← Provincetown Select Board

Provincetown Select Board · 2017–2018 Board · Meeting night

February 12, 2018

2 meetings this evening, 23 recorded votes in all, in the order they were held.

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Provincetown Select Board · Special meeting

Sources: Official minutes (PDF) · Agenda

Attendance

Present: Cheryl Andrews, Erik Yingling, Robert Anthony, Tom Donegan, Louise Venden

Absent: None

6 recorded votes, 3 with disagreement. This meeting on its own page

1. Continued discussion of Charter Commission proposed changes to the Charter and the role of the Board of

Instruct the Town Manager to work with staff and KP Law to prepare an analysis of the proposed revised charter

Minutes, page 2

ApprovePassed · Unanimous, 5 present

CA - Move that the Board of Selectmen instruct the Town Manager to work with staff and KP Law to prepare an analysis of the proposed revised charter.

From the minutes

“CA - Move that the Board of Selectmen instruct the Town Manager to work with staff and KP Law to prepare an analysis of the proposed revised charter. RA - second LV - the only thing I want to suggest, to what extend will you or anyone want to have to entertain specific questions. DP - just send those question to me. Is there a time frame you would like this back in.? CA - I think 2 weeks. Vote 5-0-0.” (Motion: Andrews, second: Anthony)

Read it in the official minutes, page 2 (PDF)

2. Discuss on MOLA (Massachusetts Opioid Litigation Attorneys)

Authorize the Chair of the Board to Sign the Engagement to Represent with KP Law and MOLA

Minutes, page 2

ApprovePassed · Unanimous, 5 present

TD - Move to authorize the Chair of the Board to Sign the Engagement to Represent with KP Law and MOLA.

From the minutes

“TD - Move to authorize the Chair of the Board to Sign the Engagement to Represent with KP Law and MOLA. RA seconded Vote 5-0-0..” (Motion: Donegan, second: Anthony)

Read it in the official minutes, page 2 (PDF)

Recess the 5 o'clock meeting and moved to resume after the 6pm meeting

Minutes, page 3

ProceduralPassed · Unanimous, 5 present

CA - move to recess the 5 o'clock meeting and moved to resume after the 6pm meeting.

From the minutes

“CA - move to recess the 5 o'clock meeting and moved to resume after the 6pm meeting. RA - second 5-0-0..” (Motion: Andrews, second: Anthony)

Read it in the official minutes, page 3 (PDF)

3. The Board of Selectmen will vote to go into Executive Session pursuant to MGL c30A, Section 21(a),

Go into executive session

Minutes, page 3

ProceduralPassed · No count or names in the minutes

Clauses 1, 2, 3, 4, 6, 7, and 8 - To consider the approval and/or release of Executive Session Minutes for 2017& 2018.

The minutes say "Roll Call" but do not list the votes. The minutes do not say who made or seconded this motion.

From the minutes

“Clauses 1, 2, 3, 4, 6, 7, and 8 - To consider the approval and/or release of Executive Session Minutes for 2017& 2018. Roll Call Vote:.”

Read it in the official minutes, page 3 (PDF)

Approve the minutes of: January 2, 2018 5:00 pm (Special), January 3, 2018 5:00 pm (Special), January 8, 2018 6:00 pm (regular), and January 10, 2018 5:00 pm (regular) as printed

Minutes, page 3

ProceduralPassed · 4–0

Selectman Donegan moved that the Board of Selectmen approve the minutes of: January 2, 2018 5:00 pm (Special), January 3, 2018 5:00 pm (Special), January 8, 2018 6:00 pm (regular), and January 10, 2018 5:00 pm (regular) as printed

The minutes give the count as 4-0, but 5 members were present for this vote (Cheryl Andrews, Erik Yingling, Robert Anthony, Tom Donegan and Louise Venden). Showing the count only.

