Town of Harwich Massachusetts - Minutes

SELECTMEN’S MEETING

GRIFFIN ROOM, TOWN HALL

MONDAY, OCTOBER 5, 2009

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

OTHERS PRESENT: Town Administrator James Merriam, Assistant Town Administrator Nan Balmer, Chief Flynn, Dennis Hoye, Craig Wiegand, Tom Leach, Gerry Loftus, Frank Sampson, Allin Thompson, Sal DeSantis, George Boule, Tony Pagliaro, Tom Johnson, Arthur Palleschi, Bridget Hippler, Rob Caitlin, Murray Johnson, and others.

MEETING CALLED TO ORDER at 7:20 p.m. by Chairman McManus.

Chairman McManus explained that the Board had just come out of Executive Session for the purpose of contract negotiations.

Chief Flynn reported on a recent incident at a local tennis club in Yarmouth in which Firefighter/ Paramedic Tom Gould saved the life of a man who collapsed from cardiac arrest by responding quickly and successfully defibrillating him. He added that the man is out of the hospital and on the road to recovery.

PUBLIC COMMENT/ANNOUNCEMENTS

Chairman McManus reported that he and Mr. Merriam attended the Habitat for Humanity Cape Cod Annual Meeting this week where they accepted, on behalf of the Town, the Habitat Partner Award for 2009 in recognition of the Town’s role in providing land funds to help with the Gomes Way project.

Mr. Cole reported on the success of the Cranberry Harvest Race. He noted that there were 970 finishers out of over 1,300 pre-registered runners. He thanked the Police, Fire and Highway Departments for their thorough preparation for traffic control and runner safety.

1. September 14, 2009 Regular Session

2. September 28, 2009 Executive Session

B. Accept committee resignations:

2. Bikeways Committee

C. Approve request for Proclamation for the Silver Star Banner Day

D. Request for assistance from the Caleb Chase Fund

Mr. Cole moved to approve the Consent Agenda items A, B and D and take the appropriate actions thereto. Mr. Wilkins seconded the motion and the motion carried by a unanimous vote.

Mr. Cole inquired if the proclamation for Silver Star Banner Day is related to the Silver Star medal. Mr. Merriam responded that he did not think so and added that the Veteran’s Agent thought this request was worthy of the Board’s consideration. Mr. LaMantia moved to approve item C. Mr. Cole 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. Water Quality Task Force

Mr. Sampson delivered the annual report of the Water Quality Task Force and took questions and comments from the Board.

2. Waste Water Advisory Committee

Mr. Thompson delivered the annual report of the Waste Water Advisory Committee and took questions and comments from the Board.

A. Use of mitigation funds to conduct the field survey for Long Pond Project – confirmatory vote

Chairman McManus explained that the vote the Board took last week to use mitigation funds to conduct a field survey for the Long Pond project did not specify a dollar amount. Mr. LaMantia moved to spend up to $50,000 of mitigation funds to conduct a field survey. Mr. Cole seconded the motion and the motion carried by a unanimous vote.

B. Special Town Meeting articles – discussion

Chairman McManus noted that Mr. LaMantia has requested that the Special Town Meeting warrant article that was submitted by the Golf Committee and subsequently removed from the warrant be brought back for further discussion. He further noted that Mr. LaMantia has drafted a second article for comparison and discussion. Chairman McManus explained that he has reviewed the procedures specified in State law for amending Charters and has found that neither of the articles can be in the warrant because there are certain procedures that must be followed, specifically it must be filed with the Town Clerk, a public hearing must be held on it and it would have to either go to the first Annual Town Meeting 6 months after it was filed or to a Special Town Meeting after a petition was signed by 200 voters. He stated that if any amendment is to be considered in the Annual Town Meeting in May then that article has to be agreed upon and filed with the Town Clerk by the end of October.

Mr. LaMantia stressed the need to lay out the appropriate timetable first as well as to establish a policy to deal with finances of any Town department that generates fee receipts and revenue in an effort to avoid strained relationships with the Finance and Capital Outlay Committees as well as to work within the guidelines set forth in the Emerson case. He commented that the Town Accountant has determined that Cranberry Valley has turned over between $8 million and $9 million to the Town and that we can no longer continue to drive a profit but rather the fees must go to cover costs.

Mr. Cole noted that the Board needs to have a discussion of the basic question which is what activities do they expect to pay for themselves within the definition of the Emerson case including the cost of capital, which ones do they want to break even on, and which things that don’t pay for themselves are worth doing. Mr. Wilkins commented that the public needs to know what we can sustain.

