December 30, 2024

“Mr. Howell moved that the Town assume full responsibility for maintenance and snow removal for Round Cove Road and Hawksnest Road with the following conditions: 1. The Round Cove Road work shall be confined to a 14 ft. layout. 2. Initial road work should involve smoothing and filling only with grading. 3. Such work shall not commence until the Purchase and Sale between Mr. Fratus and the Native Land Conservancy has been consummated with a purchase and that further the Town will not be a signature of that Purchase and Sale Agreement. 4, That final design and road finish shall be at the discretion of the DPW Director with input from citizens in such a manner as has been his past practice. 5. And that appropriate signage shall be placed on the road at the discretion of the DPW Director. Seconded by Mr. MacAskill. Mr. Handler asked Mr. Howell to read #4 again for clarification. Mr. Howell read #4 and explained that the Board is committing to filling pot holes and laying it out. The Board is not discussing t-base or road bumps outs. The Board is not going to design a road at this meeting. He explained that it means the final design and road finish, shall be at the discretion of the DPW Director with input from citizens. The Board is leaving it up to the DPW Director to hold a Hearing in such a manner as has been his past practice. Mr. Howell noted that the DPW Director has hearings with people and the Board leaving it up to him. He will not tell him how to hold a hearing or how to design a road. Mr. Handler responded that he can support that and he would like to add the word signage by adding #5. Mr. Howell added wording for the signage to his motion. Ms. Eldredge stated that she had received tonight, five signatures from residents on or near Round Cove Road or living in the Town of Harwich. She read; "We sign our names below to say that we are in favor of the combined Conservation sale of approximately 17 acres abutting Round Cove Road in exchange for the Town of Harwich making minimal road improvements per Round Cove and Hawksnest Road. Mr. MacAskill seconded the amended motion. Mr. MacAskill asked that, through the Chair, he could ask the requestor, Ms. Dubuque, one question. Ms. Dubuque was present. : Mr. MacAskill noted that the addendum that she supplied to the Select Board for the request has different language than what the Board is about to vote. He asked her is she is comfortable with the motion that the Boar has put forward and if her addendum can be changed to reflect that in the Purchase and Sales. Ms. Dubuque responded that she guesses it can but the only thing going through her mind is timeframe. She asked if the DPW will be able to come up with what has been asked. She didn't know if it would take one or two weeks and asked if there was any way the Board could come up with a guesstimate. They have extended the Purchase and Sale Agreement. Mr. MacAskill responded that the Select Board is basically approving what she has done, with some stipulations. It will be done when they all walk out of there tonight. The work itself won't be but they will be in agreement with the exception of the use of the t-base and some of the other language that's in her Addendum. But the Board is agreeing to make that single lane road improved and to improve Seth Whitefield/Hawksnest and plow it. He explained that she will be getting all of that by vote, as long as Ms. Dubuque knows that she is going to have to change that language in the Addendum when she goes back to her attorney for the Purchase and Sale. He emphasized that the Board is not approving t-base. Ms. Dubuque replied, Okay, that's fine, and you will get that to me, I'm sure. Mr. MacAskill noted that he would also ask Administration if he can break this down and get a letter to Liz that states what the Select Board voted tonight and what the Town is going to do. As far as the timeframe on the road goes, in his conversations with the DPW Director, he said this is not a heavy lift, 2 guys, 2 days. He stated that it will be approved when she walks out tonight. Ms. Dubuque replied, okay. She also commented that the layout of the road is 20 ft. She does not see any problem, the DPW won't have to go into the State Park or into their land or Todd's land. The last lot is owned by Anthony Fava who might be listening in and he has no issue with this. It is his frontage as well. She added that she doesn't think the DPW will have to touch anybody's actual land. It will all work within the layout. Mr. MacAskill confirmed that Ms. Dubuque is clear that the Select Board is only approving a 14 ft. lane. Ms. Dubuque responded that if the DPW says that's adequate and with flattening it out, it sounds beautiful. Vote: 3:1 in favor by roll call vote with Mr. Piekarski voting against. Motion carried.” (Motion: Howell, second: MacAskill)

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

“Mr. Howell moved that the Select Board delay any consideration about what any successor building would look like until this is referred to the proper Board, that being the Historic District Commission..” (Motion: Howell)

Read it in the official minutes, page 18 (PDF)

“Mr. Piekarski moved to approve the Second Reading. Seconded by Mr. MacAskill. Mr. Howell commented, within the context of this getting approved noted; bodies under the purview at the very beginning talks about pertinent public bodies. He is hoping for an understanding or agreement that that's where the Select Board has appointing authority over the Boards, excludes elected bodies specifically like Libraries, Water/Wastewater, Monomoy School Committee and FinCom which is actually a construct of Town Meeting and is appointed by another elected Town Official. He would suggest that the Board use this as a template but he does not think the Board has the legal authority to mandate it for other legal bodies that are elected on their own. He noted that he has made the point in the past and he's hoping that the Board can make the explicit thought that pertinent actually means things that are under the Select Board's purview. Mr. MacAskill stated that he agrees with Mr. Howell. Mr. Handler asked if Mr. Howell was asking for an amendment in the language. Mr. Howell replied that it is part of the legislative history. The Board can say that what was meant by pertinent public bodies are public bodies that are either the Select Board or that the Board appoints members to. Mr. Howell explained that there Board is defining right now, and it will be in the Minutes, that the Board has defined it that way, that a pertinent public body is more specifically excluding elected bodies like the Library Trustees or the Water/Wastewater Commission or Monomoy School Committee or the Finance Committee which is appointed by a different jurisdiction. Everybody that is fed to that comes through the Town Moderator who is also elected. He continued that what we mean by pertinent in the first preamble paragraph really has to do with anything that is under that Select Board's jurisdiction. He doesn't think it needs to change, it just needs to have some history that shows that that's what the intent was. Mr. Piekarski responded that he doesn't disagree. It should be the goal and objective of each of these. Mr. Howell commented that the Board would encourage everybody to use it. Mr. Piekarski noted that within this policy, there is no section regarding punishment. Vote: 3:1 in favor by roll call vote with Mr. Howell voting against. Motion carried.” (Motion: Piekarski, second: MacAskill)

Read it in the official minutes, page 21 (PDF)

“Mr. MacAskill moved to approve a contract amendment with Tighe and Bond in the amount of $40,000 to complete the Local Comprehensive Plan for the Board to sign. Seconded by Mr. Howell. Vote: 3:1 in favor with Mr. Piekarski against. Motion carried.” (Motion: MacAskill, second: Howell)

Read it in the official minutes, page 28 (PDF)

“Mr. MacAskill moved to approve a contract with Tighe & Bond, Inc. In the amount of $198,095.00 for engineering services related to the Herring River Fish Passage at Route 124. Seconded by Mr. Handler..” (Motion: MacAskill, second: Handler)

Read it in the official minutes, page 29 (PDF)