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Minutes - September 8, 2009
7:00 P.M.

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

OTHERS PRESENT:  Town Administrator James Merriam, David Ryan, Brooke Williams, Laura Shufelt, Geoffrey Wiegman, Gerry Loftus, and others.

MEETING CALLED TO ORDER at 7:13 p.m. by Chairman McManus.

Chairman McManus reported that the Board had just come out of Executive Session where they discussed personnel matters.

Chairman McManus offered the Board’s condolences on the passing of Peter Wasserbach who served on the Disability Rights Committee.


Brooke Williams described three petitions he had given to Chairman McManus entitled Hawksnest Crossing Petition, Village Housing Including Main Street Extension and Outlying Areas Housing Study Petition, and Harwich – Yes for the Arts Petition.  Chairman McManus explained that Mr. Williams should bring the petitions before the Housing Committee and Cultural Council to make recommendations to the Board of Selectmen.


Chairman McManus reported on the Fall for Harwich activities noting that the parade on Sunday will feature retiring Veterans Agent Norman Gill as Grand Marshall.


A.      Approve minutes –
1.        August 10, 2009 Regular Meeting
2.        August 24, 2009 Executive Session
B.      Approve request of Historical Society to close one block of Parallel Street to host the Annual Hometown Treasures Sale on September 26
C.      Committee Appointments
        1.  Cultural Council
        2.  Bikeways
        3.  Brooks Academy Museum Commission
        4.  Council on Aging
D.      Vote to hold a Public Hearing on liquor and general license fees for Sept. 28, 2009
E.      Approve Town Administrator’s recommendation on Dog Hearing – Burlingame
F.      Approve Town Administrator’s recommendation on Dog Hearing – Rathburn
G.      Approve Stearns & Wheeler contract amendment for consulting services of pond limnologist
H.      Accept $5,000 Grant from MIIA to allow DPW to purchase an emergency response trailer

Mr. Cole moved to approve the Consent Agenda and take the appropriate actions thereto.  Mr. LaMantia seconded the motion and the motion carried by a unanimous vote.


A.      HECH proposal for Affordable Housing at Sisson Road building and Bells Neck Road building – review and vote to approve

Mr. Wilkins recused himself on this item.  Mr. LaMantia moved to accept the Town Administrator’s recommendation to go forward and accept the HECH proposal.  Mr. Ballantine seconded the motion and the motion carried by a unanimous vote.  At Chairman McManus’ recommendation, Mr. LaMantia agreed to amend his motion to include authorization for the Town Administrator to negotiate necessary contracts and leases.  The motion carried by a 4-0-0 vote.

B.      Changes to the Designer Selection Policy – discuss

The Board agreed that the policy should be separated into two documents, one to address horizontal construction and one to address vertical construction, and should be brought back to the Board.

C.      Expenditure of $5,000 from the Affordable Housing Fund for survey work on Depot Road parcels for proposed “Home Sweet Home” project – vote to approve

Chairman McManus pointed out that this item has been referred to the Housing Authority and the Board agreed to hold this item until they receive a response from the Housing Authority.  

D.      Open Special Town Meeting warrant on September 30, 2009 at 8:30 a.m. and close the warrant on October 2, 2009 at 12:00 p.m. – vote to approve

Mr. Merriam noted that the Special Town Meeting date being proposed is November 12, 2009.  Mr. Wilkins moved to open the Special Town Meeting warrant on September 30, 2009 at 8:30 a.m. and close the warrant on October 2, 2009 at 12:00 p.m.  Mr. Ballantine seconded the motion and the motion carried by a unanimous vote.


Mr. Merriam delivered the following report to the Board:

I recommend that the Board vote to open a warrant for a Special Town Meeting to be scheduled for Thursday, November 12th. I have received confirmation from Town Moderator, Town Counsel, your Board members and Town Clerk of their availability. The primary purpose of the STM will be to rebalance the FY 10 budget. (see attached budget amendments)

Special Elections
Attached is a letter from Governor Deval Patrick in response to the death of Senator Kennedy in which the Legislature and he has set a Special Election to elect a U.S. Senator for January 19, 2010. There will also be a Primary Election set for December 8th. We will propose to cover these extra costs by amending the Town Clerk’s budget. The Town Clerk’s Association has written to State Auditor DeNucci asked whether the cost is a State Mandate and requiring the State to fund it. (see attached)

September 11th Memorial Service.
There will be a Public Memorial Service held at the Harwich Middle School on Friday, September 11th, 2009.~ This service will feature performances by Middle School Staff and Students. As well as a bell ceremony on a bell recovered from a New York City Fire Engine that was destroyed at Ground Zero.  Attendees should begin assembling at 08:20.~ The service will begin at 08:30.~ The Service will conclude at approximately 08:50.  For any questions please contact Dave LeBlanc~at

Golf Committee
Chairman Sal DeSantis advised me that they intend to submit 3 articles for the STM and conduct a hearing in Sept. 21st on these. The three are: 1) change the Charter to Commission and have the Golf Director report to the new Commission, except in areas of personnel and purchasing and fee setting by the Selectmen, 2) create a receipts reserve fund, 3) move the proceeds from the Fairway Café into the Revolving Account.

