Board of Selectmen
Meeting Agenda - REVISED The Provincetown Board of Selectmen will hold a public meeting on Monday, June 8, 2015, at 6:00 p.m. in Judge Welsh Room, Town Hall, 260 Commercial Street, Provincetown, MA 02657. Consent Agenda – Approval without objection required for the following items: A. Approval of DPW Yearly Bid Contracts for FY2016. B. Approval of DPW Surplus Equipment. C. Treasurer’s Transfer to pay $817.00 from the Provincetown Recycling Committee to Rachel Harrington for the attached invoice. D. Parade Permit submitted by James Morgrage on Behalf of the 13th Annual Harbor to the Bay Aids Ride to be held on Saturday, September 19, 2015 from 1PM to 6:30PM. E. Award the RFP for Sightseeing Vehicle / Tour Opportunity on Standish Street and Approve a License Agreement with Mayflower Trolley. F. Verizon Wireless Lease Agreement – Winslow Street Water Tank, 7 Captain Bertie’s Way, Provincetown, MA. G. Appointment of Zachary Luster as an Alternate Member of the Licensing Board with a term to expire December 31, 2017. H. Approval of Memorandum of Agreement between Barnstable County through Cape Code Commission re: Parking, Circulation and Bicycle Study.
1. Public Hearings - Votes may be taken on the following items: A. FY2016 Town-wide Goals Review Process – Public Comment on FY2015 Goals and Suggestions for Proposed FY2016. B. Request for New Streetlight Adjacent to 5 Pleasant Street – Stephen Syta and Joerg Dressler
2. Public Statements – Five minutes maximum, Selectmen do not respond to Public Statements.
3. Selectmen’s Statements – Initial comments from the Selectmen. Discussion dependent Votes may be taken.
4. Joint meeting / Presentations - Votes may be taken on the following items: A. Power Point Presentation and Update on Work of the Community Development Partnership – Executive Director Jay Coburn. B. Joint Meeting with Planning Board – Zoning By-Law Amendments in the Upcoming Year with a Report from the Town Planner – Gloria McPherson.
5. Appointments - Votes may be taken on the following items:
6. Requests - Votes may be taken on the following items: A. Sculpture Garden Project in Front of PSH Building on Winslow Street – Beth Singer B. Police Report for the Month of May 2015 – Acting Police Chief Jim Golden C. Update on the Proposed Project at 350 Bradford Street with a Report from the Town Planner – Gloria McPherson & Michelle Jarusiewicz. D. Discussion & Recommendations re: the Makeup of the Local Planning Committee for the Local Comprehensive Plan with a Report from the Town Planner – Gloria McPherson • Page 2 Meeting Notice
E. Province Landing, LP, 90 Shank Painter Rd. – Rent Schedule Compliance – Michelle Jarusiewicz. F. Proclamation to Declare June 15, 2015, as David W. Dunlap Day – Author of Building Provincetown by Historical Commission. G. Proclamation to Declare June 18, 2015, as Josephine & Salvatore Del Deo Day (Seniors of the Year). H. Proclamation to Congratulate David McGlothin, as being named the Massachusetts 2015 History Teacher of the Year.
7. Town Manager / Assistant Town Manager - Votes may be taken on the following items: A. Follow-up on Liaison Appointments. B. Town Manager Search Matters. C. Other – Other matters that may legally come before the Board not known at the time of posting. Votes may be taken. . 8. Minutes – Approve minutes of previous meetings. Vote may be taken.
9. Closing Statements/Administrative Updates - Closing comments from the Selectmen. Discussion dependent, motions may be made, votes may be taken Letter of Thanks – Resignation of Stephen Rome from Licensing Board.
MOVE that the Board of Selectmen vote to go into Executive Session pursuant to MGL c30A Section 21 (a) Clauses 2, 3, 5 & 6 for the purposes of:
Clause 2 – To conduct strategy sessions in preparation for negotiations with non-union personnel or to conduct collective bargaining sessions or contract negotiations with non- union personnel. Regarding Police Chief Contract Negotiations. Votes may be taken.
Clause 3 – To discuss strategy with respect to litigation if an open meeting may have a detrimental effect on the bargaining or litigating position of the public body and the chair so declares. Former Police Chief Jaran Arbitration/Appeals. Votes may be taken.
Clause 5 – To investigate charges of criminal misconduct or to consider the filing of criminal complaints. Votes may be taken.
Clause 6 – To consider the purchase of, exchange, lease or value of real estate, if the chair declares that an open meeting may have a detrimental effect on the negotiating position of the public body. Potential Sale of Property located at 311 Bradford Street. Votes may be taken.
and not to convene in open session thereafter.
Posted: www.provincetown-ma.gov 6/4/15 4:35 pm dj
Provincetown Board of Selectmen AGENDA ACTION REQUEST Monday, June 08, 2015 00
CONSENT AGENDA Approval required for the following items:
Requested by: BOS Chair Tom Donegan Action Sought: Approval
Proposed Motion(s)
MOVE that the Board of Selectmen vote to approve items listed on the consent agenda as submitted.