Mr. DeSantis stated that the Golf Committee did not find out of the Board’s rejection of this article as timely as they would have liked and it was only by chance that he was informed of the decision. He noted that the Committee worked for over a year to formulate this article and it would have been prudent for the Board to sit down to discuss the benefits and negatives. He commented that the Board gave them directives and they have addressed every one with considerable thought and discussion, by listening to guest speakers and professionals, researching fees, gathering information and visiting other facilities. He stated that the Committee feels very strongly about the leadership they are recommending and find it to be the best possible solution and course of action for Cranberry Valley. He pointed out that they need to be educated as to time guidelines.

Chairman McManus stated that up until 3 weeks ago they were unaware that the Golf Committee was planning to bring forward a Charter amendment and they would rather have known over the summer. He commented that communication goes both ways and he would have been happy to help had he been aware.

The Board also heard comments from Tom Johnson, Arthur Palleschi and Rob Catlin who also discussed the need for better communication as well as how the Emerson case should impact the golf course.

Bridget Hippler noted that they are requesting a receipts reserve fund as it is consistently difficult to get the necessary projects done due to cuts in their funding requests by the Finance Committee or Capital Outlay Committee.

Chairman McManus stated that there needs to be a dialogue between the Golf Committee and the Board.

Mr. Johnson stated that it has been overlooked that they came to the Board early on and said that the Director of Golf should report to them and that was being experimented with. He added that some of the Board members have indicated that they do not like management by committee when, in fact, that is what the Board has. He stated that they have managed to make it work and it seems to be quite efficient.

Ray Jefferson questioned how they can communicate better noting that they have a liaison who is fully aware of all they have done. Chairman McManus stated that if they are considering a proposal as to how the Town governs itself they should present it to the Board for comment. He suggested an occasional report from the Golf Committee. Mr. Cole pointed out that the Board is no longer getting the Golf Committee’s minutes on a regular basis. Mr. LaMantia stated that he thought he had kept everyone informed and they had talked about bringing forth a Charter change and it was in Mr. Merriam’s report as well. Mr. Jefferson noted that the agenda did not indicate that a vote would be taken last week. Mr. DeSantis noted that if they had been informed of the decision it would have eliminated confusion and misunderstandings on both sides of the fence. Mr. Cole stated that what they are proposing needs to be made clear and Mr. DeSantis agreed to refine the article but reiterated the need for the timeline.

Mr. Ballantine reported that the Board of Health is against Article 5, Lease of Landfill Space for Solar Panels, as they are concerned that the cap that was put on the landfill was not high quality and any activity at all would destroy the cap. He suggested strengthening the language in the article as they need assurances that nothing would happen to the cap. The Board agreed to add the language “and further take all steps necessary to ensure that the landfill cap is preserved.”

Mr. Wilkins moved to remove Article 7, Amend Town Charter Golf Committee, and Article 8, Approve Charter Change – Golf Committee, from the warrant. Mr. LaMantia seconded the motion and the motion carried by a unanimous vote.

Mr. Wiegand requested to pull Article 12, Purchase Large Excavator and Trailer for Water Department. Mr. LaMantia moved to pull the article. Mr. Ballantine seconded the motion and the motion carried by a unanimous vote.

The Board discussed Article 15, Land for Affordable Housing, regarding the Depot Road parcels and requested that Mr. Merriam have Mr. Ford research the deeds. The Board agreed to hold on this article.

A. Amendments to Sign Regulations By-Law – vote to refer to Planning Board for Public Hearing

Mr. Wilkins moved to refer this back to the Planning Board for a Public Hearing. Mr. Ballantine seconded the motion and the motion carried by a unanimous vote.

B. Letter to the Army Corps of Engineers regarding differential fees – vote to sign

Mr. LaMantia and Mr. Leach agreed that the word “through” in the first paragraph should be changed to “to.” Mr. Wilkins moved to approve the draft letter as prepared by Mr. Johnson with the first paragraph being amended to use the word “to” and all the other recommendations will be included. Mr. Cole seconded the motion and the motion carried by a unanimous vote.

C. Selectmen’s FY 2011 Budget directives to the Town Administrator

The Board made minor changes to the document. Mr. Cole moved to extend the meeting until 10:45. Mr. Wilkins seconded the motion and the motion carried by a unanimous vote. Mr. Wilkins moved to approve the document. Mr. Cole seconded the motion and the motion carried by a unanimous vote.

