TOWN OF
REGULAR MEETING - MONDAY, OCTOBER
14, 2008
JUDGE WELSH HEARING ROOM
Chairman Michele Couture convened the meeting at
Other
attendees: Town Manager
Recorder:
The following are meeting minutes, in brief:
1A PUBLIC
HEARING – NSTAR –
Chairman Couture read the public notice. No written comments were received from the
public.
Opened up to public
comments. None were received.
Open
discussion ensued.
Move that the Board of Selectmen vote pursuant to MGL C. 166 §22 to:
A) Approve the request of NSTAR to install cable and
conduit from Pole 6/1 under the
roadway to
provide underground service for
B ) And to
request that NSTAR provide an as-built plan to the property owner showing
actual location
and depth after installation; and further that such plans to be recorded
at
Town Hall.
C) And that the property owner and/or his agent notify
in writing or in person the following: The Abutters, Police Department, Fire
Department, and Department of Public Works the start date of construction and
date of completion.
Motion by:
1B OUTER
Mr. David
Hale, Chief Financial & Operating Office from Outer Cape Health Services,
Inc. gave a brief overview and reasoning for the new building addition and
dental services for the Outer Cape Health Services on Harry Kemp Way here in
Provincetown. Also in attendance the new Dental Director Dr. John Graves, and Medical
Director of Infectious Diseases at Outer Cape Health, Mr. Steve Lacy.
Open
discussion ensued. Announce that a new
Infection Control Doctor will be coming on board in January 2009. In the future
1C
Presenters: DPW Deputy
Directory
MOTION: Move that the Board of Selectmen vote to approve the construction of a transit enhancement shelter system for
Flex Bus passengers, provided by a National Park Service Grant, to be located
at the
Motion by:
2. PUBLIC STATEMENTS
Barbara Rushmore – Spoke on
her article of a 1% Real Estate
Tax Fee. Transfer $1.8 M on CPA funds
for restoring Town Hall. Have signatures of over 120 people. Grant Money for Shankpainter Pond under the
Land Bank has already been spent. ..Leaving $496K .. Suggest that the Board of
Selectmen release these fund towards the rehab of town hall. Have the letters been sent out to Delahunt,
etc. regarding Route 6.
Astrid Berg – 10% Open Space and 10% Historic
Reservation and 80% Housing. Suggest
that the Board of Selectmen request 10%,10%, and 80% for Historic
Preservation. Question: How much
money has been distributed to the three segments. How much is left for each
segment. Would like to see the monies
that are remaining in the Land Bank go to the restoration of town hall.
Rick Murray – Read statement into record (See
attachment #1)
Mrs. Rachel White -
Feels that Town Hall should be done all at once. What is 371 to headquarters?
Michael Rogovsky - I second everything that Astrid Berg
said. I called the Dept. of Education, and they said the Town could move to the
School. If town has less than 50
families with children in the school they can regionalize.
3. SELECTMEN STATEMENTS
There is a misconception
that the $1.7M that is set aside for community housing is not encumbered funds.
What we have is $91,461.21 available until fiscal year 2010.
Cable problems – would like
to invite a member of Comcast to a future meeting.
When will the Water Rate
reduction take effect?
Has the letter been sent to
Delahunt? Answer Yes, we got a
response from him in our mailboxes today.
MOTION: Move that the Board of Selectmen vote to contact
Representative Delahunt’s office to come
to a Board of Selectmen’s meeting to discuss the
Motion by:
MOTION: Move that the Board of Selectmen to vote sent a letter
to Representative Delahunt’s Office regarding the appointment of a Chairman for
the Dune Shack Sub-Committee.
Motion by:
David Bedard
To Dr. Murray – the Water
& Sewer Board will be holding their Public Hearing on the water rate next
week.
The Shank Painter Pond
($406K) can be used for any capital project that you could borrow money for …
like the town hall project.
My reasoning for changing
the CPA funds is that I feel the CPC does not need to be using these funds for
more housing at this time and that it should be used for repairing town hall.
Congratulations to the Cape
Cod National Seashore for fixing the bike trails.
Thanks to the Town Manager
and Alix for DOR reports.
