June 15, 2020

“Mr. MacAskill moved that they approve the use of Town property at Saquatucket Harbor parking lot, in support of Outer Cape Health services pop up testing center for June 17, 2020 and June 18, 2020. Seconded by Mr. McManus. All in favor, motion carried by unanimous vote.” (Motion: MacAskill, second: McManus)

Read it in the official minutes, page 4 (PDF)

“Mr. Ford moved to approve the three consent agenda items listed above. Seconded by Mr. Howell. Mr. Ballantine added that he would request that they sign the letter of support tonight. It had come in at the last moment, and they need it, and it is to their benefit that they give money to that organization. Mr. Powers has that letter. All in favor, motion carried by unanimous vote.” (Motion: Ford, second: Howell)

Read it in the official minutes, page 13 (PDF)

“MacAskill moved that they approve the Police Department Annual Appointments for FY 2021. Seconded by Mr. McManus. All in favor, motion carried by unanimous vote.” (Motion: MacAskill, second: McManus)

Read it in the official minutes, page 14 (PDF)

“Mr. MacAskill moved that they approve the use of town beach parking lot for Pleasant Road Beach for staging of sand nourishment for 11 Shore Road. Seconded by Mr. McManus. Mr. MacAskill asked if they could know how long the sand would be in the parking lot, and what the date is and will it impact the beach users. Mtr. Powers asked if the applicant is on the line. Mr. Perry was not available. Ms. Usowski responded that she does not have a date yet, that was dependent on their vote, but it would be a one day use, and they would coordinate with Mr. Eric Beebe, Mr. Lincoln Hooper and herself. So, it would not be during a high volume day. Mr. MacAskill would just add, as part of their vote, that it is contingent upon , the approval of Mr. Beebe, Mr. Hooper and herself. All in favor, motion carried by unanimous vote.” (Motion: MacAskill, second: McManus)

Read it in the official minutes, page 14 (PDF)

“MacAskill moved that they approve the proposed holiday schedule for - FY 2021. Seconded by Mr. McManus. Mr. MacAskill had one question on the Friday before the 4 of July holiday. Mr. Powers confirmed it is a Federal holiday, and they adhere to the Secretary of State's calendar. All in favor, motion carried by unanimous vote.” (Motion: MacAskill, second: McManus)

Read it in the official minutes, page 16 (PDF)

“Mr. MacAskill moved that they approve the application for a permit of relief from Noise By-Law (Chapter 189 of the Code of the Town of Harwich) for a Live Music Permit for the Farm Open House Pot Luck at Cape Farm Supply, at 1601 Factory Road - Date, June 27, 2020 from 3:00 PM - 11:00 PM. With a note that the coronavirus postpone dates if necessary; July 25th or August 19th - 3:00 PM - 11:00 PM. Seconded by Mr. McManus. Mr. Ford asked if they are restricted due to the rules of no live entertainment. Mr. Howell said that it is private property. Mr. Ballantine said that it is a good question. Mr. McManus commented that most entertainment licenses are on private property too. Mr. MacAskill said that he disagreed because this is a 20-acre piece of land where they can socially distance and he would also argue that a private property of a residence is different than that of a business. Mr. McManus said he was not sure if this applicant needed to apply for this permit. Mr. MacAskill said he would agree, but he did, so therefore does not want to hold it up. He also said that there had been a complaint a few years ago from across the pond, so he thinks that the applicant applies so that if there are any complaints they could say there is a permit pulled for the event. All in favor, motion carried by unanimous vote.” (Motion: MacAskill, second: McManus)

Read it in the official minutes, page 16 (PDF)

“Mr. MacAskill moved that they approve the Allen Harbor Breeze Inn Realty Trust Lodging House Seasonal Renewal at 326 Lower County Road, Harwich Port. Seconded by Mr. McManus. All in favor, motion carried by unanimous vote.” (Motion: MacAskill, second: McManus)

Read it in the official minutes, page 17 (PDF)

