Town of Harwich Massachusetts - Minutes

SELECTMEN’S MEETING

GRIFFIN ROOM, TOWN HALL

MONDAY, JULY 27, 2009

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

OTHERS PRESENT: Assistant Town Administrator Nan Balmer, David Ryan, Gerry Loftus, Linc Hooper, David Spitz, Amy Liang, Valerie Foster, Richard Thomas, Alan Atkinson, Peter DeBakker, and others.

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

Chairman McManus reported that the Board had just come out of Executive Session for the purpose of discussing real estate matters, contract negotiations and litigation.

1. June 22, 2009 Regular Meeting

2. June 29, 2009 Regular Meeting

3. July 13, 2009 Executive Session

B. Rescind re-appointments:

1. Bob Johnson to the Conservation Commission

2. Chris Harlow to the Youth Services Committee

C. Accept resignation of Barry Springer from the Traffic Safety Committee

D. Appoint Harwich Historical and Historic District Commission

E. Vote to hold public meeting on Fee & Rule Adoption Policy for August 10, 2009

F. Vote to hold public meeting on for Policy for Award of Contracts for August 10, 2009

G. Vote to approve FY 2010 VNA Contract

H. Request from Historical Society to close section of Parallel Street for the Farmer’s Market

Mr. Cole moved to approve the Consent Agenda and take the appropriate actions thereto. Mr. Wilkins seconded the motion and noted that he would be abstaining from voting on the minutes of June 22, 2009. Chairman McManus read the Consent Agenda into record. The motion carried by a unanimous vote with the exception of Mr. Wilkins abstaining from Item A1.

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

A. Public Hearing – Transfer of Annual, Common Victualler, All Alcoholic Beverages License from Taste of Orient, Inc. d/b/a Noble House to Shogun, Inc. d/b/a Noble House

Mr. Wilkins read the hearing notice into record. Chairman McManus opened the Public Hearing and noted that the Police Department has no objections to the transfer of the license. Peter Lim, representing the new owner, Amy Liang, explained that this application is for a change of ownership and there will be no changes to the operation. He noted that Amy Liang will be the new manager. With no comments from the public, Mr. Cole moved to close the Public Hearing. Mr. Wilkins seconded the motion and the motion carried by a unanimous vote. Mr. Cole moved to approve the license transfer as applied for. Mr. Wilkins seconded the motion and the motion carried by a unanimous vote.

B. Public Hearing – Proposed amendment to Harbor Management Plan regarding Refund Policy

Mr. Wilkins read the hearing notice into record. Chairman McManus opened the Public Hearing. Mr. LaMantia asked to hold on the hearing to see if a representative of the Harbormasters Office or Waterways Committee arrives. Chairman McManus recessed the hearing temporarily.

C. Planning Board to discuss Local Comprehensive Plan

Mr. McCaffery reported that the Planning Board is in the process of developing a 2010 Local Comprehensive Plan. He explained that they initiated the process by creating a Vision Statement which they plan to publicize in the newspapers. He noted that they are sending out a questionnaire to committees, boards, departments and other towns asking for input and there is a Public Meeting scheduled for August 25. Mr. McCaffery took questions and comments from the Board.

Chairman McManus returned to the Public Hearing on the proposed amendment to the Harbor Management Plan. With no one present from the Harbormaster’s Office or the Waterways Committee, Mr. Cole moved to continue the Public Hearing to August 24^th. Mr. LaMantia seconded the motion and the motion carried by a unanimous vote.

A. Non-Resident Taxpayers Agenda (8/10/09)

The Board agreed that there should be short list of specific areas of discussion which should include items such as beach nourishment, schools and regionalism. The Board agreed to give Chairman McManus their top choices for discussion.

A. Trail Committee recommendation to naming of the trail at the Texiera Property

Mr. Cole moved to approve the request from the Trail Committee to name a new loop trail at the Texiera Property the Frances Worrell Loop Trail. Mr. Ballantine seconded the motion. Chairman McManus explained that Mr. Worrell founded the Trail Committee and chaired it for many years. He commented that it was Mr. Worrell’s spirit that started us on the way to a very comprehensive trail system. The motion carried by a unanimous vote.

B. Vote to award Contract for Painting of Brooks Academy to Luddy Painting

Mr. Cole moved to vote to award the contract for painting of Brooks Academy to Luddy Paint and Wallpaper store. Mr. Ballantine seconded the motion and the motion carried by a unanimous vote.