Consent Agenda – Approval without objection required for the following items:
A. Approval of DPW Yearly Bid Contracts for FY2016. B. Approval of DPW Surplus Equipment. C. Treasurer’s Transfer to approve the use of $817.00 from the Provincetown Recycling Committee’s Gift Fund to pay invoice from Rachel Harrington. D. Parade Permit submitted by James Morgrage on behalf of the 13th Annual Harbor to the Bay Event to be held on Saturday, September 19, 2015. E. Award the RFP for Sightseeing Vehicle / Tour Opportunity on Standish Street and Approve a License Agreement with Mayflower Trolley. F. Verizon Wireless Lease Agreement – Winslow Street Water Tank, located at 7 Captain Bertie’s Way, Provincetown, MA. G. Appointment of Zachary Luster as an Alternate Member of the Licensing Board with a term to expire December 31, 2017. H. Approval of Memorandum of Agreement between Barnstable County through Cape Code Commission re: Parking, Circulation and Bicycle Study.
Additional Information
See attached documents.
Board Action
Motion Second Yea Nay Abstain Disposition
Provincetown Board of Selectmen AGENDA ACTION REQUEST Monday, June 08, 2015 00A
DPW ANNUAL SERVICE CONTRACTS FY 2016 Requested by: Sherry Prada, Operations Director Action Sought: Approval
Proposed Motion(s)
MOVE that the Board of Selectmen vote to approve the DPW Standard Annual Service Contract for the following Vendors:
Uniforms - Unifirst, Sandwich, MA
Building Alarm Monitoring - Cape Cod Alarm, West Yarmouth, MA
Elevator Inspections - BBE Corp, Salem, MA
Screened Sand - John F. Noons, Inc., No. Truro, MA
Scrap Wood - Alden E. Silva, Truro, MA
Scrap Metal - Alden E. Silva, Truro, MA
Brick Sidewalk Maint. - Robert J. Martin, No. Truro, MA
Additional Information
Original contracts are available for signatures. All contracts are renewed on an annual basis and are included in our approved FY2016 Departmental Annual Budgets.
Board Action
Motion Second In favor Opposed Disposition
Provincetown Board of Selectmen AGENDA ACTION REQUEST Monday, June 08, 2015 00B
Surplus Equipment Requested by: Sherry Prada, Operations Director Action Sought: Approval
Proposed Motion(s)
MOVE that the Board of Selectmen vote to declare the following list of equipment as surplus , pursuant to M.G.L. c. 30B and Provincetown General By-law §6-4-6, and to authorize the Town Manager to dispose of same in the manner deemed most advantageous to the Town.
1993 International 400 Series Packer-VIN 1HTSCPEP5PH517291 1999 Ford Ranger 4x4 Pickup-VIN 1FTZ3XTB03256 1999 Ford Ranger 4x4 Pickup-VIN 1FTZR115XTB03257 2000 Ford F250 2x4 Pickup-VIN 1FDWF20L3YEE25513 2001 Ford F350 Utility Body-VIN 1FDWF37F41ED14724
Additional Information
This equipment has been identified as surplus equipment.
Board Action
Motion Second In favor Opposed Disposition
DPW Surplus Vehicles ‐ June 8, 2015
Department Year Make Model Vin Condition Replacement Vehicle Funding Source
Sanitation 1993 International 400 Series Packer 1HTSCPEP5PH517291 Poor, Not Driveable 2014 Freightliner Packer ATM 2011 / Art 5‐5 Water 1999 Ford Ranger 1FTZR11V3XTB03256 Poor, Not Driveable 2015 Ford F250 Utility ATM 2014 / Art 11‐18 Water 1999 Ford Ranger 1FTZR11V5XTB03257 Poor, Not Driveable 2005 Ford Ranger Transfer From Police Dept. Water 2000 Ford F250 1FDWF20L3YEE25513 Poor, Not Driveable 2013 F150 Pickup STM 2013 Art 12 Water 2001 Ford F350 Utility 1FDWF37F41ED14724 Poor, Not Driveable 2015 Ford F450 Utility ATM 2014 / Art 11‐18
* Note: All vehicles are kept for a period of time for part salvage purposes before being surplused. These vehicles no longer have salvage value to the town.
Provincetown Board of Selectmen AGENDA ACTION REQUEST Monday, June 08, 2015 00C
TREASURER’S TRANSFERS Provincetown Recycling Committee
Requested by: Treasurer Constance Boulos, 05/27/15 Action Sought: Approval
Proposed Motion(s)
MOVE that the Board of Selectmen vote, as Commissioners of the Town of Provincetown Gift Funds, pursuant to MGL C44 § 53A, to approve the use of $817.00 from the Provincetown Recycling Committee to pay for the attached invoice(s).
Additional Information
Attached are the authorized Voucher(s) to pay this request totaling $817.00 from the Provincetown Recycling Committee leaving a balance of $0.00.
