MOTION CHART Section 1-211

(Application of Rules is indicated by an X)

TOWN OF HARWICH

ANNUAL TOWN MEETING WARRANT

MAY 1, 2000

COMMONWEALTH OF MASSACHUSETTS

BARNSTABLE, ss:

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

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 Community Center Gymnasium, 100 Oak Street in said Town on Monday, May 1, 2000, at 7:00 P.M., then and there to act on the following articles:

ARTICLE 1. To choose various Town Officers and Committees.

ARTICLE 2. To hear the reports of all Town Officers and Committees for the year 1999.

ARTICLE 3. To see if the Town will vote to fix the salaries of the elected officials of the Town for the fiscal year commencing July 1, 2000 and ending June 30, 2001 as follows:

and to act fully thereon. Estimated cost: $56,847.00.

ARTICLE 4. To see if the Town will vote to raise and appropriate or transfer from available funds a sufficient sum of money to approve the establishment of or upgrade and fund the following positions and related expenses:

Principal Clerk (increase from part-time to full-time) $3,115.00

Community Center Manager $41,481.00

Custodian $30,318.00

Custodian $30,318.00

Custodian (1/2 time) $17,909.00

4 new Firefighters $204,610.00

and to act fully thereon. By request of the Board of Selectmen. Estimated cost: $327,751.00.

ARTICLE 5. To see if the Town will vote to raise and appropriate or transfer from available funds a sufficient sum of money to fund the position of Youth Counsellor and to act fully thereon. By request of the Board of Selectmen. Estimated cost: $50,000.00.

ARTICLE 6. To see if the Town will vote to amend the Personnel By-Law compensation plan by deleting it in its entirety, and substituting the following compensation plan in its place, and further to raise and appropriate or transfer from available funds a sufficient sum of money to pay the cost of a 3 % increase in compensation represented by the plan and to act fully thereon. By request of the Board of Selectmen. Estimated cost: $55,590.00.

ARTICLE 7. To see if the Town will vote to raise and appropriate or transfer from available funds a sufficient sum of money to be added to the Salary, Wage and Expense Accounts of the FY2001 Police budget to implement the contractual agreement between Local 392, International Brotherhood of Police Officers and the Town of Harwich and to act fully thereon. By request of the Board of Selectmen. Estimated cost:

ARTICLE 8. To see if the Town will vote to raise and appropriate or transfer from available funds a sufficient sum of money to be added to the Salary, Wage and Expense Accounts of the FY2001 Fire Department budget to implement the contractual agreement between Harwich Permanent Fire Fighters, Local 2124, International Association of Fire Fighters and the Town of Harwich and to act fully thereon. By request of the Board of Selectmen. Estimated cost:

ARTICLE 9. To see if the Town will vote to raise and appropriate or transfer from available funds a sufficient sum of money to be added to the Salary, Wage and Expense Accounts of the FY2001 budget to implement the contractual agreement between the Harwich Employees Association and the Town of Harwich and to act fully thereon. By request of the Board of Selectmen. Estimated cost:

ARTICLE 10. To see if the Town will vote to raise and appropriate or transfer from available funds a sufficient sum of money to be added to the Salary, Wage and Expense Accounts of the FY2001 Water Department budget to implement the contractual agreement between the Harwich Water Department Employees Association and the Town of Harwich and to act fully thereon. By request of the Board of Selectmen. Estimated cost:

ARTICLE 11. To see if the Town will vote to raise and appropriate or transfer from available funds a sufficient sum of money to be added to the Salary, Wage and Expense Accounts of the FY2001 Division of Highways & Maintenance budget to implement the contractual agreement between the Division of Highways & Maintenance and the Town of Harwich and to act fully thereon. By request of the Board of Selectmen. Estimated Cost:

ARTICLE 12. To see if the Town will vote to establish a Workers Compensation Trust Fund and to transfer any remaining insurance budget amount as of June 30, 2000 into that Trust Fund 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 or transfer from available funds such sums of money as may be required to defray Town charges for the Fiscal Year 2001 and to act fully thereon. (BUDGET – SEE APPENDIX B) Estimated cost: $30,220,712.00.

