February 22, 2022

“Ms. Anderson moved that the Board of Selectmen vote to submit the Fiscal Year 2023 budget to , the Finance Committee in draft form, 2nd by Mr. Howell. Vote 5:0 in favor by roll call. Motion : carried unanimously,.” (Motion: Anderson, second: Howell)

Read it in the official minutes, page 5 (PDF)

“Ms. Anderson moved to vote to approve or amend the Town Administrator's draft Fiscal Year 2023 budget subject to revision, 2nd by Mr. Howell. Vote 5:0 in favor by roll call. Motion carried unanimously.” (Motion: Anderson, second: Howell)

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“Ms. Anderson moved to approve the consent agenda as presented, 2nd by Mr. Howell. Vote 5:0 in favor by roll call. Motion carried unanimously.” (Motion: Anderson, second: Howell)

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“Ms. Anderson moved to vote to approve the naming of a Temporary Town Clerk in accordance with MGL Chapter 41 s 14 Mr. MacAskill noted that the name of the person recommended is James Mullen. Assistant Town Administrator Eldredge noted that he is scheduled to start the 28th. Motion 2nd by Mr. Howell. Vote 5:0 in favor by roll call. Motion carried unanimously.” (Motion: Anderson, second: Howell)

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“Ms. Anderson moved to vote to form an inspection group for the licensed establishments, 2nd by Ms. Kavanagh. Mr. MacAskill noted that it would be the Town Administrator that would form the group. It presently includes the Police Chief, Fire Chief, Health Director and Building Commissioner. He looks to the Town Administrator to put a memo together and formalize who the group would be and when it is actually formalized. Vote 5:0 in favor by roll call. Motion carried unanimously.” (Motion: Anderson, second: Kavanagh)

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“Ms. Anderson moved to vote to amend the Harwich Liquor License Regulations Section 1.09, sub-section E by removing the term or source of sound amplification system whichever is further under the outdoor entertainment section, 2nd by Ms. Kavanagh. Vote 5:0 in favor by roll call. Motion carried unanimously.” (Motion: Anderson, second: Kavanagh)

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“Mr. Ballantine moved to rescind the motion, 2nd by Mr. Howell. Vote 5:0 in favor by roll call.” (Motion: Ballantine, second: Howell)

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“Mr. Ballantine moved to strike the existing outside entertainment in its entirety and replace it with the following: Outdoor Entertainment - No entertainment at the licensed premises may be conducted in a manner such that the noise from the entertainment is creating a nuisance or plainly audible at a distance of 150 feet from the boundary line of the premises, 2nd by Ms. Anderson. Vote 5:0 in favor by roll call. Motion carried unanimously.” (Motion: Ballantine, second: Anderson)

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“Ms. Anderson moved to vote to create a 2022 Annual town Meeting Warrant Article amending the Noise By-law by exempting MGL Chapter 138 licensees, 2nd by Mr. Howell. Vote 5:0 in favor by roll call. Motion carried unanimously.” (Motion: Anderson, second: Howell)

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“Ms. Anderson moved to vote to change the Harwich Liquor Regulations Section 1.01 C striking out what was previously there and it shall say "All licensees new and renewal shall annually attend the Chief of Police's Annual License Meeting with MGL Chapter 138 licensees. Annual licensees will meet in November and Seasonal will meet in February. Failure to attend the Chief's meeting shall result in a denial of a new license and a non-renewal of a previously held license. The attending representatives shall be one of the following: The manager of record o the license, the licensee if a natural person, an officer or director of record with the Local Licensing Authority, or the Massachusetts Secretary of State's Office of a licensee which is not a natural person or a managing agent of the licensed entity". 2nd by Ms. Kavanagh. Atty. Blake confirmed, that covers it. Mr. Howell commented that they should do something this year. Mr. MacAskill stated that they will have a meeting this year but more in the format that they have been using. Ms. Kavanagh commented that having a meeting with the community and having that discussion is something the Board should attend. They should discuss the new overview of the Board in terms of the nuisance and the changes they' ve made and why they're making them along with what will be expected of the licensees. Ms. Anderson asked why it could not be done this year. Ms. Eldredge commented that they have not yet sent out seasonal renewals. Mr. MacAskill commented that they can do it with seasonal renewals but they will need a meeting on the annuals because they have already been done. Mr. Howell asked Atty. Blake if it is appropriate for the Licensing Authority to attend such a meeting, Atty. Blake replied that he does not see an issue with the Board attending the meeting. Vote 5:0 in favor by roll call. Motion carried unanimously.” (Motion: Anderson, second: Kavanagh)

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“Ms. Anderson moved to vote to implement that each MGL C. 138 licensee sign an : acknowledgement receipt that they have received the Local Licensing Authority's Liquor License Regulations. The language in the acknowledgement will say "Confirmation of the receipt of the Harwich Board of Selectmen Liquor License Regulations, I the undersigned acknowledge receiving a copy of the Harwich Local Licensing Authority Regulations. I understand that it is my responsibility to review, comprehend and adhere to the information contained within the regulations and to ensure that all employees who work in the public areas of the premises read and comply with the Harwich Liquor License Regulations, 2nd by Mr. Howell. Mr. Howell noted that the header should also change to "Confirmation of receipt of the Harwich Local Licensing Authority Regulations. Vote 5:0 in favor by roll call. Motion carried unanimously.” (Motion: Anderson, second: Howell)

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“Ms. Anderson moved to vote on the miscellaneous re-appointments as listed, 2nd by Mr. Ballantine Mr. Howell commented on receiving agencies and their requirements for terms and what they should analyze moving forward. Mr. Ballantine added the Accessible Disabilities Rights Committee as there is a Federal requirement for that also. Vote 5:0 in favor by roll call. Motion carried unanimously,.” (Motion: Anderson)

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“Ms. Anderson moved to vote to approve the contract as presented, 2nd by Mr. Howell. Vote 5:0 in favor by roll call. Motion carried unanimously.” (Motion: Anderson, second: Howell)

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