TOWN OF
To either of the Constables of the Town of
Greetings:
In the name of the
ARTICLE 1. To choose various Town Officers and Committees.
THE FINANCE COMMITTEE
RECOMMENDS THAT THIS ARTICLE BE ACCEPTED AND ADOPTED. CUSTOMARY ARTICLE. VOTE 8 TO 0.
ARTICLE 2. To hear reports of all Town Officers and Committees for the year 2002.
THE FINANCE COMMITTEE
RECOMMENDS THAT THIS ARTICLE BE ACCEPTED AND ADOPTED. CUSTOMARY ARTICLE. VOTE 8 TO 0.
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, 2003 and ending June 30, 2004 as follows:
Selectmen (5)................................................ $1,500.00 (each)
Moderator.................................................................. $300.00
Town Clerk........................................................... $51,951.00
Water Commissioners (3)................................. $500.00 (each)
and to act fully thereon. Estimated cost: $61,251.00.
THE FINANCE COMMITTEE RECOMMENDS THAT THIS
ARTICLE BE ACCEPTED AND ADOPTED AS FOLLOWS:
SELECTMEN
(5)................................... $1,500.00
(EACH)
MODERATOR....................................................... $300.00
TOWN
CLERK.................................................. $51,951.00
WATER
COMMISSIONERS (3)............ $500.00
(EACH)
TO SET SALARIES OF ELECTED OFFICIALS. VOTE 8 TO 0.
FUND
NEGOTIATED CONTRACT – FIRE FIGHTERS
ARTICLE 4. 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 FY 2004 Fire Department budget to implement the new 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: $_________________.
NO RECOMMENDATION PENDING FURTHER
INFORMATION.
ARTICLE 5.
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 FY 2004 Police
Department budget to implement the new contractual agreement between the Local
392 of the International Brotherhood of Police Officers and the Town of
NO RECOMMENDATION PENDING FURTHER
INFORMATION.
ARTICLE 6.
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 FY 2004 Police
Department budget to implement the new contractual agreement between the
Harwich Superior Officers Association Local 589 and the Town of
NO RECOMMENDATION PENDING FURTHER
INFORMATION.
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 FY 2004 Division
of Highways & Maintenance budget to implement the new contractual agreement
between the Highways & Maintenance Employees Association and the Town of
NO RECOMMENDATION PENDING FURTHER
INFORMATION.
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 FY 2004 budget to
implement the new contractual agreement between the Harwich Employees
Association and the Town of
NO RECOMMENDATION PENDING FURTHER
INFORMATION.
ARTICLE 9. To see if the Town will vote to raise and appropriate or transfer from available funds a sufficient sum of money to amend the Personnel By-Law compensation plan for FY 2004 as follows, and to act fully thereon. By request of the Board of Selectmen. Estimated cost: $17,920.00.
THE FINANCE COMMITTEE RECOMMENDS THAT THIS
ARTICLE BE ACCEPTED AND ADOPTED.
ESTIMATED COST: $17,920. TO FUND
COST OF LIVING INCREASES FOR NON-UNION EMPLOYEES. VOTE 8 TO 0.
INSERT PERSONNEL COMPENSATION PLAN HERE
ARTICLE 10. 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 2004 and to act fully thereon. (BUDGET – SEE APPENDIX B). Estimated cost: $38,604,367.00.
THE FINANCE COMMITTEE RECOMMENDS THAT THIS
ARTICLE BE ACCEPTED AND ADOPTED.
ESTIMATED COST: $38,638,581. VOTE
8 TO 0.
ARTICLE 11. To see if the Town will vote to adopt the Capital Plan for the ensuing seven year period as adopted last year by the Town Meeting with new fiscal year 2010 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.
THE FINANCE COMMITTEE RECOMMENDS THAT THIS
ARTICLE BE ACCEPTED AND ADOPTED. PRUDENT
FINANCIAL PLANNING. VOTE 8 TO 0.
INSERT CAPITAL PLAN HERE
INSERT CAPITAL PLAN HERE
FUND
HUMAN SERVICES
ARTICLE 12. To see if the Town will vote to raise and appropriate or transfer from available funds ($74,627.18) Seventy Four Thousand Six Hundred Twenty-Seven and 18/100 Dollars to help defray the expenses of the following named Human Service Agencies and Organizations, said funds to be expended under the direction of the Board of Selectmen, and to act fully thereon. By Petition.
Independence House, Inc.
Nauset, Inc.
Harwich Meals on Wheels, Inc.
Sight Loss Services, Inc.
Cape Cod Child Development, Inc.
The Family Pantry Corporation
Harwich Ecumenical Council for the Homeless (HECH)
(includes Children’s Community Center & Youth Ministry)
South Shore Mental Health, Inc.
Cape Cod Human Services, Inc.
Legal
Services of
Lower Cape Outreach Council, Inc.
Interfaith
Council for the Homeless of
Eastwind Serve
CARE
(
THE FINANCE COMMITTEE
RECOMMENDS THAT THIS ARTICLE BE ACCEPTED AND ADOPTED AT $72,807. TO LEVEL FUND SUPPORT FOR HUMAN
SERVICES. VOTE
INTERIM AND LONG
TERM POLICE STATION IMPROVEMENTS
ARTICLE 13. To see if the Town will vote to raise and appropriate or transfer from available funds a sufficient sum of money to retain design services for assessing the future needs of the department and to commence with repairs and renovations to the existing police building which will address and improve health, safety, maintenance, and operating conditions and to act fully thereon. By request of the Chief of Police. Estimated cost: $140,000.00.
THE FINANCE COMMITTEE
RECOMMENDS THAT THIS ARTICLE BE ACCEPTED AND ADOPTED. ESTIMATED COST: $140,000. FOR DESIGN SERVICES AND TO MAKE NECESSARY
REPAIRS. VOTE 8 TO 0.
INTEGRATED POLICE
COMPUTER SYSTEM (PHASE I)
ARTICLE 14. To see if the Town will vote to raise and appropriate or transfer from available funds a sufficient sum of money for replacement of the existing in-house computer mainframe, host, and initial programming for police records management, police and fire department computer aided dispatch, and support platform and to act fully thereon. By request of the Chief of Police. Estimated cost: $195,000.000.
THE FINANCE COMMITTEE RECOMMENDS THAT THIS ARTICLE BE ACCEPTED AND ADOPTED. ESTIMATED COST: $195,000. TO REPLACE FAILING COMPUTER TECHNOLOGY. VOTE 8 TO 0.
PROJECT
CONTEMPORARY COMPETITIVENESS
ARTICLE 15. To see if the Town will vote to raise and appropriate or transfer from available funds for the Board of Selectmen and School Committee to award scholarships to eighth and ninth grade Harwich students to participate in Project Contemporary Competitiveness at Bridgewater State College; said monies to be used to defray the cost of tuition and related expenses, and to act fully thereon. By request of the School Committee.
Estimated cost: $8,000.00.
THE FINANCE COMMITTEE
RECOMMENDS THAT THIS ARTICLE BE ACCEPTED AND ADOPTED. ESTIMATED COST: $8,000. TO TAKE ADVANTAGE OF AN EDUCATIONAL
MEDICAID BILLING
SERVICES FOR SCHOOL DEPARTMENT
ARTICLE 16. To see if the Town will vote to raise and appropriate or transfer from available funds a sufficient sum of money to fund a part-time School Department Medicaid Billing Clerk and fund billing services to be provided by a third party vendor in order to obtain Medicaid reimbursement for deposit to the Town General Fund, and to act fully thereon. By request of the School Committee. Estimated cost: $22,478.00.
THE FINANCE COMMITTEE
RECOMMENDS THAT THIS ARTICLE BE ACCEPTED AND ADOPTED. ESTIMATED COST: $22,478. TO COLLECT MEDICAID ENTITLEMENTS. VOTE 7 TO 1.
DISBURSE STATE
FUNDS FOR AID TO HARWICH LIBRARIES
ARTICLE 17. 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, for aid to Harwich Libraries in accordance with customary procedure and to act fully thereon. By request of the Trustees of Brooks Free Library.
THE FINANCE COMMITTEE
RECOMMENDS THAT THIS ARTICLE BE ACCEPTED AND ADOPTED. CUSTOMARY ARTICLE. VOTE 7 TO 1.
PURCHASE/EQUIP NEW
AMBULANCE
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 Type III, Class I, Emergency Medical Vehicle, and to trade a 1998 Ford E450 Type III, Class I, Emergency Medical Vehicle and to act fully thereon. By request of the Fire Chief. Estimated cost: $150,000.00.
THE FINANCE COMMITTEE
RECOMMENDS THAT THIS ARTICLE BE ACCEPTED AND ADOPTED. ESTIMATED COST: $150,000. PUBLIC SAFETY. VOTE 8 TO 0.
PURCHASE/EQUIP
VEHICLES
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 the following vehicles:
Division of Highways & Maintenance Estimated
Cost
One (1) new ¾ ton Pickup Truck with plow package $28,000.00
One (1) new Roll-Off Trailer $50,000.00
and to further authorize trade-in or sale of the following old vehicle toward the purchase price where the Board of Selectmen find that the vehicle cannot be utilized elsewhere in Town:
Division of Highways & Maintenance
One (1) 1983 Ford Crew Cab Pickup Truck
and to act fully thereon. By request of the Board of Selectmen. Estimated cost: $78,000.00.
THE FINANCE COMMITTEE
RECOMMENDS THAT THIS ARTICLE BE INDEFINITELY POSTPONED. ESTIMATED COST: $78,000. NO FUNDS AVAILABLE. VOTE 8 TO 0.
PURCHASE/LEASE
VARIOUS NEW EQUIPMENT
ARTICLE 20. To see if the Town will vote to raise and appropriate or transfer from available funds a sufficient sum of money to lease for up to five (5) years or to purchase outright and equip the following equipment for use by various Town departments:
Golf Department Estimated Lease Cost Estimated Purchase Cost
One (1) Tractor/Loader/Backhoe $6,372.00 $25,000.00
Three (3) Bunker Machines @ $6,400 each $4,416.00 $19,200.00
Three (3) Utility Vehicles @ $10,000 each $6,720.00 $30,000.00
Three (3) Fairway Mowers @ $30,666 each $21,000.00 $92,000.00
Three (3) Greens Mowers @ $12,333 each $8,460.00 $37,000.00
Two (2) Rotary Mowers @ $8,500 each $3,888.00 $17,000.00
One (1) Spinner Topdresser $2,400.00 $11,000.00
One (1) Sweeper/Vacuum $1,704.00 $7,500.00
Division
of Highways & Maintenance
One (1) Athletic Infield Preparation Machine $12,000.00
and to act fully thereon. By request of the Board of Selectmen.
THE FINANCE COMMITTEE RECOMMENDS THAT THIS ARTICLE BE ACCEPTED AND
ADOPTED. ESTIMATED COST: $52,804. TO REPLACE AGING EQUIPMENT AT GOLF
COURSE. VOTE 8 TO 0.
PURCHASE
NEW DECK FOR DISPOSAL AREA SCALE
ARTICLE 21. To see if the Town will vote to raise and appropriate or transfer from available funds a sufficient sum of money to purchase and install one new 3-Section Steel Deck for the Scale at the Disposal Area. By request of the Acting Director of the Division of Highways & Maintenance. Estimated cost: $25,000.00.
THE FINANCE COMMITTEE RECOMMENDS THAT THIS ARTICLE BE ACCEPTED AND
ADOPTED. ESTIMATED COST: $25,000. TO PROPERLY CHARGE FOR DEBRIS. VOTE 8 TO 0.