ARTICLE 14. To see if the Town will vote to raise and appropriate or transfer from available funds a sufficient sum of money to upgrade job descriptions and to conduct a classification and compensation plan for employees covered by the Personnel By-Law of the Town and to act fully thereon. By request of the Board of Selectmen. Estimated cost: $10,000.00.

ARTICLE 15. To see if the Town will vote to authorize its Treasurer to enter into a compensating balance agreement or agreements with banking institutions for fiscal year 2001 pursuant to Ch. 44, section 53F of the General Laws and to act fully thereon. Customary article.

ARTICLE 16. To see if the Town will assume liability in the manner provided by Section 29 of Chapter 91 of the General Laws as amended by Chapter 516 and 524, Acts of 1950, for all damages that may be incurred by work to be performed by the Department of Public Works of Massachusetts, for the improvement, development, maintenance and protection of tidal and non-tidal rivers, streams, harbors, tidewaters, foreshore and shores along a public beach outside of Boston Harbor, including the Merrimack and Connecticut Rivers in accordance with Section 11 of Chapter 91 of the General Laws and to authorize the Selectmen to execute and deliver a bond of indemnity to the Commonwealth. Customary article.

ARTICLE 17. To see if the Town will vote to adopt the capital plan for the ensuing five year period as adopted last year by the Town Meeting with a new fiscal year 2005 as proposed by the Board of Selectmen and set forth below or as amended by vote of the Town Meeting and to act fully thereon. By request of the Board of Selectmen.

ARTICLE 18. To see if the Town will vote to raise and appropriate or transfer from available funds a sufficient sum of money to purchase and equip a new engine (1500 gpm), and to further authorize trade-in or sale of the old vehicle or equipment to be used towards the purchase price of the new engine when the Board of Selectmen/Fire Chief determine that the vehicle or equipment cannot be utilized elsewhere in Town and to act fully thereon. By request of the Fire Chief. Estimated cost: $330,000.00.

ARTICLE 19. To see if the Town will vote to raise and appropriate or transfer from available funds a sufficient sum of money to purchase and equip an ambulance to replace Rescue 62; said vehicle to be traded as part of the final price and to act fully thereon. By request of the Fire Chief. Estimated cost: $128,540.00.

ARTICLE 20. To see if the Town will vote to raise and appropriate or transfer from available funds a sufficient sum of money to build and equip a new or renovated Administration building at Cranberry Valley Golf Course. The money to be spent under the direction of the Harwich Golf Commission and to act fully thereon. By request of the Golf Commission. Estimated cost: $600,000.00.

ARTICLE 21. To see if the Town will vote to raise and appropriate or transfer from available funds a sufficient sum of money to build and equip a new or renovated Maintenance building at Cranberry Valley Golf Course. The money to be spent under the direction of the Harwich Golf Commission and to act fully thereon. By request of the Golf Commission. Estimated cost: $100,000.00.

ARTICLE 22. To see if the Town will vote to raise and appropriate or transfer from available funds or borrow a sufficient sum of money to complete design development, detailed cost estimates, bid development and all other pre-construction activities and tasks related to the proposed Expansion and Renovation of the Elementary School and to act fully thereon. By request of the School Committee. Estimated cost: $650,000.00.

ARTICLE 23. To see if the Town will vote to raise and appropriate or transfer from available funds a sufficient sum of money to authorize the School Committee to provide by purchase, lease or lease purchase agreement hardware, software and computer support services to add new computers to the school system and to act fully thereon. By request of the School Committee. Estimated cost: $150,000.00.

ARTICLE 24. To see if the Town will vote to raise and appropriate or transfer from available funds a sufficient sum of money to fund the "Road Maintenance Program", as adopted in the Capital Plan, Article 11 of the Annual Town Meeting, May, 1999 and to act fully thereon. By request of the Assistant Director of Highways and Maintenance. Estimated cost: $500,000.00.

ARTICLE 25. To see if the Town will vote to raise and appropriate or transfer from available funds a sufficient sum of money to purchase and equip one (1) front end loader to replace one 1988 Michigan loader presently in use at the landfill; said vehicle to be traded as part of the final price and to act fully thereon. By request of the Assistant Director of Highways & Maintenance. Estimated cost: $125,000.00.