From the minutes

“Selectman Donegan moved that the Board of Selectmen approve the minutes of: January 2, 2018 5:00 pm (Special), January 3, 2018 5:00 pm (Special), January 8, 2018 6:00 pm (regular), and January 10, 2018 5:00 pm (regular) as printed; Selectman Venden seconded the motion. VOTED In Favor: 4 Opposed: 0 Abstain: 0.” (Motion: Donegan, second: Venden)

Read it in the official minutes, page 3 (PDF)

Adjourn the meeting

Minutes, page 3

ProceduralPassed · No count or names in the minutes

Without objection the meeting was adjourned

The minutes say this was approved "without objection" and do not record a count or how each member voted.

From the minutes

“Without objection the meeting was adjourned.”

Read it in the official minutes, page 3 (PDF)

Provincetown Select Board · Regular meeting

Sources: Official minutes (PDF) · Agenda

Attendance

Present: Cheryl Andrews, Erik Yingling, Robert Anthony, Tom Donegan, Louise Venden

Absent: None

During the meeting:

  • Cheryl Andrews stepped aside (recused) at 8:26 pm and returned by 8:31 pm.

17 recorded votes, 5 with disagreement. This meeting on its own page

Consent Agenda

Approve the consent agenda

Minutes, page 1

ApprovePassed · Unanimous, 5 present

Without objection Chair Andrews waived the reading of the consent agenda and without objection it was approved unanimously by the Board of Selectmen

From the minutes

“Without objection Chair Andrews waived the reading of the consent agenda and without objection it was approved unanimously by the Board of Selectmen.”

Read it in the official minutes, page 1 (PDF)

Pursuant to the Provincetown Zoning By- Laws Section 6600 (3), Growth Limitation Goal Allocations, to make the following finding that the average daily withdrawal for the Provincetown Water System...

Minutes, page 3

ApprovePassed · Unanimous, 5 present

Vice Chair Yingling moved that the Board of Selectmen vote, pursuant to the Provincetown Zoning By- Laws Section 6600 (3), Growth Limitation Goal Allocations, to make the following finding that the average daily withdrawal for the Provincetown Water System in 2017 was 613,943 GPD; below 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") and all applicable rules and regulations by DEP with respect thereto, and to make the following 2018 allocations to growth management

From the minutes

“Vice Chair Yingling moved that the Board of Selectmen vote, pursuant to the Provincetown Zoning By- Laws Section 6600 (3), Growth Limitation Goal Allocations, to make the following finding that the average daily withdrawal for the Provincetown Water System in 2017 was 613,943 GPD; below 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") and all applicable rules and regulations by DEP with respect thereto, and to make the following 2018 allocations to growth management: Category 1a: 550 gallons Category 1b: 550 gallons Category 1c: 550 gallons Category 2: 1100 gallons Category 3: 1870 gallons Category 4: 1250 gallons Category 4a: 2500 gallons. And further to approve policy recommendations 1-11 provided in the report on page 20 & 21. Selectman Anthony seconded the motion VOTED In Favor: 5 Opposed: 0 Abstain: 0.” (Motion: Yingling, second: Anthony)

Read it in the official minutes, page 3 (PDF)

B. Economic Development Permit 18-01 - 78 Bradford Street - Crowne Pointe Inn by Thomas Walter and

Approve the amended Economic Development Permit 17- 03 for 20 Province Road, by William Rogers and designate the entire property a public use for the purposes of hooking up to the sewer....

Minutes, page 4

ApprovePassed · 4–1

Vice Chair Yingling moved that the Board of Selectmen vote to approve the amended Economic Development Permit 17- 03 for 20 Province Road, by William Rogers and designate the entire property a public use for the purposes of hooking up to the sewer. consistent with the criteria set forth in Selectmen's Policy 2017-03-13, specifically: Projects that are consistent with the Local Comprehensive Plan and Support, create or enhance year-round employment opportunities/incomes and/or Support an extended employment season of at least 9 months and/or Help to diversify Provincetown's year-round economic base and/or Create, expand or maintain the provision of transient occupancy rooms (commercial) available to visitors and/or subject to the attached permit with conditions as submitted.