CHAPTER
90 ROAD MAINTENANCE
ARTICLE 22. To see if the Town will vote to raise and appropriate, transfer from available funds, and/or borrow in accordance with Chapter 44 of the Massachusetts General Laws, or any other authorizing authority, a sufficient sum of money 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 (funds authorized under Chapter 246 of the Acts of 2002), and to act fully thereon. By request of the Acting Director of the Division of Highways & Maintenance. Estimated cost: $322,663.16.
THE FINANCE COMMITTEE RECOMMENDS THAT THIS ARTICLE BE ACCEPTED AND
ADOPTED. ESTIMATED COST: $322,663.16.
NECESSARY FOR ROAD MAINTENANCE. VOTE 7
TO 1.
HERRING
RUN RACEWAY REPLACEMENT
ARTICLE 23. To see if the Town will vote to raise and appropriate or transfer from available funds a sufficient sum of money to replace the steel raceway ladder at Johnson’s Flume and seek and accept any contributions from state or federal sources for this purpose and to act fully thereon. By request of the Natural Resources Director. Estimated cost: $43,750.00.
THE FINANCE COMMITTEE RECOMMENDS THAT THIS ARTICLE BE ACCEPTED AND
ADOPTED. LIFT FOR THE FISH. VOTE 8 TO 0.
FUND
NEW WELL SOURCE EXPLORATION PHASE II
ARTICLE 24. To see if the Town will vote to raise and appropriate or transfer from available funds a sufficient sum of money for the purpose of New Well Source Exploration Phase II, which will allow us to drill wells and to test for quality and quantity of water that could be available. Said funds to be expended under the direction of the Board of Water Commissioners and Superintendent, and to act fully thereon. By request of the Board of Water Commissioners. Estimated cost: $170,000.00.
THE FINANCE COMMITTEE RECOMMENDS THAT THIS ARTICLE BE ACCEPTED AND
ADOPTED. ESTIMATED COST: $170,000. TO IDENTIFY NEW WATER SOURCES. VOTE 7 TO 1.
CHANGE
SENIOR EXEMPTION FROM $500 TO $600
ARTICLE 25. To see if the Town will vote to accept certain provisions of Chapter 184 Section 51 of the acts of 2002 amending General Laws Section 5 Clause 41-C as follows: Change the amount of the Senior Exemption from $500.00 to $600.00 only. This change to take effect for FY 2004, and to act fully thereon. By request of the Board of Assessors. Estimated cost: $6,000.00.
THE FINANCE COMMITTEE RECOMMENDS THAT THIS ARTICLE BE ACCEPTED AND
ADOPTED. ESTIMATED COST: $6,000. TAX RELIEF FOR INCOME ELIGIBLE ELDERLY. VOTE 7 TO 1.
INSTALL WELL AT WHITEHOUSE FIELD
ARTICLE 26. To see if the Town will vote to raise and appropriate or transfer from available funds a sufficient sum of money to provide a well at Whitehouse Field and to act fully thereon. By request of the Recreation and Youth Commission. Estimated cost: $9,840.00.
THE FINANCE COMMITTEE RECOMMENDS THAT THIS ARTICLE BE INDEFINITELY
POSTPONED. ESTIMATED COST: $9,840. INSUFFICIENT FUNDS. VOTE 7
TO 1.
FUND
BUILDING MAINTENANCE – SCHOOLS
ARTICLE 27. To see if the Town will vote to raise and appropriate or transfer from available funds a sufficient sum of money to fund building maintenance at the Middle and High Schools; said funds to be utilized to accomplish the extraordinary maintenance goals set forth by the school administration in the third year of its 5-year maintenance plan, and to act fully thereon. By request of the School Committee. Estimated cost: $65,500.00.
THE FINANCE COMMITTEE RECOMMENDS THAT THIS ARTICLE BE INDEFINITELY
POSTPONED. ESTIMATED COST: $65,500. INSUFFICIENT FUNDS. VOTE
DEFRAY
EXPENSES – CHASE AND HARWICH PORT LIBRARIES
ARTICLE 28. 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 the 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.
THE FINANCE COMMITTEE RECOMMENDS THAT THIS ARTICLE BE INDEFINITELY
POSTPONED. ESTIMATED COST: $22,630. INSUFFICIENT FUNDS. VOTE
ESTABLISH
ARTICLE 29. To see if the Town will vote to adopt a betterment program pursuant to the provisions of Chapter 80, Section 1 of the Massachusetts General Laws for the purpose of improving certain private 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. Estimated cost: $0.
THE FINANCE COMMITTEE RECOMMENDS THAT THIS ARTICLE BE ACCEPTED AND
ADOPTED. TO IMPROVE
ADOPT
PLEASANT BAY RESOURCE MANAGEMENT PLAN UPDATE
ARTICLE 30. To see if the Town will vote to adopt the Pleasant Bay Resource Management Plan Update developed in accordance with the Pleasant Bay Resource Management Plan adopted by the Town in 1998, and the Intermunicipal Agreement with the towns of Orleans and Chatham, authorized by the Town in 1998; and to authorize the Board of Selectmen to enter into a successor Intermunicipal Agreement, as amended by the Board of Selectmen, with one or more of the aforementioned towns for the purpose of continuing the Pleasant Bay Resource Management Alliance to implement the plan and plan update, and to act fully thereon. By request of the Board of Selectmen.
THE FINANCE COMMITTEE RECOMMENDS THAT THIS ARTICLE BE ACCEPTED AND
ADOPTED. TO CONTINUE THE ONGOING
PLAN. VOTE 8 TO 0.
ACQUIRE
ARTICLE 31. To see if the Town will vote to authorize and direct the Board of Selectmen to acquire by gift, by purchase, by eminent domain or otherwise, for any of the purposes specified in the Cape Cod Land Bank Act (Chapter 293 of the Acts of 1998, as amended by Section 211 of Chapter 127 of the Acts of 1999) all or a portion of the land owned by Peter Copelas located in North Harwich and shown as Lots 1, 2, 3, 4, 5 and 6 and the fee in Wind Drift Way and Eastgate Road on a plan recorded at the Barnstable County Registry of Deeds in Plan Book 573 Page 83, and containing 7.86 acres, more or less, and which lots are also shown on Harwich Assessor’s Map 79 as Parcels A1-1, A1-2, A1-3, A1-4, A1-5, A1-6 and further described in deeds recorded in the Barnstable County Registry of Deeds Book 3213 Page 319 and Book 7789 Page 217, and to raise and appropriate, or transfer from available funds, or borrow a sufficient sum of money for such acquisition, and further to authorize the Board of Selectmen and/or the Conservation Commission to file on behalf of the Town 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, §11) and/or any others in any way connected with the scope of this article, and further to authorize the Board of Selectmen to negotiate the purchase of the land and to make the decision to enter into any agreement to purchase the land and to execute any and all instruments as may be necessary on behalf of the Town and to act fully thereon. By request of the Real Estate and Open Space Committee. Estimated Cost: $1,100,000.00.
THE FINANCE COMMITTEE RECOMMENDS THAT THIS ARTICLE BE ACCEPTED AND
ADOPTED. ESTIMATED COST: $1,100,000. TO ACQUIRE LAND FOR OPEN SPACE. VOTE 7 TO 0 WITH 1 ABSTAINING.
INSERT MAP 79 HERE – ARTICLE 31
RESCIND
UNUSED BONDING AUTHORIZATION
ARTICLE 32. To see if the Town will vote to rescind the action taken under the following Articles:
1. Article 70 of the May 1, 2000 Annual Town Meeting which authorized the borrowing of the sum of $202,000.00 for the purpose of acquiring land owned by Joan L. Rider, Trustee located off Church Street in Harwich;
2. Article
72 of the May 1, 2000 Annual Town Meeting which authorized the borrowing of the
sum of $70,200.00 for the purpose of acquiring land now or formerly owned by
Louise D. Caruso et al located off Halls Path and
3.
Article 61 of the
4. Article 62 of the May 7, 2001 Annual Town Meeting which authorized the borrowing of the sum of $25,000.00 for the purpose of acquiring land owned now or formerly by the White Family located off Chatham Road in Harwich;
and to act fully thereon. By request of the Real Estate and Open Space Committee.
THE FINANCE COMMITTEE
RECOMMENDS THAT THIS ARTICLE BE ACCEPTED AND ADOPTED. TO RECYCLE UNUSED LAND BANK FUNDS. VOTE 8 TO 0.
ARTICLE 33. To see if the Town will vote to transfer and dedicate Parcel D-3 as shown on Assessor’s Map 5, containing approximately 6.5 acres of land, for the purpose of providing beach area, parking and related facilities, and the construction of affordable housing; and/or for the sale of a portion of that parcel to raise revenue for the support of affordable housing and development of beach related facilities; and to further authorize the Board of Selectmen to negotiate other provisions as the Board deems necessary and appropriate to carry out the purposes of this article including, but not limited to, design, construction, management, and deed restrictions mandating that the parcels and eventual improvements used for housing be held affordable in perpetuity and that the parcels and improvements used for recreation purposes be held in perpetuity for that purpose and to act fully thereon. By request of the Harwich Housing Committee.
THE FINANCE COMMITTEE
RECOMMENDS THAT THIS ARTICLE BE INDEFINITELY POSTPONED. PRESERVATION OF OPEN SPACE. DECISION OF STATE LEGISLATURE WOULD BE NEEDED
TO MAKE CHANGE OF USE. VOTE 8 TO 0.
INSERT MAP 5 HERE- ARTICLE 33
ARTICLE 34. To see if the Town will vote to transfer and dedicate Parcel G3-1 as shown on Assessor’s Map 53, containing approximately 9 acres of land for the construction of affordable housing and to further authorize the Board of Selectmen to negotiate other provisions as the board deems necessary and appropriate to carry out the purposes of this article including, but not limited to, design, construction, management, and deed restrictions mandating that the parcels and eventual improvements be held affordable in perpetuity, and to act fully thereon. By request of the Harwich Housing Committee.
THE FINANCE COMMITTEE
RECOMMENDS THAT THIS ARTICLE BE INDEFINITELY POSTPONED. INSUFFICIENT INFORMATION PROVIDED. VOTE 8 TO 0.
ARTICLE 35. To see if the Town will vote to transfer and dedicate Parcel A1-3 as shown on Assessor’s Map 71, containing approximately 6.5 acres of land, and Parcel A1-4 as shown on Assessor’s Map 71, containing approximately 1.04 acres of land for the construction of affordable housing and to further authorize the Board of Selectmen to negotiate other provisions as the board deems necessary and appropriate to carry out the purposes of this article including, but not limited to, design, construction, management, and deed restrictions mandating that the parcels and eventual improvements be held affordable in perpetuity, and to act fully thereon. By request of the Harwich Housing Committee.
THE FINANCE COMMITTEE
RECOMMENDS THAT THIS ARTICLE BE INDEFINITELY POSTPONED. INSUFFICIENT INFORMATION PROVIDED. VOTE 8 TO 0.
INSERT MAP 53 HERE – ARTICLE 34
INSERT MAP 71 HERE – ARTICLE 35
ARTICLE 36. To see if the Town will vote to transfer and dedicate Parcel E4-2 as shown on Assessor’s Map 21, containing approximately .54 acres of land for the construction of affordable housing and to further authorize the Board of Selectmen to negotiate other provisions as the board deems necessary and appropriate to carry out the purposes of this article including, but not limited to, design, construction, management, and deed restrictions mandating that the parcels and eventual improvements be held affordable in perpetuity, and to act fully thereon. By request of the Harwich Housing Committee.
THE FINANCE COMMITTEE
RECOMMENDS THAT THIS ARTICLE BE INDEFINITELY POSTPONED. INSUFFICIENT INFORMATION PROVIDED. VOTE 8 TO 0.