ARTICLE 26. To see if the Town will vote to raise and appropriate or transfer from available funds a sufficient sum of money to purchase and equip one (1) new street sweeper for use by the Highway Department and to act fully thereon. By request of the Assistant Director of Highways and Maintenance. Estimated cost: $125,000.00.

ARTICLE 27. To see if the Town will vote to raise and appropriate or transfer from available funds a sufficient sum of money for routine inspection and maintenance of the municipal water storage tanks and to act fully thereon. By request of the Board of Water Commissioners and Superintendent. Estimated cost: $175,000.00.

ARTICLE 28. To see if the Town will vote to raise and appropriate or transfer from available funds in accordance with Chapter 44 of the Massachusetts General Laws, or any other authorizing authority, the sum of three hundred twenty-two thousand, seven hundred eighty dollars and 39/100 ($322,780.00) to be reimbursed by funds made available by the Massachusetts Legislature as the State’s contribution for local road construction work under Chapter 90 of the General Laws and to act fully thereon. By request of the Assistant Director of Highways & Maintenance. Estimated cost: $322,780.00.

ARTICLE 29. To see if the Town will vote to raise and appropriate or transfer from available funds a sufficient sum of money to purchase and equip the following:

One (1) new 100 cubic yard trailer for C & D waste $39,000.00

and to pay for C & D waste disposal costs $300,000.00

and to act fully thereon. By request of the Assistant Director of Highways & Maintenance. Estimated cost: $339,000.00

ARTICLE 30. To see if the Town will vote to raise and appropriate or transfer from available funds a sufficient sum of money to purchase and equip the following vehicles:

1-two-ton fifteen passenger van $24,128.00

1-Service Van $19,882.00

1-1992 Dodge RAMWAG

1-1990 sedan

and to act fully thereon. By request of the Board of Selectmen. Estimated cost: $44,010.00

ARTICLE 31. To see if the Town will vote to raise and appropriate or transfer from available funds a sufficient sum of money to purchase and equip the following equipment for use by various Town Departments:

Highway Estimated Cost

Walk Behind Mower $6,000

Golf Department Estimated Cost for Package

200 Gallon Sprayer $97,000.00

Tee Mower

Greens Mower

Utility Tractor

Fairway Aerfiyer

Turf Gator

Blower

and to further authorize trade-in, or sale of old equipment toward the purchase price where the Board of Selectmen find that the equipment cannot be utilized elsewhere in Town and to act fully thereon. By request of the Board of Selectmen. Estimated cost: $103,000.00.

ARTICLE 32. To see if the Town will vote to raise and appropriate or transfer from available funds a sufficient sum of money for main station complex building rehabilitation and repairs and to act fully thereon. By request of the Board of Water Commissioners and Superintendent. Estimated cost: $23,600.00.

ARTICLE 33. To see if the Town will vote to propose the following amendment to the Harwich Home Rule Charter, to be approved by the voters at the next annual election: Chapter 2 – Town Meeting, Section 8 – Articles Having Fiscal Implications by removing paragraph 2-8-3 in its entirety and by adding the following new section;

"2-8-3 Unless the article has been submitted by Petition in accordance with Clause 2-4-1, no article calling for the appropriation of funds shall be included in any Special Town Meeting Warrant unless the proposed expenditure has been recommended by the Board of Selectmen." and to act fully thereon. By request of the Board of Selectmen.

ARTICLE 34. To see if the Town will vote to propose the following amendment to the Harwich Home Rule Charter, to be approved by the voters at the next annual election: Chapter 3 – The Board of Selectmen, Section 6 – Powers of Appointment, by adding the following new section;

"3-6-3 Unless otherwise governed by this Charter, Town Meeting, By-Law, General Laws of the Commonwealth, or the Constitution the Board of Selectmen shall have the authority to rescind any appointment of the Board." and to act fully thereon. By request of the Board of Selectmen.