C. Vote to award Contract for foundation work at Harwich Center School to B & B Houselifting

Mr. Cole moved to vote to award the contract for foundation work at Harwich Center School to

B & B Houselifting. Mr. Wilkins seconded the motion and the motion carried by a unanimous vote.

D. Approve request from TowerCo Assets LLC for Consent to Sublease

Mr. Cole moved to approve the request from TowerCo Assets LLC for Consent to Sublease. Mr. LaMantia seconded the motion and the motion carried by a unanimous vote.

E. Vote to sign letter of support for OpenCape Corporation

Mr. Wilkins moved to sign the letter of support for Open Cape Corporation. Mr. LaMantia seconded the motion and the motion carried by a unanimous vote.

F. Green Community Grant application

Ms. Balmer explained the requirements in order to be eligible for funds under the Green Communities Grant as follows:

1. Provide for as of right siting for one of three types of renewable or alternative energy projects: 1) Energy generating facilities, or 2) Research and development facilities, or 3) Manufacturing facilities in designated zones in the town. As of right zoning by-laws can include appropriate standards that protect public health and safety and require reasonable environmental standards but otherwise remove the town’s discretion to deny an application. The zoning by-law on large scale wind generation passed at Harwich Town Meeting does not qualify under this criterion because it requires the Town approve a Special Permit.

2. Adopt an expedited application and permitting process for siting the above 3 categories of energy facilities under MGL 43D. Approvals must occur within (1) year or are deemed constructively approved.

3. Establish an energy use baseline using approved software for municipal buildings, vehicles, and lighting and reduce energy use baseline by 20% within 5 years. To meet this requirement, a community must have already implemented a program to reduce the baseline within the previous 24 months.

4. Purchase only fuel efficient vehicles for municipal use whenever such vehicles are commercially available. Heavy duty vehicles are exempt as well as police cruisers until fuel efficient models are commercially available. The town has over a dozen non-exempt vehicles for which it could create a schedule for replacement with fuel efficient vehicles.

5. Require all new residential and commercial construction over 3,000 square feet minimize life cycle costs of energy and water. To meet this requirement, the Town would adopt the BBRS “stretch code”, a new appendix to the MA Building Code. Building Commissioner Geoff Larsen identified an instructor at the Lower Cape Technical School who will advise the town on the impact of adopting the code.

Ms. Balmer noted that staff at the DOER indicated to her that they intend to be liberal with the guidelines.

Chairman McManus stated that a number of these items are beyond the Board’s ability to commit to with any certainty. He stated that he discussed this with Mr. Merriam and they determined that applying for a planning grant to help us analyze and develop ways of potentially implementing these items would be better. Mr. Ballantine commented that this is a heavy-handed approach and he questioned whether we have the resources to run the software and programs. He stated that he would like to get more data on it.

Mr. LaMantia stated that if the State intends to be liberal with the guidelines then we need to know exactly what is required of us in writing. He stated that we should not commit upfront to this language and he commented on the State’s history of reneging on funding such as they did with the Quinn Bill.

Mr. Cole stated that if we do submit the application and we find it is difficult to meet the requirements, there is no downside other than we don’t get the money. He disagreed with Mr. Ballantine that this is a heavy-handed approach.

Mr. LaMantia pointed out that building codes are State mandated and the State could mandate this if they thought it was good for us. He added that there is no guarantee that these construction materials are readily available. He stressed the need to get the language clarified.

Chairman McManus noted that the money we could get could be significant and if the documents are not explicitly clear, we can turn down the grant.

Mr. Cole moved to vote to authorize the Chairman to sign a letter of commitment on behalf of the Town to work to meet the 5 Green Communities Act Criteria within one year if the Town is approved for Green Communities planning assistance. Mr. Wilkins seconded the motion. Ms. Balmer stated that it is significant whether they vote to meet the criteria or vote to work to meet the criteria and she referred to her revised recommended action which is to vote to meet the criteria based on guidance she got from the DOER. Mr. Ballantine pointed out that this indicates they have actually tightened rather than loosened the regulations. Mr. Cole stated that it is his understanding that we are committing to meet the requirements if we are approved, then we would know what the criteria is. Ms. Balmer confirmed Mr. Cole’s understanding of the commitment and Mr. Cole amended his motion to remove the words “to work.” The motion carried by a 3-2-0 vote with Mr. LaMantia and Mr. Ballantine opposing the motion.

