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Provincetown Select Board · 2017–2018 Board · Meeting night

April 9, 2018

2 meetings this evening, 12 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, Tom Donegan, Robert Anthony

Absent: Erik Yingling, Louise Venden

2 recorded votes, 1 with disagreement. This meeting on its own page

1. The Board of Selectmen will vote to go into Executive Session pursuant to MGL c30A, Section

Go into Executive Session pursuant to MGL c30A, Section 21(a), Clauses 3, & Clauses 1, 2, 3, 4, 6, 7, & 8 for the purposes of: Clause 3 - To discuss litigation strategy in the following matters:...

Minutes, page 1

ProceduralPassed · Unanimous, 3 present

MOTION: MOVE that the Board of Selectmen will vote to go into Executive Session pursuant to MGL c30A, Section 21(a), Clauses 3, & Clauses 1, 2, 3, 4, 6, 7, & 8 for the purposes of: Clause 3 - To discuss litigation strategy in the following matters: Aqua King Fishery, LLC v. Conservation Commission, Barnstable Superior Court, C.A. No. 2015-00064; Conservation Commission v. Stellwagen Bank Fisheries Corp., Barnstable Superior Court, C.A. No. 2015-00387; Conservation Commission v. Patricio Palacios, Barnstable Superior Court, C.A. No. 2015-00386; and (ii) the Request for Superseding Determination of Applicability filed with the Massachusetts Dept. of Environmental Protection by David Kelley regarding commercial fishing operations for surf clams utilizing hydraulic fishing gear off Herring Cove Votes may be taken and not to convene in open session thereafter.

From the minutes

“MOTION: MOVE that the Board of Selectmen will vote to go into Executive Session pursuant to MGL c30A, Section 21(a), Clauses 3, & Clauses 1, 2, 3, 4, 6, 7, & 8 for the purposes of: Clause 3 - To discuss litigation strategy in the following matters: Aqua King Fishery, LLC v. Conservation Commission, Barnstable Superior Court, C.A. No. 2015-00064; Conservation Commission v. Stellwagen Bank Fisheries Corp., Barnstable Superior Court, C.A. No. 2015-00387; Conservation Commission v. Patricio Palacios, Barnstable Superior Court, C.A. No. 2015-00386; and (ii) the Request for Superseding Determination of Applicability filed with the Massachusetts Dept. of Environmental Protection by David Kelley regarding commercial fishing operations for surf clams utilizing hydraulic fishing gear off Herring Cove Votes may be taken and not to convene in open session thereafter. Roll Call Vote: Cheryl Andrews: Yes Tom Donegan: Yes Robert Anthony: Yes.”

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

Without objection, Tom moved to adjourn the Board of Selectmen meeting at 6:02 p.m

Minutes, page 2

ProceduralPassed · Unanimous, 3 present

Without objection, Tom moved to adjourn the Board of Selectmen meeting at 6:02 p.m.

The minutes name the mover as "Tom" (Tom Donegan).

From the minutes

“Without objection, Tom moved to adjourn the Board of Selectmen meeting at 6:02 p.m. Roll Call Vote: Cheryl Andrews: Yes Tom Donegan: Yes Robert Anthony: Yes.” (Motion: Donegan)

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

Provincetown Select Board · Regular meeting

Sources: Official minutes (PDF) · Agenda

Attendance

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

Absent: Louise Venden

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

Consent Agenda

Approve the consent agenda

Minutes, page 1

ApprovePassed · Unanimous, 4 present

Vice Chair Yingling asked to pull A, B and C. Chair Andrews waived the reading of the consent agenda and without objection D, E, F, G and H was approved unanimously by the Board of Selectmen

From the minutes

“Vice Chair Yingling asked to pull A, B and C. Chair Andrews waived the reading of the consent agenda and without objection D, E, F, G and H was approved unanimously by the Board of Selectmen.”

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

A. Bas Relief Restoration design and project presentation

BOS schedule a public hearing on the Bas Relief and Bas Relief Park, date to be determined

Minutes, page 4

ApprovePassed · Unanimous, 4 present

Selectman Donegan moved that the BOS schedule a public hearing on the Bas Relief and Bas Relief Park, date to be determined.