ARTICLE 35. To see if the Town will vote to raise and appropriate or transfer from available funds a sufficient sum of money to conduct a study of the Town’s public safety offices, in particular the Fire and Police Departments; said study under the direction of the Board of Selectmen shall include but is not limited to staffing needs, call forces, provisional forces, special officers, overtime, equipment needs, vehicle needs and deployment, building needs, and overall operations and to act fully thereon. By request of the Board of Selectmen. Estimated cost: $20,000.00.

ARTICLE 36. To see if the Town will vote to accept the layouts of the following roads as laid- out by the Board of Selectmen:

Bova Cove Road, Harwich

Vineyard Lane, Harwich

Marie Lane, North Harwich

Henry Dunn Road, West Harwich

Dundee Circle, South Harwich

Old Post Road, East Harwich

and to authorize the Selectmen to purchase or take by eminent domain the land or interest in the land within said layouts for use as public ways and to raise and appropriate or transfer from available funds a sufficient sum of money for this purpose and to act fully thereon. By request of the Board of Selectmen.

ARTICLE 37. To see if the Town will vote to raise and appropriate or transfer from available funds a sufficient sum of money to help defray the expenses of the Chase Library and Harwich Port Library; said funds to be expended under the direction of the Board of Selectmen and to act fully thereon. By request of the Board of Selectmen. Estimated cost: $22,630.00

ARTICLE 38. To see if the Town will vote to accept the provisions of Massachusetts General Law Chapter 140, Section 147A thus withdrawing from the County Dog Fund System and to act fully thereon. By request of the Animal Control Officer.

ARTICLE 39. To see if the Town will vote to propose the following amendment to the General By-Law of the Town, to be approved at the next annual election by adding a new Article X to read as follows:

ARTICLE X

ANIMAL CONTROL BY-LAW

The following words and phrases shall have the following meanings:

ADOPTIONS: the delivery of a cat or dog to any person eighteen years of age or older for the purpose of harboring as a pet.

COMMERCIAL KENNEL: a kennel maintained as a business established for or to include the boarding or grooming of dogs.

DOG FUND: the fees, fines, and reimbursements collected in connection with the licensing of dogs and the enforcement of these rules and regulations.

DOG OFFICER OR ANIMAL CONTROL OFFICER: any officer appointed by the Board of Selectmen to enforce the laws relating to dogs.

KEEPER: any person, corporation or society, other than the owner, harboring or having in his possession any dog.

LICENSE PERIOD: the time between January first and December thirty-first, both dates inclusive.

LIVESTOCK OR FOWLS: animals or fowls kept or propagated by the owner for food or as a means of livelihood; also deer, elk, cottontail rabbits and northern hares, pheasants, quail, partridge, and those birds and quadrupeds determined by the department of fisheries and wildlife and environmental law enforcement to be wild and kept by, or under a permit from said department in proper houses or suitably enclosed yards. Such phrase shall not include dogs, cats and other pets.

RESEARCH INSTITUTION: any institution operated by the United States or by the Commonwealth or a political subdivision thereof, or any school or college of medicine, public health, dentistry, pharmacy, veterinary medicine or agriculture, medical diagnostic laboratory or biological laboratory, hospital or other educational or scientific establishment within the Commonwealth above the rank of secondary school, which in connection with any of its activities, investigates or gives instructions concerning the structure or functions of living organisms or the causes, prevention, control or cure of diseases or abnormal conditions of human beings or animals.

SHELTER: an animal control facility or any other facility which is operated by any organization or individual for the purpose of protecting animals from cruelty, neglect, or abuse.

MULTIPLE PET HOUSEHOLD: more than three dogs over the age of six (6) months of age at a single private residence.

1. Any dog which, according to the records of the Animal Control Officer or other appropriate authority, has inflicted severe injury on a human being without provocation on public or private property or,
2. Any dog which, according to the records of the Animal Control Officer or other appropriate authority, has killed a domestic animal without provocation while off the owner’s or keeper’s property.

LICENSES AND TAGS: A person residing in the Town of Harwich who, at the beginning of a license period, is or who, during a license period, becomes the owner or keeper of a dog six (6) months old or older, shall cause the dog to be licensed within thirty (30) days. The clerk of the Town shall issue dog licenses and tags on a form prescribed and furnished by the Town. Subject to the approval of the Board of Selectmen, the Town may permit licensing to be conducted through the mail.

