← Provincetown Select Board

Provincetown Select Board · 2018–2019 Board · Regular meeting

August 27, 2018

17 recorded votes, 3 with disagreement.

Sources: Official minutes (PDF) · Agenda

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Attendance

Present: Louise Venden, Tom Donegan, Cheryl Andrews, Robert Anthony, Lise King

Absent: None

Every vote, in order

C. Treasurer's Transfer - Public Fountain Gift Fund - Approve use of gifted funds for $336.69 to Cape

Approve the consent agenda

Minutes, page 1

ApprovePassed · Unanimous, 5 present

Without objection Chair Venden considered B and C to be approved unanimously by the Select Board.

From the minutes

“Without objection Chair Venden considered B and C to be approved unanimously by the Select Board..”

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

A. Curb Cut - Application by Clifford Shorer, requesting approval to install a Curb Cut at 4

Pursuant to Provincetown General By-Law Section 11, § 6-2, to approve the request of Clifford Schorer, for a curb cut at 4 Commercial Street and 6 Commercial Street with the following conditions

Minutes, page 1

ApprovePassed · 4–1

Select Member Andrews MOVE that the Select Board vote, pursuant to Provincetown General By-Law Section 11, § 6-2, to approve the request of Clifford Schorer, for a curb cut at 4 Commercial Street and 6 Commercial Street with the following conditions

The minutes give only the count (4-1), not how each member voted.

From the minutes

“Select Member Andrews MOVE that the Select Board vote, pursuant to Provincetown General By-Law Section 11, § 6-2, to approve the request of Clifford Schorer, for a curb cut at 4 Commercial Street and 6 Commercial Street with the following conditions: Engineered to scale plot plan shall be submitted for each of the two lots prior to any work that identifies the actual location of the parking spaces for the first lot to be developed. Such plan shall be submitted to Planning Staff and shall be consistent with the conceptual plan submitted in this application or will require a new public hearing before the Board of Selectmen. Such design shall satisfactorily address storm water concerns by permeable paving, or the provision of adequate storm water management to prevent any runoff into Commercial Street. Select Member Anthony seconded the motion Vice Chair Donegan - I don't think this is a healthy precedent for us and for the neighborhood. We've always had a curb cut with a plan. I will vote no but not necessarily against it. Select Member Andrews - did we receive any public comments? Temporary Secretary Linda Fiorella - no RA -We haven't gotten any feedback of opposition. I'm pleased with the conditions. VOTED In Favor: 4 Opposed: 1 td Abstain: 0.” (Motion: Andrews, second: Anthony)

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

B. FY2019 Property Tax Rate Classification

Pursuant to MGL C.40,§56, as follows relative to the FY 2019 property tax

Minutes, page 3

ApprovePassed · Unanimous, 5 present

Vice Chair Donegan MOVE that the Select Board vote, pursuant to MGL C.40,§56, as follows relative to the FY 2019 property tax

From the minutes

“Vice Chair Donegan MOVE that the Select Board vote, pursuant to MGL C.40,§56, as follows relative to the FY 2019 property tax: 1. to Establish a residential factor of "__1_"Establishing a residential factor of 1 would keep the tax rate the same for all classes of property. Chair Venden seconded the motion VOTED In Favor: 5 Opposed: 0 Abstain: 0.” (Motion: Donegan, second: Venden)

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

2. not to adopt a split tax rate. Voting for a split tax rate would tax Commercial

Property at a higher tax rate

Minutes, page 3

ApprovePassed · Unanimous, 5 present

Property at a higher tax rate.