Yes: Anthony, Donegan, Venden, YinglingNo: Andrews

From the minutes

“Vice Chair Yingling moved that the Board of Selectmen vote to approve the amended Economic Development Permit 17- 03 for 20 Province Road, by William Rogers and designate the entire property a public use for the purposes of hooking up to the sewer. consistent with the criteria set forth in Selectmen's Policy 2017-03-13, specifically: Projects that are consistent with the Local Comprehensive Plan and Support, create or enhance year-round employment opportunities/incomes and/or Support an extended employment season of at least 9 months and/or Help to diversify Provincetown's year-round economic base and/or Create, expand or maintain the provision of transient occupancy rooms (commercial) available to visitors and/or subject to the attached permit with conditions as submitted. Selectman Anthony seconded the motion VOTED In Favor: 4 Opposed: 1(ca) Abstain: 0.” (Motion: Yingling, second: Anthony)

Read it in the official minutes, page 4 (PDF)

C. Pole Hearing - Utility Pole NYNEX 36 2035s nearest 134 Bradford Street - Lyle Bookbinder on behalf of

Pursuant to MGL C.166,§22, to approve the license request of Mobilitie to install backhaul transport equipment (wireless communication antenna) on top of existing utility poles within the public...

Minutes, page 5

ApprovePassed · Unanimous, 5 present

Vice Chair Yingling moved that the Board of Selectmen vote, pursuant to MGL C.166,§22, to approve the license request of Mobilitie to install backhaul transport equipment (wireless communication antenna) on top of existing utility poles within the public way at the following locations

From the minutes

“Vice Chair Yingling moved that the Board of Selectmen vote, pursuant to MGL C.166,§22, to approve the license request of Mobilitie to install backhaul transport equipment (wireless communication antenna) on top of existing utility poles within the public way at the following locations: Utility Pole NYNEX 36 2035x nearest 134 Bradford Street. Selectman Anthony seconded the motion VOTED In Favor: 5 Opposed: 0 Abstain: 0.” (Motion: Yingling, second: Anthony)

Read it in the official minutes, page 5 (PDF)

D. Pole Hearing - Utility Pole #1/51, cRAN_CP 21_P4A nearest 0 Gosnold Street/ 253 A Commercial Street

Pursuant to MGL C.166,§22, to approve the construction and maintain telecommunications wires and wireless attachment appurtenances, including fiber cables(s), remote nodes and pole top antennas,...

Minutes, page 6

ApprovePassed · Unanimous, 5 present

Vice Chair Yingling moved that the Board of Selectmen vote, pursuant to MGL C.166,§22, to approve the construction and maintain telecommunications wires and wireless attachment appurtenances, including fiber cables(s), remote nodes and pole top antennas, to be attached to existing Eversource utility poles, located upon, along and under the public ways within the Town of Provincetown, as substantially shown on the plans filed with said Petition. In addition, AT&T is requesting permission to install conduit or direct bury fiber cable(s) as depicted on the plans submitted: At the following location

From the minutes

“Vice Chair Yingling moved that the Board of Selectmen vote, pursuant to MGL C.166,§22, to approve the construction and maintain telecommunications wires and wireless attachment appurtenances, including fiber cables(s), remote nodes and pole top antennas, to be attached to existing Eversource utility poles, located upon, along and under the public ways within the Town of Provincetown, as substantially shown on the plans filed with said Petition. In addition, AT&T is requesting permission to install conduit or direct bury fiber cable(s) as depicted on the plans submitted: At the following location: Utility Pole #1/51, cRAN_CP 21_P4A Nearest 0 Gosnold Street/ 253 A Commercial Street. Selectman Anthony seconded the motion VOTED In Favor: 5 Opposed: 0 Abstain: 0.” (Motion: Yingling, second: Anthony)

Read it in the official minutes, page 6 (PDF)

E. Pole Hearing - Utility Pole #38A, CRan_CP 20_P4B nearest 10 Freeman Street - application by Tim

Pursuant to MGL C.166, §22, to approve the construction and maintain telecommunications wires and wireless attachment appurtenances, including fiber cables(s), remote nodes and pole top antennas,...