On the license form the clerk shall record the name, address, and phone number of the owner or keeper of the dog, as well as the name and description of the dog and the license number. Each tag shall include the license number, the name of the Town and the year of issue.

The owner or keeper of the dog shall cause the dog to wear around its neck or body a collar or harness to which the license tag shall be securely attached. In the event that any tag becomes lost, defaced, or destroyed, substitute tags shall be obtained by the owner or keeper from the Town Clerk at the cost of one (1) dollar.

The Town Clerk shall not issue a license for any dog unless the owner or keeper provides the clerk with a veterinarian’s certificate verifying that the dog is currently vaccinated against rabies.

The fee for each dog license shall be ten (10) dollars unless a certificate from a veterinarian stating that the dog has been spayed or neutered is presented to the clerk, in which case the fee shall be six (6) dollars. No fee shall be charged for a dog specially trained to lead the blind or serve a blind or deaf person upon presentation to the clerk of a certificate of such training.

The clerk may collect a late fee of five (5) dollars for every dog license issued after the thirty day period.

Any owner or keeper of a dog who moves into the Town of Harwich and has a valid dog license for his/her dog from another city or town in the Commonwealth may obtain a dog license, upon forfeiture of the old license, for one (1) dollar.

License fees shall not be refunded because of the subsequent death, loss, transfer of ownership, spaying or neutering, or removal from town.

Whoever, as owner or keeper of a dog, fails to license such dog later than thirty (30) days after a license period begins shall be subject to a fine of twenty five (25) dollars.

The owner or keeper of a dog or cat, which has reached the age of six (6) months shall cause such dog or cat to be kept currently vaccinated against rabies. Such vaccinations can only be given by a licensed veterinarian. Upon vaccination, the veterinarian shall provide a tag which the owner or keeper shall secure to the collar or harness of the dog or cat. The tag shall show the year the vaccination was given, a rabies tag number, and the name of the veterinary clinic or hospital. The veterinarian shall prepare three copies of a rabies certificate, which shall specify the name and address of the owner or keeper of the dog or cat, the name and description of the dog or cat, the rabies tag number, and the expiration date of the vaccine. The veterinarian shall present one copy of the certificate to the owner or keeper of the dog or cat, one copy to the Town Clerk, and shall keep one copy for his/her files.

Unvaccinated dogs or cats acquired or brought into the Town of Harwich shall be vaccinated within thirty (30) days or upon reaching the age of six (6) months whichever comes first.

Whoever as owner or keeper fails to vaccinate a dog or cat six (6) months old or older shall be subject to a fine of fifty (50) dollars.

IMPOUNDED DOGS

It shall be the duty of the Animal Control Officer or any Police Officer to apprehend any dog found running at large and to impound such dog in a holding facility designated by the Town of Harwich for holding such dogs. The Animal Control Officer shall keep a record of each dog impounded which shall contain the breed, description and sex of the dog, where the dog was apprehended and whether the dog was wearing a collar and whether or not the dog was licensed. If licensed, the license number and the name and address of the owner or keeper are to be included.

The owner or keeper shall claim the impounded dog if:

1. The owner or keeper presents a valid dog license and
2. The owner or keeper pays all impoundment fees and
3. The owner or keeper provides his/her name and address.

No person owning or keeping a dog shall allow or permit said dog to annoy another person’s reasonable right to peace and/or privacy by making loud and/or continuous noise where such noise is plainly audible at one hundred fifty (150) feet from the buildings, structure, vehicle or premises in which or from which such noise is produced, and/or such noise is continuous in excess of ten (10) minutes regardless of the time of day or night. The fact that such noise is plainly audible at said distance and/or continuous in excess of ten (10) minutes shall constitute Prima Facie evidence of a violation of this By-Law.

VIOLATIONS AND PENALTIES

Whoever as owner or keeper of a dog violates the provisions of this section shall be subject to a fine of fifty (50) dollars.

A kennel maintained as a business for the boarding and/or grooming of dogs shall obtain a Commercial Kennel License upon written application and the payment of fifty (50) dollars. Each kennel shall be available for inspection by the Animal Control Officer, a Police Officer, or the Board of Health.

