Town of Harwich Massachusetts - Minutes

SELECTMEN’S MEETING

GRIFFIN ROOM, TOWN HALL

MONDAY, JUNE 22, 2009

SELECTMEN PRESENT: Ballantine, Cole, LaMantia, McManus

SELECTMEN ABSENT: Wilkins

OTHERS PRESENT: Town Administrator James Merriam, Assistant Town Administrator Nan Balmer, Aleks Sotiri, George Cavanaugh, Justin Brackett, Leo Cakounes, Toney Hopkins, Sal DeSantis, 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 discussed some matters of real estate negotiations and personnel matters, one of which they approved, which was a one year contract with the newly formed management association.

PUBLIC COMMENT/ANNOUNCEMENTS

Marcia Velasquez, owner of the property at 2 Old Blind Road next to Thompson’s Field explained that she has lived at the property for three years and since that time she has had a continuous problem with dogs coming into her backyard and frightening her children. She noted that she has contacted the Conservation Agent who told her there is not much he can do and she added that she calls the police for each incident but by the time the Animal Control Officer arrives, the dogs are gone.

Chairman McManus responded that he will discuss this issue with the Town Administrator tomorrow and get back to her. Mr. Merriam noted that there have been some discussions at the Conservation Commission regarding the proposed dog park. Mr. Cole pointed out that if the dogs are wandering off then they are not under the control of the owner as required by the leash law. He added that he would like to know why it is that the Animal Control Officer can never get there in time.

PUBLIC HEARINGS/PRESENTATIONS

A. Public Hearing – Application for upgrade and transfer of the Annual, Common Victualler, Wine & Malt License currently held by Aleks Sotiri d/b/a Harwich Port Pizza, Aleks Sotiri, Manager to an Annual, Common Victualler, All Alcoholic Beverages License for Harwichport House of Pizza, Inc., Aleks Sotiri, Manager located at 731 Route 28, Harwich Port

Mr. Cole read the hearing notice into record. Mr. Ballantine moved to open the Public Hearing. Mr. Cole seconded the motion and the motion carried by a unanimous vote. Mr. Sotiri was present and Chairman McManus pointed out that there were no objections from the Police Chief. With no one appearing from the public, Mr. Cole moved to approve the application for transfer and upgrade of liquor license. Mr. Ballantine seconded the motion and the motion carried by a unanimous vote.

B. Public Hearing – Application for an Annual, Common Victualler, Wine & Malt License for Ember Pizza Inc. d/b/a Ember, Justin R. Brackett, Manager located at 600 Route 28, Harwich Port

Mr. Cole 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. Chairman McManus noted that he requested and was provided with a new floor plan to reflect the fence and outdoor seating. Mr. Brackett appeared and took questions from the Board. Mr. Cakounes spoke in support of the applicant noting that Mr. Brackett is a well respected Harwich resident and his family has been involved in the restaurant business for a number of years. Matt Pitta, owner and president of the Board of Trustees for the Soundside Court Condominiums Association, located behind the establishment, stated that they are very happy to see a new business coming into that location as they were concerned about the building being vacant but they do want Mr. Brackett to be aware that there are tenants behind their location. Mr. Pitta questioned if there would be outdoor entertainment and Mr. Brackett responded that there would not and added that the liquor license would allow them to stay open until 1:00 a.m. but they do not intend to do so. Mr. Cole moved to close the Public Hearing. Mr. LaMantia seconded the motion and the motion carried by a unanimous vote.

Mr. Merriam confirmed that all the receipts had been returned and Chairman McManus noted that the Police Chief has no objections to granting the license. Chairman McManus pointed out that Mr. Brackett responded very strenuously to remedy complaints of noise at their other location.

Mr. Ballantine moved to approve the license including the addition of the revised floor plan. Mr. LaMantia seconded the motion and the motion carried by a unanimous vote.

