Town of Harwich Massachusetts - Minutes

SELECTMEN'S MEETING

GRIFFIN ROOM, TOWN HALL

MONDAY, JULY 13, 2009

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

OTHERS PRESENT: Town Administrator James Merriam, Assistant Town Administrator Nan Balmer, Chief Mason, Paula Champagne, Tom Leach, Carolyn Carey, Gerry Loftus, Susan Rohrbach, Brooke Williams, Maggie Downey, Barry Worth, Allin Thompson, Bill Doherty, 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 personnel matters that are ongoing.

June 15, 2009 Regular Session

June 29, 2009 Executive Session

B. Appoint Election Officers

C. Accept gift of $8,603 to the Community Center from the Ora Gaylord Arooth Trust

and authorize Chairman to sign letter of receipt of distribution

D. Accept resignation of Bill Reuss from the Bikeways Committee

E. Reappoint Murray Johnson to Waterways Committee

F. Vote to approve a One Day Liquor License for beer for The Family Pantry Corp.

fundraiser to be held on August 9, 2009 (The Town has no fee for this license.)

G. Vote to approve a Charity Fundraising Liquor License for wine for The Family

Pantry Corp. fundraiser to be held on August 9, 2009 (The Town has no fee for this

H. Vote to approve One-Day Weekday Entertainment License and waive license fee for The Family Pantry fundraiser to be held on August 9, 2009

Mr. Cole moved to approve the Consent Agenda items F, G and H and take the appropriate actions thereto. Mr. Ballantine seconded the motion and the motion carried by a unanimous vote.

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

A. Public Hearing - Proposed Naming of the New Police Facility

Mr. Wilkins read the hearing notice into record. Chairman McManus explained that there has been a suggestion that the facility as a whole should be named the Harwich Public Safety Facility

with the Fire Department side being named after former Fire Chief and Selectman Robert A. Peterson and on the Police Department side there are recommendations to name it after Officer Kenneth Grindell, a patrolman who died on duty, or former long-term Police Chief John Raneo. Chairman McManus noted that the Board has received correspondence from Officer Neil Nolan and from Skip Campbell requesting to name it after Officer Grindell and they have received correspondence from former Police Captain Peter Welch and Former Police Chief Bill Greenwood in support of naming it after former Police Chief John Raneo.

Mr. Cole moved to open the Public Hearing to consider the proposed naming of the new police facility. Mr. Ballantine seconded the motion and the motion carried by a unanimous vote.

Officer Nolan spoke in support of naming the facility after Officer Kenneth Grindell who he explained died in 1965 in the line of duty from a fatal heart attack. He stressed the sacrifice made by Officer Grindell and his family and commented that number of years of service is not more important than a line of duty death.

Allin Thompson said he knew both men very well and commented that John Raneo was an outstanding Chief over and above those who served before him. He stated that it would be a dishonor not to name it for him. He added that there should be an Honor Roll to honor distinguished service to the Town. Mr. Thompson suggested naming a room at the new facility after Officer Grindell.

Mr. Cole moved to close the Public Hearing. Mr. Wilkins seconded the motion and the motion carried by a unanimous vote. Chairman McManus read the Town’s Facilities Naming Policy.

Mr. Wilkins commented that each of these gentlemen performed a critical role in providing public safety to the citizens of this community. He noted that there are other Town buildings that aren't named and he added that he supports the idea of an Honor Roll.

Mr. Cole moved to name the Police Headquarters wing of the new Harwich Public Safety Facility after former Police Chief John Raneo. Mr. LaMantia seconded the motion. Mr. Cole stated that beyond being an essential Police Chief in the history of the Department, it is clear that John Raneo was an outstanding citizen in the Town and made substantial contributions to the community in a wide variety of capacities. He added that Mr. Raneo had an outstanding record that deserves to be recognized. Mr. Ballantine agreed but questioned if they are forced to name the facility at this time. Chairman McManus responded that they are not.

Mr. Cole said a much higher level of honor of some form ought to be associated with someone who died in the line of duty, perhaps by naming a room in the facility after him. Mr. LaMantia requested that Mr. Cole modify his motion to include the decision to have an Honor Roll or other honoring place within the building and Mr. Cole agreed to amend his motion accordingly. Chairman McManus stressed the need to respect Officer Grindell’s service and sacrifice and it should be noted in a very public place in some fashion at the facility. He added that Chief Raneo's level of service to the Town throughout his life and the tone he set in establishing our current Police Department needs to be recognized.

