MINUTES
SELECTMEN’S MEETING
GRIFFIN ROOM, TOWN HALL
MONDAY, AUGUST 10, 2009
7:00 P.M.
SELECTMEN PRESENT: Ballantine, Cole, LaMantia, McManus, Wilkins
OTHERS PRESENT: Town Administrator James Merriam, Assistant Town Administrator Nan Balmer, Chief Flynn, Chief Mason, David Ryan, Foster Banford, Tom Leach, Eric Beebe, Barbara-Anne Foley, Anita Doucette, Kevin Turner, Heinz Proft, Lincoln Hooper, Carolyn Carey, Gerry Loftus, John Prophet, Richard Waystack, Bernie Meggison, Eileen Connell, Lewis Georgantus, William Hendricks, Bill Reilly, Mahendra Patel, 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 for the purpose of discussing real estate negotiations.
PUBLIC COMMENT/ANNOUNCEMENTS
Lewis Georgantus of 6 Pine Needle Lane stated that a petition was filed at the Town Clerk’s office today with approximately 145 signatures requesting to restore and maintain Public Beach 22 at the end of Beach Road. He read the petition to the Board. Chairman McManus stated that the Board will take the matter up at their next meeting. He added that the Board has assigned staff to do survey and legal work and they take this issue seriously.
A. Unserviceable Flag Box Donation by AmVets Post 333
Commander John Connell of the Cape Cod American Veterans Post 333 asked the Board to accept an Unserviceable Flag Box honoring the veterans of Harwich to be placed in an indoor site so that old, torn and used flags can be retired respectfully. Chairman McManus thanked Commander Connell and noted that the flag box would be positioned in an appropriate place in Town Hall.
NON RESIDENT TAXPAYERS MEETING
Mr. Merriam gave a brief update on the state of the Town’s finances, affordable housing and regional efforts. Mr. Ryan spoke on the refinancing of debt and the bond rating. Mr. Scannell and Ms. Parkhurst discussed quarterly taxes.
Chief Mason reported on the new Public Safety facility.
Mr. Leach reported on shellfishing, dredging and beach nourishment projects. Mr. Hooper discussed improvements in the conditions of the beaches.
Mr. Turner reported on the improved test scores at the schools.
Mr. Wiegand described the new Emergency Alert System.
The department heads and Board took questions and comments from the public.
CONSENT AGENDA
A. Approve minutes:
1. July 22, 2009 Regular Meeting
2. July 27, 2009 Executive Session
B. Approve American Lung Assn. 25th Annual Autumn Escape Bike Trek
C. Approve recommendation of the Conservation Commission to appoint representatives for the Community Preservation Committee, Trails Committee and Water Quality Task Force
Mr. Cole moved to approve the Consent Agenda items A2 and C. Mr. LaMantia seconded the motion and the motion carried by a unanimous vote.
Mr. Wilkins moved to approve item A1. Mr. Ballantine seconded the motion and the motion carried by a 4-0-1 vote with Mr. Cole abstaining from the vote.
Regarding item B, Mr. Cole noted that there is a half marathon race on the following date and he asked that Mr. Merriam check to see that there is no conflict. Mr. Cole moved approval of item B on the Consent Agenda. Mr. Wilkins seconded the motion and the motion carried by a unanimous vote.
PUBLIC HEARINGS/PRESENTATIONS (7:15 P.M.)
A. Public Hearing – Application by Prisha Corp. d/b/a Value Mart, 435 Route 28, Harwich Port for a Seasonal, Package Store, Wine & Malt License
Mr. Wilkins read the hearing notice into record and Chairman McManus opened the hearing. Bill Reilly, representing Prisha Corp., explained that the applicant, Mahendra Patel, is seeking a seasonal beer and wine license in an effort to make their business stronger and give them a greater opportunity for success. He noted that Mr. Patel runs the business with his son, sister and brother-in-law and that he has a similar business in Halifax with a beer and wine license.
Chairman McManus noted that the Board has a memo from the Police Chief indicating that there is no reason not to award the license.