Minutes, page 6

ApprovePassed · Unanimous, 5 present

Vice Chair Yingling moved that the Board of Selectmen vote, pursuant to MGL C.166, §22, to approve the construction and maintain telecommunications wires and wireless attachment appurtenances, including fiber cables(s), remote nodes and pole top antennas, to be attached to existing Eversource utility poles, located upon, along and under the public ways within the Town of Provincetown, as substantially shown on the plans filed with said Petition. In addition AT&T is requesting permission to install conduit or direct bury fiber cable(s) as depicted on the plans submitted: At the following location

From the minutes

“Vice Chair Yingling moved that the Board of Selectmen vote, pursuant to MGL C.166, §22, to approve the construction and maintain telecommunications wires and wireless attachment appurtenances, including fiber cables(s), remote nodes and pole top antennas, to be attached to existing Eversource utility poles, located upon, along and under the public ways within the Town of Provincetown, as substantially shown on the plans filed with said Petition. In addition AT&T is requesting permission to install conduit or direct bury fiber cable(s) as depicted on the plans submitted: At the following location: Utility Pole #38A, CRan_CP 20_P4B Nearest 10 Freeman Street Selectman Anthony seconded the motion VOTED In Favor: 5 Opposed: 0 Abstain: 0.” (Motion: Yingling, second: Anthony)

Read it in the official minutes, page 6 (PDF)

F. Pole Hearing - Utility Pole #1934, cRAN_CP 18_P20A nearest 963 Commercial Street - application by

Pursuant to MGL C.166, §22, to approve the construction and maintain telecommunications wires and wireless attachment appurtenances, including fiber cables(s), remote nodes and pole top antennas,...

Minutes, page 7

ApprovePassed · Unanimous, 5 present

Vice Chair Yingling moved that the Board of Selectmen vote, pursuant to MGL C.166, §22, to approve the construction and maintain telecommunications wires and wireless attachment appurtenances, including fiber cables(s), remote nodes and pole top antennas, to be attached to existing Eversource utility poles, located upon, along and under the public ways within the Town of Provincetown, as substantially shown on the plans filed with said Petition. In addition AT&T is requesting permission to install conduit or direct bury fiber cable(s) as depicted on the plans submitted: At the following location

From the minutes

“Vice Chair Yingling moved that the Board of Selectmen vote, pursuant to MGL C.166, §22, to approve the construction and maintain telecommunications wires and wireless attachment appurtenances, including fiber cables(s), remote nodes and pole top antennas, to be attached to existing Eversource utility poles, located upon, along and under the public ways within the Town of Provincetown, as substantially shown on the plans filed with said Petition. In addition AT&T is requesting permission to install conduit or direct bury fiber cable(s) as depicted on the plans submitted: At the following location: Utility Pole #1934, cRAN_CP 18_P20A Nearest 963 Commercial Street Selectman Anthony seconded the motion VOTED In Favor: 5 Opposed: 0 Abstain: 0.” (Motion: Yingling, second: Anthony)

Read it in the official minutes, page 7 (PDF)

A. Provincetown Public Pier Corporation - Francesca D. Cerutti and Lorrie "Lee" Ash

Appoint Lorrie "Lee" Ash as a regular member to the Provincetown Public Pier Corporation effective immediately and expiring on July 29, 2018

Minutes, page 9

AppointPassed · Unanimous, 5 present

Selectman Donegan moved that the Board of Selectmen vote to appoint Lorrie "Lee" Ash as a regular member to the Provincetown Public Pier Corporation effective immediately and expiring on July 29, 2018.

From the minutes

“Selectman Donegan moved that the Board of Selectmen vote to appoint Lorrie "Lee" Ash as a regular member to the Provincetown Public Pier Corporation effective immediately and expiring on July 29, 2018. Selectman Anthony seconded the motion. VOTED In Favor: 5 Opposed: 0 Abstain: 0.” (Motion: Donegan, second: Anthony)

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

B. Histroical Distric Commission PAAM Rep

Appoint Theodore T. Jones as the PAAM member to the Historic District Commission effective immediately and expiring on December 31, 2020

Minutes, page 10

AppointPassed · Unanimous, 5 present

Vice Chair Yingling moved that the Board of Selectmen vote to appoint Theodore T. Jones as the PAAM member to the Historic District Commission effective immediately and expiring on December 31, 2020.

