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Minutes - March 23, 2009
MINUTES
SELECTMEN’S MEETING
GRIFFIN ROOM, TOWN HALL
MONDAY, MARCH 23, 2009
7:00 P.M.

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

OTHERS PRESENT:  Town Administrator James Merriam, Assistant Town Administrator Nan Balmer, Chief Mason, Chief Flynn, Deputy Chief Clarke, Evangeline Cakounes, Leo Cakounes, Dana DeCosta, Jack Brown, and others.

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

PUBLIC COMMENT/ANNOUNCEMENTS

Miss Cakounes explained the Large Animal Rescue Training Program sponsored by the Cape and Islands Farm Bureau and the State Animal Response Team and provided a handout on the program.

CONSENT AGENDA

A.      Approve minutes – March 9, 2009 Regular Session
        B.      Approve 2009 Seasonal Liquor License Renewals (see attached list)
        C.      Approve 2009 Seasonal General License Renewals (see attached list)
        D.      Approve Annual Angel’s Hope “Walk of Hope” for May 2, 2009
        E.      Approve 8th Annual MS Challenge Walk for September 11, 2009
F.      Approve Long Pond Bass Tournament for 2009
G.      Request for assistance from the Town Nurse Gift Account

Mr. McManus moved to approve the Consent Agenda and the recommended actions thereon.  Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

PUBLIC HEARINGS/PRESENTATIONS (Not before 7:15 P.M.)

A.      Presentation on Joint Dispatch

Mr. Merriam, Chief Mason and Chief Flynn outlined their recommendation to the Board concerning Public Safety Dispatch, specifically that the Town proceed with local joint Police/Fire Dispatch and continue to support Barnstable County Sheriff’s Office to serve as the Primary Regional Public Safety Answering Point (see attached) after which they took questions and comments from the Board.

OLD BUSINESS

A.      Vote to sign Special Town Meeting Warrant

Chairman Wilkins read the attached letter dated March 27, 2009 from Bob Larson concerning the Harwich High School Building Needs Report.

Mr. LaMantia recommended that Special Town Meeting Article 3 – Amend Town By-Laws – Kennel Licenses, should not include the dollar amount.  Mr. McManus agreed adding that the article should grant the Board of Selectmen the authority to set the fee.

With regard to Article 9, Amend Personnel By-Law, Mr. LaMantia stated that with the current situation of department heads joining a bargaining unit, we should not be providing them an extra week of vacation without bargaining it.  Mr. McManus and Chairman Wilkins agreed that the advice of labor counsel is needed.

Mr. McManus moved to remove Articles 17, 18 and 19, pertaining to local option taxes, from the Special Town Meeting Warrant.  Mr. Marsland seconded the motion and the motion carried by a 4-1-0 vote with Mr. Cole in opposition.

Mr. LaMantia stated that Article 13, Lease of Saquatucket Harbor Parking Lot for Winter Boat Storage, needs to be sent to the Waterways Commission for discussion, review and clarification as well as a Public Hearing.    Mr. McManus stressed that the Waterways Commission needs to make decisions on the type of lease conditions to be agreed upon, taking into consideration some of the objections and concerns raised at Special Town Meeting.  Mr. McManus moved to refer Article 13, Winter Boat Storage at the Saquatucket Parking Lot, to the Waterways Commission for their recommendation on specific lease conditions.  Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

Mr. McManus stated that they need to make sure all parcels listed under Article 24, Land for Affordable Housing, are under the Board’s jurisdiction.  Mr. Loftus stated that the Conservation Agent has researched this and has confirmed that the land is under the care and custody of the Board of Selectmen and that the Housing Committee has scheduled a Public Hearing on this article for April 13.  He stated that all 5 parcels were taken by eminent domain under Article 34 of 1991.  Mr. Marsland stated that the Board should wait until all the parcels are vetted out and Mr. LaMantia recommended that these parcels should be run by all departments and committees to see if there is any need for this land.  Mr. McManus noted that these parcels have been listed on a Town document for many years as being held for conservation purposes.  Mr. Marsland moved to pull Article 24.  Mr. McManus seconded the motion and the motion carried by a 4-1-0 vote with Mr. Cole in opposition.

Mr. McManus moved to approve the Special Town Meeting Warrant with removing Articles 7, 8, 11, 17, 18, 19, 24 and requesting that Article 13 be referred to the Waterways Committee and referring Article 9 to Town Labor Counsel and that Article 3 be amended so that the fee would be established by the Board of Selectmen.  Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

B.~~~~~~Vote Selectmen’s positions on Annual Town Meeting warrant articles

Mr. McManus moved to take a position of support of Articles 1 through 3 and 46 through 48, all of which are customary articles.  Mr. Cole seconded the motion and the motion carried by a unanimous vote.  