ARTICLE 37. To see if the Town will vote to transfer and dedicate Parcel S6-15 on Assessor’s Map 74, containing approximately .17 acres of land for the construction of affordable housing and to further authorize the Board of Selectmen to negotiate other provisions as the board deems necessary and appropriate to carry out the purposes of this article including, but not limited to, design, construction, management, and deed restrictions mandating that the parcels and eventual improvements be held affordable in perpetuity, and to act fully thereon. By request of the Harwich Housing Committee.
THE FINANCE COMMITTEE RECOMMENDS THAT THIS ARTICLE BE INDEFINITELY POSTPONED. INSUFFICIENT INFORMATION PROVIDED. VOTE 8 TO 0.
INSERT MAP 21 HERE – ARTICLE 36
INSERT MAP 74 HERE – ARTICLE 37
PETITION FOR
LEGISLATION FOR EXEMPTION FROM PARKING FINE LIMITATION
ARTICLE 38. To see if the Town will vote to authorize the Selectmen to petition the General Court to enact special legislation to exempt the Town of Harwich from the provisions of Massachusetts General Law, Chapter 90, Section 20A ½ regarding limitations on parking fines and permit the Town to establish, through its by-laws, fines for general parking violations not exceeding $50, if paid within 21 days, not exceeding $55, if paid after 21 days but before the parking clerk reports to the Registrar of Motor Vehicles, and not exceeding $70 after violation has been reported to the Registrar of Motor Vehicles, and fines for beach and harbor parking violations not to exceed $125, $130, and $145 respectively and to act fully thereon. By request of the Chief of Police.
THE FINANCE COMMITTEE
RECOMMENDS THAT THIS ARTICLE BE ACCEPTED AND ADOPTED. TO PROVIDE FOR BETTER ENFORCEMENT OF PARKING
REGULATION. VOTE
ACCEPT ROAD
LAYOUTS
ARTICLE 39. To see if the Town will vote to accept the layout of the following roads as laid out by the Board of Selectmen:
and to authorize the Selectmen to purchase or take by eminent domain the land or interest in the land within said layout for use as a public way 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.
THE FINANCE COMMITTEE
RECOMMENDS THAT THIS ARTICLE BE ACCEPTED AND ADOPTED. CUSTOMARY ARTICLE. VOTE 8 TO 0.
LEASE OF
TOWN-OWNED PROPERTIES
ARTICLE 40. To see if the Town will vote to authorize the long-term lease of one or more Town-owned properties for a period of time sufficient to allow the restoration of these historic properties and the return on investment to the lessee; the properties to be considered for lease by the Town are identified as follows;
1) South Harwich Methodist Church, 270 Chatham Road, South Harwich as shown on Assessor’s Map 34 as Parcel N-3.
2) West Harwich School House, 5 Bell’s Neck Road, West Harwich as shown on Assessor’s Map 10 as Parcel 61.
3) former Recreation Building, 265 Sisson Road, Harwich as shown on Assessor’s Map 40 as Parcel Z-5.
Said leases to be in accordance with such terms and conditions as the Board of Selectmen shall determine, and to act fully thereon. By request of the Board of Selectmen.
THE FINANCE COMMITTEE
RECOMMENDS THAT THIS ARTICLE BE INDEFINITELY POSTPONED. INSUFFICIENT INFORMATION. VOTE 7 TO 1.
ACCEPT PROVISIONS
OF MASSACHUSETTS GENERAL LAW RELATIVE TO ESTABLISHING AN
ARTICLE 41. To see whether or not the Town of Harwich will accept the provisions of Chapter 44, Section 53F-1/2, Massachusetts General Laws, an act authorizing cities and Towns to establish an Enterprise Fund, and to act fully thereon. By request of the Board of Water Commissioners.
NO RECOMMENDATION
PENDING FURTHER INFORMATION.
ESTABLISH
ARTICLE 42. To see whether or not the Town of Harwich will establish the Harwich Water Department as an Enterprise Fund in accordance with the provisions of Chapter 44, Section 53F-1/2, Massachusetts General Laws, and to act fully thereon. By request of the Board of Water Commissioners.
NO RECOMMENDATION PENDING FURTHER INFORMATION.
AMEND
ZONING BY-LAW – SIGN REGULATIONS
ARTICLE 43. To see if the Town will vote to amend the
Town of Harwich Zoning By-law, Section VII (Sign Regulations) by deleting it in
its entirety and replacing it with the following, and to act fully
thereon. By request of the Planning
Board.
SECTION VII
SIGN REGULATIONS
1.00
PURPOSE AND SCOPE:
A.
The purpose of this regulation is to
permit signs which facilitate communication, promote the safety of motorists
and pedestrians, and encourage economic development by identifying businesses
and other land uses in ways that complement and enhance the environment.
B.
This sign regulation provides a permitting
system to govern the placement of advertising and other informational signs
both outdoors and within two (2) feet of any window within the Town of
1.01
RELATIONSHIP TO OTHER BYLAWS:
A.
Nothing in this bylaw shall be construed
as exempting an applicant from any other applicable town, county, state, or
federal bylaws.
B.
To the extent that the requirements of
this bylaw differ from, or are not in accordance with any other applicable
requirements, the more restrictive requirements shall apply.
1.02
DEFINITIONS:
BOARD:
The Harwich Zoning Board of Appeals.
BUILDING
OFFICIAL: The
CLUSTER
SIGN: Any sign identifying a business, commercial or
industrial development which provides one space per business entity within the
development.
GROUND
SIGN: A sign supported by poles, uprights or braces
extending from the ground but not attached to any part of a building.
SIGN:
Sign shall mean and include every advertising message, announcement,
declaration, demonstration, illustration, insignia, surface or space erected or
maintained in view of the observer thereof primarily for identification,
advertisement, or promotion of the interest of any person, entity, product, or
service. The definition of a sign shall also include the sign structure,
supports, lighting system, and any attachments, flags, ornaments or other
features used to draw the attention of observers. Indoor or outdoor displays of merchandise for
sale at retail on the premises shall not be considered a sign for the purposes
of this by-law. The following are
examples of signs:
A-Frame/Easel/Sandwich Signs: Usually a
double-faced, free-standing, portable sign
Awning/Canopy Signs: Signage affixed to
awnings/canopies associated with a business entity.
Display Box/Menu Board Sign:
Usually a free-standing or wall sign, or an erasable chalk board, sometimes
enclosed in glass, for the purpose of displaying menus, entertainment
announcements or similar items or events.
Window Signs: Signage displayed within
two (2) feet of windows primarily for view from outside the business entity.
SIGN
PERMIT: A permit issued by the Building Department for
the erection, construction, enlargement, alteration, repair, or improvement of
any sign.
WALL
SIGN: A sign attached to, painted on, or erected
against a wall or roof of a building or structure which extends no more than
thirty-six (36) inches from the surface upon which it is attached and whose
display surface is either parallel or perpendicular to the face of the building
and does not exceed the height of the building on which it is mounted.
Projecting wall signs must have at least eight (8) feet of ground clearance.
1.03
PERMIT REQUIREMENTS:
A.
Before any sign is erected, constructed,
structurally altered or moved, it shall conform to the requirements contained
in this bylaw and shall be approved and shall have received a permit from a
Building Official unless the sign is expressly exempted herein from the
provisions of this bylaw.
B.
Before any commercial sign receives a
permit from a Building Official it shall be reviewed by the Architectural
Advisory Committee.
C.
A pre-application conference with the
Building Department is encouraged in order for the applicant to become
acquainted with application procedures, design standards, and related Town
ordinances.
1.04
SIGNS ALLOWED WITHOUT PERMITS:
The following signs do not count towards the
total permitted signage unless
otherwise indicated, do not require a permit and shall comply as follows:
BUSINESS
HOUR SIGNS: "Open/closed" and related
hours-of-operation signs which do not exceed one (1) square foot.
CAUTIONARY
SIGNS: Signs warning of prohibited activities such as
trespassing, hunting, fishing, or swimming may be posted on each lot line,
however, no signs may be within one hundred feet (100’) of each other. Cautionary signs are limited to one (1)
square foot or less per sign.
CONSTRUCTION
SIGNS: A temporary wall or ground sign not more than
eight (8) square feet advertising the construction, remodeling or rebuilding of
a certain structure for a permitted use on which the signs are located. One
sign shall be allowed per lot, shall not be illuminated and shall be removed
immediately upon final inspection.
DIRECTIONAL
SIGN: Any on-premise sign that directs the movement
or placement of pedestrian or vehicular traffic without reference to or
inclusion of, the name of a product sold or services performed.
ELECTION/TOWN
MEETING SIGN: Any sign erected by the Town of
HOME
OCCUPATION SIGNS: Signs identifying any home occupation as defined by the Harwich Zoning
Bylaw shall be limited to a wall or
a ground sign. The total square
footage of any home occupation sign shall not exceed four (4) square feet in
area and may be illuminated in
commercial zones per section 1.07 of this bylaw. Wall signs may be attached to any structure
and/or fence.
“OPEN”
FLAG: One “open” flag per business establishment
shall be allowed and shall not exceed twenty-four (24) square feet in size.
POLITICAL
CAMPAIGN SIGNS: Political signs which do not exceed
eight (8) square feet per sign face are permitted. Campaign signs are allowed
in all zoning districts with the authorization of the owner of the property on
which the sign is displayed. Campaign
signs are prohibited on Town-owned property, including road rights-of-way. The
signs must be removed within one week following the date of the election.
PUBLIC
SIGNS: Signs required or authorized for a public
purpose by law or statute.
REAL
ESTATE SIGNS: A temporary wall or ground sign not more than
eight (8) square feet advertising the sale, rental, or lease of a designated
structure or land area for a permitted use on which the signs are located. One
sign shall be allowed per street frontage, shall not be illuminated, and shall
be removed immediately once the property is rented, leased or sale is
completed.
RESIDENTIAL
QUARTERBOARD: A traditional quarterboard, not to exceed
eighteen (18) inches in height or ten (10) feet in length. A residential quarterboard shall not
advertise a business or profession.
SPECIAL
EVENT FLYERS: Flyers for special events measuring not more
than two (2) square feet in total area shall be permitted for display in the
windows of non-residential uses. For
those flyers not displayed in windows, they may not be attached to trees,
utility poles or be located within a public right-of-way. Such flyers may be
erected no sooner than two weeks before the event, and shall be removed within
72 hours after the event; but in no event shall a flyer be erected more than 30
days.
SUBDIVISION
SIGNS: Subdivision signs are limited to a maximum of twenty (20) square feet
per sign and may not exceed six (6) feet in height. One sign may appear at each entrance. Illumination of subdivision signs is
prohibited.
TEMPORARY
SIGNS: Signs of more than two (2) square feet in area advertising a special event. Notice of such signs shall be required to be
filed by the sponsoring organization with a Building Official prior to display.
Such signs may be erected no sooner than two weeks before the event, and shall
be removed within 72 hours after the
event; but in no event shall a sign be
erected more than 30 days.
UMBRELLA
SIGNS: Signage as part of an umbrella that advertises a product for sale on the
premises. Umbrellas containing the name
of a particular establishment shall count against the establishment’s total
signage.
VENDING
MACHINES: The portion of any internally illuminated vending machine
which advertises a product shall be counted against the total allowable signage
unless it is completely shielded from public view by a fence or other
barrier.
WATER
DEPARTMENT SIGN: Any sign erected by the Town of Harwich
Water Department to alert the public to any drinking water related event,
including but not limited to flushing of pipes and water use restrictions. The location and size of these signs are to be
determined by the Water Superintendent with the input of a Building Official.
1.05
COMMERCIAL, INDUSTRIAL AND BUSINESS CLUSTER SIGNS:
Business, commercial, or industrial developments
may construct one cluster sign containing the name of the development and/or
listings of individual businesses, products or services within the development.
