom Leach, Peter Spalt, Kara Spalt, Paul Erickson, Pete Watson, and others.

MEETING CALLED TO ORDER at 7:10 p.m. by Chairman McManus.

Chairman McManus reported that the Board had just come out of Executive Session where they had informational discussions on real estate, personnel and contract matters and no action was taken.

A. Approve minutes –

1. May 26, 2009 Regular Meeting

2. June 8, 2009 Executive Session

B. Vote to approve new Junk Dealer’s license for Port Peddlar at 547 Route 28

C. Accept gift of batting cage for Whitehouse Field from Harwich Athletic Assn.

D. Request for assistance from the Caleb Chase Fund

E. Committee vacancy appointments

F. Approve reappointments:

1. Annual committee re-appointments

2. Annual Miscellaneous Selectmen appointments

3. Annual Police Appointments

Mr. Cole moved to approve the Consent Agenda and take the pertinent actions thereto. Mr. Ballantine seconded the motion and the motion carried by a 4-1-0 vote with Mr. Wilkins in opposition.

A. Vote Town Administrator’s recommendation for appointments to the Pleasant Bay Alliance Technical Resource Committee (recommend Craig Wiegand & David Spitz)

At Mr. Merriam’s recommendation, Mr. Cole moved to approve the Town Administrator’s recommended appointments to the Pleasant Bay Alliance Technical Resource Committee, namely Craig Wiegand and David Spitz. Mr. LaMantia seconded the motion and the motion carried by a unanimous vote.

A. Vote to sign Animal Control Officer Warrant

Mr. Cole moved to vote to sign the Animal Control Officer Warrant. Mr. LaMantia seconded the motion. Mr. Cole noted that quarterly reports are required and questioned if they have been completed. Mr. Merriam stated that the reports should be made to the Board of Health and he would check with them.

B. Discuss partnership with HECH to develop an affordable housing rental development in W. Harwich

Mr. McManus stated that Mr. Murray has asked to be scheduled on a future agenda as he needs to have a discussion with Mr. Ford. Mr. Merriam clarified that Mr. Murray has had a discussion and Mr. Ford who will be providing additional information to Mr. Murray on this parcel. Mr. Merriam added that Mr. Murray will likely be appearing before the Board next week.

PUBLIC HEARINGS/PRESENTATIONS (Not before 7:15 P.M.)

A. Public Hearing – consider granting Class D Passenger Boat Permit for Peter & Kara Spalt

Mr. Wilkins read the hearing notice into record. Mr. Cole moved to open the Public Hearing. Mr. LaMantia seconded the motion and the motion carried by a unanimous vote. Kara Spalt explained that she and her husband, Peter Spalt, have entered into an agreement to buy the passenger boat, Perseverance, which currently operates with a Class D permit and slip. She noted that they are next on the waiting list for a Class D permit and slip and that on June 9^th the Waterways Committee affirmed that they should be granted the permit. She explained that they intend to run the business essentially the same as it has been run for the last eight seasons with ticketing and reservations being handled at 702 Route 28. She noted that the boat will carry up to 40 passengers to Monomoy to view the seals and wildlife. She explained that in order to satisfy the offsite parking requirements, Back Office Associates has agreed to lease them parking spaces. Ms. Spalt noted that Mr. Spalt holds a Coast Guard certified 100 ton master’s license and has been navigating the waters of Nantucket Sound for over 30 years, including 20 years of operating commercial fishing boats. She requested that the Board issue them the Class D permit. Mr. Leach noted that he and the Waterways Committee are in full support of the Spalt’s proposal. Mr. Ballantine moved to close the Public Hearing. Mr. Cole seconded the motion and the motion carried by a unanimous vote.

Mr. Leach took questions from the Board. Mr. Cole moved to vote to approve granting a Class D passenger boat permit to Peter and Kara Spalt with the provision that the boat is approved to carry up to 40 passengers. Mr. McManus recommended that Mr. Cole add to the motion “provided that the 10 parking spaces being proposed are acceptable to provide parking.” Mr. Cole pointed out that we have no requirement for parking. Ms. Spalt stated that she believes that the other passenger boats are required to have 6 offsite spaces. Mr. Leach explained that the Urban Harbors Institute estimates 3 passengers per vehicle which indicated that 10 parking spaces are needed in addition to the spaces currently in the Freedom Cruise Line lot. He added that the Yankee is grandfathered and therefore has no additional parking and the Captain Kid has the parking lot next to the pizza business. Mr. Cole amended his motion to stipulate that the permit is granted subject to the recipient providing 6 offsite parking spaces. Mr. LaMantia seconded the motion and the motion carried by a unanimous vote.