Mr. Marsland moved to support Article 17, Fund Construction of Multi-Purpose Recreation Fields.  Mr. McManus seconded the motion and the motion carried by a unanimous vote.

Mr. Marsland moved to support Article 18, Preservation of Town Records, for $23,905.  Mr. LaMantia seconded the motion and the motion carried by a unanimous vote.

Mr. Marsland moved to support Article 19, Restoration, Preservation and Storage of Town Records, for $65,000 from the CPC.  Mr. McManus seconded the motion and the motion carried by a unanimous vote.

Mr. Marsland moved to support Article 20, Albro House Historic Restoration Project, for $8,500 from CPC.  Mr. McManus seconded the motion and the motion carried by a unanimous vote.

Mr. Marsland moved to support Article 21, Preservation of Historic Buildings, at $45,000 from CPC.  Mr. McManus seconded the motion and the motion carried by a unanimous vote.

Mr. Marsland moved to support Article 22, South Harwich Meeting House Restoration, for $200,000 from CPC.  Mr. Cole seconded the motion and the motion carried by a unanimous vote.

Mr. Marsland moved to support Article 23, Purchase and Install Interpretive Signage at Brooks Academy Site, for $1,000 from CPC.  Mr. Cole seconded the motion and the motion carried by a unanimous vote.

Mr. Marsland moved to support Article 24, Harwich Historic Center Initiative, for $50,000 through CPC.  Mr. McManus seconded the motion and the motion carried by a unanimous vote.

Mr. Marsland moved to support Article 25, South Harwich Cemetery Preservation/Restoration, at $159,000 through CPC.  Mr. McManus seconded the motion and the motion carried by a unanimous vote.

Mr. Marsland moved to support Article 26, HECH West Harwich Rental Housing Pre-Development Funds, at a total of $90,000 through CPC.  Mr. McManus seconded the motion and the motion carried by a 4-0-1 with Chairman Wilkins abstaining from the vote.

Mr. Marsland moved to support Article 27, Fund Affordable Housing Projects on Town Properties Designated for Affordable Housing – Phase I, at $20,000 through CPC.  Mr. McManus seconded the motion and the motion carried by a unanimous vote.

Mr. Marsland moved to support Article 28, Harwich Affordable Housing Buy Down Program, at $220,000 through CPC.  Mr. McManus seconded the motion and the motion carried by a unanimous vote.

Mr. Marsland moved to support Article 29, Fund Town Trail System, for a total of $2,000 through CPC.  Mr. McManus seconded the motion and the motion carried by a unanimous vote.

Mr. Marsland moved to support Article 30, Fund Purchase of Land for Open Space Purposes, at $125,000 through CPC.  Mr. McManus seconded the motion and the motion carried by a unanimous vote.

Mr. Marsland moved to support Article 31, Fund Purchase of Land for Open Space Purposes, at $370,000 through CPC.  Mr. McManus seconded the motion and the motion carried by a unanimous vote.

Mr. Marsland moved to support Article 32, Maintain, Update and/or Certify Real Personal Property Valuations, at $50,000 total.  Mr. McManus seconded the motion and the motion carried by a unanimous vote.

Mr. McManus moved to support Article 33, Fund Scholarship PCC, at an estimated cost of $15,000.  Mr. Cole seconded the motion and the motion carried by a 4-0-1 vote with Mr. Marsland abstaining from the vote.

Mr. McManus moved to support Article 7, Fund Road Maintenance Program, at a figure of $327,800.  Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

Mr. McManus moved to support Article 8, Refurbishing of the 1993 E1 Aerial Ladder Truck, estimated cost of $200,000 to be funded from exempt debt.  Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

Mr. McManus moved to approve Article 9, Lease or Purchase and Equip Vehicles, at $48,616, $40,598 and $59,000 for a one-ton dump truck, a one-ton pick-up truck, and two new police cruisers for a total of $148,214.  Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

Mr. McManus moved to approve Article 10, Purchase New Equipment, at a total cost of $69,000 including a roll-off pup trailer and a 15-inch industrial wood chipper.  Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

Mr. McManus moved to support Article 11, Replace a Portion of the Roof on the DPW Maintenance Building, at a cost of $24,500.  Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

Mr. McManus moved to support Article 12, Design and Engineer Greensand Water Treatment Facility for the Water Department, at a cost of $1,500,000 to be paid out of water receipts.  Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

Mr. McManus moved to support Article 13, Fund Instructional Technology Hardware and Software for the School Department at $34,122.  Chairman Wilkins seconded the motion and the motion and the motion carried by a unanimous vote.

