March 19, 2024

“Mr. MacAskill moved to vote to support Article 10 Tree Preservation Bylaw. Seconded by Mr. Howell. Mr. MacAskill stated that he will be voting not to support this Petition. Patrick Otton commented that what he had submitted did not translate in the same format, some graphics were eliminated and text was not aligned. He has resent the submission and requested that it be presented in the correct format. Mr. Powers showed the petitioner what had been included in the packet. He explained that the reason it appeared as it did is because the Town cannot change wording in the petition. Counsel builds the Article based on the Petition and all the other documents. Mr. Powers noted that he had sent the petitioner an email with the Article attached. Ms. Kavanagh directed Mr. Otton to check his email for the document noted and then have a conversation with Administration. Mr. Otton went on to explain the reason for and intent of the Petition. Mr. MacAskill voiced his objection and commented that the wording within the Petition is open to interpretation and could be misleading to the public. He also added that he hopes the Select Board will have an informational session to allow the other side of the Public who are completely against this, to get their voice out in public. Ms. Kavanagh suggested having an informational session to address all the Petition Articles and address any questions. The Board members agreed that there will be an informational session held by the Board addressing the Petition Articles. Mr. Handler noted why he would not be voting to support this Petition. Vote: 0:4 with all members opposed.” (Motion: MacAskill, second: Howell)

Read it in the official minutes, page 8 (PDF)

“Mr. MacAskill moved to support Article 13 Home Rule Petition: Pesticides. Seconded by Mr. Howell. Mr. Otton explained the reason for and intent of the Petition. He also noted what other Cape towns have done regarding pesticides. Mr. MacAskill noted that the wording mirrors the wording in the "Round-Up" Article. Board members asked questions confirming that this Petition has not been before the Town previously. Mr. Otton replied that it is a copy of what Orleans had used, it passed in Orleans and has been submitted to the Legislature. Mr. Handler asked, if this is a Petition to Petition the State to allow Harwich to handle pesticide usage, who in Harwich would be responsible for that. Mr. Otton replied that it would be the Board of Health. Mr. MacAskill explained there State Agency MDAR, which has people who are licensed and control this, emphasizing the there is already oversight in this area. Mr. Howell commented that DDT use did not change until there were laws nationally. He noted that it is difficult to regulate on a local basis due to the migration of the pesticides. Mr. Howell expressed his concerns, noting paragraph 2 and the word "findings". He also commented that telling anyone on a local basis that the pesticide police are going to come if you're using something, is completely unworkable. Mr. Otto responded saying that strict enforcement is not necessary to make this work. Mr. Powers noted that Counsel has reviewed all Petitioned Articles. Regarding the Pesticide Petition, he read from Counsel's notes: "The text of the Home Rule Petition was not included in this Petition as was done in the Fertilizer By-law. Special Legislation is required for both". Mr. Powers believes that Counsel is saying Special Legislation for the By-law and for the Special Legislation. He continued "There is no need to also enact a By-law and Counsel would not recommend that the Town enact a By-law as well." He will share all of Counsel's notes with the Board. The information is still under Attorney-Client Privilege. The Board can decide on publication after they have reviewed it. Mr. Otton asked and received confirmation that he will not be able to see those notes until after the Board decides that it is available. Vote: 0:4 with all members opposed.” (Motion: MacAskill, second: Howell)

Read it in the official minutes, page 9 (PDF)