“Mr. MacAskill moved that they approve the Dockside Seafood Shack LLC - Common Victuallers License - Seasonal Renewal - 715 Route 28, Harwich - Port. Seconded by Mr. McManus. All in favor, motion carried by unanimous vote.” (Motion: MacAskill, second: McManus)

Read it in the official minutes, page 17 (PDF)

“MacAskill moved that they approve the Sundae School Inc.- Common Victuallers License - Seasonal Renewal - 606 Route 28, Harwich Port. Seconded by Mr. McManus. All in favor, motion carried by unanimous vote.” (Motion: MacAskill, second: McManus)

Read it in the official minutes, page 18 (PDF)

“Mr. MacAskill moved that they approve the Sundae School - Weekday Entertainment - Seasonal Renewal - 11AM - 10:00PM Recorded Music - 606 Route 28, Harwich Port. Seconded by Mr. McManus. Mr. Howell added that this music is the typical background music that they use here. All in favor, motion carried by unanimous vote.” (Motion: MacAskill, second: McManus)

Read it in the official minutes, page 18 (PDF)

“Mr. MacAskill moved that they approve the Sundae School, Inc. - Sunday Entertainment - Seasonal Renewal - 1PM - 10:00PM Recorded Music - 606 Route 28, Harwich Port Seconded by Mr. McManus. All in favor, motion carried by unanimous vote.” (Motion: MacAskill, second: McManus)

Read it in the official minutes, page 18 (PDF)

“Mr. MacAskill moved that they approve the Phoenix Park, Inc. DBA Cape Cod Irish Pub - Common Victuallers License Seasonal Renewal - 126 Route 28, West Harwich. Seconded by Mr. McManus. All in favor, motion carried by unanimous vote.” (Motion: MacAskill, second: McManus)

Read it in the official minutes, page 19 (PDF)

“Mr. MacAskill moved that they approve the Phoenix Park, Inc. DBA Cape Cod Irish Pub- Lodging House - Seasonal Renewal - 126 Route 28, West Harwich. Seconded by Mr. McManus. All in favor, motion carried by unanimous vote.” (Motion: MacAskill, second: McManus)

Read it in the official minutes, page 19 (PDF)

“Mr. MacAskill moved that they approve the Phoenix Park, Inc. DBA Cape Cod Irish Pub - Weekday Entertainment License - Seasonal Renewal - Recorded or Live Music with amplification system and dancing 7PM- 1AM, at 126 Route 28, West Harwich. Seconded by Mr. McManus. Mr. Powers explained that the Board had directed him back in February, to be mindful of entertainment licenses going beyond midnight. Ms. Lisa O'Neill, owner of the Irish Pub, is on the call and wishes to speak to this. The staff recommendation would be to approve from 7:00 pm to midnight, to be consistent with other areas, and what has been done previously tonight. Ms. O'Neill would like to speak to plead their case. Ms. O'Neill stated that Brendan O'Reilly is there with her, along with her husband Dan O'Neill. She explained that they were surprised that their seasonal license was cut back to 12:00 am. If you know the Irish Pub, most of their business is done between 10:00 pm and 12:30 am. So, cutting back and having the band stop at midnight, was financially detrimental. Mr. O'Reilly further explained, that they have had the license for quite some time and is it is necessary to stay to 1:00 am. Once you stop the band, the people leave. In terms of protocol, they have a very stringent way of shutting that place down. For years and years and years, they have been in control of it. This is the mainstay of their income. Ms. O'Neill said that they are trained and certified, and they take it very seriously. They staff the parking lot and they do consider all of these things. They work very hard to keep it. Mr. Howell asked when the last time was that they had a complaint about the Irish Pub. No one could remember one. Mr. MacAskill said that when they talked about the noise complaints, it was Harwich Port and the neighbors at what was the Claddagh. They have never had that issue here. He appreciates Mr. Powers keeping things consistent, but they have never sat and debated this and he would support this license being till 1:00 am. Mtr. Powers said that the only reason he proceeded the way he did is when they discussed the license for the Seal Pub back in January and February, statements were made to be consistent. He thinks they will likely get a pretty quick appeal for their license. Mr. MacAskill responded that he thinks that would be a great argument but at that time the business had changed hands, and they changed the usage of the building. He stands by the decision for that business. However, this business has been around for 40 years. There are no complaints, there is no change to the use, and he does not believe that right now they should just arbitrarily change it. If it sells, then maybe they look to change it, to make it consistent. Mt. McManas said in history, there was a time when neighbors complained about noise from there. However, the owners analyzed their facility and made huge investments to keep the noise contained. They have been doing so successfully. Mr. Ford said he agrees with Mr. MacAskill and Mr. McManus's comments. He thinks they should support it. Mr. Ballantine said he thanks Mr. Powers for his efforts and trying to follow their directives. Mr. Powers said that whatever the Board does, he will support. All in favor, motion carried by unanimous vote.” (Motion: MacAskill, second: McManus)