G. Vote to approve fee waiver request for American Dream Project

Ms. Foster, Executive Director of the Housing Authority, requested that the Board waive all application, permit, inspection and other Building Department fees related to the construction of affordable housing on the following lots: 13 Haromar Heath, 7 Old Campground Road, 754 Depot Street, and 109 Sisson Road under the Harwich American Dream Program.

Mr. Ballantine moved to waive the building permit and inspection fees for the properties and buildings involved in the American Dream Program. Mr. LaMantia seconded the motion and the motion carried by a unanimous vote.

H. Vote to advise the Housing Committee and Housing Authority of the proposed expenditures from the Affordable Housing Fund

The recommended action submitted by Ms. Balmer read as follows:

Vote to authorize the Town Administrator to inform the Housing Authority and Housing Committee that at its August 31, 2009 meeting, the Board will consider authorizing the expenditure from the Affordable Housing Trust Fund of up to $20,000 annually to pay for legal and related expenses required for the Town’s affordable housing program and up to $10,000 annually for a Housing Program Manager for a total annual expenditure of $30,000.

Ms. Balmer noted that the date of August 31, 2009 should be changed to August 24, 2009.

Mr. Cole moved to vote to approve the recommended action as amended. Mr. Wilkins seconded the motion and the motion carried by a unanimous vote. Chairman McManus requested that Mr. Ryan provide the Board with a list of encumbrances and actual expenditures from the fund at their August 24^th meeting.

I. Pedestrian/Bike (Multimodal) Lane along Long Pond Drive proposal

Mr. Hooper explained the proposal to widen Long Pond Drive in the resurfacing project to provide a five foot wide path along one side of the road for pedestrian and bike travel using available traffic mitigation money. He further explained that the upcoming Route 137 TIP program will have two five foot multimodal lanes from the Brewster line to the Chatham line and the proposal includes that there be a pedestrian/bike link between the Route 137 multimodal lanes and the rail trail at Route 124. He estimated that to construct the proposed lane all the way between Route 137 and Route 124 would cost about $650,000 and that for $266,000, Long Pond Drive could be widened from Route 137 to Mashpa Road which would provide a basis for completing the widening to Route 124 at a later date as more funds become available. He stated that even with the Cape Cod Commission mitigation money, there would still be a shortfall of about $66,000 for the project up to Mashpa Road. Mr. Thomas spoke in support of the project.

Mr. Wilkins moved to authorize the Director of Highways to develop a project which includes a

multimodal lane on Long Pond Road between Route 137 and Mashpa Road. Mr. Cole seconded the motion and the motion carried by a unanimous vote.

TOWN ADMINISTRATOR’S REPORT

The following reports were submitted by the Town Administrator for the weeks ending July 17^th and 24^th:

Commonwealth Capital

Attached is the FY 10 Capital Policy from Governor Patrick and application, which I’ve forwarded to Dave Spitz. The application is due August 15^th.

I have also received your phone message to the help line about the email bounce. Both Kurt Gaertner and I get those emails, and the phone line. His email is bouncing but I am getting mine. Thank you for the call.

YES, the date is correct for the submission of the FY10 Commonwealth Capital application required with the LAND grant application that recently closed on 7-15. It is not “30 points” but “30%” of the total score for the grant with the grant application score making up the other “70%” of the total score for Harwich for its LAND grant application.

The Commonwealth Capital applications AND the grant rounds both are specific to fiscal years. The Commonwealth Capital changes (sometimes slightly as between FY09 and FY10) to reflect Administration priorities. ~Although you just completed one in March, it should be relatively easy to complete the FY10 one. Note: If electronic files were submitted to document compliance with the criteria last fiscal year (FY 09) these files should be referenced but need not be resubmitted with an FY10 application. You can cite basically the statement from the FY09 saying how the criterion was met. You can access the FY09 and save the PDF file.

The commitments from the previous application gives the option of a bonus point if they were “acted upon” and yes sometimes due to the timing that action has not reached completion yet so there is no bonus point.

However, at any time during the year, you can request an amendment if a commitment is completed or because another action is taken that would qualify for additional points. Of course this will not necessarily help you with the “grant” you applied for that was already awarded but would help to any other grants applied for in that fiscal year (that also require a Commonwealth Capital score).