Board Action
Motion Second Yea Nay Abstain Disposition
TOWN OF PROVINCETOWN
REQUEST FOR TRANSFER OF FUNDS
Date: June 08, 2015
To: Constance Boulos, Treasurer
From: Board of Selectmen
As Commissioners of the Town of Provincetown Gift Funds, permission is hereby granted to you, the Treasurer of the Town of Provincetown, to approve the use of $817.00 from the Provincetown Recycling Committee for the payment of the attached invoice(s):
$ 817.00 Rachel Harrington Invoice #1512, 05/23/2015
$ 817.00 TOTAL
The Honorable Board of Selectmen:
______Thomas N Donegan, Chair Erik Yingling, Vice Chair
______Cheryl Andrews, Selectman Raphael Richter, Selectman
______Robert Anthony, Selectman
Provincetown Board of Selectmen AGENDA ACTION REQUEST Monday, June 08, 2015 00D
PARADE PERMIT REQUEST Harbor to the Bay AIDS Ride
Requested by: James Morgrage, Harbor to the Bay Aids Ride Action Sought: Approval
Proposed Motion(s)
MOVE that the Board of Selectmen vote to approve the Parade Application Permit submitted by James Morgrage, 209 Columbus Ave, Boston, MA on behalf of the 13th Annual Harbor to the Bay AIDS Ride to be held on Saturday, September 19, 2015, starting at 1:00 P.M. to 6:30 P.M.
Additional Information
See attached application. Route will begin at Route 6A and end at the Harbor Hotel.
Board Action
Motion Second Yea Nay Abstain Disposition
______
Provincetown Board of Selectmen AGENDA ACTION REQUEST Monday, June 08, 2015 00E
AWARD – REQUEST FOR PROPOSAL Sightseeing Vehicle Staging Areas on Standish Street
Requested by: Michael Glasfeld Action Sought: Approval
Proposed Motion(s)
MOVE that the Board of Selectmen vote to approve the License Agreement with Mayflower Trolley for the use of a parking space on the West side of Standish Street between Commercial Street and Bradford Street, Provincetown, MA, as approved to form by Town Counsel.
Additional Information
See attached materials.
Board Action
Motion Second In favor Opposed Disposition
______
LICENSE AGREEMENT
This License Agreement (this "License") is entered into on this 8th day of June, 2015, by and between the Town of Provincetown (the “Town”), acting by and through its Board of Selectmen, having an address of 260 Commercial Street, Provincetown Massachusetts 02657, and Mayflower Trolley(“Licensee”), a limited liability company, having an address of PO Box 333, Provincetown, MA 02657.
Whereas, Licensee operates “Sightseeing Vehicles,” as the term is defined in the Town of Provincetown’s bylaws, rules and/or regulations (as the same may be amended from time to time), for the purpose of leading members of the public to tourist attractions in and around the Town of Provincetown (the “Tourism Business”);
Whereas, the Town has control of Standish Street and Commercial Street, which are public ways in the Town of Provincetown (the “Roadways”), and the parking spaces thereon;
Whereas, Licensee has requested that the Town allow Licensee to park one (1) Sightseeing Vehicle at a parking space located on the West side of Standish Street between Commercial Street and Bradford Street, which parking space is shown more particularly on the sketch plan attached hereto as Exhibit A and incorporated herein (the “Parking Space”); and
Whereas, the Town is amenable to granting such a license to Licensee.
Now, therefore, the Town hereby grants Licensee a license to use the Parking Space subject to, and Licensee agrees to use said Parking Space in compliance with, the following terms and conditions:
1. USE, PURPOSE, TERM. The Town hereby grants Licensee a license to use the Parking Space for the sole purpose of parking one (1) Sightseeing Vehicle thereon. The term of this License is five (5) years (the “License Term”), commencing on June 8, 2015 (the “Commencement Date”) and terminating June 8, 2020, unless sooner terminated in accordance with this License (the “Termination Date). The Town shall have the right to relocate the Parking Space to other locations on the Roadways provided that the Town gives Licensee at least fourteen (14) days prior written notice thereof. Such entry and use shall be further limited by the provisions of Section 4.
2. CONSIDERATION. During the term of this License, Licensee shall pay the Town a fee equal to that indicated in Exhibit B (attached) each year (the “License Fee”), which License Fee shall be paid to the Town prior to the start of seasonal service of each year during the term, at the address set forth above. As further consideration for this License, Licensee shall observe and perform all the obligations and covenants set forth within this License to the reasonable satisfaction of the Town.
3. RISK OF LOSS. Licensee acknowledges and agrees that it accepts the Parking Space in its “AS-IS” condition, and that the Town has made no representation or warranty regarding the fitness thereof. The Town is not responsible for the security of the Property, including without limitation, the Parking Space, or for the maintenance and repair thereof, including, without limitation, removing snow and ice therefrom. The Page 1 of 7 Town shall not be liable to Licensee or its employees, agents, representatives, customers or invitees, or anyone claiming by, through or under Licensee (collectively, with Licensee, the “Licensee Parties”), for any injury or death to persons on or around the Roadways, or loss or damage to any and vehicles, equipment or other property that are brought upon the Parking Space pursuant to the License, except if such injury, death, loss or damages is caused directly by the gross negligence or willful misconduct of the Town, or its employees, agents or representatives. The provisions of this Section shall survive the expiration or termination of this License.