A. Minutes – June 1, 2009 Regular Session

B. Approve MOU for Elder Services Nutrition Meal Sites

C. Approve Hawkers and Peddler’s License for Bog Dogs to operate at 501 Depot Street

D. Cross appointment of Assistant Harbormasters

E. Appoint Lee Culver as Special Police Officer

F. Planning Board 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 unanimous vote.

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

Mr. Murray explained that HECH would like to develop affordable housing rental property on land they own in West Harwich and there are currently two dwelling structures on the site. He stated that the Town owns an abutting piece of land to the rear of the property and they are seeking to partner with the Town on this project which would create a situation with access and egress from Willow Street rather than Route 28 which would allow for a better and safer project. Mr. Murray pointed out that there is some urgency as there is an effort to appeal 40B which is believed will happen in 2011. He noted that they are looking to start construction in late spring. He stated that the plan he received from Attorney Ford indicates that the lot labeled #3 has some encroachment on it and an owner has been discovered for the lot labeled #4. He explained that they are spending about $47,000 per year on interest and carrying costs and asked the Board to do whatever they can to resolve the issues with the Town-owned parcel. Chairman McManus proposed to work with HECH to come up with a workable proposal and the Board agreed.

A. Request by Harwich Cultural Council for an extension to the agreement with the Town to September 1, 2009 for cultural and educational activities at the Old Rec building on Sisson Road

Ms. Hopkins stated that they are seeking permission to continue to use the building as they have been until September 1, 2009. Chairman McManus stated that the Town Engineer has informed him that work will be going on at the building this summer in the basement and crawl space and there will be some noise involved. Mr. Cole moved approval of the extension until August 31, 2009. Mr. LaMantia seconded the motion and the motion carried by a unanimous vote.

B. Recommendation of the Harwich Golf Committee for no change to the agreement between the Board and the Committee regarding responsibility of the Golf Course

Mr. LaMantia stated that he is in full support of the responsibilities currently assigned to the Golf Committee being extended. He commented that they have a very strong record of accomplishments, the Director of Golf is very pleased with the relationship, and the course is in excellent condition. He stated that the Committee is working hard to come back to the Board with suggestions on how the Charter should best be revised. He recommended extending the agreement for a couple of months and then when they get the Committee’s recommendation on revising the Charter, they can change the agreement.

Mr. DeSantis noted that the Committee expects to have a recommendation within 30 days. He stated that all charges have been met with the exception of a recommendation from them for the future direction of the golf course and how that interacts with the future operation of the Committee itself. He stated that they need to see the Town Administrator and Town Accountant at their next meeting on July 13^th at 5:00 for some pertinent questions on the direction of the golf course. Chairman McManus suggested extending the agreement for 100 days which would take them to the end of September. Mr. Cole stated that the Committee should continue as is until the Charter change takes effect and Mr. DeSantis agreed. Mr. LaMantia recommended handling it in steps.

Mr. Cole moved to extend the existing agreement until September 30, 2009. Mr. LaMantia seconded the motion and the motion carried by a unanimous vote.

C. Approve Great Swamp Bog Lease and Lease Amendment

After discussion with Mr. Cakounes, Mr. Ballantine moved to approve the lease between the Town of Harwich and Leo and Andrea Cakounes d/b/a Cape Farm Supply and Cranberry Company for the lease of Great Swamp Bog for a 10 year period ending June 1, 2019 and with a lease payment spread over the 10 years of $10,000 and the lease must include a reference to the approved best management document. Mr. Cole seconded the motion and the motion carried by a unanimous vote.

D. Pleasant Bay No Discharge Area Application

Carole Ridley requested a letter of support to include in their application package to the US EPA requesting they designate Pleasant Bay, including the main basin, Little Pleasant Bay, and all of Chatham Harbor, as a No Discharge Area. Mr. Cole noted that he had some minor editorial changes to the proposed draft letter. Mr. Ballantine moved to approve the letter subject to editing by Mr. Cole. 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:

Pre Bid conference- West Harwich School / Old Rec Building sites

A pre-bid conference was held on June 17^th. A request to extend the July 2^nd deadline by 30 days was received from HECH. We will make further amendments to the RFP relating to deleting the LIP (Local Initiative Program), deleting reference to Article 36 of the May 6, 2008 ATM and clarifying the Town’s control so that prevailing wages are not applicable. We will issue an addendum with a new deadline of August 6^th.

Town Counsel Attorney Jeanne McKnight provided a new edit of the lease from our last negotiating session. Chairman McManus, Town Engineer Borgesi and I reviewed and have accepted the latest changes. A copy of this “final draft” is on each of your desks and has been forwarded to HJT representatives for their review and acceptance. Our goal is to submit the lease for your vote at your June 29^th meeting.

Attached is a list of featured speakers that Senator Kerry has assembled for Massachusetts Day at the US Capitol on June 23^rd. I am looking forward to a very exciting day in Washington DC next Tuesday.