Any owner or keeper of more than three (3) dogs but less than seven (7) shall obtain a kennel license for a Multiple Pet Household upon payment of twenty five (25) dollars. The owner or keeper shall present to the Town Clerk verification that all dogs six (6) months old or older have been currently immunized against rabies.

A veterinary hospital within the Town of Harwich shall not be considered a kennel unless it contains an area for boarding and/or grooming in which case it shall obtain a Commercial Kennel License.

The clerk shall issue without a charge a kennel license to any domestic charitable corporation incorporated exclusively for the purpose of protecting animals from cruelty, neglect, or abuse.

Whoever as the owner or keeper fails to obtain an appropriate kennel license shall be subject to a fine of one hundred (100) dollars.

No dog or horse shall be allowed in any cemetery within the Town of Harwich whether it is accompanied by the owner or keeper, on or off leash, or while running at large.

Whoever, as the owner or keeper of a dog or horse that knowingly or unknowingly allows a dog or horse to be in a cemetery, shall be subject to a fine of fifty (50) dollars.

Any veterinarian who renders emergency care or treatment to, or disposes of a dog or a cat that has been injured on any way within the Town of Harwich shall receive payment from the owner or keeper of such dog or cat, if known, or if not known, from the Town of Harwich in the amount of fifty (50) dollars for such care, treatment or disposal. Treatment shall be for the purpose of maintaining life, stabilizing, or alleviating suffering until the owner or keeper of such dog or cat is identified or for any period of twenty four (24) hours, whichever is sooner. Any veterinarian who renders such emergency care or treatment to, or disposes of such dog or cat shall notify the Animal Control Officer and upon notification the Animal Control Officer shall assume control of such dog or cat.

ANTI-RABIC VACCINE AND TREATMENT

The Board of Health of the Town of Harwich shall furnish free of charge upon application of any resident thereof who has been or may have been exposed to rabies, anti-rabic vaccine and treatment in accordance with the rules and regulations of the Department of Public Health and accepted medical practice. Such person shall have the right to select his/her own physician who shall be paid by the Town of Harwich at a rate established by the Board of Health.

Any person or persons found guilty of a violation of any provisions of Section 77, 80A, 94, or 95 of Chapter 272 of the Massachusetts General Laws shall forfeit the right to own or keep any animal within the Town of Harwich and must immediately, upon conviction, surrender all animals in his/her possession.

Whoever upon conviction of Section 77, 80A, 94, or 95 of Chapter 272 of the Massachusetts General Laws fails to surrender his/her animals shall be subject to a fine of one hundred (100) dollars. Each day shall constitute a separate violation.

Whoever suffers loss by the worrying, killing or maiming of livestock or fowl by dogs shall inform the Animal Control Officer who shall forthwith proceed to the scene to view the damage, and determine if the damage was done, in fact, by dogs and, if so, appraise the amount of the damage if it does not exceed fifty (50) dollars.

If, in the opinion of the Animal Control Officer, the damage exceeds fifty (50) dollars, the damage shall be appraised, on oath by three persons, one of whom shall be the Animal Control Officer, one shall be appointed by the person alleged to have suffered the damage, and the third to be appointed by the other two.

The said appraisers shall consider and include in such damages the number and kind of animals damaged, the extent of the damage and the appropriate weight of the damaged animals. The appraisers will also note in their report whether or not any animals were sent for veterinary treatment in an effort to save them, and the number and kind of such animals. Such report will be filed in the office of the Town Clerk within ten (10) days of said appraisal. The clerk shall submit said appraisal reports to the Board of Selectmen for payment. The Board of Selectmen may require the appraisers to provide additional information that they may deem appropriate in accordance with the reports of the appraisers.

No owner of livestock or fowl shall be reimbursed for damages inflicted by his/her own dog or dogs, nor shall he/she be reimbursed if the owner or keeper of the dog inflicting the damage is known to him/her or to the Animal Control Officer. No reimbursement shall be made in the case of damage to deer, elk, cottontail rabbits, northern hares, pheasants, quail, partridge and other livestock or fowl determined by the Department of Fish and Wildlife to be wild. No reimbursement shall be made for damages unless the livestock or fowl are kept in proper housing or enclosed areas. No reimbursement shall be made for damage done by a dog to dogs, cats and other pets. Awards for damages in no case shall exceed the fair cash market value of such livestock or fowl.