4. PARKING SPACE; CONDUCT. The Town shall place signs on the Parking Space or adjacent areas to indicate they are for Licensee’s use. Licensee shall have the exclusive right to use the Parking Space every day during the Term hereof, except when the Parking Space are unavailable for street cleaning, snow clearing and/or during snow emergencies, and/or during such times when the Roadway(s) is/are otherwise closed to the public (the “Permitted Hours”). Only Sightseeing Vehicles may be parked in the Parking Space. All Sightseeing Vehicles must have current registration and inspection stickers. Personnel operating the Sightseeing Vehicles must have valid drivers’ licenses and wear a uniform or identification badge to show they are Licensee’s employees. Licensee must obtain any and all licenses, permits and approvals required to use the Parking Space and operate the Tourism Business, and shall make a copy of the permit available at all times.
Licensee shall not, and shall not permit any of the Licensee Parties to, park vehicles on the Parking Space overnight, store any equipment or other property within the Parking Space, park any commercial vehicles, large trucks, trailers, boats or off-road vehicles on the Parking Space, or clean or repair any vehicle while on the Parking Space. Licensee shall be responsible for removing any vehicles parked and/or equipment stored on the Parking Space in violation of the terms hereof, at its sole cost and expense. If Licensee fails to remove such vehicles or other property within one hour after the Town has notified Licensee of the same, which notice may be oral or written, the Town may, at Licensee’s sole cost and expense, tow the vehicles to a public parking lot or remove equipment to a location of its choice. The Town shall not be responsible for any damage occurring to vehicles or other property resulting from such removal.
Licensee agrees that it shall at all times conduct itself so as not to unreasonably interfere with the use of the Roadways by others or the operations of the Town. Licensee shall comply with any and all applicable laws, statutes, ordinances, regulations and permitting or licensing requirements and observe all reasonable rules and regulations that may be established by the Town from time to time relating to the use of or access to the Parking Space. Licensee shall, at the Town’s reasonable request and at Licensee’s cost, take such measures reasonably necessary to ensure the safety of others using the Roadways. Licensee shall promptly repair any damages caused by or resulting directly or indirectly as a result of the acts or omissions of the Licensee Parties, at its sole cost and expense.
Other than the signs that Licensee may place adjacent to the Parking Space in accordance with the terms hereof, Licensee shall not construct, install or place any other temporary or permanent buildings, structures, utilities, objects, equipment or other property in, on, under, over or across the Parking Space, or make any improvements to
Page 2 of 7 the Parking Space or the Roadways, without the Town’s prior written consent, which may be exercised in the Town’s sole discretion.
Licensee shall strictly comply with all environmental laws affecting the Parking Space and shall not bring, place, store, release or otherwise dispose of at or near the Parking Space any oil, hazardous materials, hazardous substances, and/or toxic substances as such terms may be used or defined under federal, state or local law under any existing or future arising statutory or common law, including but not limited to Comprehensive Environmental, Response, Compensation and Liability Act, 42 U.S.C. 9601 et seq., the Resource Conservation and Recovery Act, as amended, 42 U.S.C. 6901 et seq., the Massachusetts Oil and Hazardous Material Release Prevention and Response Act, G.L. c. 21E, and all applicable rules and regulations promulgated thereunder (collectively, the “Hazardous Materials”).
5. INDEMNIFICATION. Licensee shall defend, indemnify, and hold harmless the Town from any and all liability, loss, damage, costs, expenses (including, without limitation, reasonable attorneys’ fees and expenses), causes of action, suits, claims, demands or judgments of any nature whatsoever, in law and equity, which are or may be brought against the Town or its agents, employees, successors and assigns arising out of or relating to: (a) the discharge, release or threatened release at or from the Parking Space and/or the Roadways of any Hazardous Materials that is caused by any of the Licensee Parties, (b) any failure on the part of Licensee to comply with any provision or term required to be performed or complied with by Licensee under this License, and (c) for the death, injury or property damage suffered by any person on account of or based upon the act, omission, fault, negligence or misconduct of any of the Licensee Parties on or about the Parking Space or relating in any way to Licensee’s exercise of its rights hereunder. The obligations of this Section shall survive the expiration or termination of this License.
6. INSURANCE. Licensee shall maintain public liability insurance, including coverage for bodily injury, wrongful death and property damage, in the minimum amount set forth herein to support the obligations of Licensee under the terms and conditions of this License to defend, indemnify, and hold harmless the Town: General Liability: $1,000,000.00/occurrence, $2,000,000.00/aggregate; Bodily Injury Liability: $1,000,000.00/occurrence, $2,000,000.00/aggregate. Licensee shall also maintain workers compensation insurance, as required by law.