Mr. Cole noted that under #14 on the application a phone number is required where “100%” was written in. Mr. Reilly stated that he would call the Selectmen’s Office with the correct information.
With no one from the public appearing, Mr. Wilkins moved to close the public hearing. Mr. Ballantine seconded the motion and the motion carried by a unanimous vote.
Mr. Wilkins moved to approve the application for Prisha Corp. d/b/a Value Mart, 435 Route 28, Harwich Port for a Seasonal, Package Store, Wine & Malt License. Mr. Cole seconded the motion and the motion carried by a unanimous vote.
NEW BUSINESS
A. Discussion regarding the Cape Cod Claddagh noise complaint
Bernie Meggison of 29 Mansion Street stated that the noise from the Claddagh has gotten to be too much for the neighborhood to handle and asked for limitations to be placed on their licenses in an effort to reach a compromise. The following people spoke in support of Mr. Meggison’s remarks: Bob Doyle of 48 North Road, Susan Dubuque of 5 Mansion Street, Robert and Mary Albis of 77 Smith Street, Ira Mendoza and Judy Blatchford of 72 Smith Street, Alan Peralt of 73 Smith Street, and Gary Langille of 100 Route 28. An attorney for the owners of the Claddagh, Mr. and Mrs. Connell, spoke on their behalf.
Chief Mason reported that he has sent Police Officers to the area to do some observation and every time there was no audible sound after 8:00 p.m. Several employees and musicians spoke in support of the business and said the entertainment does end at 8:00.
Mr. Wilkins requested that Chairman McManus sit down with representatives from the disputing parties in an effort to resolve this matter in an amicable way. Mr. Cole agreed and urged compromise.
Mrs. Connell stated that they run a bed and breakfast as well and they do not have noise after 8:00 p.m.
Mr. Cole stated that the Connells should make a good faith effort to reduce the noise by perhaps using fabric or some other noise canceling technology to reduce the sound. Mr. LaMantia stated that this is a clear violation of the license which states that noise should not exceed the licensed premises and he stated that they should have an appropriate hearing on the license in the event there is no compromise.
Chairman McManus said he would endeavor to meet with the parties next week and do a further investigation and to see if there is a possibility of toning down the noise or to see if we need to schedule a license hearing. Mr. Wilkins moved Chairman McManus’ recommendation and Mr. Ballantine seconded the motion. The motion carried by a unanimous vote. Chairman McManus requested that the parties provide him with a list of those he should contact.
PUBLIC HEARINGS/PRESENTATIONS (Continued)
B. Public Meeting – Proposed Board of Selectmen Policy Amendments to Fee and Rule Adoption Policy
Mr. Wilkins read the hearing notice into record. Chairman McManus explained that the Board’s policy states that they must hold public hearing for a change in rules, regulations or rates and numerous times in the past it has been suggested that if another board holds a hearing to change their rates then that hearing should be sufficient and there should be no need for the Selectmen to also hold a noticed and advertised hearing. He noted that this extra hearing costs extra time and money on what is often a very routine matter. Mr. LaMantia recommended adding language to the policy to require that hearings be posted on the website. Mr. Cole recommended adding the word “Harwich” before the text “board, commission or committee” in the first line.
Mr. Wilkins moved to accept the policy with the editorial changes made by Mr. Cole and Mr. LaMantia. (See attached). The Board discussed with Mr. Erickson the comments he submitted on the policy. (See attached). The motion carried by a unanimous vote.
C. Public Meeting – Proposed Policy on Award of Contracts
Mr. Wilkins read the meeting notice into record. Mr. Merriam stated that we are trying to discern, based on the Charter, who should be awarding contracts and several Board members have requested to clearly identify, through a Board policy, that anything under $25,000 should be delegated to the Town Administrator and anything above $25,000 should go before the Board for approval.
Mr. LaMantia stated that the language should clearly identify that the total cost must be $25,000. Mr. Cole suggested speaking with the attorney at the Cape Cod Commission to see what their language is on this issue. The Board agreed to hold this item over for two weeks.