Read it in the official minutes, page 19 (PDF)

“Mr. MacAskill moved that they approve the Phoenix Park, Inc. DBA Cape Cod Irish Pub - Sunday Entertainment License - Seasonal Renewal Recorded or Live Music with dancing 7PM - 1AM -- 126 Route 28, West Harwich. Seconded by Mr. Ford. All in favor, motion carried by unanimous vote.” (Motion: MacAskill, second: Ford)

Read it in the official minutes, page 21 (PDF)

“Mr. MacAskill moved that they approve the Port Restaurant and Bar Inc. - Sunday Entertainment License -- Renewal 10AM - 12AM inside, and 1OAM - 10PM outside - 541 Route 28, Harwich Port. Seconded by Mr. McManus. All in favor, motion carried by unanimous vote.” (Motion: MacAskill, second: McManus)

Read it in the official minutes, page 21 (PDF)

“Mr. MacAskill moved that they approve the Windsong Antique's Inc. - Junk Dealer - Renewal - 364 Route 28, Harwich Port. Seconded by Mr. McManus. Mr. Howell made note that this was not a seasonal renewal but a year round renewal. Mr. MacAskill adjusted the motion. All in favor, motion carried by unanimous vote.” (Motion: MacAskill, second: McManus)

Read it in the official minutes, page 21 (PDF)

“Mr. MacAskill moved that they approve the Bid award to Sprague Operating Resources, LLC for Gasoline, Diesel Fuel and Healing Oil. Seconded by Mr. McManus. Mr. MacAskill just wanted to point out to the public that this is a $150,000 estimated savings to the Town this year, in fuel costs. All in favor, motion carried by unanimous vote.” (Motion: MacAskill, second: McManus)

Read it in the official minutes, page 32 (PDF)

“Mr. MacAskill moved that they approve the Harwich Phase 2 Contract (RBO) Sewer Construction Project - RFI 24/Request for Change - $2,695.87. Seconded by Mr. McManus. Mr. Ballantine explained that this was a change, to allow water service in East Harwich, on Church Street and Route 137, to avoid some of the cut-offs they were planning on doing. This was stopped when everyone was staying home, and now they will continue it. Mr. MacAskill said that it is paid for out of the 5% contingency that was voted on, and there is approximately $435,000 in that account. All in favor, motion carried by unanimous vote.” (Motion: MacAskill, second: McManus)

Read it in the official minutes, page 32 (PDF)

“Mr. MacAskill moved that they approve the Bid Award for Printing of Tax and all other Town Bills. Seconded by Mr. McManus. Mr. MacAskill would like to know how it was done the past and why they are doing to this now? He also asked what the cost is of doing it in-house, if that is what they had been doing the past? Mr. Ballantine said he thinks it has always been contracted out and asked Mr. Powers or Ms. Coppola to respond. Ms. Coppola confirmed that this has always been contracted out. However, , she noticed this year that they have never gone out to bid on it, which is a requirement. So they went out to bid on it. They prepared the RFP, sent it out to potential bidders and received two responses. The lowest response was from our current vender, so that is why it is on the agenda for you this evening. Mr. MacAskill ask what the cost differences was between this contractor and what was done in the past. Carol said she believes is the same cost, no difference it's just that they wanted to comply with procurement laws. All in favor, motion carried by unanimous vote.” (Motion: MacAskill, second: McManus)