Prior to using the Parking Space for any reason, Licensee shall provide the Town with a copy of such insurance policy in each case indicating the Town is an additional insured on the policy and showing compliance with the foregoing provisions. The insurance coverage required hereunder shall be issued by insurance companies licensed by the Massachusetts Division of Insurance to do business in the Commonwealth of Massachusetts and having a Best’s rating of A or better. Licensee shall require the insurer to give at least thirty (30) days’ written notice of termination, reduction or cancellation of the policy to the Town.
To the extent possible, Licensee shall obtain, for each policy of insurance secured by it, provisions permitting waiver of any claims against the Town for loss or damage within the scope of the insurance, and Licensee, for itself and its insurers, waives all claims against the Town as to such claims covered by such insurance. Page 3 of 7
7. TERMINATION and REVOCATION. This License may be revoked by either party for any reason upon written notice of revocation at least sixty (60) days prior to the termination date stated within said notice. Notwithstanding the foregoing, the Town shall have the right to terminate this License: (a) by giving Licensee ten (10) days prior written notice thereof if Licensee fails to pay the License Fee when due or comply with any other material term of this License, provided that the notice of termination shall be void and of no further effect if Licensee cures such default within the aforesaid ten (10)-day period, and (b) immediately by written or oral notice, if Licensee is involved in accidents resulting in property damages or personal injury, regardless of fault, or Licensee’s use of the Parking Space causes traffic jams or otherwise interferes with the pedestrian or vehicular use of the Roadways, at the Town’s discretion.
At the expiration of this License or its prior termination, Licensee shall forthwith remove all vehicles from the Parking Space, remove Licensee’s signs and any other personal property upon or adjacent to the Parking Space, and repair any damage caused by any of the Licensee Parties. If vehicles and/or signs or other personal property are not removed from the Parking Space or adjacent areas within twenty-four (24) hours of expiration or termination, they shall be deemed abandoned and shall become the sole property of the Town. This obligation shall survive the expiration or termination of this License.
8. NOTICE. Any notice required or permitted to be given under this License shall be in writing and signed by the party or the party’s attorney or agent and shall be deemed to have been given: (a) when delivered by hand, or (b) when sent by Federal Express or other similar overnight courier service, or (c) when mailed by certified mail, return receipt requested, to the party at the address set forth above. These addresses are subject to change, and the parties hereto agree to inform each other of such changes as soon as practicable.
9. MISCELLANEOUS.
(a) This License contains the entire agreement of the parties and there are no other agreements or understandings between the parties regarding the subject matter of this License.
(b) Modifications or amendments to this License shall be in writing and duly executed by both parties hereto to be effective.
(c) This License shall not be construed as creating or vesting in Licensee any estate in the Parking Space, but only the limited right of use as hereinabove stated.
(d) Licensee is not authorized to bind or involve the Town in any contract or to incur any liability for or on the part of the Town.
(e) This License shall not be transferred or assigned to any person without the prior written consent of the Town, which may be withheld in its sole discretion, it being acknowledged by Licensee that this License is personal to Licensee and be valid so long as Licensee operates the Tourism Business.
Page 4 of 7 (f) If any portion of this License is declared to be illegal, unenforceable or void, then all parties to this License shall be relieved of all obligations under that portion; provided, however, that the remainder of this License shall be enforced to the fullest extent permitted by law.
(g) The captions in this License are inserted for convenience of reference only and in no way define, describe or limit the scope or intent of this License or any of the provisions thereof.
(h) All appropriate terms and provisions relating to indemnification and the restoration of the property affected hereby shall survive the expiration or termination of this License.
(i) This License shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, and any and all legal actions brought in connection with this License shall be brought in courts within the Commonwealth of Massachusetts.
[signature page follows]
Page 5 of 7 IN WITNESS WHEREOF, the parties hereto have caused this License Agreement to be executed and effective as of the date first above written.
Licensor: Licensee: TOWN OF PROVINCETOWN, By its Board of Selectmen
By: Name: Title:
510509/PROV/0001
Page 6 of 7 Exhibit A
Sketch Plan
Page 7 of 7
Provincetown Board of Selectmen AGENDA ACTION REQUEST Monday, June 08, 2015 00F
Telecommunications Facility at 7 Captain Bertie’s Way Execute 10 year lease with Verizon Wireless
Requested by: Acting Town Manager David Gardner Action Sought: Award Lease
Proposed Motion(s)
MOVE that the Board of Selectmen vote, to execute a lease of an initial term of ten (10) years for $35,000 a year with a 3% increase each year, with an option to renew for one (1) additional ten (10) year term with Verizon Wireless for installation and operation of wireless telecommunications facilities at the Winslow Street Water Tank located at 7 Captain Bertie’s Way, Provincetown, Massachusetts, approved as to form by Town Counsel.
Additional Information
A copy of the lease agreement approved as to form by Town Counsel is attached.