From the minutes

“Property at a higher tax rate. Select Member Andrews seconded the motion VOTED In Favor: 5 Opposed: 0 Abstain: 0.” (second: Andrews)

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

Pursuant to MGL C.40,§56, as follows relative to the FY 2019 property tax

Minutes, page 4

ApprovePassed · Unanimous, 5 present

Vice Chair Donegan MOVE that the Select Board vote, pursuant to MGL C.40,§56, as follows relative to the FY 2019 property tax

From the minutes

“Vice Chair Donegan MOVE that the Select Board vote, pursuant to MGL C.40,§56, as follows relative to the FY 2019 property tax: 3. To adopt a "residential exemption" of 25% [an exemption of up to 35% may be adopted, to shift the tax burden from residents to non-residents, within the residential class]. Select Member Andrews seconded the motion Select Member Andrews - This is a common tool used by communities. We need to have a thriving year round community. This will help. This was one of the proudest votes I've taken in my career at this table the first time we did it and I'm happy to do it a second time. We have different groups that live in this town and if treating them different at times helps to get us to the goals we have stated we believe in, it makes sense to me. VOTED In Favor: 5 Opposed: 0 Abstain: 0.” (Motion: Donegan, second: Andrews)

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

3. To adopt a "residential exemption" of 25% [an exemption of up to 35% may be

Pursuant to MGL C.40,§56, as follows relative to the FY 2019 property tax

Minutes, page 4

ApprovePassed · Unanimous, 5 present

Vice Chair Donegan MOVE that the Select Board vote, pursuant to MGL C.40,§56, as follows relative to the FY 2019 property tax

From the minutes

“Vice Chair Donegan MOVE that the Select Board vote, pursuant to MGL C.40,§56, as follows relative to the FY 2019 property tax: 4. Not to adopt a "small business exemption" of ___% [an exemption of up to 10% may be adopted, which shifts the tax burden from certain qualifying small businesses to all other commercial and industrial property]; and 5. To identify $12,203.18 in unused property tax levy capacity. Select Member Andrews seconded the motion(s) VOTED In Favor: 5 Opposed: 0 Abstain: 0.” (Motion: Donegan)

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

A. Open Space Committee - Ansley Pierce

Approve the appointment of Ansley Pierce, to the Open Space Committee expiring on June 30, 2021

Minutes, page 6

AppointPassed · Unanimous, 5 present

Vice Chair Donegan Move that the Select Board vote to approve the appointment of Ansley Pierce, to the Open Space Committee expiring on June 30, 2021.

From the minutes

“Vice Chair Donegan Move that the Select Board vote to approve the appointment of Ansley Pierce, to the Open Space Committee expiring on June 30, 2021. Select Member Andrews seconded the motion VOTED In Favor: 5 Opposed: 0 Abstain:0.” (Motion: Donegan, second: Andrews)

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

B. Animal Welfare Committee - Ansley Pierce

Approve the appointment of Ansley Pierce, as an Alternate, to the Animal Welfare Committee expiring on June 30, 2021

Minutes, page 6

AppointPassed · Unanimous, 5 present

Vice Chair Donegan Move that the Select Board vote to approve the appointment of Ansley Pierce, as an Alternate, to the Animal Welfare Committee expiring on June 30, 2021.

From the minutes

“Vice Chair Donegan Move that the Select Board vote to approve the appointment of Ansley Pierce, as an Alternate, to the Animal Welfare Committee expiring on June 30, 2021. Select Member Andrews seconded the motion VOTED In Favor: 5 Opposed: 0 Abstain: 0.” (Motion: Donegan, second: Andrews)

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

C. Recreation Commission - Catherine A. Nagorski

Approve the appointment of Catherine A. Nagorski to the Recreation Commission expiring on December 31, 2019

Minutes, page 7

AppointPassed · Unanimous, 5 present

Vice Chair Donegan Move that the Select Board vote to approve the appointment of Catherine A. Nagorski to the Recreation Commission expiring on December 31, 2019.