Signage at the location of each establishment within the development is also
allowed per Sections 1.07 through 1.09 of this bylaw.
1.06
NON-CONFORMING SIGNS:
Lawfully pre-existing signs that do not comply with
the provisions of this bylaw at the time of its adoption may be maintained so
long as they are kept in a state of good repair as specified in Section 1.08 of
this bylaw, and so long as they are not relocated, replaced or structurally
altered. Pre-existing signs that are relocated, replaced, structurally altered
or not kept in a state of good repair as specified in Section 1.08 of this
by-law, shall not be allowed to continue as non-conforming signs and shall
require new permits and compliance with this by-law. A lawfully pre-existing non-conforming sign
destroyed by natural disaster or accident can be replaced by a sign of the same
dimensions in the same location as the original sign.
1.07
GENERAL REQUIREMENTS:
A.
Sign placement shall not interfere with snow
removal, or vision or movement of motorists, pedestrians and bicyclists.
B.
Signs shall be externally lit or backlit
only and shall be designed, installed and maintained so as to eliminate or
minimize upward directed light and glare and so that lights illuminate only the
sign, and not property which adjoins or is nearby. Luminous tube/neon/internally illuminated
signs are permitted to be displayed in windows only. The total area of all luminous
tube/neon/internally illuminated signs shall not exceed six (6) square
feet. No animated signs are permitted.
C.
No ground sign may exceed twelve (12)
feet in height.
1.08
CONSTRUCTION AND MAINTENANCE:
A.
All signs and sign structures shall be
constructed of materials of sufficient strength and quality to withstand
weathering or deterioration by wind, moisture and other natural elements, and
shall be maintained in a state of good repair with all braces, bolts,
supporting framework, fastenings, lettering and design work free from
deterioration.
B.
A Building Official shall have the
authority to order the repair, alteration or removal of any sign or structure
which constitutes a hazard to public health and safety, or which is otherwise
not in compliance with this bylaw.
1.09
SIGN AREA MEASUREMENT:
A.
For single tenant businesses accessed
directly from a street, right-of-way or parking area, the maximum permitted
sign per public entrance façade shall
be forty-eight (48) square feet.
B.
Buildings within a project or premise,
having more than one (1) tenant or use, shall provide a Master Sign Plan for
the entire structure or project for review and approval by the Planning Board
prior to any sign permit approval by a Building Official. Once the Planning Board has approved a Master
Sign Plan, further approval by the Planning Board will only be required if
there are changes to the structure in question that would require Site Plan
Review pursuant to Section X.K of the Harwich Zoning By-law. For office buildings, shopping plazas and
shopping centers, a cluster sign of up to sixty square feet (60 sq. ft.) is
permitted as part of the Master Sign Plan to identify the name of the complex
and each individual tenant, plus each tenant may have signage at the location
of their business of up to forty-eight square feet (48 sq. ft.) per entrance
façade.
Total sign area within the Master
Sign Plan is subject to the size limitations of this Section. Sign area cannot
be transferred to a single building or facade from other buildings in the
project. In addition, the amount of
signage assigned to a specific space in a building shall be tied to that space
through the lease or purchase agreement.
Under no circumstances may the sign area designated for an individual
space be transferred to another space in the same building or complex. In the case where a single tenant occupies
more than one space, the sign area may be combined for as long as a single
tenant occupies both spaces. If the
spaces are separated, the original sign area will be returned to each individual
space.
C.
The area of a sign face shall be computed
by measurement of the smallest square, circle, rectangle, triangle, or
combination thereof that will encompass the extreme limits of the writing,
representation, emblem, or other display. This shall include any material or
color forming an integral part of the background of the display or used to
differentiate the sign from the backdrop or structure against which it is
placed. The area calculation shall not include structural supporting framework,
bracing or wall. If any advertising is present
on the supports of a sign, the area of the supports will count towards the
total allowable signage. Where there are two faces back to back, the
total area of the largest face shall determine the area of the sign.
D.
Where two faces are placed at greater
than thirty degree (30°) angles to one another, the sign area shall mean the
total area of both faces.
1.10 APPEALS:
Any applicant, who believes a denial is not
justified, has the right to appeal to the Board, and to appear at a meeting for
which proper notice can be given and agenda time is available. Intention to
take an appeal to the Board shall be filed with the Town Clerk in writing
within thirty (30) business days following the denial of the permit by a Building Official, pursuant to Chapter
40A. Applicants appealing to the Board
may request review of the decision of the Building Official or a variance to
the Sign Regulation pursuant to MGL Chapter 40A Section 10.
1.11
VIOLATIONS OF THIS BY-LAW:
Violation of this By-law is subject to enforcement action
through the Building Department pursuant to Section X D of the Town of
If any provision of this By-law is held invalid
by a court of competent jurisdiction, the remainder of the By-law shall not be
affected thereby. The invalidity of any
section or sections or parts of any section or sections of this By-law shall
not affect the validity of the remainder of the Harwich Zoning By-law.
THE
FINANCE COMMITTEE RECOMMENDS THAT THIS ARTICLE BE ACCEPTED AND ADOPTED. TO CLARIFY CURRENT BY-LAW. VOTE 8 TO 0.
AMEND
ZONING BY-LAW – HOME OCCUPATION
ARTICLE 44. To see if the Town will vote to amend the
Town of
5. Any
sign erected to advertise a home occupation as defined in this by-law shall
conform to the requirements set forth in Section VII (Sign Regulations) of this
by-law.
THE
FINANCE COMMITTEE RECOMMENDS THAT THIS ARTICLE BE ACCEPTED AND ADOPTED. TO CLARIFY CURRENT BY-LAW. VOTE 8 TO 0.
AMEND ZONING BY-LAW – SIX PONDS SPECIAL DISTRICT
ARTICLE 45.
To see if the Town will vote to amend the Town of Harwich Zoning By-law,
Section XVII (Six Ponds Special District) As approved by Special Town Meeting
August 6, 2001 by making the following changes, and to act fully thereon. By request of the Planning Board.
Under 1.0 (Purposes), delete all bullets, and replace with consecutive numbers 1 through 10 for each of the 10 purposes listed.
Under 2.1 (Zoning Districts), delete the bullets adjacent to the bolded words “Zone A” in the second paragraph and “Zone B” in the fourth paragraph.
Under 3.0 (Definitions), delete “Section 81” and replace
with “Sections 81K-81GG” so that it reads: Grid Subdivision (GS). A subdivision
consistent with MGL Chapter 41, Sections 81K-81GG and the Town of
Under 4.1 (Conditional Uses), third paragraph (Within the
underlying residential district), delete bullets and number the paragraphs
consecutively from 1 to 6.
Under 4.1 (Conditional Uses), third paragraph (Within the
underlying residential district), fifth bullet, delete “Section 81” and replace
with “Sections 81K-81GG” to the end of the sentence so that it reads: “Grid
Subdivision consistent with MGL Chapter 41, Sections 81K-81GG and the Town of
Harwich Rules and Regulations.”
Under 6.2.3, third sentence, delete the word “utilities” and replace with the word “utility” so that it reads: “Tunneling for utility installation…”
Under 7.2, delete letters (a), b), c), etc…) and number
the paragraphs consecutively from 1 to 5.
Under 8.2 (Design Guidelines), delete bullets and number the paragraphs consecutively from 1 to 5.
Under 9.1 (Application), delete “Section 81” and replace with “Sections 81K-81GG” so that it reads: “A Flexible Cluster Development or Grid subdivision as defined in MGL Chapter 41, Sections 81K-81GG …”
Under 9.7 (Common Open Space), delete letters (a), b), c),
etc…) and number the paragraphs consecutively from 1 to 4.
Under 9.8 (Common Open Space Ownership and Management), delete letters (a), b), c), etc…) and number the paragraphs consecutively from 1 to 3.
Under 9.91 (Submission Requirements), second number 4, delete paragraph number and replace with the number 5, so the numbers are consecutive.
THE FINANCE COMMITTEE
RECOMMENDS THAT THIS ARTICLE BE ACCEPTED AND ADOPTED. TO CLARIFY CURRENT BY-LAW. VOTE 8 TO 0.
APPROVE REVISED
CEMETERY RULES AND REGULATIONS
ARTICLE 46. To see if the Town will vote to approve the
revised Harwich Cemetery Department Rules and Regulations as submitted by the
Harwich Cemetery Commission, and to act fully thereon. By request of the Harwich Cemetery
Commission.
Rules
and Regulations of Harwich Cemeteries
1.
Town Cemeteries
are open daily from dawn to dusk.
Any
activity that encroaches on individual lots or graves is prohibited.
1.
Burial lots in the
cemeteries shall be used for no other purpose than a place for the interment of
the human dead, or marker monuments. Any other memorial structures must be
approved by a majority of the Cemetery Commissioners.
2.
No interment shall
be made until the Cemetery Administrator or designee has been furnished with a
burial permit and/or cremation certificate as required by law, together with a
written order/interment form from the legal owner, or the legal representative
of the right of burial in the lot in which interment is to be made. No grave
shall be opened for interment or removal, unless the opener has been authorized
by the Cemetery Commission, and the area has been flagged by Cemetery
personnel.
3.
All interments
shall be enclosed in a cement vault except: infants shall require a fiberglass
container thirty (30) inches or less in length; cremations shall require an urn
or other permanent container.
1.
Cemetery personnel
shall, upon request furnish to residents/town employees who desire to purchase
rights of burial in lots or graves, information relative to the cost of the
same and the conditions upon which interments may be made.
3.
Assignment of
right of burial shall be arranged by first contacting the Cemetery
Administrator. An assignment form needs to be filled in, notarized and
submitted to the Cemetery Administrator in order to ensure accurate recording
of all assignments.
7.
All work performed
on graves or lots by the owners, or by their order, shall be performed only
with prior authorization of Cemetery personnel, in order to preserve as much as
possible the natural appearance of cemeteries.
IV. Markers, Headstones, Monuments
1.
The following
size, length, width, and lot restrictions apply:
A. SINGLE
sixteen (16)
inches. Headstones and monuments not exceed eighteen (18) inches
wide by six (6)
inches deep by twenty-two (22) inches high. The base for a
headstone or
monument is not to exceed twenty-four (24) inches wide by twelve
(12) inches
deep by six (6) inches vertical.
B. DOUBLE
(42) inches wide
by six (6) inches deep by thirty-six (36) inches high. Alternative:
Mark as single
lots as defined above.
C. TRIPLE
Alternative: Mark as single lots as defined above.
D. FOUR or MORE LOTS - Markers, headstones or monument length not to
exceed sixty
(60) inches wide by sixteen (16) inches deep by twenty (20) inches
high. Each lot
may instead/also have a flat foot marker not to exceed twenty-
eight (28)
inches in length by sixteen (16) inches in width.
2.
No markers,
headstones, monuments, curbing or other structure will be permitted to be erected in the
cemeteries without a sufficient foundation. All markers, headstones, monuments
and other structures shall be made of granite, marble, slate, or boulder. All
monuments are to be centered at the head of lot or centered at the mid-line.
3.
A marble or
granite bench will be allowed on a lot as the only permanent, central, inscribed, memorial; therefore both a
monument and a bench are not permitted.
4.
Cremation lot –
only one flush marker is permitted; upright monuments are prohibited due to
space limitations.