Chief Mason recommended naming the Training Room after Officer Grindell as it is a very public area of the building that will be frequented by the public and include an explanation of why Officer Grindell was chosen to receive this honor. At Chairman McManus’ recommendation, Mr. Cole agreed to amend his motion as such and Mr. LaMantia seconded the motion. Chairman McManus stated the motion as follows:

That the facility as a whole be named the Harwich Public Safety Facility, that the Fire side be named the Robert A. Peterson Memorial Fire Headquarters, that the Police side be named the John S. Raneo Police Headquarters, that the Training/EOC Facility be named the Kenneth Grindell Sr. Training Facility, that a Roll of Honor of members who have served in both the Police and Fire Department be recognized with an appropriate listing and plaque in a prominent public place in the building.

The motion carried by a unanimous vote.

B. Public Hearing - Housing Production Plan

Mr. Wilkins read the hearing notice into record. Housing and Planning Consultant, Karen Sunnarborg, provided a Power Point presentation of the Housing Production Plan and took questions from the Board. Brooke Williams commented that mixed income is another type of housing that is not mentioned in the plan and should be looked into. He also suggested looking into developing a strategy of making some of the existing housing stock into affordable units. He added that the intersection of Routes 137 and 39 should have an affordable element.

Mr. Loftus responded that we are working on some of these suggestions already and Ms. Sunnarborg said the issue of mixed income is included in the plan.

Mr. Cole moved to close the public hearing. Mr. Wilkins seconded the motion. Chairman McManus explained that they will wait to see what the Planning Board determines and what suggestions they make and the Board will take this matter up after that.

A. Approve Notice of Agreement with Tower Co. and authorize Chairman to sign

At Mr. Merriam’s recommendation, Mr. Cole moved to approve the Notice of Agreement with Tower Co. and authorize the Chairman to sign said notice which constitutes our recognizing that Tower Co. as a lessee is successor in interest to Sprint Spectrum LP. Mr. LaMantia seconded the motion and the motion carried by a unanimous vote.

B. Approve installation of "No Parking $50 Fine" signs on west side of Zylpha Road

Chief Mason explained that due to a public safety issue, the Board recently approved his request to install “No Parking $50 Fine” signs on the east side of Zylpha Road and he has since received a petition from residents asking that the same signs be installed on the west side of Zylpha Road. He noted that he sees no public safety issue warranting these signs on the west side and that if signs are posted, then there will be no parking at all on the street for residents and their guests. He noted that some of the houses have as many as 6 parking spots and others have only 1 or 2.

Peg Greenwood of 23 Zylpha Road stated that she disagrees that these signs should be on the west side of the street and that they have never had any problems with people parking there to get to the beach. She added that some of the residents who signed the petition are under the impression that the police won’t enforce the signs and it will just be a deterrent to those parking there to use the beach.

James O’Callaghan of 26 Zylpha Road noted that he delivered a petition this morning indicating that two-thirds of the residents do not want these signs on the west side of the street.

Bob Darrah of 5 Zylpha Road stated that there shouldn’t be any parking on the street as there are a lot of children living there and it is difficult to get down the street.

Andy Birchenall of 18 Zylpha Road stated that they can live with the current situation and it was a mistake for him to sign the petition.

Dan Greenwood of 23 Zylpha Road commented that this would be a hardship for them as they have many grandchildren coming to visit, one who is handicapped.

Matt Newman of 2 Zylpha Road noted that he has 3 small boys and the current situation is not a problem. He added that for the sake of the neighbors who need the parking, things should be kept as is.

Janet Plotner of 24 Zylpha Road stated that this is nothing but a safety issue. She stated that she has young grandchildren and has watched children dart in and out of yards. She stated that she is very concerned that someone will get hurt and other roads in the area have signage on both sides.

Mr. Wilkins asked if there are “Children at Play” signs and Chief Mason responded that there are not but he could see that they are installed with the Board’s approval.

Allin Thompson stated that the other roads were posted with “No Parking” signs on both sides as people were parking on those roads and walking to the beach.

Mr. LaMantia suggested getting a recommendation from the Traffic Safety Committee. Chairman McManus stated that thus far it is not clear that there is a horrendous or annoying problem with beach parking on Zylpha Road but there are some concerns about the safety of children which can be addressed by putting up warning signs. He added that if a problem with parking does occur, the Board can correct it very quickly. He noted that there should be unanimity among the residents on this issue.

Mr. Leach suggested that some of the no parking restrictions on the other roads should be lifted to allow access to public shellfishing areas on Nantucket Sound. He noted that currently access is almost impossible. He suggested reviewing all the signage.

