TOWN OF PROVINCETOWN - BOARD OF SELECTMEN

 

REGULAR MEETING - MONDAY, JANUARY 12, 2009

 

VETERANS MEMORIAL SCHOOL – MULTI PURPOSE ROOM


Chairman Michele Couture convened the meeting at 6:00 PM noting the following Board of Selectmen attending: Michele Couture, Elaine Anderson, Mary-Jo Avellar, Austin Knight, David Bedard

 

Other attendees: Town Manager Sharon Lynn, Assistant Town Manager David Gardner, Town Accountant Alix Heilala

 

Recorder: Vernon G. Porter

 

The following are meeting minutes, in brief:

 

1.      PUBLIC HEARING – TAX RATE CLASSIFICATION

      FY 2009 Property Tax Rate

 

      Chairman Couture read the Public Hearing notice into the record.

 

      Public Comments:  Barbara Rushmore feels that the town should have a split tax rate.

 

Move that the Board of Selectmen vote, pursuant to MGL C.40,§56, as follows relative to the FY 2009 property tax:

 

1.      to establish a residential factor of "1".  

 

Motion by: Mary-Jo Avellar       Seconded by: Elaine Anderson           Yea  5    Nay  0  

 

2.      NOT  to adopt  a "residential exemption".

 

Motion by: Austin Knight            Seconded by: Elaine Anderson           Yea  5    Nay  0  

 

3.   NOT to adopt a "small business exemption.

 

Motion by: Mary-Jo Avellar        Seconded by: Elaine Anderson           Yea  5    Nay  0  

 

 

1B       PUBLIC HEARING: GROWTH MANAGEMENT ANNUAL REPORT

            [Zoning By-Laws 6600 (3)]

 

MOTION: Move that the Board of Selectmen vote, pursuant to the Provincetown Zoning By-Laws Section 6600, Growth Limitation Goal Allocations, to make the following findings that the average daily withdrawal for the Provincetown Water System in 2008 was 695,602 GPD; that the permitted level is 850,000 GPDs; and that, therefore, the Town is in compliance with the water withdrawal permit issued by the Department of Environmental Protection (“DEP”) pursuant to 310 CMR 36.00 and all applicable rules and regulations by DEP with respect thereto.

 

Motion by: Mary-Jo Avellar             Seconded by: Austin Knight            Yea  5    Nay  0  

           

1C       GROWTH MANAGEMENT REVIEW

            By-Law Amendment Recommendations for April Town Meeting

 

MOTION: Move that the Board of Selectmen vote to endorse the recommendations of the Growth Management team and the Town Board's and move forward with the Planning Board's public process leading to a Growth Management bylaw amendment at the April Town Meeting.

 

Motion by: Elaine Anderson             Seconded by: David Bedard            Yea  5    Nay  0  

 

MOTION: Move that the Board of Selectmen vote to schedule a public hearing on February 9, 2009 to consider changes to the Board of Selectmen's Economic Development Policy 2007-03-12 and the Economic Development Permit Guidelines and Procedures.

 

Motion by: Elaine Anderson             Seconded by: Austin Knight            Yea  5    Nay  0  

 

1D       WASTEWATER

            Proposed Optimization of the Sewer System

 

MOTION:  Move that the Board of Selectmen vote to direct the Town Manager to request that the Sewer Team prepare a Warrant Article for the April 2009 Town Meeting for the proposed East End Optimization of the Sewer System.

 

Motion by: Elaine Anderson     Seconded by:  Michele Couture

                       Yea  4    Nay  1  (Mary-Jo Avellar)  

 

                                                           

2.         PUBLIC STATEMENTS

 

Candace Nagle  -  Talked about Pier Management and would like to have  Selectman Bedard as Board of Selectmen’s liaison to Pier Corp.

 

Rick Murray  - 1)  Need directions from Board of Selectmen regarding finances for fireworks this year.  Will reconvene Fireworks Fundraising task Force to raise the necessary money but has to know where they stand in order to move forward.  2) Licensing regulations should be applied to everyone across the board.

 

George Bryant   Passed out picture of the Bas Relief – in great need of improvements and funding.

 

Barbara Rushmore Licensing regulations should not restrict businesses but encourage them to expand and to be open year round.

 

3.         SELECTMEN STATEMENTS

               

David Bedard  - Concerned over budget process and the failure to make tough decision.

 

Elaine Anderson – Also concerned over the budget process

 

Austin Knight  -  Full cost of fireworks is not within the budget. Would like an update on the fireworks gift fund balance and have Fireworks on the agenda for February 9th. 

 

Reminder to have CPC grant for Town Hall preservation. 

Mary-Jo Avellar recused herself and left the room as her husband is a town employee who services are leased to the Provincetown Public Pier Corporation 

 

Discussion of having David Bedard as the Board of Selectmen representative liaison to the Pier Corp.