NEW BUSINESS (Continued)
B. Report on approvals for Affordable Housing Fund from Town Accountant
Chairman McManus requested that the Board review the report provided.
OLD BUSINESS
A. Maintenance Program for Harwich Center School Building
The Board took no action on this item.
TOWN ADMINISTRATOR’S REPORT
Mr. Merriam delivered the following report to the Board:
Open Space plan
Attached is the letter from the Office of Energy and Environmental Affairs with a conditional approval.
Wind Turbine grant denial –explanation from Tyler Leeds
Thanks for the email. If it would be helpful, I’m happy to have a more formal conversation. However, in the meantime, some of the key points in response to your questions:
(2) The project should meet the Program’s minimum technical requirements, however, given that the economics of the project will be reliant on net metering, which has not yet been finalized, we were not in a position to fund this or any other, net metering based project in Block 1.
(3) Formal notification went out in yesterday’s mail, so you should receive something then. We have also added you folks to the announcement list so that when we do post Block 2, you’ll be notified.~ Hopefully we’ll have better clarity around net metering at that point.
I hope this is helpful. Certainly if you do have additional questions or would like to discuss further, please let me know. Many thanks, Tyler
Barry, Nan and I met with Maggie Downey who indicates that Tyler wants CVEC to re-apply for the second round next Fall with a December award. Maggie will contract with Weston and Sampson for precise siting for the turbines prior to commencement for public hearings. John Giorgio has opined that we’ll need a STM to pass articles for both the Elementary School solar panel and wind turbines. Maggie has provided copies of documents for signing after TM votes are secured. COOP net metered power purchase agreement, site access agreement, general terms and conditions and site description. Stephen Wiehe has provided us with a memo and spreadsheet on development options. See attached.
Update from Bob Nunes re: Authorization to borrow for Dredging and State Assistance for Allen Harbor
The Municipalities Committee has yet to report out the municipal relief legislation.~ I understand it may be around Labor Day.~ It is my understanding that the dredging provision will be part of the final package.~ I have forwarded the attachment to Lieutenant Governor Murray. See attached written by John Bologna. - Bob
Affordable Housing
We received one proposal from HECH to construct 5 residential units plus a management office at Sisson Road and 12 units at Bells Neck with 4 units each in the West Harwich School and 2 new buildings.
Police Station Project
The Building Committee and I have approved CO # 11 in the amount of $17,446 for various items. Demolition should start next Monday.
Norm Gill
I met with Norm and Sid Chase regarding Norm’s pending retirement on Sept. 1st. Sid wanted to assure us that he and Ed will cover the office on Monday afternoons, Wednesday mornings, Thursday afternoons, and Tuesdays and Fridays by appointment. Sid can be reached anytime through the Hyannis office at 1-888/ 778-8701. Sid hopes to hire a replacement by mid October either part time or combined full time with another p.t. position. Norm will follow up on the 40 current cases.
5 Year Plan/ FY 10
The Finance Team met on August 6th to review the FY 10 budget and the 5 year plan. We have a proposal to submit for balancing FY 10 which we’ll bring to the BOS budget subcommittee. I indicated to the CC Times that your Board will deliberate whether to support the Hotel/ Motel and Meals taxes after we complete and submit the 5 year plan.
Capital Outlay Committee
The Fire Department and Recreation Commission submitted and presented their requests on Thursday. The Capital Outlay Committee has scheduled Police, Golf and Waterways for August 20th.
SELECTMEN’S REPORT
A. Review and approve Annual Committee Meetings
The Board agreed to accept the schedule of Committee Meetings as written.
B. Selectmen’s Goals – Reports
The Board took no action on this item.
C. Discuss Liquor and General License Fee Review
Chairman McManus stated that liquor and general license fees need to be reviewed and he recommended authorizing staff to do a survey of neighboring towns.
ADJOURNMENT
Mr. Cole moved to adjourn at 11:02 p.m. Mr. LaMantia seconded the motion and the motion carried by a unanimous vote.
Respectfully submitted,
Ann Steidel
Recording Secretary
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