From the minutes

“Selectman Donegan moved that the BOS schedule a public hearing on the Bas Relief and Bas Relief Park, date to be determined. Selectman Anthony seconded VOTE In Favor: 4 Oppose: 0 Abstain: 0.” (Motion: Donegan, second: Anthony)

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

A. Schedule Harbor Plan Public Hearing

Schedule a joint public hearing with the Harbor Committee on May 14, 2018 to hear public input on Harbor Plan Amendment

Minutes, page 5

ApprovePassed · Unanimous, 4 present

Vice Chair Yingling move that the Board of Selectmen schedule a joint public hearing with the Harbor Committee on May 14, 2018 to hear public input on Harbor Plan Amendment

From the minutes

“Vice Chair Yingling move that the Board of Selectmen schedule a joint public hearing with the Harbor Committee on May 14, 2018 to hear public input on Harbor Plan Amendment Selectman Donegan seconded the motion VOTED In Favor: 4 Opposed: 0 Abstain: 0.” (Motion: Yingling, second: Donegan)

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

B. Airport Lease Extension.

Approve the temporary extension of the current lease between the Town of Provincetown and Cape Air for 90 days

Minutes, page 5

ApprovePassed · Unanimous, 4 present

Vice Chair Yingling move that the Board of Selectmen vote to approve the temporary extension of the current lease between the Town of Provincetown and Cape Air for 90 days.

From the minutes

“Vice Chair Yingling move that the Board of Selectmen vote to approve the temporary extension of the current lease between the Town of Provincetown and Cape Air for 90 days. Selectman Anthony seconded the motion VOTED In Favor: 4 Opposed: 0 Abstain: 0.” (Motion: Yingling, second: Anthony)

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

C. 4th of July Parade Policies

BOS approve the amended changes with rule 4 stricken and renumber as appropriate

Minutes, page 6

ApprovePassed · Unanimous, 4 present

Selectman Donegan moved that the BOS approve the amended changes with rule 4 stricken and renumber as appropriate.

From the minutes

“Selectman Donegan moved that the BOS approve the amended changes with rule 4 stricken and renumber as appropriate. Vice Chair Yingling seconded the motion VOTED In Favor: 4 Opposed: 0 Abstain: 0.” (Motion: Donegan, second: Yingling)

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

D. Follow up Discussion - Parking on Province Lands Road

Direct staff to dismiss any tickets issued during the event at Province Land Road

Minutes, page 7

ApproveFailed · 2–2

Selectman Donegan moved that the Board of Selectmen vote to direct staff to dismiss any tickets issued during the event at Province Land Road.

Yes: Donegan, YinglingNo: Andrews, Anthony

From the minutes

“Selectman Donegan moved that the Board of Selectmen vote to direct staff to dismiss any tickets issued during the event at Province Land Road. Vice Chair Yingling seconded the motion. VOTED In Favor: 2 Opposed: 2 (ca/ra) Abstain: 0 Motion failed..” (Motion: Donegan, second: Yingling)

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

Direct staff to return with a proposed traffic hearing agenda item

Minutes, page 7

ApprovePassed · Unanimous, 4 present

Vice Chair Yingling moved that the Board of Selectmen direct staff to return with a proposed traffic hearing agenda item.

From the minutes

“Vice Chair Yingling moved that the Board of Selectmen direct staff to return with a proposed traffic hearing agenda item. Chair Andrews seconded the motion. VOTED In Favor: 4 Opposed: 0 Abstain: 0.” (Motion: Yingling, second: Andrews)

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

F. Proclamation - Provincetown Revolutionary War Patriots

Proclaim Monday, April 16, 2018 as Provincetown Patriots Day

Minutes, page 7

ApprovePassed · Unanimous, 4 present

Vice Chair Yingling move that the Board of Selectmen vote to proclaim Monday, April 16, 2018 as Provincetown Patriots Day.

From the minutes

“Vice Chair Yingling move that the Board of Selectmen vote to proclaim Monday, April 16, 2018 as Provincetown Patriots Day. Selectman Anthony seconded the motion VOTED In Favor: 4 Opposed: 0 Abstain: 0.” (Motion: Yingling, second: Anthony)

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

8. Minutes: Approve minutes of previous meetings.

Approve the minutes of: March 20, 2018 5:00 pm (Special), April 2, 2018 5:00 pm (special), and April 3, 2018 5:30 pm (Special) as amended

Minutes, page 9

ProceduralPassed · 5–0

Vice Chair Yingling moved that the Board of Selectmen approve the minutes of: March 20, 2018 5:00 pm (Special), April 2, 2018 5:00 pm (special), and April 3, 2018 5:30 pm (Special) as amended

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

From the minutes

“Vice Chair Yingling moved that the Board of Selectmen approve the minutes of: March 20, 2018 5:00 pm (Special), April 2, 2018 5:00 pm (special), and April 3, 2018 5:30 pm (Special) as amended; Selectman Anthony seconded the motion. VOTED In Favor: 5 Opposed: 0 Abstain: 0.” (Motion: Yingling, second: Anthony)

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

9. Closing Statements/Administrative Updates

Adjourn the meeting

Minutes, page 9

ProceduralPassed · No count or names in the minutes

Without objection the meeting was adjourned at 9:02 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 9:02 pm.”

Read it in the official minutes, page 9 (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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