Under the administrative direction of the Town
Administrator and the policy direction of the Cemetery Commissioners, the
Cemetery Administrator, shall have overall responsibility for the proper
administration of Town Cemeteries in accordance with these rules and
regulations and applicable Federal and State laws. The Town of
Bank Street Burial Ground,
Congregational Church Cemetery,
Hawks Nest Cemetery, corner of Spruce and Walker Roads,
Methodist Church Cemetery, corner Queen Anne Rd. & Church Street, EH
North Harwich Cemetery, corner Depot
THE FINANCE COMMITTEE RECOMMENDS THAT THIS ARTICLE BE
ACCEPTED AND ADOPTED. TO CLARIFY
CEMETERY REGULATIONS. VOTE
REPLENISH POLICE & FIRE CLAIMS TRUST FUND
ARTICLE 47. To see if
the Town will vote to raise and appropriate or transfer from available funds a
sufficient sum of money to replenish the Police and Fire Claims Trust Fund in
order to pay certain medical bills related to police officer or fire fighter
line of duty illness or injury and to act fully thereon. By request of the Board of Selectmen. Estimated cost: $5,000.00.
THE FINANCE COMMITTEE RECOMMENDS THAT THIS ARTICLE BE
ACCEPTED AND ADOPTED. ESTIMATED COST:
$5,000. TO PAY CLAIMS. VOTE 8 TO 0.
CREATE “HALL OF FAME” FOR HARWICH CITIZENS
ARTICLE 48. To see if
the Town will vote to authorize the Board of Selectmen to create a “Hall of
Fame” to honor the past residents and influential people who have contributed
to the town and have made it the special place we call home. Nominees to the Hall of Fame shall be
presented to the Board of Selectmen prior to November 1st each
calendar year. The Board shall then
choose Inductees, using guidelines set forth by the Board, and present the
names at the next annual town meeting. A
photo and brief description or plaque of the Inductee shall then be hung in a
designated hallway at the Community Center, and to act fully thereon. By request of the Board of Selectmen. Estimated cost: $100.00 (per Inductee).
THE FINANCE COMMITTEE RECOMMENDS THAT THIS ARTICLE BE
ACCEPTED AND ADOPTED. TO RECOGNIZE
CONTRIBUTION. VOTE
PROMOTE TOWN OF
ARTICLE 49. To see if
the Town will vote to raise and appropriate or transfer from available funds a
sufficient sum of money for the Harwich Chamber of Commerce to promote the Town
of
THE FINANCE COMMITTEE RECOMMENDS THAT THIS ARTICLE BE
INDEFINITELY POSTPONED. ESTIMATED COST:
$12,000. CANNOT AFFORD AT THIS
TIME. VOTE
DEFRAY EXPENSES OF HARWICH ATHLETIC ASSOCIATION
ARTICLE 50. 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 cost of the Harwich Athletic
Association in sponsoring the Harwich Mariners, a member of the Cape Cod
Baseball League, and other community athletic events; said money to be spent
under the direction of the Board of Selectmen, and to act fully thereon. By Petition.
Estimate cost: $3,000.00.
THE FINANCE COMMITTEE RECOMMENDS THAT THIS ARTICLE BE
INDEFINITELY POSTPONED. ESTIMATED COST:
$3,000. CANNOT AFFORD AT THIS TIME. VOTE
ADOPT BUYBACK PROVISION FOR CALL FIREFIGHTERS
ARTICLE 51. To see if
the Town will vote to accept the provisions of the Massachusetts General Laws,
Chapter 32, Section 4 (b ½) as amended which provides:
In any city, town, or fire district, which
accepts the provisions of this paragraph, service as a permanent-intermittent
or call firefighter shall be credited as full-time service as provided in
paragraph (b), except that credit for such service shall not be conditioned
upon the appointment of said permanent-intermittent or call fire fighter as a
permanent member of the fire department.
This paragraph shall take effect in a city by vote of the city council
in accordance with its city charter; in a town which maintains a separate
contributory retirement system by vote of town meeting; in a town whose
eligible members are members of the county retirement system of the county
wherein such town lies by vote of the town meeting; in a district which
maintains a separate contributory retirement system by vote of the district
meeting, and in a district the eligible employees of which are members of a county
retirement system by vote of the district meeting, and to act fully
thereon. By Petition.
NO
RECOMMENDATION PENDING FURTHER INFORMATION.
ARTICLE 52. 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 2004 pursuant to Chapter 44, Section 53F of the General Laws and to act fully thereon. Customary article.
THE FINANCE COMMITTEE RECOMMENDS THAT THIS
ARTICLE BE ACCEPTED AND ADOPTED.
CUSTOMARY ARTICLE. VOTE 8 TO 0.
ARTICLE 53. 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 Chapters 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 improvement, development, maintenance and protection of tidal and non-tidal rivers, streams, harbors, tide waters, 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.
THE FINANCE COMMITTEE RECOMMENDS THAT THIS
ARTICLE BE ACCEPTED AND ADOPTED.
CUSTOMARY ARTICLE. VOTE 8 TO 0.
OBTAIN
SUPPLY OF POTASSIUM IODIDE
ARTICLE 54. To request Town Meeting action on the following: A proposal to address the issue of stockpiling and distribution of potassium iodide in connection with House of representative Bill No. 4913 – An Act in Connection with Nuclear Power Plants.
Whereas Cape Cod and the Town of Harwich are situated in an area relative to a nuclear power plant as described in House of Representatives Bill No. 4913 and may be affected in the event of a release of radiation, accident or otherwise,
Whereas there are limited escape routes for the people in this area, and
Whereas the aforementioned bill provides obtaining a supply of potassium iodide for protection from thyroid cancer, at no cost to the Town.
The Town of
THE FINANCE COMMITTEE RECOMMENDS THAT THIS
ARTICLE BE INDEFINITELY POSTPONED.
PROVIDES FALSE SENSE OF SECURITY.
VOTE 8 TO 0.
CONGREGATE
MEAL SITE FOR HARWICH SENIORS
ARTICLE 55. To see if the Town will vote to supply the meal cost for a Congregate Meal Site for Harwich Seniors. The cost for this service is: the meals at $2.47 each/$11,559.60 and paper supplies and disposables at $404.59, and to act fully thereon. By Petition. Estimated cost: $11,964.19.
THE FINANCE COMMITTEE RECOMMENDS THAT THIS
ARTICLE BE ACCEPTED AND ADOPTED. ESTIMATED COST: $11,964. TO PROVIDE MEALS FOR SENIOR CITIZENS. VOTE 7 TO 1.
PURCHASE
& INSTALL A VOICE MAIL SYSTEM AT THE COMMUNITY CENTER
ARTILCE 56. To see if the Town will vote to raise and appropriate or transfer from available funds a sufficient sum of money to purchase and install a voice-mail system at the Community Center and to act fully thereon. By Petition. Estimated cost: $4,595.00.
THE FINANCE COMMITTEE RECOMMENDS THAT THIS
ARTICLE BE INDEFINITELY POSTPONED.
FUNDED ELSEWHERE. VOTE 8 TO 0.
ESTABLISH
REVOLVING FUND FOR COUNCIL ON AGING PROGRAMS
ARTICLE 57. To see if the Town will vote to establish a revolving fund for the purpose of funding programs with the Council on Aging, pursuant to the provisions of Chapter 44, Section 53E ½ of the Massachusetts General Laws and to act fully thereon. By Petition.
THE FINANCE COMMITTEE RECOMMENDS THAT THIS
ARTICLE BE ACCEPTED AND ADOPTED. TO FUND
PROGRAMS. VOTE 8 TO 0.
RESOLUTION TO
ABOLISH CORPORATE PERSONHOOD
ARTICLE 58. To see if the Town will vote to adopt the following resolution to abolish corporate personhood, and to act fully thereon. By Petition.
Whereas, The rights of personhood, as declared in the Bill of Rights and the Fourteenth Amendment of the United States Constitution, the Declaration of Rights of the Constitution of the Commonwealth of Massachusetts, civil rights legislation, and the United Nations Declaration of Human Rights, are among the hardest won and most valuable possessions belonging to all human beings; and
Whereas, The word “person” in the United States Constitution means human beings; and
Whereas, The word “person” in the United States Constitution was not meant to include corporations or other fabricated or artificial entities; and
Whereas, corporations are not mentioned, described, or assigned rights under the United States Constitution; and
Whereas, The United States Supreme Court in 1886 had no moral or legal authority to give the legal rights of persons to corporations; and
Whereas, We have seen corporate personhood inappropriately empowered to compete against natural, human citizens in the self-governance of our nation, in sustaining a viable environment, in promoting the general welfare, in establishing justice, in securing the blessings of liberty for ourselves and our posterity; and
Whereas, We have seen corporations claim the First Amendment right to freedom of speech in order to use large sums of money to influence our electoral and legislative processes and to advertise destructive products to our citizens; and
Whereas, We have seen corporations damage the environment when they use the Fourteenth Amendment to contest regulation by us, the citizens, and when they use the Fourth Amendment to deny citizen oversight and inspections; and
Whereas, We eat genetically modified food without our knowledge because corporations use the First Amendment to deny disclosure to the public; and
Whereas, We have seen small, neighborhood businesses, the backbone of our economy, crushed, despite our efforts to save them, by corporations claiming to possess civil rights equal to those established for the protection of citizens; and
Whereas, We know, as all reasonable persons would, and by our powers of sane cognition, that a corporation is a legal abstraction without conscience or moral capacity and without supportable claim to being a person; and
Whereas, We know that We, the People, through our state governments create and establish corporations, and the authority to instruct, regulate, or revoke the charter of corporations is retained by us; and
Whereas, The United States Constitution is not a suicide pact amenable to a claim that rights allocated to the people may lawfully be appropriated by an artifact having legal standing with natural citizens.
therefore, be it
RESOLVED, That the
Town of Harwich adopt the position that corporations are not persons and are
not entitled to the rights of persons in the Bill of Rights, the Fourteenth
Amendment, and civil rights legislation under the United States Constitution,
and, accordingly, the Town of Harwich supports the abolition of corporate
personhood.
THE FINANCE COMMITTEE
RECOMMENDS THAT THIS ARTICLE BE INDEFINITELY POSTPONED. DO NOT SUPPORT THE ABOLISHMENT OF CORPORATE PERSONHOOD. VOTE 8 TO 0.
RESOLUTION TO
ELIMINATE $600 MILLION IN TAX BREAKS TO CORPORATIONS
ARTICLE 59. To see if the Town will vote to adopt the
following Resolution to organize concerted advocacy to obtain all state aid due
Whereas, The tax code is a major form of corporate welfare; and
Whereas, Tax breaks for corporations constitute a form of political charity without adequate redeeming social value; and
Whereas, The Governor and General Court, faced with inadequate revenues to cover the Commonwealth’s expenses, have left untouched tax breaks to corporations and have lowered the personal income tax exemption (a tax increase on all the people), thereby shifting revenue obligations unfairly to the people with the lowest resources; and
Whereas, Tax breaks, unlike spending programs and direct subsidies, are outside the budgetary process and receive little publicity for public debate on how to respond to the current fiscal crisis; and
Whereas, The Governor and General Court, faced with an unbalanced budget, failed to acknowledge the hidden tax breaks to corporations and have cut state aid to local communities and to health and human service programs instead; and
Whereas, The Governor and General Court have not advanced a proposal to cut unnecessary patronage jobs but to raise fees and other revenue sources that further increase revenue burdens on the rank and file taxpayers; and
Whereas, Corporate tax breaks in
therefore, be it
RESOLVED, That the
Governing Body and Townspeople of Harwich join together to protest in the
strongest terms to the Governor, House Speaker, and Senate President against
their unfair and irresponsible management of revenue acquisition and spending
leading to their cutting state aid to Massachusetts municipalities and towns,
That furthermore these cuts should not come until $600 million in state aid
through tax breaks to corporations are eliminated first, and That Harwich
should seek support in this protest from other municipalities and towns
throughout the Commonwealth whose residents are similarly concerned.
THE FINANCE COMMITTEE
RECOMMENDS THAT THIS ARTICLE BE INDEFINITELY POSTPONED. NEGATIVE IMPACT GREATER THAN OUTCOME. VOTE 8 TO 0.