Mr. McManus moved to support Article 14, Fund Phase II of the Replacement of Town Hall HVAC Units, estimated cost 125,800.  Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

Mr. Marsland moved to support Article 15, Program to Replace Self-Contained Breathing Apparatus, at $80,000 from free cash.  Mr. McManus seconded the motion and the motion carried by a unanimous vote.

Mr. Marsland moved to support Article 16, Add to Dredging Reserve Fund, at $150,000 which would be $100,000 from free cash and $50,000 from other.  Mr. Merriam pointed out that the $50,000 would be from the Waterways Management Fund.  Mr. McManus seconded the motion and the motion carried by a unanimous vote.

Mr. McManus moved to wait on Article 34, Large Scale Wind Generation, and Article 35, Amend Section VII – Sign Regulations, until we get some clarity.  Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

Mr. McManus moved to support Article 36, Supplement Annual Allocation of MA Cultural Council for Local Cultural Council Grants, at $2,500.  Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

Mr. Marsland moved to support Article 37, Annual Authorization to Establish Revolving Fund for COA, at $10,000 from free cash.  Mr. McManus seconded the motion and the motion carried by a unanimous vote.

Mr. McManus moved to support Article 38, Cranberry Valley Golf Course Restaurant Lease.  Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

Mr. McManus moved to take a position of support on Article 39, Construct Memorial Gardens for Cremated Remains, as requested by the Board of Health.  Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

Mr. Marsland moved to support Article 40, Town By-Law - Public Display and/or Consumption of Marijuana.  Mr. Cole seconded the motion and the motion carried by a unanimous vote.

The Board agreed to take up the petition articles next week and notify the petitioners.

B.      Vote Selectmen’s positions on Special Town Meeting warrant articles

The Board agreed to defer this item until next week.

NEW BUSINESS

A.      Discussion on Ballot Questions

The Board agreed to defer this item until next week.

B.      Review the Board’s Facility Naming Policy

Chairman Wilkins explained that the Board received a request to name the new police facility.  Mr. Cole stated that the Board should make it known that they are contemplating the request and are open to suggestions.  Mr. McManus pointed out that another name has been put forward as well for which there has been considerable support.  Chairman Wilkins agreed that the Board should make an announcement that they are accepting suggestions.  The Board took no action.

TOWN ADMINISTRATOR’S REPORT

Mr. Merriam delivered the following report:

Finance Committee Votes
Please read the attached One Liners for the ATM and STM warrants. With regard to monetary articles drafted for the STM, the Finance Committee exercised their authority under section 2-8-3 of the Home Rule Charter and voted to not include draft articles #7 a CPC request for $50,000 to make exterior repairs to the Old Rec Building (we may have a conflict between Charter and Statute), article 8 for $7,000 for public safety support at town celebrations and article 11 to establish a CPC sinking fund. They also voted to hold support for the Capital Plan with concern for the $40M High School project and a discrepancy regarding the $1.5M Water Dept. request for water treatment plant design and a raw water feed line between Chatham Road and the Depot Road site; and IP  the Ladder Truck refurbishing, School technology PCC, and the Cultural Council.

Federal Stimulus Update
I’d like to take this opportunity to update you on the status of the Commonwealth’s work relative to the federal American Recovery and Reinvestment Act (ARRA).

In the beginning of this process, no one knew specifically what types of projects would be eligible for federal stimulus funds.~ To ensure we would not miss any opportunity for these critical dollars, Governor Patrick and I cast a wide net and requested project information from cities and towns, non-profits, developers and any other interested party.~ Thanks to the good work of the task forces that were put together to help us prepare for the federal stimulus package, we at the state level have a long list of worthy projects that will create jobs and economic development opportunities across the Commonwealth.~

As you know, the ARRA has been signed by President Obama and we now have a better sense of what types of projects are eligible for funding.~ We are working diligently with our federal partners as we review this bill and the project submissions we received.~ It is our goal to fund as many qualifying projects as possible.~ While we are enthusiastic about the benefits the stimulus will bring and deeply appreciative of our congressional delegation’s efforts, there are limits to this funding and many guidelines we need to follow to ensure proper use of the funds.~ It has become clear that not all of the projects submitted will be eligible for funding under the ARRA.~

Though we are still analyzing the bill, we expect we will receive between $6 and $9 billion over the next two-plus years.~ The total of the projects that were submitted by both state agencies and municipalities was about $27 billion.~ Most of the money will come through existing programs for specific purposes, either to the state or directly to municipalities.~ Some funds will be directed towards certain types of infrastructure projects, while much of it will flow directly to individuals, families and businesses in the form of tax cuts and credits.~