Jane Pfister, (on behalf of Commonwealth Capital)

Following up on our phone conversation from Monday, MetroPCS will pay an initial monthly rent of $2,200. ~Therefore, the Town of Harwich’s 50% revenue share will initially be $1,100 per month.~ I will look forward to receiving back from you the signed consent letter I sent you on May 20^th following the Board of Selectmen’s meeting on July 27^th.

Real Estate Director

Verizon overcharge (Good work by Foster)

We have received a credit from Verizon for $38,625.78 due to our lines being incorrectly charged for unlimited service instead of the measured service that we contracted for in 2003.~ This error was discovered as part of the study being conducted by LCN (Mike Lieb and George Walsh) on our communication infrastructure.~~ This credit will be available to offset Verizon landline costs (not wireless) effective with our next billing. - Foster.

Milton Brown has offered to give the Town of Harwich his office furniture as he relocates his insurance business from Cobblestone II building in South Dennis to his home. Chairman McManus and I examined his furniture and recommend that you vote to accept said gift.

Thanks to Pat Stackhouse and Bob Doane who organized a small group of volunteers to clean/ spruce up the Harwich Center School (former Rec Building) this past week.

Blue Cross Working Deposit

At this time BCBSMA will need to keep the remaining deposit of $14,906.80 on hand should any significant claim come in over the next 12 months.~ While I appreciate that the union may want to settle on the Trust Fund Balance, the agreement between Town of Harwich and BCBSMA states that the deposit will be maintained for up to 24 months following the cancellation of groups.~

I will again note on my calendar to look at this with the Underwriter in August and we may be in a better position to release a small amount for the deposit.~ Suzanne

Inter-municipal Agreements

Hi Bill. The Chatham/ Harwich Regional Resource Sharing group met last week and I offered to contact you with regard to developing a master Inter-municipal Agreement where we could add services whenever we thought it would be mutually beneficial. For example, I’ll be currently recruiting for a Local Building Inspector for less than 10 hours per week and a Recreation Program Specialist for 14 hours per week. You may per chance have PT employees who would be happy to pick up a few extra hours per week. Attached is an example of an inter-municipal agreement that Nan found on the Pioneer Institute website. Let me know if this is anything you wish to explore further. Jim

Commonwealth Wind: Community-Scale Applicants

Thank you for your application to the Renewable Energy Trust’s Commonwealth Wind Incentive Program: Community-Scale. We regret to inform you that your request for funding has not been approved. The Trust received 9 Design & Construction proposals under this competitive grant solicitation requesting nearly $5.8 million in Trust funds. The number of proposals exceeded the available funding for this round, and the level of competition was exceedingly high. ~

If your project meets the program’s minimum technical requirements, we encourage you to consider applying for future rounds of funding. Representatives from the Commonwealth Wind team will be available to discuss your application and reasons for our decision, upon request. Please feel free to contact Tyler Leeds at leeds@masstech.org or (508) 870-0312 x 1273 to schedule a discussion.

You should receive formal notification via regular mail within the next few weeks confirming this decision. Many thanks for your continued interest in renewable energy.

Massachusetts Renewable Energy Trust

(According to Mike Hanlon, Stephen Wiehe will inquire re: resubmitting for Block 2 next month)

Mrs. Klammer called to say how thrilled she was to hear that the Board of Selectmen had named the Police facility in John Raneo’s honor. She conveyed various fond memories of his service to the Town including acts of bravery. I urged her to put those memories to paper and send them to our office for posterity. We do have a new trophy case for displays in the new Raneo Police Station.

CVEC advisory re: Water Dept. land for wind turbine

(I have provided Craig Wiegand a copy for the Water Commissioners)

I am following up our conversation at the end of the meeting yesterday when you asked me what steps were necessary in connection with a potential CVEC development of the Harwich wind project in light of the fact that the site is under the control of the Water Commission.~ In general terms they are as follows:

1) The Water Commission must lease the site to the Town for a term coterminous with that which the Town would lease the property to the CVEC (25 years), referencing the right to construct whatever number of wind turbines is desired and to operate, maintain, repair and replace the same;

2) the Water Commission lease must preapprove the Town's assignment of all its lease rights to CVEC; and

3) the Water Commission must also grant the right of the holder of the lease rights (i.e. CVEC) to further assign its rights for financing purposes, including allowing the holder of any mortgage, loan or other bond to step in and operate the projects in the event of a default by CVEC.