Board Action
Motion Second In favor Opposed Disposition
Provincetown Board of Selectmen AGENDA ACTION REQUEST Monday, June 08, 2015 00G
BOARD OF SELECTMEN APPOINTMENT Requested by: Town Clerk Action Sought: Approval
Proposed Motion(s)
Move that the Board of Selectmen vote to appoint Zachary Luster as an Alternate Member to the Licensing Board with a term to expire December 31, 2017.
Additional Information
See attached application.
Appointment will replace Stephen Rome who resigned June 3, 2015.
Board Action
Motion Second Yea Nay Abstain Disposition
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Provincetown Board of Selectmen AGENDA ACTION REQUEST Monday, June 08, 2015 00H
MEMORANDUM OF AGREEMENT Parking, Circulation and Bicycle Study Requested by: Acting Town Manager David Gardner Action Sought: Approval
Proposed Motion(s)
MOVE that the Board of Selectmen vote to sign the Memorandum of Agreement between Barnstable County through Cape Cod Commission for technical assistance with the Parking, Circulation and Bicycle Study as [submitted] [revised].
Additional Information
See attached Memorandum of Agreement.
Board Action
Motion Second Yea Nay Abstain Disposition
______Memorandum of Agreement Between
Barnstable County through Cape Cod Commission 3225 Main Street Barnstable, MA 02630 and
Town Manager on behalf of Town of Provincetown 260 Commercial Street Provincetown, MA 02657
This Memorandum of Agreement (Agreement) is entered into this _____ day of ______2015 by and between Barnstable County, acting by and through the Cape Cod Commission (hereafter referred to as the “Commission”) and the Town Manager on behalf of the Town of Provincetown (hereafter referred to as the “Town.”)
WHEREAS, the Town has requested technical assistance with a parking, circulation and bicycle study, and
WHEREAS, the Commission is has the expertise to offer this technical assistance,
NOW THEREFORE, the Town enters into this Memorandum of Agreement with the Commission.
1. RESPONSIBILITIES OF THE TOWN
A) The Town agrees to participate in the scope of work for this project as detailed in Attachment A. B) The Town agrees to contribute $33,000 toward the cost of this project.
2. RESPONSIBILITIES OF THE COMMISSION
A) The Commission will work with the Town as appropriate and conduct the work detailed in Attachment A. B) The Commission will deliver a draft final and final report to the Town.
3. DURATION
A) This Memorandum of Agreement shall be effective until June 30, 2016 unless an extension in time is agreed to in writing by both parties.
B) Either the Town or the Commission may terminate this Agreement by written notice to the other party, if the other party substantially fails to fulfill its obligations hereunder through no fault of the terminating party, or if the other party violates or breaches any of the provisions of this Agreement. Such notice shall be delivered by certified mail at least thirty (30) days before such effective date.
4. AMENDMENT
This Agreement may be amended as mutually agreed by both parties in writing.
5. SIGNATORY AUTHORIZATION
The respective signatories hereto represent and warrant that they are duly authorized to execute this Agreement on behalf of the public entity on whose behalf they have signed this Agreement, and that all substantive and procedural preconditions to their effective execution of this Agreement on behalf of said public entities have been satisfied. 1
6. INTEGRATED INSTRUMENT
This Agreement shall take effect as an integrated instrument.
IN WITNESS WHEREOF, the TOWN and the COMMISSION execute this Agreement this ____ day of ______in the year two thousand and fifteen.
BARNSTABLE COUNTY COMMISSIONERS FOR TOWN OF PROVINCETOWN
Sheila Lyons, Chair David Gardner, Acting Town Manager
Mary Pat Flynn, Vice-Chair Date
Leo Cakounes
Date
FOR CAPE COD COMMISSION
Paul Niedzwiecki, Executive Director
Date
2
Attachment A Scope of Work
BACKGROUND The amount of commercial and recreational activity in the relatively small area of Provincetown is unique on Cape Cod. This density, along with the proximate connections to air, ferry, and bus transportation, provides a favorable environment for non- motorized transportation. However, automobile travel, including truck deliveries, to and around Provincetown is still critical for the economic vitality of the area. The narrow streets and limited parking currently provide significant challenges to motorists and bicyclist.
GOAL & OBJECTIVES The goal of this project is to provide guidance to the town on improvements to parking and circulation for both motorist and bicyclist that will improve the safety and efficiency of moving people and goods throughout Provincetown. The objectives of the project are to provide: 1. A professional analysis of current parking stock and utilization for both motorist and bicyclist and overall circulation in Provincetown, and
2. A set of recommendations for parking improvements and policy as well as potential roadway infrastructure improvements to assist the Town in realizing the full potential for the area.
RESEARCH/PLANNING QUESTIONS What is the available total parking for both motorist and bicyclist? How much is public? How much is private? What are the pricing schemes in place for parking? How do other town regulations/policies affect parking? What is the current parking utilization? How well are the roadways and intersections in the area currently operating? Are there any improvements to parking that could improve circulation and alleviate congestion? Are there any improvements to the roadway network that could improve circulation and alleviate congestion?