I hear that there is
three or four CPA Articles being generated around. I plea that you all get together and discuss
your opinions and come up with just one article to save a lot of confusion on
the floor.
MOTION: Move that the Board of Selectmen vote to send a letter
to
Motion by:
Went to the PTV open house.
It was terrific, and I was glad to hear the plans for the future programs.
To Mr. Rogovsky – there was a group of us that went to the School, and we were told that the surplus space was not available. The Town Manager did look into the potential use of school property. And through their attorney we went through the process.
We have to have a public hearing to discuss the article in a timely manner.
Town water is drinkable.
MOTION: Move
that the Board of Selectmen vote to schedule a public meeting on the Warrant
Articles for
Motion by:
Michele
Couture
Silver Star Association – Can we look into the organization to determine what they are about before we accept their proclamation?
Read a letter addressed to Dana Faris &
Sewer Team from Gary Delius now apologizing and setting the record straight
concerning their property at
To Mr. Rogovsky – to follow-up on what Mr.
Knight had said; There was a complete detailed analysis done regarding the
school and town hall. Also want to verify
that your cost for the trailers is approximate.
4. APPOINTMENTS
None at this time.
5A POLICE
TRAINING – UPDATE
Open discussion ensued. Police to draft letter to District Attorney
regarding police overtime due to Court procedures.
5B RECREATION
DEPARTMENT – UPDATE
David Bedard recused himself as he
is owner of the Provincetown Gym.
Recreation Commission Attendees: Chair Treg Kaeselau and Cass Benson.
Recreation Director Brandon Motta gave a
brief update on the past and current progress of the Recreation happenings and
his department’s outlook for the future.
5C PARADE
PERMIT REQUEST
Annual Halloween Parade –
MOTION: Move that the Board of Selectmen vote to approve the Parade
Application Permit submitted by Recreation Director Brandon Motta on behalf of
the Town of
Motion by:
Yea 4
Nay 0 Abstain 1 (David Bedard)
5D1 TREASURER’S
TRANSFER
Beautification Committee Gift Fund
MOTION: Move that the Board of Selectmen vote, as
Commissioners of the Town of
Motion by:
5D2 TREASURER’S
TRANSFER
MOTION: Move that the Board of Selectmen vote, as
Commissioners of the Library Building Gift Funds, pursuant to MGL C44 § 53A, to
approve the use of $1,200.00 from the Library Building & Gift Fund -
Landscaping to pay for the attached invoice(s).
Motion by:
5E CONSERVATION
COMMISSION
Rename Curtis Property
MOTION: Move that the Board of Selectmen vote to rename the Curtis Property
located at
Motion by: David Bedard Seconded by:
5F REPEAL
OF STATE INCOME TAX INITIATIVE
Open discussion ensued. No
motions made.
5G ECONOMIC
DEVELOPMENT PERMITS
MOTION: Move that the Board of Selectmen vote to approve the Economic Development Permit gallons for
Jonathan Williams Salon Inc. as submitted; and further that the 68 gallons be
use for business use only.
Motion by:
6A PAMET LENS OVERSIGHT GROUP –
UPDATE
MOTION: Move
that the Board of Selectmen vote to approve the
Motion by:
6B
MOTION: Move that the Board of Selectmen vote to insert the
following article on the warrant for the November 17, 2008 Special Town Meeting
at the opening of the Warrant on Thursday, October 16, 2008 at 8 AM.
Article 1. General
By-law Amendment: Community Preservation Committee By-law. To see if the Town
will vote to amend the Provincetown General By-laws by amending §5-14-2-4 to
delete the words, “not less than 80%” and insert in place thereof the words,
“not less than 10%”, or to take any other action relative thereto, so that the
section will read as follows:
In
every fiscal year, the community preservation committee must recommend either
that the legislative body spend, or set aside for later spending, not less than
10% of the annual revenues in the Community Preservation Fund for open space
(not including land for recreational use), not less than 10% of the annual
revenues in the Community Preservation Fund for historic resources; and not
less than 10% of the annual revenues in the Community Preservation Fund for
community housing, or to take any other action relative thereto.