From the minutes

“Vice Chair Yingling moved that the Board of Selectmen vote to appoint Theodore T. Jones as the PAAM member to the Historic District Commission effective immediately and expiring on December 31, 2020. Selectman Venden seconded the motion. VOTED In Favor: 5 Opposed: 0 Abstain: 0.” (Motion: Yingling, second: Venden)

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

C. Community Housing Council - Elizabeth Williams

That the Board of Selectmen vote to Elizabeth Williams as a regular member to the Community Housing Council effective immediately and expiring on June 30, 2019

Minutes, page 10

ApprovePassed · Unanimous, 5 present

Selectman Donegan move that that the Board of Selectmen vote to Elizabeth Williams as a regular member to the Community Housing Council effective immediately and expiring on June 30, 2019.

From the minutes

“Selectman Donegan move that that the Board of Selectmen vote to Elizabeth Williams as a regular member to the Community Housing Council effective immediately and expiring on June 30, 2019. Selectman Venden seconded the motion. VOTED In Favor: 5 Opposed: 0 Abstain: 0.” (Motion: Donegan, second: Venden)

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

A. Registered Marijuana Dispensing Facility Policy Discussion

Reconsider the following motion made on February 27, 2017; move that the Board of Selectmen vote to not consider any additional registered marijuana dispensing from persons outside of Provincetown...

Minutes, page 11

ApprovePassed · 4–1

Selectman Donegan moved to reconsider the following motion made on February 27, 2017; move that the Board of Selectmen vote to not consider any additional registered marijuana dispensing from persons outside of Provincetown until such time that the Department of Public Health act on some or all of the three pending requests.

Yes: Anthony, Donegan, Venden, YinglingNo: Andrews

From the minutes

“Selectman Donegan moved to reconsider the following motion made on February 27, 2017; move that the Board of Selectmen vote to not consider any additional registered marijuana dispensing from persons outside of Provincetown until such time that the Department of Public Health act on some or all of the three pending requests. Selectman Anthony seconded the motion. VOTED In Favor: 4 Opposed: 1 (ca) Abstain: 0.” (Motion: Donegan, second: Anthony)

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

Open the application process for Medical Marijuana Dispensaries without limitation to residency and ask staff to report back on the current Host Agreement

Minutes, page 11

ApprovePassed · Unanimous, 5 present

Selectmen Donegan moved to open the application process for Medical Marijuana Dispensaries without limitation to residency and ask staff to report back on the current Host Agreement.

From the minutes

“Selectmen Donegan moved to open the application process for Medical Marijuana Dispensaries without limitation to residency and ask staff to report back on the current Host Agreement. Selectman Anthony seconded the motion. VOTED In Favor: 5 Opposed: 0 Abstain: 0.” (Motion: Donegan, second: Anthony)

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

B. Request by Verdant Medical, Inc. for a letter of Non Opposition for Medical Marijuana

Direct the Town Manager to negotiate a Community Host Agreement with Verdant Medical, Inc. to locate a Medical Marijuana dispensary at 44 Captain Bertie's Way, to bring a draft Host agreement back...

Minutes, page 12

ApprovePassed · Unanimous, 5 present

Vice Chair Yingling moved that the Board of Selectmen vote to direct the Town Manager to negotiate a Community Host Agreement with Verdant Medical, Inc. to locate a Medical Marijuana dispensary at 44 Captain Bertie's Way, to bring a draft Host agreement back to the Board of Selectmen for approval and to authorize the Chair to sign a letter of non-opposition from the Town of Provincetown.

From the minutes

“Vice Chair Yingling moved that the Board of Selectmen vote to direct the Town Manager to negotiate a Community Host Agreement with Verdant Medical, Inc. to locate a Medical Marijuana dispensary at 44 Captain Bertie's Way, to bring a draft Host agreement back to the Board of Selectmen for approval and to authorize the Chair to sign a letter of non-opposition from the Town of Provincetown. Selectman Donegan seconded the motion VOTED In Favor: 5 Opposed: 0 Abstain: 0.” (Motion: Yingling, second: Donegan)

Read it in the official minutes, page 12 (PDF)

C. Request by Heal Inc., to amend their Letter of Non-Opposition and Community Host Agreement

Direct the Town Manager to amend a Community Host Agreement with Heal, Inc. to locate a Medical Marijuana dispensary at 48 Shank Painter Road, and to authorize the Chair to sign a letter of...