TOWN ADMINISTRATOR’S REPORT

Mr. Merriam delivered the following report to the Board:

October 19 – Board of Selectmen vote warrant (October 26 at the latest)

October 28 – Constable to post warrant (at least 14 days)

October 29 – Warrant published in Chronicle (14 days)

Selectmen’s Fall Conference

See attached message from MMA- 10/17 Franklin –Tri County School

Article 35 of the 2009 ATM amended the Sign By-law. Unfortunately, the Moderator and Town Clerk were handed a motion that referred to the printed article in the warrant and did not reflect all of the changes between the warrant printing and the Public Hearing held on April 28^th. Chairman McCaffery did offer 3 amendments voted from the Public Hearing and Geoff Wiegman offered a floor amendment which added Doane Park as a fourth area to place signs. To remedy this defect, the Planning Board will resubmit a clean version on the 11/12 warrant.

Barry Worth and I deleted reference in the draft article to the ConsCom parcel with the Great Swamp Bog, and added a second parcel controlled by the Board of Selectmen to the east. Wind turbine A is proposed for a portion of the 72 acre Water Dept. parcel and Wind Turbine B is proposed for BOS 19 acre parcel (see map). It still will require an Article 97 State Constitution Special Act. After researching with the DOER, we asked Weston and Sampson to relocate the lease footprint areas away from the 400 radius of existing and proposed wells. We’re now researching fall zones and any potential land use conflict with the wellsites. Once we can pinpoint precisely the turbine locations, we want to meet with the Water Commissioners and hold a public hearing. Barry Worth is scheduled to give you an update on October 13^th.

Allen Harbor Dredging

Staff met with Coastal Engineering representatives to study betterment charges and project permits and costs. Concern was raised about the Betterment Article’s language of measuring dredge spoils by area vs. volume as well as assessing abutters without permits. We are offering a further by-law amendment to address these concerns.

Upon Selectman La Mantia’s advice, I have redrafted the ACE letter and deleted reference to the 1966 ACE letter and replaced in the request “Permission” to “Intent” to charge two tier rates.

Attached is an article entitled “Want to help redesign Dennisport” by Shannon Goheen in the 10/1/09 Cape Cod times. New Dennis Town Administrator Rick White had informed me that Dennisport merchants had offered to include West Harwich representatives in the Revitalization efforts. I contacted Chamber Director Sandy Davidson for contacts but none were identified.

Attached is an article entitled “State approves $321m for schools” by Brock Parker in the 10-1-09 Boston Globe. Only 15 schools districts were awarded this money which represents less than 50% of $660m total project costs. Note that affluent communities as Wayland’s project is 35% funded by SBA, Needham’s is 31% funded by SBA, and 34% for Wellesley’s project.

Conflict of Interest

Attached is a copy of the On-line training program and summary of the law, which each employee must attest receipt of. I have invited (strongly encouraged) all Department Heads and Chairmen of Boards, Committees and Commissions to attend the November 4^th seminar. Cape Tech employees must also comply through the Town Clerk’s office.

Habitat For Humanity

Chairman Ed McManus, Mr. And Mrs. Loftus, Mr. and Mrs. Purdy and I attended the annual Habitat for Humanity meeting on September 30^th. Harwich pastors Christian Holleck from St. Peter’s Lutheran and Tom Leinbach from First Congregational churches participated in the program. Chairman McManus accepted the Habitat Partner Award for Harwich in recognition of the community’s support for the Gomes Way project. Harwich’s residents and churches gave generously of their time and talents to make this dream come true. Harwich should be proud of its effort to provide affordable housing to many deserving families, who appreciate the community’s contributions.

Eric Beebe announced that Alison Tripp has been selected and has started as Program Specialist as of this past week.

Police Station Project update

At our building committee meeting today we approved this final CO for the project. If you read it in detail it covers all the rebated~work we worked on, all the added costs for remediation as well as other negotiated expenses. When I had talked to you and Dave a couple of weeks ago we were estimating this CO to be in the 40+k range. Jim will send you the budget we are working from, but we are looking much better in contingency funds still available. 25-40k. The committee is meeting again in 2 weeks to start the process of determining what projects we want to approve to use a least %50 of the remaining contingency $. (#1being repair of the storage barn in back of the building.)

(See attached budget)~

Golf Committee Article

Attached is Selectman La Mantia’s request that an article be added to the warrant.

SELECTMEN’S REPORT

At Chairman McManus’ recommendation, Mr. Cole moved to hold a Public Hearing on wind turbine locations on October 26^th. Mr. Wilkins seconded the motion and the motion carried by a unanimous vote.

Mr. Cole moved to adjourn at 10:50 p.m. Mr. Wilkins seconded the motion and the motion carried by a unanimous vote.

Respectfully submitted,