B. Public Hearing – set fees for false alarms and consider annual alarm registration program

Mr. Wilkins read the hearing notice into record. Mr. Ballantine moved to open the Public Hearing. Mr. LaMantia seconded the motion and the motion carried by a unanimous vote. Chief Mason noted that his research indicated that in 2007 there were 78 alarms that would potentially be fee collectible and 62 in 2008. He stated that they average 880 false alarms per year. Chief Mason recommended that if the fees are adopted that they be implemented in January of 2010. He further stated that he is not recommending a fee for registration of alarms as he would like to take another year or so to see if it is even necessary.

Mr. Cole calculated that we are spending $35,000 to $40,000 per year to respond to these false alarms and added that he prefers that the fees kick in earlier than at the third one and that they are closer to what our costs are. Chief Mason pointed out that the by-law specifically states that the first 3 false alarms have no fee attached.

Chief Flynn stated that he supports Chief Mason’s efforts and noted that his biggest concern is that they often respond to calls because the system has malfunctioned and the homeowner will take their time or not even bother contacting the alarm company to have the repairs done. He reported that they respond to in excess of 300 false alarms per year.

Mr. Erickson recommended that the Board support enforcement of the by-law and that the fees be based on cost. He added that an alarm registration program would not be productive as the majority of registrations are done through an alarm company.

Mr. LaMantia moved to close the public hearing. Mr. Ballantine seconded the motion and the motion carried by a unanimous vote.

Mr. Ballantine moved to accept the proposal as made to us with the amendments that we change the fee structure of Alarm 4 to $50, Alarm 5 to $100 and Alarm 6 or more to $150. Mr. Cole seconded the motion and the motion carried by a unanimous vote.

NEW BUSINESS (Continued)

C. Vote to amend agreement to extend period of performance for Mass Estuaries Project to 9/30/09

Mr. Wilkins moved to amend the agreement to extend the period of performance for the Mass Estuaries Project. Mr. Ballantine seconded the motion. Mr. Cole suggested that the Town Administrator indicate that we would be delighted to sign the document when they have corrected the typos. The motion carried by a unanimous vote.

D. Request by Assembly of Delegates for nomination to special committee to review Barnstable County Home Rule Charter

Mr. Wilkins moved to nominate Suzanne McAuliffe. Mr. Cole seconded the motion and the motion carried by a unanimous vote. Mr. Wilkins noted that Ms. McAuliffe is a member of the Yarmouth Board of Selectmen and he provided further background information on her commenting that she is very knowledgeable about all facets of governance on Cape Cod. The motion carried by a unanimous vote.

E. Vote to schedule hearing on Housing Production Plan (proposed date of 7/13/09)

Mr. Cole moved to schedule a hearing on the Housing Production Plan on July 13. Mr. Ballantine seconded the motion and the motion carried by a unanimous vote.

F. Vote to approve re-grade of Assistant Natural Resources Officer

Mr. Merriam explained that the Water Quality Task Force is engaged in a major initiative to plan for the Town’s water quality and professional staff is needed to direct the planning of the Town’s water quality project including management of the professional engineering contract. He stated that Heinz Proft, the Town’s Assistant Natural Resources Officer, has the skills and educational background to direct this effort and manage the wastewater engineering contract. Mr. Merriam added that he is working with the Chairman of the Water Quality Task Force to draft a new job description for the position. Mr. Wiegand and Mr. Leach spoke in support of Mr. Merriam’s proposal. At Mr. Merriam’s recommendation, Mr. Wilkins moved to re-grade position of Assistant Natural Resources Officer from a grade of B18 to a grade of B25 in the Harwich Employees Association Compensation Schedule. Mr. Ballantine seconded the motion and the motion carried by a unanimous vote.

G. Schedule Annual Non-Resident Taxpayers Meeting

Mr. Wilkins moved to incorporate the Non-Resident Taxpayers Meeting as part of our regular meeting on August 10, 2009. Mr. Ballantine seconded the motion and the motion carried by a unanimous vote.

H. Emergency dredging Allen Harbor entrance sandbar

At Mr. Leach’s recommendation, Mr. Wilkins moved to approve the contract with Patriot Marine not to exceed $21,400 to do the dredging of the inner channel between the breakwaters at Allen Harbor and authorize the Chair to sign the contract. Mr. Cole seconded the motion and the motion carried by a unanimous vote.

I. Vote to approve Barnstable County MOU Solid Waste

The Board discussed the matter with Mr. Watson and Mr. Merriam after which Mr. Wilkins moved to support the MOU as proposed by the Town Administrator – it is a non-binding MOU between interested Cape Cod Communities, i.e. Harwich, regarding negotiations with Covanta/SEMASS. Mr. LaMantia seconded the motion and the motion carried by a unanimous vote.