INFORMATION & DATA NEEDS Data needs will include assessor’s data on properties within the study area; existing inventories of parking lots/spaces as available, bicycle rakes, parking lot data on town lots as available (counts, revenue, and ticketing), plan metric data (parking and other infrastructure), parking utilization data, traffic volume data, as well as the build-out analysis for the area.
TASKS TASK 1 – BACKGROUND Commission staff will review existing planning documents covering traffic circulation for the Town as well as town regulations on parking.
TASK 2 – DATA COLLECTION AND INVENTORY In addition to data provided by the Town, Commission staff will need to collect a significant amount of data on parking availability and utilization, traffic volumes, and travel patterns. Depending on the quality and quantity of data available from the town the scale of the data collection effort may need to be adjusted. A data inventory including, at the minimum, the following information will be established: Parking lot information
3
Number of spaces Ownership Pricing scheme Utilization Number of Bike Racks Traffic counts (including vehicle, bicyclists, and pedestrians) on major roadways and intersections Travel pattern data as collected by Bluetooth Travel-time Origin And Destination (Blue TOAD) readers (see map on the following page) Existing roadway configuration including available bicycle and pedestrian accommodations
Deliverables Summary of data collection activities
TASK 3 – EXISTING CONDITIONS ASSESSMENT Based on the information and data collected in Tasks 1 and 2, Commission staff will develop an assessment of the existing condition of parking and traffic circulation within the study area. This assessment will include a graphical and tabular presentation of parking availability, pricing, and utilization as well as traffic volumes on major roadway and level of service at major intersections.
Deliverables Graphical and tabular presentation of existing conditions
TASK 4 – DEVELOPMENT OF POTENTIAL PARKING IMPROVEMENTS Based on the assessment completed in Task 3, Commission staff will develop a set of potential parking improvements aimed at improving the safety and efficiency of moving people and goods throughout Provincetown. This may include options for revisions to parking policy or pricing, developing new parking options, information technology options for parking management and/or options aimed at reducing parking demand such as transit. Commission staff will work to identify estimated costs, anticipated benefits, and likely obstacles to implementation for each potential improvement.
Deliverables Summary of potential parking improvements with estimated costs, anticipated benefits, and likely obstacles to implementation
TASK 5 – DEVELOPMENT OF POTENTIAL ROADWAY IMPROVEMENTS Based on the assessment completed in Task 3, Commission staff will develop a set of potential roadway improvements aimed at improving the safety and efficiency of moving people and goods throughout Provincetown. This may include options for changing circulation patterns, improvements at select intersections, and/or options aimed at reducing circulating volumes within the study area. Commission staff will work to identify estimated costs, anticipated benefits, and likely obstacles to implementation for each potential improvement.
Deliverables Summary of potential roadway improvements with estimated costs, anticipated benefits, and likely obstacles to implementation
TASK 6 – PRESENTATION OF DRAFT REPORT Prepare a draft report including information collected in previous tasks and a full set of proposed recommendations.
Deliverables Draft Report and Presentation
4
TASK 7 – FINAL REPORT Deliver the final report to the Town for distribution as they see fit.
Deliverables Final Report including summary of findings and recommendations
BUDGET Total Estimated Cost: $110,000 Cape Cod Commission Portion - $77,000 Town of Provincetown Portion - $33,000
SCHEDULE Task/Month 1 2 3 4 5 6 7 8 9 10 11 12 1. Background x
2. Data Collection x x x
3. Existing Conditions x x x
4. Parking Improvement Development x x x
5. Roadway Improvement Development x x x
6. Presentation of Draft Report x x
7. Delivery of Final Report x Note: Schedule may need to be adjusted to allow for data collection during peak season conditions
PROJECT TEAM Glenn Cannon, PE, Director of Technical Services (Project Manager) Lev A. Malakhoff, Senior Transportation Engineer Steven Tupper, Technical Services Planner Patrick Tierney, Technical Services Planner Martha Hevenor, Planner II, Bicycle and Pedestrian Coordinator Cally Harper, Planner II Phil Dascombe, Community Design Manager Leslie Richardson, Chief Economic Development Officer Anne Reynolds, GIS Director
PROCESS PROTOCOLS The following protocols are proposed in order to maximize public transparency, participation and satisfaction with the process.
CONTACTS CCC Project Manager: Glenn Cannon, [email protected]; (508) 362-3828 Town Project Manager: David Gardner, [email protected]; (508) 487-7002 MEETING LOGISTICS & NOTICING CCC staff will coordinate with town staff to arrange the location, date and time of all meetings associated with the project. Town staff will reserve the location for any meetings. Microphones and audio/visual will be provided by the town as 5
needed. Town staff will prepare notices, including flyers and informational postcards, to advertise any meeting as necessary. Town staff will be responsible for any printing required. Town staff is responsible for noticing workshops meetings consistent with the noticing requirements below.
WEB SITE The website is intended to be the primary mechanism for distributing project-related information. It is anticipated that the town’s website will act as a portal for interested parties and will link to a dedicated section of the Commission’s website for additional information.