Motion by:
Yea 4
Nay 1 (
Article 2. Accept Town Collector Local Option Statute. To
see if the Town will vote, pursuant to M.G.L. ch.41, §38A, to authorize the Tax
Collector to collect, under the name of the Town and under the title of
the Town Collector, all accounts due to the Town, or to take any other
action relative thereto.
Motion by:
Article 3. Collection Costs Imposed on Delinquent Local
Taxpayers. To see if the Town will vote, pursuant to M.G.L. ch. 60, § 15, as
amended, for each written demand issued by the Town Collector a fee of $15.00
to be added to and collected as part of the tax, or to take any other action
relative thereto.
Motion by:
Article 4. Purchase of
Front End Loader. To see if the Town
will vote to raise and
appropriate or transfer from available funds the sum, more or less, of $138,848.00
for the purchase of a John Deere 544J
loader to be used by the Department of Public
Works, or to take any
other action relative thereto.
Motion by:
Article 5. Town Hall
Renovations. To see if the Town will
vote to appropriate and borrow a sum of $2,000,000.00, more or less, for Phase
I construction costs to repair the structural
integrity of the Town Hall, including structural repair of the roof and
comprehensive exterior damage at Town Hall, and including all costs incidental
and related thereto, with said borrowing authority contingent upon approval by
the voters of a Proposition 2 ½ debt exclusion ballot question, in accordance
with the provisions of M.G.L. ch.59, §21C(m); and that to meet this
appropriation, the Treasurer, with the approval of the Board of Selectmen, is
authorized to borrow said sum pursuant to M.G.L. ch. 44, §7(3A), or any other
enabling authority, and to issue bonds or notes of the Town therefore; or to
take any other action relative thereto.
Motion by:
Article 6. Town Hall Renovations. To see if the Town will vote to appropriate
and borrow a sum of $500,000.00, more or less, for Phase II design costs for
the comprehensive restoration and renovation of Town Hall, which
Motion by:
Article 7. Relocate and Alteration of Layouts of
Motion by:
Article 8. Town Acceptance of Mortgage at Private
Property Location. To see if the Town will vote to authorize the Board of
Selectmen to accept on behalf of the Town a mortgage upon property located at
467 Commercial Street, Provincetown, Massachusetts, which the Selectmen may
amend and subordinate from time to time, and to enforce said mortgage,
including the statutory power of sale there under, to secure the payment to the
Town of an amount of money due to the Town and the performance of other
obligations of M. L. Bryant, LLC, and Eugene A. Bryant (separately or together
“Bryant”) under a certain agreement between the Town and Bryant dated November
14, 2007, and of the obligations of Bryant under any promissory note or notes
given to the Town pursuant to said agreement to evidence said monetary
obligation, and to authorize the Treasurer of the Town to accept and hold said
note or notes until paid in full, or take any action relative thereto.
Motion by:
Article
9. Acceptance of M.G.L. ch.90, §20A ½ -Schedule of Fines for Parking
Violations
To see if the
Town will vote to rescind its acceptance of M.G.L. ch.90, §20A and to accept
M.G.L. ch.90, §20A1/2, effective January 1, 2009, which authorizes the Board of
Selectmen to establish by regulation a schedule of fines for parking
violations, or take any action relative thereto.
Motion by:
Article 10. Use
of Free Cash to Fund FY2009 Budget To see if the Town will vote
to transfer from free cash
the sum or sums to fund
the operating budget of the Town for the fiscal year beginning
July first, two thousand and eight, or take any other action relative thereto.
Motion by:
Article 11. Use of Free Cash for Capital Projects. To see
if the Town will vote to transfer from free cash the sum or sums to the various
capital projects as listed below, or any other capital project, or to take any
other action relative thereto.
Motion by:
Article 12. Use of Free Cash for Special Revenue Funds.
To see if the Town will vote to transfer from free cash the sum or sums to the
various special revenue funds as listed below, or any other special revenue
fund or to take any other action relative thereto.
Motion by:
Article 13. Stabilization Fund. To see if the Town will
vote to transfer from free cash the sum of $250,000 to the stabilization fund
or to take any other action relative thereto.