Read it in the official minutes, page 32 (PDF)

“Mr. MacAskill moved that they approve the Coastal Engineering Contract for annual required operation and maintenance of the Bioclere Treatment System at the Harwich Elementary School and the Cultural Center - $26,760.00, and direct the Chair to sign. Seconded by Mr. McManus. Mr. MacAskill explained that they went through this pretty extensively with the Middle School Repurpose Committee and they are required to pay half of this contract. The only question is that this seems like an auto renew, and have they thought about going out to bid? Just to point out to the general public, this is roughly a $53,000 contract. The Town of Harwich's portion is the $26,760, and the school would pay the same. So, with the $53,000 contract, would they go out to bid on this and if not, why not? Mr. Powers will have to pull out the paperwork on it, and they all agreed it was worth looking into. At this time, it is a requirement and does need to be voted on tonight. All in favor, motion carried by unanimous vote.” (Motion: MacAskill, second: McManus)

Read it in the official minutes, page 33 (PDF)

“Mr. MacAskill moved that they approve the Computer equipment purchase agreement between the Town of Harwich and HUB Technical Services, LLC for $65,559.30. Seconded by Mr. Howell. Mr. Ballantine asked if this was discussed last week. Mr. Powers said he referred to in the past and more specifically tonight under the Technology Task Force, and also in the occupancy capacity. When he established the Technology Task Force, they weren't made aware yet of the CARES Act reimbursement funds. He recognizes, in discussion with staff, that it has been confirmed, and as well as they responded, they were not prepared, as many places were not prepared, for this sort of item and the remoteness of it. They put together laptops but they did not have a sufficient amount for everybody. ~ So, they did have work issues because people could not get in to work. He asked Lieutenant Tyldesly and Mr. Foster Banford, IT Director, to look into the concept under the CARES Act, which is accelerated telework capacity. The reason why it is covered by some degree for reimbursement, he believes, which is about $.25 cents on the dollar, is because there is a recognition by the Federal Government in the state that telework capacity is going to be increasing. Not just because of the pandemic and future waves but it is the wave of the future. For this proposal, Lieutenant Tyldesly and Mr. Banford worked with HUB Technical Services, LLC to identify the number of laptops that can be disseminated to Department Heads. Also, with all Department Heads having the same materials and applications, which is not the case now. This will allow us to have everyone on the same system, at the same time, and then with that to also be of the expansion of the online capabilities. Such as; online ordering, online permitting, online document management, and online document storage. All of which they need to successfully work remotely; in part or in whole. It is a big ask, but he does recommend the Board's approval on this process, and if this was approved, they would seek reimbursement through the CARES Act. Mr. MacAskill said this is listed as one of the items that is reimbursable, correct? Mr. Powers said that is correct. They do not anticipate FEMA to match it, but they will not know until they request it. So it is possible to have full reimbursement that other part would be through FEMA and right now they have given no indication if they would approve this kind of purchase. Mr. MacAskill asked, given the work load now and the re-phasing staff back in, is this purchase to completely fill in so everyone can work remotely or is it based on where we're going to be with phased in staff? Mr. Powers replied that right now this would be that every Department Head would have one. i Also, the departments that he and Ms. Eldredge have reviewed for occupancy issues, where they just do not have a place for them, have been accounted for to have additional laptops. These would be a laptop with docking stations, so that where ever the employee is, they get the same connectivity. Mr. MacAskill asked, start to finish, how quickly can this be up and running. Mr. Powers deferred to Lieutenant Tyldesly. Lieutenant Tyldesly explained that they are working with HUB Technical Services, LLC, the company that was approved to be the IT support, and they are very happy to engage in this with us. They would not necessarily commit, as some of it depends on their ability to work with them to schedule people's desktops to be available to convert. They threw out the date of July 1°, which may not be doable, but he believes within five-weeks they can get this done. All in favor, motion carried by unanimous vote.” (Motion: MacAskill, second: Howell)

Read it in the official minutes, page 34 (PDF)