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Minutes - June 14, 2010
MONDAY, JUNE 14, 2010
7:00 P.M.

SELECTMEN PRESENT:   Ballantine, Cebula, LaMantia, McManus


OTHERS PRESENT:  Town Administrator James Merriam, David Spitz, Sharon Rooney, and others.

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

Chairman LaMantia reported that the Board had just come out of Executive Session for the purpose of discussing litigation and contract negotiations.

Mr. Merriam reported that the Harwich Professional Firefighters Local 2124 and Superior Officers municipal contracts have been settled.  He noted that both are one year contracts with no cost of living increases and both have a series of changes in language and benefits.  The Board thanked the two groups and all those involved in the negotiations.


A.      Approve minutes – May 24, 2010 Regular Meeting
B.      Approve Annual Miscellaneous Appointments
C.      Approve Annual Police Appointments
D.      Approve request for assistance from the Caleb Chase Gift Fund
E.      Award contract to Northern Paving of Dennisport in the amount of $205,500 for Community Center Ballfield project
F.      Appoint a representative from the Board to the Policy Committee for the Ocean Management Planning District of Critical Planning Concern
G.      Approve one-day Weekday Entertainment license for Harwich Historical Society for July 10, 2010 and waive $25 license fee
H.      Approve new application for Annual Common Victualler license for Beach Way Sweet Shop
I.      Approve new application for Seasonal Common Victualler, Weekday Entertainment & Sunday Entertainment licenses for Wychmere Harbor Functions Limited Partnership
J.      Authorize Chair to sign U.S. Census Bureau Boundary Validation Program form

Mr. Ballantine moved approval of the Consent Agenda items A through J with the exception of item F.  Mr. McManus seconded the motion if they also exclude item E and Mr. Ballantine agreed.  The motion carried by a unanimous vote.

Mr. McManus raised numerous questions regarding funding on item E.  The Board instructed Mr. Merriam to come back next week with more information.

Mr. Ballantine moved to appoint a representative from the Board to the Policy Committee for the Ocean Management Planning District of Critical Planning Concern and recommended Mr. McManus as the Board representative to the Policy Committee.  Chairman LaMantia seconded the motion and the motion carried by a unanimous vote.


A.      Update of East Harwich Village project – Town Planner D. Spitz

Mr. Spitz provided an update of the East Harwich Village project as outlined in his memo to the Board dated June 8, 2010 as follows:

The East Harwich Village project began in 2005.  A 3-phase Regional Economic Development grant was awarded in the amount of $75,000 per phase.  The work has been directed by the East Harwich Collaborative which includes local residents, business owners and Town representatives (Town Planner and Planning Board liaison).  The first two phases are complete.  “Year 1” included visioning workshops, review of alternate development patterns, and selection of guiding principles.  “Year 2” included three major reports – retail economic analysis, traffic impact review, and zoning framework.  The lead consultant for the zoning framework presented his report in a well-attended public hearing at the Community Center last fall.  With strong public support, the Collaborative decided to focus directly on zoning revisions as the lead element of the “Year 3” work.

Initially, the Collaborative intended to hire a private consultant to prepare zoning revisions in Year 3.  An RFP was issued (with guidance from the Town Engineer) and a pre-bid conference was held with 7 interested consultants in attendance.  Consultants expressed concern about available project budget and schedule.  We decided to recall the RFP and to reconsider our approach to the project.  At the same time, Cape Cod Commission (CCC) staff proposed that it had the technical ability and interest to do the work.  After careful deliberation, the Collaborative ultimately agreed with the CCC proposal.

The decision to choose CCC for preparation of zoning revisions will not result in significant cost savings.  The proposed project cost is $30,000, marginally less than the $35,000 budget that we initially set for consultant work.  The more important determining factor is availability.  Current Harwich zoning is relatively traditional and unimaginative.  The vision for East Harwich may require a considerably different zoning approach.  We anticipate numerous iterations of the zoning amendments, with input from the Planning Board, neighbors and other interested parties at each stage.  The CCC will be better able than a private consultant to accomplish all of the necessary iterations without claiming the need for budget adjustments.

I will be available to discuss this project with the Board; and Sharon Rooney, Chief Planner at the Cape Cod Commission, will attend as well.
Ms. Rooney and Mr. Spitz took questions from the Board and Ms. Rooney agreed to provide a presentation to the Board this summer.


A.      Memorandum of Agreement between Barnstable County Commissioners and the Town regarding zoning recommendations for the Harwich Village Center project – vote to approve and authorize Chair to sign

Mr. McManus moved to approve of the Memorandum of Agreement between Barnstable County Cape Cod Commission and the Board of Selectmen and authorize the Chairman of the Board of Selectmen to sign the agreement.  Mr. Ballantine seconded the motion and the motion carried by a unanimous vote.

A.      Memo from Chairman regarding By Department Measurable Objectives, Goals and Priorities – discussion and possible vote to hold Public Hearing

Chairman LaMantia outlined his memo dated June 9, 2010 regarding by department measurable objectives, goals and priorities as follows:

This is to request that the BOS follow its adoption policy in approving the following Selectmen’s policy.