Motion by:
Article 14. Room Occupancy Tax. To see if the Town will vote to authorize the
Board of Selectmen to petition the General Court for special legislation
authorizing the Town to impose a room occupancy tax on vacation rentals not
currently subject to such tax; provided, however, that the General Court may
make clerical or editorial changes of form only to said
Motion by:
6C INSERT
BALLOT QUESTIONS
MOTION: Move that the Board of Selectmen vote to insert the
following questions on to the
1) Shall the Town of Provincetown be allowed to exempt
from the provisions of proposition two and one-half, so called, the amounts
required to pay for the bond issued in order to repair the structural integrity
of the Town Hall, including structural repair of roof and comprehensive exterior
damage at Town Hall, and including all costs incidental and related thereto?
2) Shall the Town of Provincetown be allowed to exempt
from the provisions of proposition two and one-half, so called, the amounts
required to pay for the bond issued in order to fund Phase II design costs for
the comprehensive restoration and renovation of Town Hall, which
Motion
by:
6D CAPE COD MUNICIPAL HEALTH GROUP
Change of Alternate Representative
MOTION: Move that the Board of Selectmen vote to appoint Employee Benefits
Administrator
Motion by:
6E TOWN
MANAGER FOLLOW-UP /OTHER
Three weeks away from move to trailers. Inmates are working at the library and we are
feeding them. Thanks to Paul Fanizzi of
Fanizzi’s Restaurant for donating Dinner for the workers tonight.
6E1 ALTERATION
OF LAYOUTS FOR ALDEN, CEMETERY & STANDISH
ORDER
OF RELOCATION
MOTION: Move that the BOARD OF SELECTMEN of the TOWN OF PROVINCETOWN, acting pursuant to G.L. c.82, §§21-24, having deemed that common convenience and necessity require the relocation and alteration of the layouts as public ways of Alden Street, Cemetery Road, and Standish Street, hereby relocates and alters the layouts of Alden Street, Cemetery Road, and Standish Street as public ways as shown on the plan referenced below, and the boundaries of Cemetery Road and Standish Street as public ways are hereby relocated and altered to include within the layout of said roadways the parcel of land located at the intersection of Cemetery Road and Standish Street and shown as “Alteration A=113 Sq.Ft.+ To Become a Portion of Cemetery Road” on a plan of land entitled “Plan of Land in Provincetown Showing Alterations to the Layouts of Cemetery Road, Standish Street and Alden Road,” dated June 30, 2008, prepared by Slade Associates, Inc., and the boundaries of Alden Street and Cemetery Road as public ways are hereby relocated and altered to exclude from the layout of said roadways the parcel of land located at the intersection of Alden Street and Cemetery Road, and shown as “Area to be Abandoned” on the aforesaid plan.
Motion by:
6E2 TREASURER’S TRANSFER
John Anderson Francis
Scholarship Fund
MOTION: Move that the Board of Selectmen vote, as
Commissioners of the Scholarship Funds, to approve the transfer of $21,250.00
from the John Anderson Francis Scholarship Fund for the payment of
scholarship(s).
Motion by:
6E3 TREASURER’S TRANSFER
Captain Joseph F.
Oliver Scholarship Fund
MOTION: Move that the Board of Selectmen vote, as
Commissioners of the Scholarship Funds, to approve the transfer of $18,000.00
from the Captain Joseph F. Oliver Scholarship Fund for the payment of
scholarship(s).
Motion by:
7. MINUTES
OF BOARD OF SELECTMEN‘S MEETINGS
MOTION: Move that the Board of Selectmen vote to
approve the minutes of
Motion by:
MOTION: Move that the Board of Selectmen vote to
approve the minutes of
Motion by:
8. CLOSING STATEMENTS
David Bedard.
MOTION: Move that the Board of Selectmen vote to send
a thank you to Paul Fanizzi for his donation of dinner for the Crew at the
Library.
Motion by:
I have been attending PPPC meetings and find that they have been
doing quite a good job.
Letter from gallery owners. (
9. EXECUTIVE SESSION
MOTION:
Move that the Board of Selectmen vote,
pursuant to MGL C. 39, §23B, clause 3 to go into executive session for the
purpose of discussing non-union; and not to convene in open session thereafter.
[Roll Call Vote]
Motion by: David Bedard Seconded
by:
Yea 5 Nay
0 - Motion Passes -
The
Board went into executive session at
Minutes transcribed by: