1. A quorum, 150 registered voters, must be present in order to conduct business. The only motion in order when no quorum is present is a motion to adjourn.

 

2. A two-thirds majority of the Town Meeting shall be required for inclusion of any Capital Outlay, unless it was included in the Capital Outlay Plan adopted at the preceding Town Meeting.

 

3. All motions introduced at the Town Meeting shall be in writing when required by the Moderator.

 

4. Voters are limited to two times speaking on any one question; the total time speaking not to exceed 10 minutes.

 

5. Only registered voters shall occupy the meeting "floor".

 

6. No voter will be allowed to speak until he is recognized by the Moderator.

 

7. Motion requiring more than a simple majority to pass:
1. to reconsider a vote on a motion- 3/4 majority (this motion must be made prior to the next adjournment of the meeting).
2. to consider articles in an order other than as appears on the warrant - ¾ majority.
3. To pay unpaid bills - 4/5 majority at the Annual Town Meeting 9/10 majority at a Special Town Meeting.
4. To move the previous question (terminate debate) - ¾ majority.

 

8. Quorum cannot be questioned after a motion has been made and seconded.

BARNSTABLE, ss:

To either of the Constables of the Town of Harwich in said County,

Greetings:

In the name of the Commonwealth of Massachusetts you are hereby directed to notify and warn the inhabitants of said Town qualified to vote in elections and Town affairs to meet in the High School Gymnasium, Oak Street, in said Town on Thursday,

September 10, 1998, at 7:00 P.M., then and there to act on the following articles:

ARTICLE 1. To see if the Town will vote to raise and appropriate a sufficient sum of money and to authorize the School Committee to purchase, lease or lease/purchase a modular, two-classroom unit (including a closed walkway and all associated installation costs) in order to provide additional space at the Harwich Elementary School and to act fully thereon. By Petition/School Committee. (Estimated cost: $150,000.00)

ARTICLE 2. To see if the Town of Harwich will vote to authorize the Board of Selectmen and Conservation Commission to file on behalf of the Town of Harwich any and all applications deemed necessary for grants and/or reimbursements from the Commonwealth of Massachusetts deemed necessary under the Self-Help Act (Chapter 132A, Section 11) and/or any others in any way connected with the scope of this Article, as it relates to the purchase for conservation purposes and passive recreation a certain property together with any buildings thereon, described as follows: Parcel 1: land owned by Liberty Realty Trust, Lee Marden, Trustee, located off Church Street, East Harwich referred to as Lot 1 in the plan designed by Terry W. Eldredge dated Sept. 2, 1997 and consisting of 21.6 acres, more or less. Further described at the Barnstable County Registry of Deeds as: Barns. PC#13145, PC#77F1155-A1, B10916P242, B3037 P345, B7768 P58, and B288 P23. Parcel 2: land owned by First Light Trust, M. Mark Klein, Trustee, located off Church Street, East Harwich referred to as Lot 1 in the plan designed by Terry W. Eldredge dated Aug. 8, 1997 and consisting of 13.4 acres, more or less. Further described at the Barnstable County Registry of Deeds in B1306 P20, B1306 P21, and B188 P17; that said land be conveyed to said Town of Harwich under the provisions of Massachusetts General Laws, Chapter 40, Section 8c, and as it may hereafter be amended and other Massachusetts Statutes relating to Conservation, to be managed and controlled by the Conservation Commission of the Town of Harwich, and the Board of Selectmen be authorized to negotiate the purchase of said property and be authorized to make the decision to enter into any agreement to purchase said property, and the Board of Selectmen with the Conservation Commission be authorized to enter into all agreements and execute any and all instruments as may be necessary on behalf of Harwich to affect said purchase, and to act fully thereon. By request of the Real Estate & Open Space Committee.

(Background Information/Justification) This article proposes to acquire open space for the Town. The amount of $979,800.00 was previously appropriated in Article 62 on May 7, 1998 at the Harwich Annual Town Meeting by Town Meeting voters for this purpose. This language represents the requirements of the Self-Help Program.