From the minutes

“Vice Chair Donegan Move that the Select Board vote to approve the appointment of Catherine A. Nagorski to the Recreation Commission expiring on December 31, 2019. Select Member Anthony seconded the motion VOTED In Favor: 5 Opposed: 0 Abstain: 0.” (Motion: Donegan, second: Anthony)

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

B. Special Town Meeting Draft Warrant Review

Open the warrant for the special town meeting warrant for the October 29th Special Town Meeting and close it on Friday September 28th AT 11:00 A.M

Minutes, page 7

ProceduralPassed · 4–0

Vice Chair Donegan MOVE to open the warrant for the special town meeting warrant for the October 29th Special Town Meeting and close it on Friday September 28th AT 11:00 A.M.

Yes: Anthony, Donegan, King, VendenAbstained: Andrews

From the minutes

“Vice Chair Donegan MOVE to open the warrant for the special town meeting warrant for the October 29th Special Town Meeting and close it on Friday September 28th AT 11:00 A.M. Select Member Anthony seconded the motion VOTED In Favor: 4 Opposed: 0 Abstain: 1 (ca).” (Motion: Donegan, second: Anthony)

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

C. Commercial Street Improvement Update

Accept a Coastal Zone Management grant award through their Coastal Pollutant Remediation (CPR) grant program in the amount of $95,250.00 for final design of Phase 5

Minutes, page 8

ApprovePassed · Unanimous, 5 present

Vice Chair Donegan Move that the Select Board vote to accept a Coastal Zone Management grant award through their Coastal Pollutant Remediation (CPR) grant program in the amount of $95,250.00 for final design of Phase 5.

From the minutes

“Vice Chair Donegan Move that the Select Board vote to accept a Coastal Zone Management grant award through their Coastal Pollutant Remediation (CPR) grant program in the amount of $95,250.00 for final design of Phase 5. Select Member Andrews seconded the motion VOTED In Favor: 5 Opposed: 0 Abstain: 0.” (Motion: Donegan, second: Andrews)

Read it in the official minutes, page 8 (PDF)

D. Treasurer's Notification - Tax Title - Intent to Initiate Foreclosure Petition

In accordance with the Tax Title Policy, consent to the next step of the tax title process: initiation of Land Court foreclosure on the 6 identified properties

Minutes, page 9

ApprovePassed · Unanimous, 5 present

Select Member Andrews MOVE that the Select Board, in accordance with the Tax Title Policy, consent to the next step of the tax title process: initiation of Land Court foreclosure on the 6 identified properties. On the cover sheet there are 7; we've removed 41R Howland Street.

From the minutes

“Select Member Andrews MOVE that the Select Board, in accordance with the Tax Title Policy, consent to the next step of the tax title process: initiation of Land Court foreclosure on the 6 identified properties. On the cover sheet there are 7; we've removed 41R Howland Street. Select Member Anthony Seconded the motion VOTED In Favor: 5 Opposed: 0 Abstain: 0.” (Motion: Andrews)

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

G. Town Manager's Evaluation

Establish Town Manager David

Minutes, page 9

ApprovePassed · Unanimous, 5 present

Select Member Andrews MOVE that the Select Board vote to establish Town Manager David

From the minutes

“Select Member Andrews MOVE that the Select Board vote to establish Town Manager David B. Panagore's annual performance appraisal score as 3.74 out of 5. Vice chair Donegan seconded the motion VOTED In Favor: 5 Opposed: 0 Abstain: 0.” (Motion: Andrews)

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

B. Panagore's annual performance appraisal score as 3.74 out of 5.

Grant Town Manager David B. Panagore a 4.74% merit increase, raising his current salary of $159,000 to $166,536.60, effective July 1, 2018, pursuant to the contract for employment

Minutes, page 10

ApprovePassed · Unanimous, 5 present

Select Member Andrews MOVE that the Select Board vote to grant Town Manager David B. Panagore a 4.74% merit increase, raising his current salary of $159,000 to $166,536.60, effective July 1, 2018, pursuant to the contract for employment.