 

MOTION:  Move that the Board of Selectmen vote to nominate David Bedard to be the Board of Selectmen’s representative liaison with the Provincetown Public Pier Corporation.

 

Motion by:  Austin Knight             Seconded by: David Bedard

                     Yea  2    Nay  2 (Elaine Anderson/Michele Couture) – Motion Does Not pass -

 

Schedule a joint meeting with PPPC for February 9, 2009 at 4 PM .

 

            Mary-Jo Avellar returned.

 

Mary-Jo Avellar

 

MOTION:  Move that the Board of Selectmen vote to send a note of condolence to the family of Alice Reyes.

 

Motion by:  Mary-Jo Avellar              Seconded by: Austin Knight         Yea  5     Nay  0

 

Is it legal for the Board of Selectmen to meet on property not owned by the town?

 

Understand that Town Hall is being heating during construction period – why?

 

COMCAST has moved country music channel.

 

MOTION:  Move that the Board of Selectmen vote to send a letter to our congressional delegates to delay the digital conversion.

 

Motion by:  Mary-Jo Avellar              Seconded by: Elaine Anderson          Yea  5     Nay  0

 

MOTION:  Move that the Board of Selectmen vote to contact NSTAR to determine the progress of improvements to Winslow Street. 

 

Motion by:  Mary-Jo Avellar              Seconded by: Austin Knight               Yea  5     Nay  0

 

Letter from the public regarding the request for CPC applications – make sure we apply.

 

Can the Licensing Board change dates for seasonal licenses that may be in conflict with State Liquor Licenses?

          

Michele Couture

 

Would like to invite Sarah Peake to our meting.

 

4A       APPOINTMENT

 

MOTION: Move that the Board of Selectmen vote to re-appoint Mary Ann Powers as a Regular Member of the Beautification Commission with a term expiration date of December 31, 2011.

 

Motion by:  Mary-Jo Avellar              Seconded by: David Bedard         Yea  5     Nay  0

            MOTION: Move that the Board of Selectmen vote to re-appoint Patricia DeLuca and Mike Wright as Regular Members of the Cultural Council with a term expiration dates of December 31, 2011.

 

Motion by:  Mary-Jo Avellar              Seconded by: Austin Knight         Yea  5     Nay  0

 

MOTION: Move that the Board of Selectmen vote to appoint Carrie Notaro as a Regular Member of the Recreation Commission with a term expiration date of December 31, 2011.

 

Motion by:  Mary-Jo Avellar              Seconded by: Austin Knight         Yea  5     Nay  0

 

            MOTION: Move that the Board of Selectmen vote to appoint Dorothy Palanza as a Regular Member of the Planning Board with a term expiration date of December 31, 2011.

 

Motion by:  Elaine Anderson              Seconded by: David Bedard

                              Yea  4     Nay  1 (Austin Knight)

 

5A       FINE ARTS WORK CENTER

            Preservation Restriction and Community Preservation Grant Agreement

           

MOTION: Move that the Board of Selectmen vote to accept and execute the Preservation Restriction Agreement and Community Preservation Act Grant Agreement for the Rehabilitation and Repair of the Days Lumberyard Building of the Fine Arts Work Center.

 

Motion by:  Mary-Jo Avellar          Seconded by: Elaine Anderson        Yea  5   Nay  0

       

5B       TREASURER’S TRANSFERS

            Library Building Gift Fund – Landscaping

           

            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 $1,540.00 from          the Library     Building & Gift Fund - Landscaping to pay for the attached invoice(s).

 

Motion by:  Mary-Jo Avellar            Seconded by: Elaine Anderson           Yea  5     Nay  0

 

6A       TOWN MANAGER FOLLOW-UP / OTHER

               

MOTION: Move that the Board of Selectmen vote to direct the Town Manager to apply to the CPC for grant funds for the rehab of Town Hall.

 

Motion by:  Austin Knight               Seconded by:  Elaine Anderson          Yea  5   Nay  0

 

Joint meeting request with the Board of Fire Engineers on January 29, 2009 at 6: 00 PM to b e held at the Fire Station.

 

6B       POLICE: PORT SECURITY GRANT

 

            This agenda item tabled to a future date.

 

7.         MINUTES OF MEETINGS

 

            None at this time.

 

8.         CLOSING STATEMENTS  -  None

     

9.         BARGAIN STRATEGY

      MGL C. 39, §23B, cl. 3                      

 

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 litigation; and not to convene in open session thereafter. [Roll Call Vote]

 

Mary-Jo Avellar – Yes                       Austin Knight – Yes              David Bedard – Yes

 

            Elaine Anderson – Yes                      Michele Couture – Yes

 

Motion by:  Austin Knight     Seconded by: Mary-Jo Avellar                

 

                            Yea  5   Nay  0    - Motion Passes -

 

            The Board adjourned to go into Executive Session at 10:20 PM.

 

Minutes transcribed by:  Vernon G. Porter, Secretary to Board of Selectmen

                                         February 12, 2009