Mr. Cole commented that Chief Mason had made it clear that there is not a safety issue and absent a recommendation from the Traffic Safety Committee perhaps they should have a comprehensive review of these roads in order to see if the restrictions are required as Mr. Leach has suggested.

Mr. Wilkins moved to refer this matter to the Traffic Safety Committee for its review in consultation with the Police Department, including a review of parking restrictions on other roads leading to Harwich’s Nantucket Sound beaches. Mr. Cole seconded the motion and the motion carried by a unanimous vote.

C. Approve CVEC Wind Project Letter of Intent

The Board discussed the letter with Mr. Worth and Ms. Downey. After recommendation from Mr. Merriam, Mr. Wilkins moved to support the Letter of Intent for the development of one or more wind turbines within Harwich. Mr. Ballantine seconded the motion and the motion carried by a unanimous vote.

CONSENT AGENDA (Continued)

Mr. Wilkins moved to accept the gift to the Community Center from the Ora Gaylord Arooth Trust and authorize the Chairman to sign the letter of receipt. Chairman McManus seconded the motion and the motion carried by a unanimous vote.

NEW BUSINESS (Continued)

D. Discuss letter from Michael Schreibman

The Board discussed the letter from Mr. Schreibman requesting that they reconsider reappointing him to another term on the Conservation Commission. Chairman McManus noted that a number of members recommended that Mr. Schreibman not be reappointed. Mr. Schreibman requested that the Board explain what they did not like about his service. The Board commented on areas of dissatisfaction. Mr. Schreibman refuted the Board’s remarks. The Board took no action on Mr. Schreibman’s request.

CONSENT AGENDA (Continued)

Mr. Cole moved to approve Consent Agenda Items A, B, D and E and take the pertinent actions thereto. Mr. Ballantine seconded the motion and the motion carried by a unanimous vote.

A. Execute Harwich Junior Theater Lease

Mr. Merriam noted that on pages 6 and 7 the text indicating a date of September 1, 2009 will be changed to August 31, 2010.

Mr. LaMantia stressed that he needs to know what the Town is getting from this. Chairman McManus commented that he sees this as a way to avoid expenditures by the Town, in particular the $4,000 to $5,000 we are spending per year on utilities as the Junior Theater will be picking up these expenses. He added that we will maintain certain expenditures for repairs and maintenance which he noted were appropriate. Mr. LaMantia stated that there are still costs involved that we need to get rid of and he believes there was a commitment to the residents that that was going to happen. Mr. Merriam responded that we will continue to have landlord responsibilities and he doesn’t think we can shift any more costs. He noted that he does not believe that they have misspoken to Town Meeting and he asked that Mr. LaMantia accept this as a good faith effort.

Mr. Wilkins agreed with Mr. LaMantia noting that he was assured there would be a maintenance plan and there is none but he fully expects the Town will accept serious responsibility for the facility.

Chairman McManus stated that we need to get the contracts out. He noted that he and Mr. Merriam have itemized some things and will come back to the Board with maintenance estimates.

Mr. Cole also agreed with Mr. LaMantia noting that absent a minimum figure, even a nominal one, there is no incentive for the Junior Theater to put on fee-required events and there should be a requirement for them to do so.

Mr. Wilkins moved to accept the lease as presented at the Monday, July 13, 2009 Board of Selectmen meeting as amended by the Town Administrator. Mr. Ballantine seconded the motion and the motion carried by a unanimous vote.

NEW BUSINESS (Continued)

E. Housing Program Manager discussion

Ms. Balmer and Mr. Ryan took questions from the Board. Mr. Wilkins moved to put out a Request for Proposal to develop a program to manage the Town’s affordable housing initiatives. Mr. Ballantine seconded the motion and the motion carried by a unanimous vote.

F. Priorities for Non Resident Taxpayers meeting

The Board agreed to postpone this item until next week.

G. Interview Committee recommending appointment to the Conservation Commission

Mr. Ballantine moved appointment of Bradford Chase to the Conservation Commission. Mr. LaMantia seconded the motion and the motion carried by a unanimous vote.

SELECTMEN'S REPORT

A. Report from Waterways Committee liaison

Mr. LaMantia, as liaison, confirmed for the Waterways Committee a general direction for going forward in the management of Harwich’s harbors, other boat related facilities and waterways as well as the goals to work toward in the next 2 budget years (see attached).

The Board agreed that Mr. LaMantia could convey to the Committee that they support the general direction as laid out by Mr. LaMantia.

Mr. Wilkins moved to extend the meeting for 20 minutes. Mr. Cole seconded the motion and the motion carried by a unanimous vote.

B. Begin review of Harbor Management Plan and Marine Schedule

The Board took no action on this item.

TOWN ADMINISTRATOR'S REPORT

Mr. Merriam delivered the following report to the Board:

I received positive feedback on the visit on July 9^th from the Lt. Governor and his Municipal Cabinet. Harwich can be proud of both the new Police Station and the Community Center. It was nice to show the State Officials sampling from four local restaurants thanks to Sandy Davidson. Thank you for attending and participating in this event.

Dave Ryan and I heard a webinar from Mass Development and the Department of Energy

Resources on filing a Clean Renewable Energy Bond application by August 4^th with the IRS.

CVEC will file the application in our behalf if we agree to sign the exclusivity agreement for 180 days at your 7/13 meeting, (see attached CREBS FAQs and sample application).We will include the Weston and Sampson financial analysis of CVEC vs. independent financing in your packets as soon as it is received.

Police Station Building

The Building Committee voted to extend CMS's Project Manager contract an additional 3 months until October 31, 2009. Jim Byrne has agreed to complete the project with no additional billing for an additional 3 months, except for any legal or disputes between the designer, contractor and Town (see amendment). We can anticipate a Temporary Occupancy Permit issued by July 13^th and Substantial Completion declared approximately September 19^th. We will still have demolition and contaminated soil removal, landscaping, punch list and retainage to address. I signed the Demolition Permit application for the Old Police Station on July 7^th. The Building Committee has just discovered that there may not have been properly abated asbestos and have retained a consultant to evaluate that issue.

The public grand opening for the new Harwich Public Safety Facility is scheduled for Saturday, October 17, 2009 starting at 11:00 A.M. More information will be coming in the next few weeks. Please pass the word! William A. Mason, Chief of Police

Barry Worth, Bob Marshall and I met with Luke Hinkle from Brewster, who owns My Generation Energy, Inc. Luke is putting a proposal together to lease two acres of the Landfill Cap area to place solar panels. He has suggested he would pay $5,000-$10,000 per acre for a 15 year lease. He would then sell the power to a Neighborhood Net Metering for 2 cents above NStar's rate for anyone wishing to purchase green energy.

Building Commissioner's Office

As we discussed in our meeting I am writing you, and posting for the public, that for the foreseeable future the window will be closed between the hours of 1:00 and 2:00 pm. As I indicated in our meeting it is hoped that this will facilitate training of Stacey and allow the Head Clerk to catch up following FY'09. I will continue to monitor and adjust as required.

Chatham Shared Services

The Harwich Subcommittee met with Paula Champagne and Stan Kocot on July 7^th to explore Health services provided both locally and regionally. The Chatham/Harwich Committee met on the 8^th to further discuss opportunities for sharing and enhancing health related services.

Please note that Recreation Director Eric Beebe wishes to fill the 14 hour Program Specialist which is budgeted (a reduction from full time position when Jeff Carter was Director) and Geoff Larsen wishes to fill the position of Local Inspector for 7 hours per week. I believe that both positions are justified with minimal hours.

I just received a call from Brian Widegren in response to my request for an update on the negotiations. He reported that he has been replaced by new counsel from Greenfield, MA who yesterday, without Brian's knowledge, filed an adverse possession claim against the Town in the Land Court for adverse possession and recorded a lis pendens against the property in the Land Registry. I was able to locate the recording from the online registry service. Did the Town receive notice? The affidavit recites that notice was given, however it cites April of 2007 which I assume is incorrect. This obviously changes the direction of this matter. I suggest that we have a further session with the Board to discuss. I'm away next week. Mike

I wanted to let you know that Rick Alward was scheduled to be on vacation this week, but

came in the last 3 days to get the Community Center cleaned up for the Lt. Governor's visit.

The following is a list of activities that Rick, Chris Giffee, Mike Bryda, 2 DPW summer

employees, 2 kids from Nauset Workshop and Dave Wrightington have done over the last 3

Stripped + waxed floors in the multi purpose room, touched up painting

Weeded and mulched all rose beds

Cleaned grout in restrooms

All floors were cleaned and vacuumed swept parking lot, sidewalks

Rick deserves accolades for forfeiting 3 days of vacation and for his hard work on this

Green Communities Act

Director Mark Sylvia met with Paul Niedzwiecki and Maggie Downey yesterday re: whether Cape towns would file individually or as a region. Maggie wants to discuss it again with Managers next Wednesday as the State wants individual communities to file applications.

Mr. Wilkins moved to adjourn at 11:01 p.m. Mr. Cole seconded the motion and the motion carried by a unanimous vote.

Respectfully submitted,

Ann Steidel Recording Secretary