From the minutes

“Select Member Andrews MOVE that the Select Board vote to grant Town Manager David B. Panagore a 4.74% merit increase, raising his current salary of $159,000 to $166,536.60, effective July 1, 2018, pursuant to the contract for employment. Select Member Anthony seconded the motion Select Member Andrews - I was on the committee that interviewed and hired you. I can say welcome aboard I'm glad you're here. You've developed your own style and you're achieving a lot. Congratulations. Chair Venden - I think youre doing a very good job and explained why I rated you as I did. I put my grading scores here for the public but if the role is to give of a performanet review is to give you feedback and support I did that in private. Select Member Anthony - When David got hired and we had breakfast and he asked some questions and they were pertinent in regards to management, and Ive been around here, and I knew David was going to make it because I could see he is a people person and he tries and he succeeds and when I drive by he's here on weekends to get the job done. Select Member King - I've found David to be intelligent and resourceful and very approachable. I can be honest with you about what I knew and what I don't know. You've been generous and helpful. It's not just to my benefit but you help me to get up to speed that's in a way that's the towns benefit. TD I agree with much of what's been said. My ratings reflect year four of a contract. You know more and you have your team in place. I appreciate as someone who moved here. In year four you get welcomed aboard. You have your stride now and my expectations are higher and my reviews are more focused. I hope the raise reflects on the value to which the town body and this board puts on your public service. VOTED In Favor: 5 Opposed: 0 Abstain: 0.” (Motion: Andrews, second: Anthony)

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

H. Item removed from the consent agenda for discussion and comment

Pursuant to Massachusetts General Law Chapter 40A Section 5, to submit the attached proposed Zoning Bylaw amendments to the Planning Board for review and public hearing on Thursday, October 11,...

Minutes, page 11

Adopt orderPassed · Unanimous, 5 present

Select Member Andrews Move that the Board of Selectmen vote, pursuant to Massachusetts General Law Chapter 40A Section 5, to submit the attached proposed Zoning Bylaw amendments to the Planning Board for review and public hearing on Thursday, October 11, 2018 in order to be placed on the October 29, 2018 Special Town Meeting Warrant.

From the minutes

“Select Member Andrews Move that the Board of Selectmen vote, pursuant to Massachusetts General Law Chapter 40A Section 5, to submit the attached proposed Zoning Bylaw amendments to the Planning Board for review and public hearing on Thursday, October 11, 2018 in order to be placed on the October 29, 2018 Special Town Meeting Warrant. Select Member Anthony seconded VOTED In Favor: 5 Opposed: 0 Abstain: 0.” (Motion: Andrews, second: Anthony)

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

8. Minutes: Approve minutes of previous meetings.

Approve the minutes of: July 23, 2018 6:00 pm (Regular) [ ] as printed [ x ] with changes so noted August 13, 2018 4:30 pm (Special) [x ] as printed [ ] with changes so noted August 13, 2018 6:00...

Minutes, page 11

ProceduralPassed · Unanimous, 5 present

Select Member Andrews moved that the Select Board approve the minutes of: July 23, 2018 6:00 pm (Regular) [ ] as printed [ x ] with changes so noted August 13, 2018 4:30 pm (Special) [x ] as printed [ ] with changes so noted August 13, 2018 6:00 pm (Regular) [x ] as printed [ ] with changes so noted

From the minutes

“Select Member Andrews moved that the Select Board approve the minutes of: July 23, 2018 6:00 pm (Regular) [ ] as printed [ x ] with changes so noted August 13, 2018 4:30 pm (Special) [x ] as printed [ ] with changes so noted August 13, 2018 6:00 pm (Regular) [x ] as printed [ ] with changes so noted Select Member Anthony seconded the motion. VOTED In Favor: 5 Opposed: 0 Abstain: 0.” (Motion: Andrews, second: Anthony)

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

9. Closing Statements/Administrative Updates

Adjourn the meeting

Minutes, page 12

ProceduralPassed · No count or names in the minutes

Without objection the meeting was adjourned at 11:03 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 11:03 pm.”

Read it in the official minutes, page 12 (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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