BOS Policy for Budget Time Line: Current Financial Review

Per the Charter Sections 9-2-1and 9-2-2 on for before October 1, the TA must present the BOS with the current financial assessment and the BOS must develop a budget message to guide the TA in developing budget requests.  
This policy requires the TA to provide the current financial assessment three weeks prior to receipt of the BOS budget message.  This is to allow for Board discussion and development of the message based on the most current financial information.  In addition, included in the current financial assessment must be a complete analysis/recommendation of measurable goals, objectives and priorities by department with their financial implications. Interim reports on progress in the development of the goals, objectives and priorities will be provided in the TA report to the BOS at their regularly scheduled meetings so that both they and the public will better understand the progress and can comment as necessary.

Mr. McManus questioned if this requires a policy and suggested that they simply ask the Town Administrator to have it prepared by September 7th.  Chairman LaMantia commented that it should become part of the process and should be formalized.    Ms. Cebula stated that part of the budget process does need to be measurable goals and objectives and that by putting this as part of a policy statement, it won’t be forgotten or dismissed.

Ms. Cebula moved to accept the policy as written.  Mr. Ballantine seconded the motion.  Mr. McManus noted that the next step is a second reading followed by a public hearing.  He added that part of the policy appears to be more of a commentary and he would like to attempt to rewrite it.  The Board agreed to bring this item back next week for a second reading.  Ms. Cebula’s motion carried by a unanimous vote.


Mr. Merriam delivered the following report to the Board:

H4586 3 Liquor licenses from Dottie Smith (June 15th hearing canceled)
I heard from my colleague, Chris Torrey,~in the Consumer~Protection & professional Licensure Committee on the status of H4586: An Act authorizing the town of Harwich to issue additional liquor licenses.
Jim, Chris Torrey said he will be calling you tomorrow morning (Friday, June 11th) to discuss the 3 locations--especially the Circadia Bistro (the old historic Inn) on the liquor license. I told him I believe that the town owns the property post foreclosure.
Chris said the parties named in the legislation will need to appear at the hearing next week.~
The bill is scheduled to be heard:
Tuesday, June 15th
Time: 2:00 p.m.
Location: State House, Hearing Room B-2 (in the basement level)
Chris will be calling the Cranberry Valley Municipal Golf Course tomorrow morning as well, to get the person who should be coming up to the hearing.
Caleb Chase check off Bill
Dottie Smith indicated that our bill was reported out of Municipalities and regional Committee favorably and is now before the Steering and Policy Committee.

Fratus update from Mark Robinson
This just in:
EOEEA has boosted the Drinking Water grant awards back up to $500,000 from $100,000!~ I am trying to find out how much is available statewide.~ So either or both Harwich and Chatham can apply for it for Fratus in FY11.~ Grant apps due 24 Sept 10.~ I recommend Harwich apply for LAND in July and Chatham apply for Drinking Water in Sept.~so you are not competing against each other so to speak.~  Stay tuned.~ This is a good break though.  - Mark R

Harbormaster Leach
The State is now considering regulating marine discharges in Nantucket Sound. This will mean that all passenger vessels will need to be in compliance. How this will affect discharge outside three miles boundary is not certain but a recent case involving a party boat off of Boston resulted in a heavy fine and a printed full page add apology in the Cape Cod Times. Maybe you saw this?
This meeting has been scheduled:
                       ~~Nantucket and~Vineyard ~Sounds ~No ~Discharge ~Area ~Meeting
Tuesday,~June ~22,~2010,~10:00am
Board ~of ~Selectmen ~Room, Yarmouth Town Hall
You may want to attend.
Reserve Fund Transfer requests
Our Reserve Fund balance is $128,827.98 as of today’s date. We are submitting 3 requests before FinCom on Tuesday which totals $119,360: 1) $64,360 for unemployment; 2) $45,000 for Emergency Telecommunication Dispatchers wages; 3) $10,000 for Police fuel. This will leave $9,467.98 balance for the remainder of the year. Any further shortfalls will require transfer between accounts.

Mass DOR has proposed an FY 10 Equalized Valuation of $5,372,328,900.  On June 1, 2010 the Bureau of Local Assessment will post the 2010 Equalized Valuations (EQVs) representing the full and fair cash value of all taxable property for each municipality as of January 1, 2010 to the Division of Local Services website at
These EQVs will be used as a basis of comparison among the 351 municipalities within the Commonwealth for certain state and local purposes. Specifically, EQV is used in the allocation of aid to public libraries and reimbursement of school construction projects. Certain Cherry Sheet charges also use EQV: County Tax, Boston Metropolitan Transit District, Mosquito Control Projects and Air Pollution Control Districts. In addition, EQV is used in calculating a community's debt limit (MGL Ch.44, §10).
FY 09 Audit
Staff met with Auditors Rich Bienvenue and Tim Bell to review the draft Basic Financial Statements, Single Audit and Management letter. The report should become finalized a few weeks.

I think we can agree to sign the leases in a separate agreement but we can’t sign the leases until we have permits and funding in place.~ I think that is what was done with the HHA/CDP project.
Laura F. Shufelt

Red Flag Policy
We learned from our auditors that the Federal Government extended the compliance deadline until the end of 2010.


A.      Committee liaison appointments

The Board agreed that the only change to the liaison list should be to remove School Building Needs Committee.


Mr. Ballantine moved to adjourn at 8:16 p.m.  Ms. Cebula seconded the motion and the motion carried by a unanimous vote.

Respectfully submitted,

Ann Steidel
Recording Secretary

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