ARTICLE 60. To see what action the Town will take in regard to the Herring Fisheries and to act fully thereon. Customary article.
THE FINANCE COMMITTEE RECOMMENDS THAT THIS
ARTICLE BE ACCEPTED AND ADOPTED.
CUSTOMARY ARTICLE. VOTE 8 TO 0.
ARTICLE 61. To see if the Town will vote to raise and appropriate or transfer from available funds a sufficient sum of money to pay unpaid bills of prior years as provided for in Chapter 170 of the Acts of 1941 and to act fully thereon. By request of the Town Accountant. Estimated cost: $__________________.
NO RECOMMENDATION PENDING FURTHER
INFORMATION.
ARTICLE 62. To see if the Town will vote to raise and appropriate or transfer from surplus revenue or available funds a sum of money to be added to the Stabilization Fund and to act fully thereon. By request of the Board of Selectmen.
THE FINANCE COMMITTEE RECOMMENDS THAT THIS ARTICLE BE ACCEPTED AND ADOPTED. TO REFUND THE $322,797.18 TO STABILIZATION USED FOR CHAPTER 90, AS PROMISED. VOTE 8 TO 0.
ARTICLE 63. To see if the Town will vote to transfer certain unused balances of articles appropriated in past years to surplus revenue and to act fully thereon. By request of the Board of Selectmen.
NO RECOMMENDATION
PENDING FURTHER INFORMATION.
INSERT SIGNATURE PAGE HERE
TOWN OF
To either of the Constables of the Town of
Greetings:
In the name of the
SUPPLEMENT FINANCE
COMMITTEE RESERVE FUND ACCOUNT
ARTICLE 1. To see if the Town will vote to raise and appropriate, or transfer from available funds, a sufficient sum of money to supplement the FY’03 Finance Committee Reserve Fund Account and to act fully thereon. By request of the Finance Committee. Estimated cost: $646,198.00.
THE FINANCE COMMITTEE
RECOMMENDS THAT THIS ARTICLE BE ACCEPTED AND ADOPTED. ESTIMATED COST: $646,198. TO PAY UNEXPECTED FY ’03 BILLS. VOTE 6 TO 0.
MAINTAIN/UPDATE/CERTIFY
REAL/PERSONAL PROPERTY VALUATIONS
ARTICLE 2. To see if the Town will vote to raise and appropriate or transfer from available funds a sufficient sum of money to maintain, update, and/or certify real and personal property valuations and to act fully thereon. By request of the Board of Assessors. Estimated cost: $17,500.00.
THE FINANCE COMMITTEE
RECOMMENDS THAT THIS ARTICLE BE ACCEPTED AND ADOPTED. ESTIMATED COST: $17,500. STATE MANDATE. VOTE 6
TO 0.
ADOPT HARWICH
HOUSING STRATEGY
ARTICLE 3. To see if the Town will vote to approve and
adopt the Town of
(Attachment A)
Town of
Housing Strategy
Background
On
It is with the goal of updating the existing housing analysis and providing a housing strategy that the following document has been prepared.
Changes in Conditions
Since May 2000 there have been several changes in the cost, supply and availability of affordable housing. The median sales price for single homes in Harwich has increased from $188,050 Jan – Oct 2000 to $277,000 Jan – Oct of 2002 (The Warren Group). New housing units built in Harwich total 167 in 1999, 118 in 2000, 105 in 2001 and 90 through November of 2002. During this period 65 of these units (Pine Oaks III) qualify as affordable units.
While the median price of housing has risen 47%, median
income for
The goal for affordable housing, as set by Executive Order 418, is for each town to have 10% of its available housing affordable. Harwich currently has 214 affordable units (3.65%), 372 units short of the current goal of 586. In 2025, when Harwich will reach its build out total of 8500 units, 850 units should be affordable. This leaves Harwich with a need to have created 636 units over the next 22 years, or 29 units a year.
Issues
The provision of affordable rental opportunities for working people and their families still appears to be the greatest identified need. Anecdotal evidence from school, town and private employers all indicate that the lack of affordable housing is the greatest problem in attracting and retaining employees. The lack of affordable seasonal employee rental housing also has been identified as a problem and as such places additional pressure on the availability and affordability of year round rental units.
Making progress on meeting the 10% goal is important on several levels. The most obvious is the benefits to the residents of Harwich of having affordable housing available. Maintaining Housing Certification under EO 418 is also important. Maintaining this certification affects the Town’s standing in resisting ill-conceived 40B development proposals. Remaining certified also impacts the extent to which Harwich will remain competitive in applying for State grant funding.
Harwich can play several roles in implementing a housing strategy. The town on one hand can serve a purely regulatory role expecting the private sector to respond to requirements and inducements. On the other hand, Harwich can play an active role, directly acting to develop affordable units. As an active developer of housing, the Town is in the best position to control where and what type of housing is developed and whether that housing meets the Town’s most critical needs. Eventually, as an owner of housing, Harwich will have an asset which provides affordable housing in perpetuity and over time will earn a return which can be invested in additional units.
If the Town decides to develop affordable units by buying existing units, the cost in dollars, to provide the necessary level of subsidy, can be significant. Harwich, in order to make the unit affordable, would have to purchase the property outright or subsidize the purchase price so that the remaining mortgage payment would be affordable. The cost to the Town in today’s market would possibly average $100,000 per unit of single family housing. Additionally, by purchasing an existing property those properties are removed from the tax roll. Benefits of this strategy are that purchases can occur in any area of town and by not adding to the total number of units, the total number of affordable units needed is not affected.
Harwich can also provide a subsidy by providing existing Town owned land for the construction of new housing. The cost of land today makes up a significant portion of the cost of housing. Construction cost can be financed by traditional bank financing and should be affordable without any additional Town cash outlay. Local financial institutions have responsibilities under the Community Reinvestment Act and should be interested in local options to meet these responsibilities.
The benefit in building new housing is that the types of units needed, can be built – single or multi units, 1, 2 or 3 bedrooms, etc. Costs for removing lead paint, making units accessible and renovating and repairing existing construction defects are avoided. Land which the Town has provided should remain in public ownership. Additionally, as units developed by the Town produce excess revenue, said revenue should be reinvested in additional housing opportunities.
Goals
1. To promote the annual development, whether by new construction, acquisition, and/or conversion of existing buildings, by Town action and action of others, 29 units of affordable housing, 70% of which will provide for the need of rental housing.
2. To promote the development of funding sources and income streams to support the development of affordable housing.
3. To continue to review Town by-laws, and other regulations, and strive to remove barriers preventing the development of affordable housing.
Recommendations
Discussion – In achieving the affordable housing goals, all potential players, the Town and both for profit and non-profit members of the private sector will have to do a part. The Town can only decide what it will specifically do over the next three year period. Goals can be suggested for the private sector but performance cannot be required. Housing production by all players, changes in the economic framework and changes in regulatory requirements over the ensuing three years will make a fresh analysis and goal setting necessary.
NO RECOMMENDATION PENDING FURTHER INFORMATION.
AMEND GENERAL
BY-LAWS – TOWN MEETING
ARTICLE 4. To see if the Town will vote to Amend CHAPTER I, ARTICLE 1, PARTS 1-101 through 1-103 of the By-laws by:
(1) Inserting the following bold face text in PART 1-101 and deleting the underlined text:
All articles to be inserted in the May Town Meeting warrant shall be presented submitted, in final form, in writing to the Selectmen no later than four (4) p.m. on the third second Friday in January previous to the meeting. All articles for a Special Town Meeting shall be submitted as aforesaid at least forty (40) days before the Special Town Meeting.
(2) Renumbering PART 1-102 as PART 1-103.
(3) Inserting the following bold face text as PART 1-102.
A copy of all articles to be inserted in
the warrant for any Town Meeting shall be submitted by the Board of Selectmen
to the Finance Committee not later than (14) days after the deadline for the
submission of articles set forth in Part 1-101 above.
or take any other action relative thereto. By request of the By-law/Charter Review Committee.
NO RECOMMENDATION PENDING FURHTER INFORMATION.
AMEND TOWN CHARTER
ARTICLE 5. To see if the Town will vote to authorize the Board of Selectmen to petition the General Court for a special act providing that legislation be adopted amending the Town Charter, as follows; provided, however, that the General Court may make clerical or editorial changes of form only to the bill, unless the Board of Selectmen approve amendments to the bill before enactment by the General Court; and provided further that the Board of Selectmen is hereby authorized to approve amendments which shall be within the scope of the general public objectives of this petition; or take any other action relative thereto. By request of the By-law/Charter Review Committee.
SPECIAL ACT:
An Act relative to the Charter of
the Town of
Section 1. The Charter of the Town of
TOWN OF
CHARTER
PREAMBLE
We, the people of the Town of Harwich, Massachusetts, in order to reaffirm the customary and traditional liberties of the people with respect to the conduct of local government and to take the fullest advantages inherent in the home rule amendments to the Constitution of the Commonwealth, do hereby adopt the following Home Rule Charter for this Town.
CHAPTER 1 TOWN INCORPORATION, FORM OF GOVERNMENT, AND POWERS
SECTION 1 Incorporation
hereafter be established by law, is hereby continued as a
body corporate and politic with perpetual succession under the name: Town of
SECTION 2 Form of Government
SECTION 3 Scope
and Construction of Town Powers
SECTION 4 Construction of Charter
SECTION 5 Severability
SECTION 6 Intergovernmental Relations
1-6-1 Consistent with the provisions of law, the Town may exercise any of its powers, perform any of its functions, or participate in the financing thereof, by contract or otherwise, jointly or in cooperation with any one or more municipalities, civil divisions, subdivisions, or agencies of the Commonwealth, other states, or the United States Government.
SECTION 7 Parliamentary
Authority
1-7-1 The rules contained in the current edition of Robert’s Rules of Order Newly Revised shall govern the Town in all cases to which they are applicable and in which they are not inconsistent with this charter, the by-laws, or the General Laws of the Commonwealth.
CHAPTER 2 TOWN MEETING
SECTION 1 Organization and Powers
SECTION 2 Warrants
2-2-2 The warrant for any and all Town Meetings shall be published in a newspaper of general circulation within the Town at least fourteen days prior to the meeting, and shall be posted in a public place in every precinct in the Town at least fourteen days prior to any such meeting.
SECTION 3 Procedures
SECTION 4 Initiative
SECTION 5 Moderator
SECTION 6 Simplified Rules of Procedure
SECTION 7 Ad Hoc Committees
SECTION 8 Articles Having Fiscal Implications
SECTION 9 Compulsory Attendance
CHAPTER 3 BOARD OF SELECTMEN
SECTION 1 The Board of Selectmen
SECTION 2 Policy Leadership Responsibilities
3-2-3 The Board of Selectmen shall serve as the chief policy-making agency of the Town and, as such, shall not normally administer the day-to-day affairs of the Town, but shall instead regularly direct the Town Administrator to help it in carrying out its administrative duties, and make recommendations to the Town Meeting relating to actions required to be taken by that body.
SECTION 3 General Powers, Duties and Responsibilities
SECTION 4 Powers of Investigation
SECTION 5 Specific Powers, Duties, and Responsibilities
3-5-2 The Board of Selectmen shall act as the licensing authority of the Town and shall have the power and responsibility required to issue licenses, to make all necessary rules and regulations regarding the issuance of such licenses, and to attach conditions and impose such restrictions as it considers to be in the public interest, and further, to enforce, or cause to be enforced, the laws, rules and regulations relating to all businesses for which it issues licenses.
