The Harwich Board of Water and Wastewater Commissioners is seeking to reclaim authority over the town’s massive $500 million wastewater infrastructure project, arguing that technical oversight should rest with their department rather than the Select Board. During a joint session with the Charter Commission on Thursday, Water and Wastewater Chair Noreen Donahue raised concerns that the current town charter may be illegally splitting authority granted by Massachusetts General Law. Donahue noted that while state law gives the board power over design and construction, the town charter currently restricts them to operations and maintenance. We wonder if it is legal to split the authority of a Mass General Law this way, Donahue said, adding that the board is awaiting a formal legal opinion from town counsel.

A central point of contention involves the independence of the Water and Wastewater Department from the Town Administrator's office. The commissioners are requesting explicit charter language giving them the sole power to appoint and remove their superintendent, a move meant to ensure professional stability as the town navigates its multi-decade sewer expansion. Superintendent Jason Trapani expressed frustration with the current administrative bottlenecks, particularly regarding staffing and budget management for the department’s enterprise fund. As the system grows, we will have 11 pump stations soon, Trapani told the commission. If I need a person, I shouldn't have to go through the Town Administrator if the funding is in our budget.

The push for departmental autonomy comes as Harwich grapples with the Strong Town Administrator model adopted in recent years. Charter Commission member Richard noted that the hiring and removal should be relatively consistent throughout the Charter, whether it's Library Trustees or Wastewater. Commission Chair Sandy Seager suggested the town might look to the existing governance of the Brooks Free Library as a potential guide, noting, The Library Trustees are the model where they are responsible for administration and staff appointment. However, Commissioner Judith Underwood cautioned against viewing the Select Board as unqualified to lead the project, stating that the Select Board decisions are informed by engineering consultants, they aren't making them in a vacuum.

Financial transparency also emerged as a priority for the water commissioners, who requested a requirement that the Finance Director notify them of any transactions involving enterprise funds. Donahue noted that contracts are sometimes signed or entries made without the board's knowledge until year-end audits. Commissioner Bob Young supported the general recommendations of the board to clarify the department's independent operational authority. Earlier in the session, the Charter Commission Motion Made by Richard to approve the minutes of November 13th. Motion Passed (5-0-0).

The meeting shifted to a broader debate over whether Harwich should move more of its powerful regulatory bodies, such as the Planning Board, Zoning Board of Appeals (ZBA), and Conservation Commission, from appointed to elected status. Commissioner Lou Urbano argued that these boards have a profound impact on the town's future and should be more directly accountable to voters. I think regulatory boards like Planning, ZBA, and Conservation should be brought closer to the people, Urbano said. Being elected might make them more responsive to citizens.

Other members expressed skepticism, pointing to a 15 percent vacancy rate across town committees. With 34 seats currently empty, Richard pushed back against the elected model, stating, If people won't even step up for an interview to be appointed, they aren't going to run for election. We're having a tough time getting quorums as it is. Commissioner Brendan Lowi suggested a possible compromise, noting that maybe we look at one or two members of regulatory boards being elected rather than the whole board.

The commission also discussed ways to improve public engagement and volunteer recruitment. John Abson offered to represent the commission at a future Select Board meeting to solicit public input, stating I am happy to go... and say the Charter Commission is looking for input. The commission plans to continue the debate on elected versus appointed boards next week, specifically focusing on the Board of Health and the Board of Assessors.