The owner or keeper of a dog which has done damage to livestock or fowl shall be liable for such damage, and the Selectmen may order the owner or keeper of said dog to pay such damages after an investigation by the Animal Control Officer of the facts of the matter and an appraisal by the Animal Control Officer, one person chosen by the person sustaining the damage, and a third person chosen by the other two. The appraisers will submit a report to the Selectmen stating the type of damage, the number and kind of animals damaged and whether any animals required medical treatment by a veterinarian to save them.

In the event the owner or keeper of such dog known to have done damage to livestock or fowl refuses to pay upon the order of the Selectmen, the Selectmen shall enter or cause to be entered a complaint in the District Court for the enforcement of the order.

All dogs owned or kept within the Town of Harwich shall at all times be kept securely restrained by means of a suitable leash, rope or chain which effectively confines the dog to the property owned, occupied or controlled by the dog's owner or keeper, provided, however, a dog in the presence of its owner or keeper or responsible person having charge thereof and under the control of said person, need not be restrained by means of a rope, leash or chain or confined to the property of such person so long as such control is effective in preventing the dog from damaging property or harassing persons.

Whoever as owner or keeper fails to restrain his/her dog shall be subject to a fine of fifty (50) dollars and to act fully thereon. By request of the Animal Control Officer.

ARTICLE 40. To see if the Town will vote to instruct the Selectmen to disburse the funds allocated by the State under the Acts of 1960, as amended by the Acts of 1963, Chapter 672, and as further amended by the Acts of 1970, Chapter 636, and the Acts of 1971, Chapter 1003, Mass. General Laws, Section 19C, and to expend the refunded dog tax for support of Brooks Free Library in accordance with customary procedures and to act fully thereon. By request of the Trustees, Brooks Free Library.

ARTICLE 41. To see if the Town will vote to raise and appropriate or transfer from available funds a sufficient sum of money to maintain and/or certify real and personal property valuations and to act fully thereon. By request of the Board of Assessors. Estimated cost: $20,000.00.

(TAX DEFERRAL)

ARTICLE 42. To see if the Town will vote to adopt a higher maximum qualifying gross receipts amount for the purposes of real estate tax deferrals for qualifying persons age 65 and over, as provided in G.L. c.59 Section 5, Clause 41A and to accept and adopt Chapter 138, Section 126 of the Acts of 1991, said change to take effect for FY 2001 or to take any other action relative thereto and to act fully thereon. By request of the Board of Assessors.

ARTICLE 43. To see if the Town will vote to raise and appropriate or transfer from available funds a sufficient sum of money to build two (2) new tennis courts at Brooks Park and re-surface the four (4) existing courts and to act fully thereon. By request of the Recreation and Youth Department. Estimated cost: $61,000.00.

ARTICLE 44. To see if the Town will vote to accept G.L. c. 44 §53D, which provides for a revolving fund for recreation and park services, or take any other action relative thereto and to act fully thereon. By request of the Recreation Director.

ARTICLE 45. To see if the Town will vote to discontinue any use of the following described parcels for Town highway purposes:

Two parcels of land shown on Assessor’s Map #82 and labeled Town of Harwich within Lot A-1, which parcels are also shown as "Town of Harwich Parcel 62-T" and "Town of Harwich Parcel 63-T" on a plan of land entitled "Plan of Land in Harwich, Mass., of Land Taking for Cape Cod Regional Technical High School, Scale 1"= 60’ Dec. 1, 1971 Charles N. Savery, Inc. Registered Engineers and Land Surveyors, Hyannis – South Yarmouth", which plan is recorded in the Barnstable County Registry of Deeds in Plan Book 251, Page 64 or take any other action relative thereto and to act fully thereon. By request of the Board of Selectmen.