“Mr. MacAskill moved to support Article 14 Special Act to Enable Harwich to Regulate the Application of Fertilizers on the Annual Town Meeting Warrant. Seconded by Mr. Howell. Mr. Handler commented to Mr. Otton that whether his Petitions pass or fail, he has done a good job educating and making people aware. He also noted that he is not supporting this Petition. Mr. MacAskill noted that his comments are the same as for the last two Petitions. Mr. Howell commented that there was a time when jurisdictionally this was being considered by the State. This was being considered by the State that they offered the opportunity for the towns to opt out of the State. Secondarily, the Harwich Board of Health voted to try and hold jurist action here. He noted that it is in the wrong place, it is in the State Agriculture Department and not in the Department of Environmental Protection. He commented that this is not about saying you can't use fertilizers, it's about who it is that gets to say you use them or don't use them. His position is that to the extent that the Town could have done this, and they could have, they missed the deadline and couldn't opt out. He will support this because ultimately it doesn't ban the use of fertilizers, it determines who it is who gets to say who applies them and how they apply them. Mr. MacAskill noted that the Town's own experts, Golf Course Superintendent, landscapers and many people came and spoke on who should regulate this. He stated that the Board of Health in Harwich is not the Department of Agriculture, they are not the State and they do not have the same access to the professionals. This is covered by somebody, this is government overreach at best. Mr. Otton commented on how much the Town is willing to spend to reduce nitrogen in our environment. He noted that fertilizers contributes 15% of the nitrogen within our environments. Mr. MacAskill noted that the 15% is Mr. Otton's number. The Board had experts in the room and the Town's professionals saying that 15% is no longer the number. He suggested that Mr. Otton look back on last year's debate for the correct number. Sharon Pfleger, MS and Chair of the Board of Health was present. She commented that she is not speaking on behalf of the Board. She agreed that pesticides and fertilizers should not be used indiscriminately. There are people on Cape who are certified to use them correctly. She noted that fertilizer cannot at this time be regulated but they do have a policy which follows the state. She made other points regarding pesticides noting the positive roles that they play and emphasizing that there are two sides to the issue. Vote: 0:3:1 with Mr. MacAkill, Mr. Handler and Ms. Kavanagh opposed and Mr. Howell abstained.” (Motion: MacAskill, second: Howell)

Read it in the official minutes, page 10 (PDF)

“Mr. MacAskill moved to support Article 15 Support for a Public Access Swimming Pool and Facilities at the Harwich Community Center. Seconded by Mr. Howell. Mr. MaAskill commented that there are no numbers and he feels it is an irresponsible Article, it does not give the Town the true picture. He noted that the public should know that it would cost them upwards of 10 million dollars and more staff. He noted previous conversations that he and Mr. Powers had with a group over the last two years who were interested in a Town pool. There is a movement going on but to ask the voters to support something with no numbers attached to it seems irresponsible to him. Mr. Handler noted that he had been part of a plan to have a pool built in Falmouth. He commented that the money it was going to cost was mind-blowing. He cannot support this Petition in Harwich. Mr. Howell agreed that the Petition needs a profit and loss. He noted the cost of operating a pool, the chemicals and the corrosive pipes. People need to know what it will cost to build and more importantly to maintain it throughout the years. None of that information is in the petition. Mr. Otton explained the reason for and intent of the Petition saying that it is just to see if there is support from the Town before moving forward. Numbers will come after they know that there is support. Mr. Howell added that it would be different if the conversation had started organically. He noted that there were no conversations that included whether or not there were other towns that wanted to be part of it or if the YMCA might be interested in having a pool within the proximity that Harwich would not be responsible for maintaining. He noted conversation he has had in the past, including with Chatham and why they didn't put in their Community Center. Maintaining a pool could cost more than the Community Center itself. This Petition is too restrictive. Mr. Otton noted that he may make changes at Town Meeting to include an intermunical pool. Ms. Kavanagh commented that she appreciates the intent and noted past interest in a pool that did not go forward. She agreed that changing the wording to just find out if there is interest would be better. Mr. Handler commented that if it is Private/Non Profit, someone like Cape Cod Swim Club comes in, pays an exorbitant about of money and then the pool can't be used by the residents of the Town for a lot of hours. He added that, in a survey that was done 15 or 20 yers ago nationally, the number of people who say on a survey that people at a health club with access to a pool and actually use it is about 1%. He commented that it is not as cut and dry as, do you want a pool or not want a pool. Ms. Kavanagh noted all the pros to having a pool for all generations to use. Mr. Powers commented on previous discussions regarding a community or regional pool as recently as a year ago, noting that a Community Compact Grant had been contemplated but there was little interest from other towns. Vote: 0:4 with all members opposed.” (Motion: MacAskill, second: Howell)

Read it in the official minutes, page 11 (PDF)

“Mr. MacAskill moved to renumber Article 20 to be Article 19 and to accept, recommend and place Article 19 in the amount of $652,000 to be funded by Water Department Retained Earnings. Seconded by Mr. Handler. Vote 3:1 in favor with Mr. Howell opposed. Motion carried.” (Motion: MacAskill, second: Handler)

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

“Mr. MacAskill moved to reconsider Article 19 Capital Funding Raise & Appropriate, seconded by Mr. Howell. Vote 3:0:1 in favor with Mr. Howell abstained. Motion carried.” (Motion: MacAskill, second: Howell)

Read it in the official minutes, page 15 (PDF)