SECTION 6 Powers
of Appointment
3-6-1 The Board of Selectmen shall have the power to appoint: a) a Town Administrator as provided in Chapter 4; b) a Town Counsel; c) a Town Accountant; d) a Police Chief; e) a Fire Chief; f) three Assessors for overlapping three-year terms; g) three members of a Board of Registrars of voters for overlapping three-year terms; h)Election Officers; i) one or more Constables; and j) two members of the Capital Outlay Committee.
3-6-2 The Board of Selectmen shall also have the power to appoint policy-making multi-member bodies enumerated in Chapter 7 and such other bodies as may be in existence on the effective date of this charter and for whom no other method of appointment is provided in this charter. Unless otherwise provided, the Board shall also appoint such other bodies as may be hereafter established by general law, charter, by-law, or vote of the Town Meeting.
SECTION 7 Prohibitions
3-7-1 Except for the purpose of investigation authorized by this charter, the Board of Selectmen or its members shall deal with Town officers and employees who are subject to the direction and supervision of the Town Administrator solely through the Town Administrator and neither the board nor its members shall give orders to any such officer or employee, either publicly or privately.
CHAPTER 4 THE TOWN ADMINISTRATOR
SECTION 1 Appointment
SECTION 2 Qualifications
SECTION 3 Duties
(a) Attend all meetings of the Board of Selectmen, except when excused, and have the right to speak but not to vote.
(b) Assemble, prepare, and present to the Board of Selectmen the annual operating budget of the Town.
(c) Develop and annually revise the capital improvements plan and budget, in consultation with the Capital Outlay Committee.
(d) Be responsible for seeing that the budget is administered and expended as adopted by the Town Meeting and in accordance with general law, this charter, and by-law.
(e) Keep the Board of Selectmen informed regarding all departmental operations, fiscal affairs, general problems, and administrative actions, and to this end shall submit regular reports to the board.
(f) Keep the board informed regarding the availability of state and federal funds and how such funds might relate to unmet short-range and long-range needs.
(g) Be responsible for the solicitation and preparation of applications for grants.
(h) In the absence of the Personnel Administrator, be responsible for the day-to-day administration of the personnel system and by-law, and administer and enforce collective bargaining contracts, the Personnel By-law, and rules and regulations adopted by the Board of Selectmen.
(i) Be responsible for the purchasing of services, supplies, materials, and equipment for all Town divisions, departments, and offices, excepting those for the School Department, the Water Department, and for the Brooks Free Library.
(j) Coordinate, with the approval of the Board of Selectmen, the administrative activities of all multi-member bodies and officers concerned with the physical, economic, and environmental development of the Town.
(k) Develop, keep, and annually update a full and complete inventory of all property of the Town, except school property, both real and personal.
(l)
Convene regular meetings of the management advisory
team established by clause
(m) Negotiate collective bargaining contracts on behalf of the Board of Selectmen, unless the board shall have designated another negotiator.
(n) Perform such other duties as may be required by this charter, by-law, or vote of the Board of Selectmen.
SECTION 4 Responsibilities for Appointments
4-4-1 Subject to the approval of three or more affirmative votes of the Board of Selectmen, the Town Administrator shall have the power to appoint, and on the basis of merit and fitness alone, and except as may otherwise be provided by general law, this charter, or the Personnel By-law, may suspend or remove a) Division Directors; b) Department Heads; c) a Treasurer-Tax Collector; d) a Town Engineer; e) a Town Planner; f) a Health Agent; g) a Harbormaster; h) an Assistant Town Administrator; and i) a Director of Recreation.
4-4-2 The Town Administrator shall also appoint, on the basis of merit and fitness alone, and, except as may otherwise be provided by general law, this charter, Personnel By-law, or collective bargaining agreements, may suspend or remove: a) all full-time Town employees; b) all part-time employees; c) all employees of appointed Town multi-member bodies; d) one or more inspectors; and e) all other full-time, part-time or seasonal employees, except those of the Police and Fire Departments, and those departments headed by elected officials. All such appointments and removals shall be subject to disapproval by four affirmative votes of the Board of Selectmen taken within fourteen days.
SECTION 5 Responsibilities for Administrative Reorganization
SECTION 6 Responsibilities for Disbursements
4-6-1 The Town Administrator shall have the authority to issue warrants for the payment of Town funds and his signature thereon will be sufficient authorization for payment thereof by the Town Treasurer provided, however, in the absence of the Town Administrator or in the event of a vacancy in said office, warrants may be signed by the person or persons designated by the Board of Selectmen in accordance with Clause 3-5-3 of Chapter 3, Section 5.
SECTION 7 Evaluation
SECTION 8 Removal
4-8-1 The Board of Selectmen, by the affirmative vote of at least three members, may initiate the removal of the Town Administrator by adopting a resolution to that effect, stating the reasons therefor, provided that no such resolution shall be adopted within ninety days following any town election that has resulted in a change in the incumbents on the board. The vote initiating removal shall be taken at a regular scheduled public meeting of the board and in open session.
SECTION 9 Filling Vacancy
SECTION 10
4-10-1 The
Assistant Town Administrator shall perform such duties as may be assigned by
the Town Administrator and, from time to time as necessary, shall perform the
duties of that officer. The Assistant
Town Administrator shall be appointed in accordance with the provisions of
clause
CHAPTER 5 TOWN ADMINISTRATIVE ORGANIZATION
SECTION 1 General
5-1-6 With the approval of the Town Administrator, a division director, other than the Town Administrator, may designate himself as head of one or more departments within his respective division, but if so designated he shall serve in such additional capacity without additional compensation.
SECTION 2 Division of Finance
SECTION 3 Division of Highways and Maintenance
5-3-2 The division shall be responsible for: a) the construction, maintenance, repair, lighting, and cleaning of roads, highways, and streets; b) the collection, if any, and disposal of solid waste and the maintenance and operation of all facilities for the disposal of same; c) the preservation, care, maintenance, and improvement of all Town-owned cemeteries; d) the care and maintenance of public grounds, including parks; e) the planting, care and pruning of all shade trees growing on Town-owned land; f) the servicing, maintenance and repair of all automotive vehicles and vehicular equipment owned by the Town, except as otherwise determined by the Board of Selectmen or in cases of emergency; g) the repair and maintenance of Town-owned buildings; h) the care, maintenance, and cleaning of parking lots, public beaches, and of the land-side and grounds of Town harbors; and, i) such other public works functions as may be assigned by this charter or by-law.
SECTION 4 Police Department
SECTION 5 Fire Department
SECTION 6 Planning Department
CHAPTER 6 ELECTED TOWN OFFICERS AND MULTI-MEMBER BODIES
SECTION 1 General Provisions
SECTION 2 Vacancies
SECTION 3 Moderator
SECTION 4 Town Clerk
SECTION 5 School
Committee
SECTION 6 Water Commission
SECTION 7 Library Trustees
SECTION 8 Housing Authority
CHAPTER 7 APPOINTED MULTI-MEMBER BODIES
SECTION 1 Advertising
Vacancies and Appointing Multi-member Bodies
7-1-4 Prior to making appointments to the Finance Committee, the Moderator shall also make an effort to seek out qualified persons to serve and shall cause a notice to be published enumerating the vacancies to be filled and setting forth the location, time and date when the Moderator will be available to interview persons willing and able to serve. The advertising of vacancies on the Finance Committee shall also be published in a newspaper of general circulation in the Town and shall be made once a week for a minimum of two (2) weeks after a vacancy arises.
SECTION 2 General Provisions
7-2-2 All multi-member bodies of the Town shall; a) organize annually; b) elect necessary officers; c) adopt rules of procedure and voting; d) maintain minutes and records of attendance, copies of which shall be a public record and regularly filed with the Town Clerk; and e) nominate prospective employee(s) of their choice, who shall then be considered for appointment by the Town Administrator, as provided in clause 4-4-2.
SECTION 3 Change
in Composition of Appointed Multi-member Bodies
7-3-1 The Town Meeting may, by by-law, enlarge or decrease the number of persons to serve as members of appointed Town multi-member bodies, provided, however, that all such bodies shall always consist of an odd number of members.
SECTION 4 Board of Health
SECTION 5 Planning Board
SECTION 6 Board of Assessors
SECTION 7 Conservation Commission
SECTION 8 Council on Aging
SECTION 9 Historical Commission
SECTION 10 Recreation and Youth Committee
SECTION 11 Cultural Council
SECTION 12 Zoning Board of Appeals
SECTION 13 Golf Committee
SECTION 14 Waterways Committee
SECTION 15 Cemetery Commission
SECTION 16 By-law/Charter Review Committee
SECTION 17 Historic
District Commission
CHAPTER 8 ELECTION AND RECALL
SECTION 1 Town Elections
SECTION 2 Town Elections to be Nonpartisan
SECTION 3 Eligibility of Town Voters
SECTION 4 Time of Taking Office
SECTION 5 Recall
of Elective Officers
“Shall (here insert the name and title of the elective officer whose recall is sought) be recalled? Yes _____ No _____”
Under the ballot question shall appear the word “Candidates” and the directions for voters as required by law, and below that shall be the names of candidates nominated.
8-5-4 If the votes cast upon the question of recall is in the affirmative, the candidate receiving the highest number of votes shall be declared elected provided that at least twenty-five percent (25%) of all those qualified to vote shall have voted.
CHAPTER 9 FINANCIAL PROVISIONS AND PROCEDURES
SECTION 1 Finance
Committee
SECTION 2 Submission of Budget and Budget Message
SECTION 3 Action on the Proposed Budget
SECTION 4 Budget Adoption
SECTION 5 Capital Outlay Committee
SECTION 6 Capital Outlay Plan
9-6-1 The purpose of the seven (7) year capital outlay plan is to provide the Town with a long-range forecast of the Town’s capital improvement needs, and to attempt to keep debt borrowing levels as even as possible from year to year.
9-6-3 The Town Administrator shall submit a seven (7) year Capital Outlay Plan which shall consist of the six (6) remaining years of the previously voted plan plus one (1) additional year as the seventh year of the plan, to a joint meeting of the Board of Selectmen and the Finance Committee, during the month of December of each year.
9-6-6 A simple majority vote of the Town Meeting shall be required to adopt the seven (7) year Capital Outlay Plan as submitted.
9-6-7 Additions, revisions or amendments to the first six (6) years, as outlined in Section 9-6-3 above, of the submitted seven (7) year Capital Outlay Plan shall be done as amendments to the main motion adopting the plan, and shall require a two-thirds majority vote in order to pass.
9-6-9 If any part of the current year of the plan receives funding support at the Annual Town Meeting but fails at any necessary Debt Exclusion, Capital Exclusion or Proposition 2 ½ override ballot votes, the unsupported portion shall be returned to the seven (7) year capital plan in year one (1) of the next seven (7) year plan, and will be subject to the provisions set forth in Section 9-6-7 above.
9-6-10 Any article included in an Annual or Special Town Meeting Warrant, which requests a Capital Outlay as defined in Section 9-6-2 above shall be considered an amendment to the Capital Outlay Plan and shall require a two-thirds majority vote in order to pass.
SECTION 7 Notice of Public Hearing on Capital Improvement Plan and Budget
9-7-1 The Finance Committee shall publish, in one or more newspapers of general circulation in the Town, the general summary of the capital improvements plan and budget and a notice stating: a) the times and places where copies of the capital improvements plan are available for inspection; and b) the date, time, and place, not less than seven days following such publication, when the committee shall conduct a public hearing on said plan and budget.
SECTION 8 Annual Audit
9-8-1 Prior to the end of each fiscal year, the Board of Selectmen shall retain a certified public accountant or a certified accounting firm to make an audit of all Town accounts, books, records, and transactions of every division, department, office, and multi-member body.
9-8-2 A copy of every auditor’s report shall be filed with the Town Clerk, shall be a public record, and the entire report and a summary thereof shall be available for inspection at the office of the Town Clerk.