ARTICLE 46. To see if the Town will vote to raise and appropriate or transfer from available funds a sufficient sum of money and authorize the Board of Water Commissioners to purchase or take by eminent domain a certain parcel of land in Pleasant Lake adjacent to the Mid-Cape Highway bounded and described as follows:

The property containing 2.04 acres, more or less, and shown as Parcel 1 on a plan of land entitled "Plan of Land in Harwich, Mass. as surveyed for Ruth & Isabelle Ayoob, Scale 1" = 50’, March 1964, Schofield Brothers Registered Civil Engineers & Land Surveyors, Orleans & Framingham, Mass." which plan is recorded in the Barnstable County Registry of Deeds in Plan Book 189, Page 39. Said property is also shown as Parcel Z1 on the Town of Harwich Assessor’s Map 92.

Said acquisition to be for the purpose of a new water storage tank and to act fully thereon. By request of the Board of Water Commissioners and Superintendent. Estimated cost: $65,000.00.

ARTICLE 47. To see if the Town will vote to raise and appropriate or transfer from available funds a sufficient sum of money to bring Town water to the Administration and Maintenance buildings at Cranberry Valley Golf Course. The money to be spent under the direction of the Harwich Golf Commission and to act fully thereon. By request of the Golf Commission. Estimated cost: $68,000.00.

ARTICLE 48. To see if the Town will vote to raise and appropriate or transfer from available funds a sufficient sum of money to replace the boating courtesy floats at Round Cove and Wychmere Harbor and to act fully thereon. By request of the Harbormaster/Natural Resources Director. Estimated cost: $15,000.00.

ARTICLE 49. To see if the Town will vote to raise and appropriate or transfer from available funds a sufficient sum of money to upgrade wiring and replace twelve (12) power centers at Saquatucket Marina and to act fully thereon. By request of the Harbormaster/Natural Resources Director. Estimated cost: $11,280.00.

ARTICLE 50. To see if the Town will vote to raise and appropriate or transfer from available funds a sufficient sum of money to replace the power distribution vault at Saquatucket Harbor and to act fully thereon. By request of the Harbormaster/Natural Resources Director. Estimated cost: $4,200.00.

ARTICLE 51. To see if the Town will vote to raise and appropriate or transfer from available funds a sufficient sum of money, and give approval to: widen the parking lot at Saquatucket Harbor to ease boat trailer parking in the east lot; expand an additional 42 car parking spaces in the west lot; resurface and improve all paved surfaces and to authorize the Town to apply for and accept any reimbursing funds or grants available for this purpose and to act fully thereon. By request of the Harbormaster/Natural Resources Director. Estimated cost: $90,000.00.

ARTICLE 52. To see if the Town will vote to establish a fee of $60.00 for any person intending to act as a hawker or peddler on behalf of a Town charitable or non-profit organization as defined in Paragraph 4 of the regulations relative to Hawkers and Peddlers adopted by the Board of Selectmen on December 13, 1999, and further authorize the Board of Selectmen to waive such fee if it be deemed in the best interest of the Town and charitable organization to do so and to act fully thereon. By request of the Board of Selectmen.

ARTICLE 53. To see if the Town will vote to revise the language under Article VII, The Harwich Wetland Protection By-Law, Section 7.5 to read:

Section 7.5 – Except as provided in M.G.L. c 131, section 40 for maintenance dredging, a permit shall expire three years from the date of issuance. Notwithstanding the above, the Commission in its discretion may issue a permit for up to five years from the date of issuance where special circumstances warrant and where those special circumstances are set forth in the permit. A permit may be extended for one or more periods of up to three years, provided that a request for renewal is received in writing by the Commission thirty days prior to the expiration of the permit. The Commission may deny the request for an extension and require the filing of a new Notice of Intent for the remaining work in the following circumstances:

1. Where no work has begun on the project, except where such failure is due to an unavoidable delay, such as appeals, in the obtaining of other necessary permits.
2. Where new information, not available at the time the Order was issued, has become available and indicates that the Order is not adequate to protect the interests identified in M.G.L. c.131, s 40;
3. Where work has been done in violation of the order or 310 CMR 10.00.

Notwithstanding the above, a permit may contain requirements which shall be enforceable for a stated number of years, indefinitely, or until permanent protection is in place and shall apply to all owners of the land, now and in the future and to act fully thereon. By request of the Conservation Commission.