ARTICLE 3. To see if the Town of Harwich will vote to raise and appropriate a sufficient sum of money and to authorize the Treasurer with the approval of the Board of Selectmen to purchase, or take by eminent domain, in accordance with M.G.L. Chapter 44, Section 8C, the sum of $179,000.00, for the purpose of purchasing for conservation purposes and passive recreation by eminent domain or negotiated purchase or otherwise a certain property together with any buildings thereon, described as follows: land from William A. Dalzell, Jr., et al Trustees, off Dundee Circle, containing 5.5 acres, more or less, as shown on Assessor’s Map 52, Parcel X. Further described at the Barnstable County Registry of Deeds as: B8764 P005; that said land be conveyed to said Town of Harwich under the provisions of Massachusetts General Laws, Chapter 40, Section 8c, and as it may hereafter be amended and other Massachusetts Statutes relating to Conservation, to be managed and controlled by the Conservation Commission of the Town of Harwich, and the Conservation Commission be authorized to file on behalf of the Town of Harwich any and all applications deemed necessary for grants and/or reimbursements from the Commonwealth of Massachusetts deemed necessary under the Self-Help Act (Chapter 132A, Section 11) and/or any others in any way connected with the scope of this Article, and the Board of Selectmen be authorized to negotiate the purchase of said property and be authorized to make the decision to enter into any agreement to purchase said property, and the Board of Selectmen with the Conservation Commission be authorized to enter into all agreements and execute any and all instruments as may be necessary on behalf of Harwich to affect said purchase, and to act fully thereon. By Petition/Real Estate & Open Space Committee.

(Background Information/Justification) This article proposes to acquire open space for the Town. This language represents the requirements of the Self-Help Program.

ARTICLE 4. To see if the Town of Harwich will vote to raise and appropriate a sufficient sum of money and to authorize the Treasurer with the approval of the Board of Selectmen to purchase, or take by eminent domain, in accordance with M.G.L. Chapter 44, Section 8C, the sum of $250,000.00, for the purpose of purchasing for conservation purposes by eminent domain or negotiated purchase or otherwise a certain property together with any buildings thereon, described as follows: land from Charles P.H. Bascom, and others, off Bay Road, containing 9.21 acres more or less, as shown on Assessor’s Map 98, Parcel T6. Further described at the Barnstable County Registry of Deeds as: B984 P561; that said land be conveyed to said Town of Harwich under the provisions of Massachusetts General Laws, Chapter 40, Section 8c, and as it may hereafter be amended and other Massachusetts Statutes relating to Conservation, to be managed and controlled by the Conservation Commission of the Town of Harwich, and the Conservation Commission be authorized to file on behalf of the Town of Harwich any and all applications deemed necessary for grants and/or reimbursements from the Commonwealth of Massachusetts deemed necessary under the Self-Help Act (Chapter 132A, Section 11) and/or any others in any way connected with the scope of this Article, and the Board of Selectmen be authorized to negotiate the purchase of said property and be authorized to make the decision to enter into any agreement to purchase said property, and the Board of Selectmen with the Conservation Commission be authorized to enter into all agreements and execute any and all instruments as may be necessary on behalf of Harwich to affect said purchase, and to act fully thereon. By Petition/Real Estate & Open Space Committee.

(Background Information/Justification) This article proposes to acquire open space for the Town. This language represents the requirements of the Self-Help Program.

ARTICLE 5. To see if the Town will vote to direct the Board of Selectmen to appoint and charge a Community Center Facilities Committee consisting of three (3) members with three-year overlapping terms whose responsibilities shall include development, implementation and oversight of policies and procedures for the use of the shared areas of the Community Center and for the general operation and maintenance of the building and grounds, provided, however, that all such policies and procedures, including any revisions or additions thereto, shall be adopted subject to prior approval of the Board of Selectmen; development of recommendations to the Board of Selectmen and Town Administrator with respect to related staffing needs; development and submission, in accordance with established practice, of an annual budget to the Town Administrator for the maintenance and operation of the facility; and such other responsibilities relative to the use and maintenance of the facility as the Board of Selectmen may from time to time direct or charge and to act fully thereon. By request of the Board of Selectmen.

ARTICLE 6. To see if the Town will vote to amend the Zoning By-Laws as follows:

1. Amend Section III, Establishment of Zoning District, Paragraph A. Division into Districts by adding a new Zoning District as follows:

 

"Elderly Affordable Housing – E-A-H"

 

and by further amending Section III, Paragraph B Zoning Map as follows:

 

"The Zoning Map of the Town of Harwich is hereby amended to include the E-A-H District as shown on a sketch plan on file in the Office of the Town Clerk dated August 7, 1998."

 

2. Add a new Section XII as follows and re-number the remaining sections and any reference thereto in sequential order to follow the new Section XII:

1. Purpose - The purpose of this Section XII is to provide for elderly affordable housing. The Elderly Affordable Housing District is established as a special district which overlays an existing residential zoning district. The Elderly Affordable Housing District permits the development of elderly affordable housing units subject to the specific regulations and requirements contained in this Section XII, which regulations and requirements shall govern even where they are inconsistent with or less restrictive than the other requirements of the Zoning By-Law. The regulations of this Section XII relating to use, building and lot dimensions, development intensity, parking, ingress and egress, and Site Plan Review shall only apply to an Elderly Affordable Housing Development and not to any other use that is allowed or permitted in the underlying zoning district.