CHAPTER 10 ADDITIONAL PROVISIONS
SECTION 1 Continuation of Existing Laws
10-1-1 Except as specifically provided in this charter, all special laws, Town by-laws, votes, rules and regulations of or pertaining to the Town which are in force when this charter takes effect and which are not inconsistent with the provisions of this charter shall continue in full force and effect until amended or rescinded by due course of law or expire by their own limitation.
SECTION 2 Charter Amendment
SECTION 3 Definitions
(a) Charter. The word “charter” shall mean this charter and any amendments to it made through any of the methods provided under Articles eighty-nine and one hundred and thirteen of the amendments to the Constitution of the Commonwealth.
(a) Town. The word “Town” shall mean the Town of
(b) Town agency. The words “Town agency” shall mean any board, commission, committee, department or office of the town government.
(c) Majority Vote. The words “majority vote” shall mean a majority of those present and voting provided that a quorum of the body is present.
(d) Voters. The word “voters” shall mean the registered
voters of the Town of
(e) Multi-member Body. The words “multi-member body” shall mean any board, commission or committee of the Town consisting of two or more persons, whether appointed or elected.
(f) Certification. The word “certification” shall mean that person has been declared elected.
(g) He/His. The words “he,” or “his” or any other use of a masculine noun or pronoun in this charter shall include the feminine.
(h) Officer. The word “officer” shall mean any individual elected or appointed to office.
Section 2. Notwithstanding the provisions of Chapter forty-three B of the General Laws or of any other general or special law to the contrary, actions taken by the Town in accordance with the provisions of the Town Charter as it existed prior to this Act are hereby validated, ratified and confirmed.
Section 3. Section one of this Act shall be submitted for acceptance to the voters of the Town of Harwich at an annual or special Town election in the form of the following question which shall be placed on the official ballot:
“Shall an Act passed by the General Court in the year 2003, entitled ‘An Act amending the Charter of the Town of Harwich’ be accepted?”
If a majority of the votes cast in answer to the question is in the affirmative, section one of this Act shall take effect, but not otherwise.
Section 4. Sections two and three of this Act shall take effect upon passage.
THE FINANCE COMMITTEE
RECOMMENDS THAT THIS ARTICLE BE INDEFINITELY POSTPONED. THERE HAS NOT BEEN ENOUGH TIME FOR THIS TO BE
STUDIED. VOTE
AMEND
BY-LAWS – ANTI-NOISE REGULATIONS
ARTICLE 6. To see if the Town will vote to amend the Town By-Laws, Sections 4-807 and 4-808, entitled Anti-Noise Regulations – Penalty, by striking these sections in their entirety and inserting the following:
4-807 A. It shall be unlawful for any person or persons to cause or allow any noise which emanates from any building, boat, structure, vehicle or premises, which is plainly audible at a distance of one hundred and fifty (150) feet from any such building, boat, structure, vehicle or premises. The fact that the noise is plainly audible at a distance of one hundred-fifty (150) feet from the building, structure, vehicle, boat or premises in which or from which it originates shall constitute prima facie evidence of a violation of this section. Any person violating this shall be, first, issued a written warning. If such warning is ignored, the violator(s) shall be punished by a fine of one hundred and fifty dollars ($150.00) for each offense. Each such act which constitutes a violation of this section, which either continues or is reported more than thirty (30) minutes after the issuance of a warning to cease said activities, shall be considered a separate offense and shall be prosecuted as a separate offense in accordance with section 4-808.
B. Any person shall be deemed in violation of this by-law, who shall make or aid in, cause or suffer or countenance or assist in the making of the aforesaid and described improper noises, disturbance, breach of the peace or a diversion tending to a breach of the peace and the presence of any person or persons in or about the building, dwelling, boat or conveyance or any part thereof during a violation of this by-law shall constitute prima facie evidence that they are a countenancer to the violation. Any person violating this by-law shall be punished by a fine of one hundred and fifty dollars ($150.00) for each offense. Each such act which constitutes a violation of this section, which either continues or is reported more than thirty (30) minutes after the issuance of a warning to cease said activities, shall be considered a separate offense and shall be prosecuted as a separate offense in accordance with section 4-808.
C. For the purposes of this by-law, noises which disturb the reasonable quiet, comfort, repose or health of others include: 1) loading or unloading activities, 2) use of power tools, 3) use of radios, 4) use of televisions, 5) use of amplifiers, 6) use of musical instruments, 7) use of lawn or landscaping equipment, 8) loud outcries, or 9) other loud or boisterous noises which are not specifically exempted by section 4-808 and which are plainly audible at a distance of 150 feet from their source between 10:00 p.m. and 7:00 a.m. as outlined in 4-807, sections A and B.
4-808 A. Procedure upon violation. It shall be deemed a breach of the peace and it shall be the duty of any police officer of this town to order any person or persons so acting as to violate the provisions of this by-law to cease any prohibited activities which are specified in 4-807, sections A, B and C, and if the person or persons so ordered does not forthwith obey, the officer may arrest said person(s) or the officer may issue a non-criminal citation for the violation.
B. Exemptions. The following uses and activities shall be exempt from the noise level regulations:
1) Noises of safety signals, warning devices and emergency pressure relief valves during public emergencies.
2) Noises resulting from any authorized vehicle(s) responding to an emergency call or acting in time of emergency.
3) Noises resulting from emergency and maintenance work performed by the town or its agents, by the state or by public utility companies or their agents.
4) Noises resulting from activities of a temporary duration permitted by law and for which a license or permit has been granted by the town.
5) Parades and public gatherings for which the Selectmen have issued a permit.
6) Bells, chimes or carillons.
7) Noises for which a special permit has been granted by the Board of Selectmen under 4-808, section C.
C. Application for Special Permit. Application for a permit for relief from the noise level designated in this chapter on the basis of undue hardship may be made to the Board of Selectmen. Any permit granted by the Selectmen shall set forth all conditions pertaining to the specified noise and a reasonable time limit for its abatement.
D. Severability Clause. If any part of this by-law is deemed to be contrary to State or Federal law by the Attorney General, that part can be severed without affecting any other part of this by-law.
and to act fully thereon. By request of the Board of Selectmen.
NO RECOMMENDATION PENDING FURTHER INFORMATION.
AMEND
GENERAL BY-LAWS – BEACH PARKING
ARTICLE 7. To see if the Town will vote to amend the General By-laws, Article IV, Part 7, by adding the following new Section 4-703:
Notwithstanding the above language, the Board of Selectmen shall be authorized to permit residents or property owners of another town to park at designated Town-owned beach(es), provided the other town(s) provides reciprocal beach parking privileges to residents and property owners of the Town of Harwich, and provided further that such beach parking shall be subject to the rules and regulations of the Board of Selectmen including the payment of fees to be determined by the Board of Selectmen; and to act fully thereon. By request of the Board of Selectmen and the Recreation and Youth Commission.
NO RECOMMENDATION PENDING FURTHER INFORMATION.
RESCIND WAITING
LIST POLICY AT
ARTICLE 8. To see if the Town will vote to instruct the Board of Selectmen to rescind their decision to alter the waiting list policy for slips and moorings at the Town Harbor, and reinstate the policy which allows the person/persons at the top of the list to bypass an available slip and remain in their present position on said list. By Petition.
THE FINANCE COMMITTEE
RECOMMENDS THAT THIS ARTICLE BE INDEFINITELY POSTPONED. INTERFERES WITH SELECTMEN’S POLICY. VOTE 5 TO 0 WITH 1 ABSTAINING.
IMPROVE WATER
QUALITY ON LONG POND
ARTICLE 9. To see if the Town will vote to raise and appropriate or transfer from available funds a sufficient sum of money to provide for the Town’s share of costs associated with a project to take corrective action to improve water quality on Long Pond, in cooperation with the Commonwealth Department of Environmental Management, the Cape Cod Commission and the Town of Brewster, and to act fully thereon. The project is recommended by an independent Management Study and the Town appointed Long Pond Advisory Committee. By Petition. Estimated cost: $30,000.00.
THE FINANCE COMMITTEE
RECOMMENDS THAT THIS ARTICLE BE INDEFINITELY POSTPONED. INSUFFICIENT FUNDS. VOTE 6 TO 0.
AMEND ZONING
BY-LAW – SPECIAL PERMIT
ARTICLE 10. To see if the Town will vote to amend the Harwich Zoning By-Law by adding to SECTION X.G. Special Permit as follows:
14. Harwich Center Commercial Overlay District
14.1 Purpose
The Harwich Center
Commercial Overlay District enables the development and redevelopment of the
14.2 Scope
Within the Harwich
Center Commercial Overlay District only property that has frontage on the north
side of
The dimensional requirements, including building set backs, maximum site coverage and heights of these structures are outlined in Section 14.5 of this document.
This By-Law is intended to be used in conjunction with other by-laws and regulations of the town, including site plan review designed to encourage appropriate patterns of village development. Wherever the provisions of this Harwich Center Commercial Overlay District are inconsistent with other provisions of the Zoning By-law, the provisions of the Harwich Center Commercial Overlay District shall govern.
14.3 Location
The Harwich
Center Commercial Overlay District includes only property with frontage on the
north side of
14.4 Procedure
a. The Planning Board shall serve as the Special Permit Granting Authority for developments within the Harwich Center Commercial Overlay District.
b. Prior to the submission of an application for Special Permit under this by-law, the applicant may meet with the Planning Board at a public meeting for a pre-application conference to discuss the proposed development in general terms and establish the plan filing requirements. The Planning Board shall schedule a meeting for a pre-application conference following a written request from the applicant, inviting preliminary comments from the Board of Health, Conservation Commission, and any other interested officials or agencies. The purpose of this pre-application conference is to inform the Planning Board as to the nature of the proposed project. As such, no formal filings are required for the pre-application conference. However, the applicant is encouraged to prepare sufficient preliminary architectural and/or engineering drawings to inform the Planning Board of the scale and overall concept of the proposed project and its relationship to abutting properties.
c. Special Permit applications shall comply with and be subject to the requirements of Section X.L. – Major Site Plan Approval.
14.5 Dimensional and Parking Requirements
a. Lots shall have frontage along the north side of
b. Setback requirements:
1. Front setback requirements shall be determined at the time of site plan review based on existing development patterns and the elements of the proposed project.
2. Side lot line setback shall be 10 feet.
3. Rear lot line setback shall be 20 feet.
c. Parking shall be permitted at the front, side or rear of the property.
d. Maximum site coverage shall not exceed 80%.
e. Maximum building coverage of lot shall not exceed 50%.
f. The maximum permitted height for new construction shall not exceed 30 feet or 2 ½ stories.
g. The minimum number of parking spaces shall be one half space for each guest room plus one space for each four sets in a restaurant within an inn.
h. The Board may waive or modify these dimensional requirements if it is found that such waiver or modification will not substantially derogate from the purpose and intent of this By-Law and that such waiver or modification may be granted without substantial detriment to the neighborhood or overall public good.
And further to amend Section II (Definitions) by adding the following:
Inn: A building or complex of buildings providing transient lodging and other related services, including, without limitation, food service or a restaurant within which access to individual guest rooms is provided by common interior corridors. The guest rooms may have cooking facilities.
And further by adding Under Section V.E. Table 1, Use Regulations, Paragraph I. Residential Uses the following:
R-R R-L R-M RH-1 RH-2 C-V CH-1 CH-2 I-L RH-3 MR-L MRL-1 WR PWS
-----------------------------------------S1----------------------------------------------------------------------
1 In the Harwich Center Commercial Overlay District only.
and to act fully thereon. By
request of Gregory Winston, owner of property at
NO RECOMMENDATION
PENDING FURTHER INFORMATION.
INSERT SIGNATURE PAGE.
NOTES
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