TOWN ADMINISTRATOR’S REPORT

Mr. Merriam delivered the following report to the Board:

Lt. Governor Tim Murray

Deputy Commissioner Bob Nunes requested and we have agreed to host Lt. Governor Tim Murray and his Municipal Cabinet on July 9^th between 10:30am and noon at the Community Center. Bob will be inviting the Cape Legislative delegation and municipal officials over the next week. We all can be proud to “show off” the best Community Center in Massachusetts.

Attached are minutes from the last Solid Waste meeting in which Covanta seeks MOU’s by June 30^th. Barnstable County is seeking an alternatives analysis which will be due in September. Link Hooper, Pete Watson and I have previously recommended to you that the Covanta MOU not be signed by June 30^th and that we support the study. Please review the MOU between the Cape Towns that we do recommend be authorized by your Board prior to June 30^th. Every town contacted to date has refused to sign Covanta’s MOU but is signing on to the County Study.

A meeting was held on June 9^th which included representatives Mike Hanlon and Stephen Wiehe from our consultant Weston and Sampson; CVEC representatives Mark Zielinski, Maggie Downey and Attorney Jeffrey Bernstein and Barry, Nan and myself. We attempted to merge documents between the two groups but the numbers were not in the identical format with identical assumptions. Attached is a copy of CVEC’s power point presentation and spreadsheets. Maggie will develop additional spreadsheets for our next meeting on June 29^th. We will need a small sum of money to continue to engage Weston and Sampson to complete their analysis. I have written to the Water Commissioners to discuss more precise locations. (see map in which Water Dept. property abuts another parcel consisting of 19+ acres under the Selectmen’s control. Stephen Wiehe advises that 5 acres is needed for leasing per turbine.

Allen Harbor Dredging

Coastal Engineering had advised me that Marshfield is dredging Green Harbor this year and planned to borrow for it. Marshfield Town Administrator Rocco Longo provided their authority to borrow, but it based upon receiving Federal Funds. Therefore, I still have not found authorization to borrow for dredging with local funds. Tom Leach showed me the sand bar building within the Allen Harbor between the jetties. The Codfish was not allowed to dredge between the jetties during flounder season. With the Codfish headed for Sesuit Harbor, Tom is seeking quotes to dredge from private vendors. Selectman LaMantia, Joe Borgesi, Tom Leach, John and Roy from Coastal and I attended an Allen Harbor Yacht Club meeting on June 11^th to present the current project. We received compliments for our presentation and overall very positive support for the work to date. We were asked about the three owners who have not received permits and how they were going to be addressed. Angelo is thinking that our betterment by-law may require a further amendment. (See copy of handout).

Allin McMullen expressed concern about shallow waters in the outer channel. Tom checked on depths and has asked the Coast Guard to reset the channel markers, which is scheduled for next week.

CCRTA update from Executive Director Joe Potzka

The wind~turbine will save us approximately $30,000 per year. Regarding solar panels, we are working with vendors to determine how much we can save based on the square feet of roof space. In addition we are working with a consultant to see what other cost saving~actions we can save at the OPS Center and Hyannis Transportation Center. Any savings, of course, will be~shared with the Federal Transit Administration and State which~contribute 87% of our~revenue.

Police Station furniture

The Police Department has offered to transfer furniture and fixtures they no longer need to other departments, so long as it’s out of their old facility by mid July. A list of any furniture not claimed by other departments will be compiled for your determination whether to declare surplus and allow for other means to dispose of.

This is a message from the Harwich Water Department. Over the next several weeks, the department will be conducting fire hydrant flow tests. If you notice discolored water from your taps, simply run the cold water until the water runs clear again. If the discoloration persists, or if you have any questions or concerns, please call the department at 508 432-0304. Thank you.

You asked me to look into the price we’re paying for fertilizer – Shawn says most towns buy under county bid and have done so for many years --- the price is less than half of what it would be on the open market - Nan

SELECTMEN’S REPORT

A. Selectmen’s priorities

The Board indicated their assignment preferences for the Selectmen’s priorities (see attached) as follows:

#1 Budget Subcommittee

#6 Mr. Cole and Mr. Ballantine

#7 Mr. LaMantia (with Mr. Brown if he is interested)

The Board agreed to wait on #8 and #9 to see who Mr. Ford appoints.

Mr. Wilkins moved to adjourn at 9:50 p.m. Chairman McManus seconded the motion and the motion carried by a unanimous vote.

Respectfully submitted,