 

2. Relationship to Underlying District –

 

1. The Elderly Affordable Housing District shall overlay the underlying residential district so that any parcel of land lying in the Elderly Affordable Housing District shall also lie in the residential zone in which it is otherwise classified by this Zoning By-Law.

 

2. All regulations, requirements, and definitions contained in the Zoning By-Law shall apply within the Elderly Affordable Housing District to the extent they are not inconsistent with the specific provisions of this Section XII. To the extent any such provisions are inconsistent, the provisions of this Section XII shall prevail.

3. Definition –

1. Elderly Affordable Housing Development shall mean an affordable multi-

1. Permitted Uses –

 

1. Elderly Affordable Housing Development.

 

2. Dimensional and Bulk Requirements - An Elderly Affordable Housing

1. Parking Standards – one space per rental/dwelling unit.

ARTICLE 7. To see if the Town will vote to authorize the Board of Selectmen to acquire by gift, purchase, by eminent domain or otherwise for use as a site for an elderly affordable housing development, all or a portion of the land situated at Great Western Road shown on Town of Harwich Assessor’s Map 39 as Parcels C-15, M-8, and A4-8 consisting of approximately 10 acres and more particularly described in deeds recorded at the Barnstable County Registry of Deeds in Book 9728, Page 91 and Book 5892, Page 209; and to appropriate a sum of money for such acquisition, including expenses incidental and related thereto, and to decide whether such appropriation shall be raised by taxation, transfer from available funds, borrowing or otherwise; and to further authorize the Board of Selectmen to negotiate a land disposition agreement with a qualified non-profit corporation which agreement provides for the construction of an elderly affordable housing development on the land and to further authorize the Board of Selectmen to convey said land, subject to the terms of the land disposition agreement, to said qualified non-profit corporation for said purpose. Said land disposition agreement shall provide that if any such elderly affordable housing development shall not be constructed within three (3) years from the date of any such conveyance then title to the land shall revert back to the Town of Harwich and said land disposition agreement shall contain such other provisions as the Board of Selectmen deem appropriate and to act fully thereon. By request of the Board of Selectmen.

ARTICLE 8. To see if the Town will vote to raise and appropriate a sufficient sum of money to reimburse the Harwich Athletic Association for the cost of installing overhead power to the new scoreboard at Whitehouse Field and to McPhee Field and to act fully thereon. By Petition. (Cost: $3,500.00)

ARTICLE 9. To see if the Town will vote to transfer from Article 15 ATM-’98 (Ford LTD Executive) the sum of $1,700.00 to Article 15 ATM-’98 (Used Heavy Rescue) and to act fully thereon. By request of the Fire Chief.

ARTICLE 10. To see if the Town will vote to approve the Cape Light Compact Energy Efficiency Plan and the Compact’s submission of the Energy Efficiency Plan on the Town’s behalf to the Department of Telecommunications and Energy, and to authorize the Selectmen to approve such amendments or revisions to said Energy Plan as they may deem necessary or advisable, or the Town to take any other action relative thereto and to act fully thereon. By request of the Utility & Energy Conservation Commission.

Under the 1997 Electric Industry Restructuring Act, Harwich consumers are currently being charged for energy efficiency programs. Public aggregation programs such as the Cape Light Compact are allowed by the law to develop Energy Efficiency Plans to recover consumer funds and earmark them for use in the Town. Town Meeting approval is required before the plan can be submitted to the Department of Telecommunications and Energy (DTE) for review and approval. The purpose is to achieve consumer savings in Harwich, to protect the environment and to help stimulate local economy. There will be no cost to the Town.

ARTICLE 11. To see if the Town will vote to amend the Personnel Classification Plan, by adding the following positions:

ARTICLE 12. To see if the Town will vote to amend the Personnel By-Law by adding the following language to Part 6 Rate Increases and Longevity:

An employee appointed to an "Acting" position, at step 6 level of compensation, shall be considered for future longevity payments on the anniversary of his/her "Acting" appointment, rather than the date of his/her permanent appointment, if applicable. This section shall be retroactive to September, 1992, and to act fully thereon. By request of the Board of Selectmen.

ARTICLE 13. To see if the Town will vote to raise and appropriate a sufficient sum of money to pay unpaid bills of prior years as provided for in Chapter 179 of the Acts of 1941 and to act fully thereon. By request of the Golf Commission and Town Accountant.

Hereof fail not to make returns of this Warrant with your doings thereon at the time and place of said meeting.

Given under our hands this tenth day of August 1998.

_____________________________

Sandra B. Daniels, Chairman

_____________________________

Peter S. Hughes

_____________________________

Peter J. Luddy

_____________________________

Dana A. DeCosta

_____________________________

Cyd Zeigler

SELECTMEN OF HARWICH

A TRUE COPY ATTEST:

_____________________________

Constable