Minutes, page 12

ApprovePassed · Unanimous, 4 present

Selectman Donegan moved that the Board of Selectmen vote to direct the Town Manager to amend a Community Host Agreement with Heal, Inc. to locate a Medical Marijuana dispensary at 48 Shank Painter Road, and to authorize the Chair to sign a letter of non-opposition from the Town of Provincetown.

Cheryl Andrews stepped aside (recused) and did not take part in this vote.

From the minutes

“Selectman Donegan moved that the Board of Selectmen vote to direct the Town Manager to amend a Community Host Agreement with Heal, Inc. to locate a Medical Marijuana dispensary at 48 Shank Painter Road, and to authorize the Chair to sign a letter of non-opposition from the Town of Provincetown. Selectman Anthony seconded the motion VOTED In Favor: 4 Opposed: 0 Abstain: 0.” (Motion: Donegan, second: Anthony)

Read it in the official minutes, page 12 (PDF)

D. Massachusetts Community Development Block Grant 2018: to approve participation in the

Approve participation in the regional Massachusetts Community Development Block Grant application through the Town of Truro for housing rehabilitation and childcare subsidies under the Community...

Minutes, page 13

ApprovePassed · Unanimous, 5 present

Selectman Donegan moved that the Board of Selectmen vote to approve participation in the regional Massachusetts Community Development Block Grant application through the Town of Truro for housing rehabilitation and childcare subsidies under the Community Development Fund through the Massachusetts Department of Housing & Community Development.

From the minutes

“Selectman Donegan moved that the Board of Selectmen vote to approve participation in the regional Massachusetts Community Development Block Grant application through the Town of Truro for housing rehabilitation and childcare subsidies under the Community Development Fund through the Massachusetts Department of Housing & Community Development. Vice Chair Erik Yingling seconded the motion VOTED In Favor: 5 Opposed: 0 Abstain: 0.” (Motion: Donegan, second: Yingling)

Read it in the official minutes, page 13 (PDF)

8. Minutes: Approve minutes of previous meetings.

Approve the minutes of: January 22, 2018 6:00 pm (Regular), January 22, 2018 5:00 pm (Special), January 23, 2018 5:00 pm (Special), and August 28, 2017 5:00 pm (Special) as printed

Minutes, page 13

ProceduralPassed · 4–0

Selectman Donegan moved that the Board of Selectmen approve the minutes of: January 22, 2018 6:00 pm (Regular), January 22, 2018 5:00 pm (Special), January 23, 2018 5:00 pm (Special), and August 28, 2017 5:00 pm (Special) as printed

Yes: Anthony, Donegan, Venden, YinglingAbstained: AndrewsThe minutes name Tom Donegan as both the mover and the seconder, so no seconder is shown.

From the minutes

“Selectman Donegan moved that the Board of Selectmen approve the minutes of: January 22, 2018 6:00 pm (Regular), January 22, 2018 5:00 pm (Special), January 23, 2018 5:00 pm (Special), and August 28, 2017 5:00 pm (Special) as printed; Selectman Donegan seconded the motion. VOTED In Favor: 4 Opposed: 0 Abstain: 1(ca).” (Motion: Donegan)

Read it in the official minutes, page 13 (PDF)

9. Closing Statements/Administrative Updates

Adjourn the meeting

Minutes, page 14

ProceduralPassed · No count or names in the minutes

Without objection the meeting was adjourned at 9:44 pm

The minutes say this was approved "without objection" and do not record a count or how each member voted.

From the minutes

“Without objection the meeting was adjourned at 9:44 pm.”

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

From the Provincetown Select Board’s official minutes, posted in the town’s Select Board agendas and minutes archive. We check every vote against the Select Board members present and quote the exact wording. MassVoter never grades or scores officials. Photos: The Provincetown Independent (courtesy of the members, or by Paul Benson). John Golden: Provincetown Banner (Wicked Local), photo by Vincent Guadazno, February 2019.

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