MINUTES
SELECTMEN’S MEETING
GRIFFIN ROOM, TOWN HALL
MONDAY, SEPTEMBER 21, 2009
7:00 P.M.
SELECTMEN PRESENT: Ballantine, Cole, LaMantia, McManus, Wilkins
OTHERS PRESENT: Town Administrator James Merriam, Chief Mason, Chief Flynn, Deputy Chief Clarke, David Ryan, Paula Champagne, Tom Leach, Ray Jefferson, Lee Culver, Deb DeCosta, Barry Worth, Murray Johnson, and others.
MEETING CALLED TO ORDER at 7:00 p.m. by Chairman McManus.
CONSENT AGENDA
A. Minutes – September 8, 2009 Executive Session
B. Appoint Barry Worth as Harwich’s representative to the Cape and Vineyard Electrical Co-op
C. Approve Requests for assistance from the Caleb Chase Fund
1. Case #1
2. Case #2
D. Approve nomination of Janet Bowers as the Recreation & Youth Commission’s representative to the Community Preservation Committee
Mr. Cole moved to approve the Consent Agenda and take the actions pertinent thereto. Mr. Wilkins seconded the motion and the motion carried by a unanimous vote.
PUBLIC HEARINGS/PRESENTATIONS (7:15 P.M.)
A. Annual Reports to the Board:
1. Police Station Building Committee
2. By Law and Charter Review Committee
Ray Jefferson provided the annual report of both the Police Station Building Committee and By-Law Charter Review. Chairman McManus thanked Mr. Jefferson and the members of the Police Station Building Committee for doing a spectacular job in overseeing the project. Mr. Jefferson reported that the opening ceremony and ribbon cutting will be held on October 17th.
B. Presentation on the Harbors and Marine Facilities Report
John Bologna and Roy Okurowski of Coastal Engineering provided a Power Point presentation of the Town of Harwich Harbors and Marine Facilities Analysis Report dated August 19, 2009 which is on file in the Selectmen’s Office. At Mr. Cole’s suggestion, the Board agreed that a tour of the facilities would be helpful and requested that Mr. Merriam make the arrangements.
OLD BUSINESS
A. Amendment to the Harbor Management Plan regarding Refund Policy – vote to approve
The Board discussed the need for further clarity in the document after which Mr. Johnson suggested inserting “(2/3 of the annual fee)” after items 2 and 3. Mr. Ballantine moved to accept the proposed amendment to the Harbor Management Plan section regarding Refund Policy with the language added as suggested. Mr. LaMantia seconded the motion and the motion carried by a unanimous vote.
NEW BUSINESS
A. Planning Assistance Grant from Green Communities – vote to accept
Mr. Wilkins moved to accept the Planning Assistance Grant from the Green Communities Program. Mr. Cole seconded the motion.
Mr. LaMantia stated that the acceptance of this grant would bind us to the requirements, meaning we are changing the way we do a number of things including the way we buy our vehicles, which he said was fine as long as somebody has calculated any short term benefits or costs to that situation.
Mr. Ballantine requested to track the staff time involved in this, so that if we reach a point where we say the expenditure is not worth the reward, we have a chance to assess that.
Mr. LaMantia commented that he doesn’t know what the benefit is to the Town or how the Town could get out of it.
The motion carried by a 3-2-0 voted with Mr. LaMantia and Mr. Ballantine in opposition.
B. Jenkins Bog Lease – discuss and possible action on rescinding the lease
Chairman McManus read a letter from Mr. Alan Hall indicating that he would like to terminate the lease he has with the Town for the Jenkins Bog. Mr. Wilkins moved to accept Mr. Hall’s rescinding the lease and authorize the Town Administrator to put out a new RFP. Mr. Cole seconded the motion and the motion carried by a unanimous vote.
C. HEA request to talk about concerns with the Board of Selectmen – discussion
Chairman McManus reported that he had a brief conversation with HEA President Rain Ryder about whether they had intended this discussion to be about a specific item to be held in Executive Session or if their interest would be for a more general conversation in open session. He noted that Mr. Ryder indicated that they would prefer it to be a meeting held during the day. Mr. Wilkins stated that based on his experience, if you are going to meet with an association that is going to have an attorney representing them, then that has to do with contractual issues which should be discussed in Executive Session with Town Counsel present. Mr. LaMantia suggested that Chairman McManus go back and ask what the agenda is to make the proper determination as to how it should be addressed and Mr. Wilkins
concurred.
D. Letter from David P. Twomey regarding dockage recalculation – discussion
Mr. Leach explained that Mr. Twomey, who has been a customer since 1981, had written a letter questioning whether we had the right to send out a dockage recalculation bill after the original bill was already paid. He noted that they re-measured all the boats in the harbor this year and realized that there were quite a few boats that were measured incorrectly so they re-billed everyone. Mr. Leach noted that their intention to re-measure the boats was posted on their website. He stated that they recovered about $6,000 in dockage fees and Mr. Twomey’s bill amounted to $435.
Mr. Twomey stated that his attorney has told him that the Town was not within its rights to do this. He stated that he has no objection to the new measurement but the calculation should be in the fee for the 2010 season and not in the middle of the dockage season. He stated that his position is that a contract exists with the Town as a bill was sent and both preliminary and final payments were made. He noted that the boat has been in the harbor since May of 2004 and Mr. Leach could have measured the boat at any time.
Mr. Cole noted that the notice was not posted until after the fees were due. He recommended getting advice from Town Counsel on whether or not this is a contract. Chairman McManus commented that he believes this should have been applied to next year’s fee.
Chairman McManus stated that they will refer this to Town Counsel to determine whether or not this is a contractual issue. He stated that he doesn’t think this is an issue of whether or not there is a contract but rather the issue is whether it is fair.
TOWN ADMINISTRATOR’S REPORT
Mr. Merriam delivered the following report to the Board:
FY 10 Supplemental Budgets
After meeting with representatives from the School Committee and Finance Committee, the Selectmen’s Budget Subcommittee offers the following budget proposal for the November 12th STM.
Regional Fire Study
I met with Brewster Town Administrator Charlie Sumner and learned that Orleans is not intending to have a Fall STM, so we are recommending that Brewster, Chatham, Orleans and Harwich seek funding at the Annual Town Meetings next Spring.
Designer Selection Procedures
Attached is the Inspector General’s procedures for designer selection for your consideration.
Press Conference
Michael Hickey from the Mass Division of Marine Fisheries has announced that Secretary of Energy and Environmental Affairs, Ian Bowles, will conduct a press conference on Monday, Sept. 21st at approximately noon at Jackknife Beach to announce the award of grants to 55 Fishermen who were adversely impacted by the Red Tide. (We have offered Town Hall as a back up in case of inclement weather.)
Jenkins Bog lease
Attached is a response from Alan Hall who has indicated that he is terminating his lease with the Town.
SELECTMEN’S REPORT
A. Selectmen’s goals and priorities
Mr. Wilkins moved to nominate Mr. Cole to represent Sub Region B of the Cape Cod Metropolitan Planning Organization. Mr. Ballantine seconded the motion and the motion carried by a unanimous vote.
ADJOURNMENT
Mr. Ballantine moved to adjourn at 10:12 p.m. Mr. Wilkins seconded the motion and the motion carried by a unanimous vote.
Respectfully submitted,
Ann Steidel
Recording Secretary
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