I attended a meeting on June 16^th of the Water Quality Task Force. The meeting gave me the opportunity to announce the additional duties and regrade for the Assistant Natural Resources Officer as well as the Board’s appointments of Craig Wiegand and David Spitz to Pleasant Bay’s Technical Review Committee. Attached is a new schedule which was handed out by CDM which shows a start up on August 1^st and completion of the CWMP by May 2011. There was confidence expressed that the two MEP studies will be complete prior to start up.

Pleasant Bay Alliance

Director Carol Ridley has requested that your Board write a letter of support for a “No Discharge Area” which would prohibit any treated boat sewerage from entering Pleasant Bay. Orleans and Chatham Selectmen have already voted to support this initiative.

Attached is a list of Housing Committee parcels requested to meet the planned production report.

Mount Pleasant Bay Cemetery

The Cemetery Commissioners have requested Surveyor Paul Sweetser to investigate possible encroachments upon Town property. (see list)

The Personnel By-law and HEA contract acknowledges a Saturday holiday to be celebrated on Friday. In order for employees to receive a full Friday holiday, they would work four (Monday through Thursday) 7 hour days or a full 8 pm day on Monday (scheduled Selectmen’s meeting on June 29^th) and a half day on Thursday. Employees have expressed their preference for working the long day on Monday in order to have a long 4^th of July weekend.

Allen Harbor Channel dredge

Patriot Marine completed the removal in one day, reducing the final invoice to $19,648.

Bobby Johnson fund raiser

Cape Cod Classics request for a car show to benefit the Bobby Johnson Benevolent Fund only requires School Department approval.~ The event is to be held at the High School on July 18^th. - Ann

In order to accommodate the Police and Fire on our phone system, we need to switch from 3 digit to 4 digit extensions.~ The plan is to add a "3" in from of all Town Hall extensions. E.g. extension 358 would become 3358.~ People calling in and using the menu and directory would not be affected.~ External phone numbers would not be affected.~

Calling internally between extensions would require the extra digit.~ Also people who call in from outside and already know an extension would now need to enter the new 4 digit extension.

I would like to implement this ASAP.~ It will be done over a weekend or in the evening, so the changes will be in effect when people come in the day following the changes.~~ I propose sending a notification email to the phone system users and implementing ASAP.~ ~The voice message on the phone system will also be updated to notify callers of the change. - Foster.

Attorney General Seminar

I attended a seminar in New Bedford on June 18^th conducted by the AG’s office. The topic was Municipal Investments and the False Claims Act. They cited several communities who have been mislead and lost their investments because of fraud, the largest example has been Springfield. Gerry Perry from DOR encouraged communities to adopt investment policies similar to Weston and Wellesley’s.

Purchase Order System

Harwich will have a Munis Purchase Order system effective July 1^st. It will require purchasing approvals by the Department Head, by Purchasing (for statutory compliance and good business practice), by Accounting (for funds available) and by the Town Administrator (for Charter compliance). Munis training was provided this past week.

SELECTMEN’S REPORT

A. Selectmen Priorities – assign #8 and #9

Chairman McManus reported that Mr. Ford has appointed Tom Blute, Jack Brown, and Bonnie Russell to be the three representatives to the Regional School Committee. Mr. Cole suggested that Mr. Wilkins is the logical one to continue with #9 on the Board’s priorities to continue discussion with Chatham regarding resource sharing. Mr. LaMantia commented that #8 concerning regionalization and #9 are one item in his view and Mr. Wilkins should handle both. Chairman McManus agreed to discuss it with Mr. Wilkins. Mr. Cole noted that he would like to be involved with #7 concerning public safety.

B. Discussion regarding inactive committees

Chairman McManus noted that he had given the Board a brief memo on inactive committees and suggested that there are a few committees that the Board may want to disband and a few others that need some discussion. Mr. Ballantine offered to work on it and report back to the Board. Mr. La Mantia agreed to work with Mr. Ballantine on this.

C. Proposed hearing date for Police Station naming – Chairman’s recommendation

Mr. Cole moved to set July 13, 2009 as a Public Hearing to take public testimony and opinion regarding the naming of the new police headquarters building. Mr. LaMantia seconded the motion and the motion carried by a unanimous vote.

Mr. Cole moved to adjourn at 9:01 p.m. Mr. Ballantine seconded the motion and the motion carried by a unanimous vote.

Respectfully submitted,