I hope this is helpful.~ Obviously, more precise language would need to be drafted after a review of the organic authority of the Water Commission.~ This should give an idea of the general terms of the Water Commission/Town lease.~ And, as I mentioned yesterday,~once the Board of Selectmen have gained the lease rights, we believe they may enter into the various agreements required by CVEC (i.e. a Host Community/Lease Agreement and Net Metered Power Purchase Agreement) in the form of Intergovernmental Agreements which will not require Town Meeting approval.

Let me know if you have further questions.~ I know Erin is trying to connect with John Giorgio to make sure he agrees with our view of the required steps. - Jeff Bernstein- CVEC Attorney

Opinion from John Giorgio

The Water Commission is not a separate body politic and corporate from the Town.~ It is, however, by virtue of section 6-6 of the Charter and c. 165 of the Acts of 1935, a separately elected board with independent powers. The Act provides that the Water Commission maintains custody and control of water department land, although the land is still owned by the Town of Harwich. ~The water department budget is, of course, appropriated each year by the Harwich Town Meeting.

My understanding from reviewing the LOI is that the Town and CVEC will enter into a long-term power sales agreement and an intergovernmental land lease for wind turbine projects.~ Since the Town will need town meeting authorization to enter into a long term power sales agreement, my assumption was that we would also seek town meeting authorization at the same time to authorize a lease of town land to the CVEC.~ Given the fact that the Water Commission has control over town land held for water purposes, we may simply want to structure the vote whereby the Water Commissioners are authorized to lease the land to the CVEC and the Town is authorized to enter into the power sales agreement.~ One issue to consider, however, is that, according to the latest draft of the LOI, CVEC will be making a $50,000 annual payment to the Town under the lease agreement. Are you assuming that the annual lease payment would be general fund money or enterprise fund money?

There is also an additional consideration that should be addressed.~ It is important that the town meeting vote and the deed acquiring the land that will be leased to the CVEC be reviewed to determine whether there are any Article 97 issues that need to be addressed as part of this transaction.~ - John

Saquatucket boat ramp

Just checking in with you about the boat ramp project.~ It looks like we are finally ready to go to construction.~ I am ready to advertise for construction this fall.~ Actual work to commence around the beginning of September 2009 (completion end of November 2009).~ Please let me know if you have any concerns or issues. - Douglas H. Cameron, Assistant Director, Deputy Chief Engineer

The FinCom met on July 21^st to approve various Reserve Fund Transfer requests totaling $101,014.02. They were for the Town Accountant’s Office, Bulk fuel, Police, Fire, Natural Resources, Highway, Street Lights, Harbor and Unemployment.

Cranberry Valley Golf Course legislation

I received a call from a staff member at the Executive Office of Environmental Affairs to gather additional information before our Bill goes to hearing which would authorize the transfer 1,501 square feet of land at the 16^th tee under Article 97 of the State Constitution.

The Board requested that Ms. Balmer find out what criteria were used to review the applications for the Renewable Energy Trust’s Wind Incentive Program grant as well as what the scoring was.

SELECTMEN’S REPORT

A. Annual Meetings with the Board of Selectmen – set schedule

Chairman McManus explained that the schedule to meet with committees has been set and we will be sending them a letter asking them to prepare their accomplishments of the preceding year in writing and to be prepared to only discuss their plans for the coming year. Mr. LaMantia requested to move the meeting with the Golf Committee as he will not be present for the October 26^th meeting. Mr. LaMantia and Mr. Wilkins both noted that they would not be present for the November 2^nd meeting.

B. Selectmen’s Goals – Reports

Mr. Ballantine moved to appoint Amy Morris to the Conservation Commission. Mr. LaMantia seconded the motion and the motion carried by a unanimous vote.

Chairman McManus noted that he had received e-mails from Mr. Merriam regarding some discussion between other Board members about an article in the Cape Cod Chronicle regarding Cranberry Valley. He commented that it made him uncomfortable that this was done outside of a public meeting and therefore he was entering the e-mail into the Board’s correspondence. He noted that this should be scheduled for a brief discussion at a future meeting.

Mr. Cole moved to adjourn at 9:20 p.m. Mr. Wilkins seconded the motion and the motion carried by a unanimous vote.

Respectfully submitted,