Fortunately, the bill’s priorities align with our own, leaving us well positioned to take advantage of its benefits.~That said, some of the spending guidelines are not as flexible as we had hoped which will limit us in terms of what projects we can fund.~ For example, the Patrick-Murray Administration recommended that at least a part of the transportation money be flexible enough to be distributed through the Chapter 90 program to ensure that every city and town in the Commonwealth would benefit from these important funds for local road and bridge projects.~ While the state will be receiving hundreds of millions of dollars for transportation infrastructure, due to the legal requirements in ARRA, we will not be allowed to distribute the money through a formula to every city and town. The use of highway monies is generally limited to our roads and bridges that are on the Federal-aid system. Funds for transit projects will be allocated by formula to the MBTA and the RTAs. In order to be eligible for either highway or transit money, projects must qualify for federal funding through the State Transportation Improvement Program (STIP), which is comprised of projects submitted by the state’s 13 Metropolitan Planning Organizations (MPO).~

Relative to other funding streams, we continue to review the projects you submitted and work with our federal partners on how to maximize the Commonwealth’s share of funding. We know that a number of the worthy projects submitted will not be eligible for federal funds but we will do our best to direct them to state agencies should they be eligible for state funds.~ Updates on the process will be posted on www.mass.gov/recovery .
~
Timothy P. Murray, Lieutenant Governor

Old Rec Building –Draft Lease
Attached is a draft lease with the Harwich Junior Theatre which has been edited by Town Counsel. A copy has been forwarded to HJT for further negotiations.

Shooting Range
With a 120 day filing requirement, I have executed and submitted the Environmental Partners Release Notification Form to DEP for the Depot Road Shooting Range. We will expect a response from DEP in approximately 30 days. If you may recall, there was an estimated clean up cost of $150,000 for a similar sized Wellfleet project.

Capewide Historic Preservation Workshop - from Michael Lach
The Cape Cod Commission, Preservation Massachusetts, and the National Trust for Historic Preservation are sponsoring~a workshop on Thursday, April 2, 2009, from 11 am to 3 pm at the Harwich Community Center.~ The presentations include Eric Dray, preservation planning consultant, and Claudia Wu, from Preservation Massachusetts, speaking on Generating Good CPA Projects.~ Peter McMahon, from PM Design, will speak on Protecting Modernist Buildings on Cape Cod. Katherine Beauchamp, from the Association for the Preservation of Cape Cod, will speak on their inventory of agricultural lands. Chris Skelly, from the Massachusetts Historical Commission, and Rebecca Williams, from the National Trust for Historic Preservation, will make a presentation on Preventing Demolition of Historic Structures. Lunch will be provided. For more information, contact Sarah Korjeff at skorjeff@capecodcommission.org or Dorr Fox at dfox@preservationmass.org.

Gomes Way Update
Foremost – We thank them, you, and Town Attorney for such swift follow up actions after town meeting, in addition to the on-going spirit of support for this project.  We are in construction! We began digging foundations last Thursday. General home building and volunteer activity begins in~April. We have scheduled the community kick off for the Gomes Way build for Wed. April 15 at St. Peter’s on Rte. 137. “Doors Open” (meet and greet) at 6:30. Program begins at 7. This is an info and sign up night for volunteers, a celebration, and a chance to introduce the families we are partnering with to build homes. (We will have the usual announcements going out on the kick off (local papers, Ch. 18, etc)~– but I wanted to give you all an advance FYI, in case you wish to attend. There is a fundraiser for the food pantry that same evening, but we are hoping people interested in both will just sign up for the earlier sittings for their bowl of soup at the Tech, and then join us at the church).

Victoria Goldsmith, Executive Director
Habitat for Humanity of Cape Cod

Meals on Wheels
I joined volunteer Karen Wadlow, Administrator of Epoch Senior Health Care of Harwich on March 18th to deliver meals to shut-ins. This is the third year for me to participate in this program. For 2008, the Meals on Wheels program distributed 14,685 meals to 119 Harwich customers.  

Mr. McManus moved to extend the meeting for 15 minutes.  Mr. Marsland seconded the motion and the motion carried by a unanimous vote.

SELECTMEN’S REPORT

The Board discussed the recent Cape Cod Times article with regard to Chairman Wilkins’ resignation letter to the Board.  Chairman Wilkins’ took full responsibility for the way it was handled and distributed a letter rescinding the resignation to the Board.  Mr. Cole pointed out to Chairman Wilkins that he needs to personally deliver the letter to the Town Clerk.

ADJOURNMENT

Mr. Marsland moved to adjourn at 10:53 p.m.  Mr. McManus seconded the motion and the motion carried by a unanimous vote.

Respectfully submitted,

Ann Steidel
Recording Secretary


 
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