Allen Harbor Dredging
Joe Borgesi and I met with Selectman LaMantia to discuss including 3 abutters into the Town’s permit for betterment assessing same. We are still focusing on seeking funding at the May 2010 ATM. DEP is working on our permit for disposal at the Transfer Station / former landfill site.

Police Station project
The quantity of contaminated soil at and under the old station increased from 99 tons to 250. Coupled with the asbestos CO, Ray Jefferson indicates there’s little remaining of the Contingency Fund.

Shooting Range
We received Notice of Responsibility from DEP under MGL Ch. 21E to provide a response (not actual clean up) by March 23rd, 2010.We will need to hire a Licensed Site Professional LSP, to provide a proper response. I’ll submit an article for the STM warrant.

We are pleased to inform you that the Town Harwich has been awarded planning assistance through the Green Communities Program.  Shortly you will receive notification of this award in the mail along with information regarding the process that will be followed and indicating the name of the consulting firm assigned to your community.  The Department of Energy Resources Green Communities Division is excited about providing you with assistance to help you become a Green Community.~ We look forward to working with you on this project.  In the interim, please do not hesitate to contact Cliff Sullivan at (617) 626-7360 with any questions.
Mark Sylvia, Director
Green Communities Division
Massachusetts Department of Energy Resources
(617) 626-7339

Wind Turbines
Weston and Sampson is under contract with CVEC to select precise locations for both turbines. (see attached map)

Community Center Ballfields/Pool
Community Center Staff is working on proposed solutions before presenting options to abutters. It was discovered a couple weeks ago that the current ballfields location may conflict with future plans to build a pool building off the back of the Community Center, particularly if it includes lap, therapy and kiddie pools.

Conflict of Interest Seminar
The Secretary of State’s Office has offered again to provide us with a seminar for Wednesday, November 4th. I’m sure they will want us to guarantee a minimum number of attendees. I’d like to require that a representative from every Board and department attend this seminar.

Craig Wiegand is hosting a training session for flagmen at the Water Dept.

Beach Road
The staff met on September 3rd and reviewed the response. I will write a summary of our recommendations to you.

Community Center Energy improvements
The Cape Light Compact has agreed to provide $11,000 of lighting upgrade improvements at no cost to the Town.  


A.      Selectmen’s goals and priorities

Chairman McManus reported that he has met with the owners of the Claddagh and several residents of the area regarding the noise complaints against the Claddagh.  He stated that there are a number of good proposals being made on both sides.  He commented that the neighborhood understands that business is business but want some peace and quiet and the owners have come to the realization that they are going to need to make some investments in equipment and make some physical changes to the layout so they can accommodate the neighbors.  He added that by the time their license is ready for renewal, a list of conditions will be ready to be added to their license for next season.

The Board agreed to request a presentation of the Regional Policy Plan and Growth Incentive Map from the Cape Cod Commission and what it means in terms of our planning process as well as what the approval process is for a Comprehensive Plan.


A.      Report from Planning Board regarding Long Pond project

Matt McCaffery read the motion from the Planning Board regarding the Long Pond multimodal lane project as follows:

To advise the Board of Selectmen that the Planning Board cannot recommend the development of the Long Pond Drive multimodal lane project as described without consideration of costs, sources of funding, and timelines for the completion of multimodal lane construction along all of Long Pond Drive.  

Mr. McCaffery stated that while this project is a good idea because of the economies that can be achieved, it should not be undertaken without determining the feasibility including when it would be built and whether or not funding sources are likely to be available to complete the bulk of the project.  The Board then heard comments from Mr. Wiegman.

Mr. Wilkins moved that the Board rescind its vote to build the multimodal bike trail.  Mr. Ballantine seconded the motion.  The Board agreed that they would like to continue to consider the multimodal lane project and requested a report back from the Highway Director on how the project might be delayed.  Mr. Cole added that the Board needs an answer from the Police Department on whether there has to be a lane on both sides or if you can have only one lane that is one way.  The motion carried by a unanimous vote.


Mr. Wilkins moved to adjourn at 9:47 p.m.  Mr. Cole seconded the motion and the motion carried by a unanimous vote.

Respectfully submitted,

Ann Steidel
Recording Secretary

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