6
Provincetown Board of Selectmen AGENDA ACTION REQUEST Monday, June 08, 2015 1A
PUBLIC HEARING Annual Town-wide Policy Goals Process for FY2016. Requested by: Board of Selectmen Action Sought: Public Hearing/Discussion
Proposed Motion(s)
Discussion dependent – votes may be taken.
Additional Information
Public Comment on FY2015 Goals and Suggestions for Proposed FY2016.
Board Action
Motion Second In favor Opposed Disposition
______
Board of Selectmen
Public Hearing
Annual Town-wide Policy Goals Process for FY 2016
The Provincetown Board of Selectmen will hold a Public Hearing on Monday, June 8, 2015 at 6 p.m. in the Judge Welsh Room, 260 Commercial Street, Provincetown, MA, to receive comments from the public on the upcoming Town-wide policy goals setting process for Fiscal Year 2016.
The public will be asked to weigh in regarding progress made on the FY2015 Goals as well as provide comment to the Board of Selectmen on what should be included in the Town’s upcoming goals for the next fiscal year.
Tom Donegan Chairman, Board of Selectmen
Posted Town Hall: www.provincetown-ma.gov, May 6, 2014 1:55 pm dv Provincetown Banner: May 21, 2015 and May 28, 2015 FY2015 Town Wide Policy Goals Goals Fiscal Management
Explore different approaches to taxing property to promote The Assessor’s office provided information for a discussion prior to the setting of the year-round businesses and housing. Have a tax rate last fall. It is expected that this will be an ongoing discussion. The Town comprehensive discussion of possible changes in tax continues to work with our local state representative in pushing for the passage of policy to support a year-round community, including small the short term rentals tax. business exemption, year round residential exemption and taxing short term rentals.
A five year Fiscal Policy Plan and a five year Capital The 10 year Financial Forecast was prepared and discussed with the Board of Improvement Plan are essential tools needed for future Selectmen in the fall of 2014 forecasting and planning and are included in the Charter. However, from time to time it is important to take a longer view and for fiscal year 2015, we will work with staff to develop a 10 year Financial Plan that projects revenue and expenses to determine what, if any, changes in expense, revenue or development trends are required.
Review the Clifton Larson Allen Audit Report and The FY 2014 Management Letter update was distributed to the BOS in May 2015. Management Letter and craft compliance plan. Community Housing Ongoing - The Town is currently at 8.67% which is equivalent to 184 units. 10% Develop a plan to achieve 10% affordable units in 3 years. requires 213 units. With the addition of 3 new units at the Grace Gouveia building and 18 at Stable Path we will have 205 units and will need 8 more units to reach 10%. Note that units do expire and we will have a few expiring in 2017 and on. Potential additions might include units at the former Community Center; units at 350 Bradford Street [6 proposed]; units at the VFW lot. Only units up to Create and begin implementing a plan to create year-round 80% AMI are eligible and only units that meet DCHD criteria. rental housing. Adopt the Housing Summit Report and establish concrete goals. BOS adopt the Housing Action Plan April 2014
Develop strategies to increase our year round population Discussion of the development of the VFW lot and elsewhere has included adding 3- as measured by local census. bedroom units to retain and encourage families to locate in Provincetown.
Investigate the creation of a community housing 2015 ATM adopts Art 23. Creation of Year-Round Rental Housing Trust - to petition investment fund that would be presented to Town Meeting the General Court for a Special Act creating a Year-Round Rental Housing Trust; voters. Town Counsel is drafting the special legislation. Art 24 approved funds for the Trust.
Bring a Zoning Bylaw revision to Town Meeting in spring 2015 ATM adopts Art 21. Zoning Bylaw Amendment: Use Regulations Article: 2015 to allow accessory units in the Res 1 zone that will be Accessory Dwellings in the Single Family Zone guaranteed as year round rental housing for at least 10 yrs.
Investigate redevelopment of the Governor Bradford Mass Housing Partnership [MHP] provided technical assistance through structural School and VFW sites for the benefit of community housing engineering analysis and preliminary financial analysis to deem the property as including incomes from 80% to 110% AMI and secure potentially feasible for the redevelopment of community housing. MHP provided a funds as required to complete the project. template for a draft RFP. The Housing Specialist drafted an RFP and circulated it for comments 4/15/15. Some comments have been received and a revision is underway with the intent to complete the RFP in June 2015. Capital Improvements and Infrastructure DPW plans to submit a grant application in August to MassWORKS for the funding of Engineering and Construction services pertaining to Phase III Reconstruction of Continue the paving of Commercial Street and the Commercial St which runs from Howland St to Johnson St. Should we be successful implementation of the Town-wide Paving Management in the grant opportunity then the plan would be for construction to begin in October Plan. 2016. The caveat is going to be what the selectmen require for engineering services as it relates to the complaint brought forward by Mr. Rogers last year. Town-Wide Paving plan will continue to target the main thoroughfares (Bradford, Commercial, Shank Painter). This past year we repaved sections of Commercial St, Bradford St, Mechanic St and the entire lengths of Tremont St, West Vine St, and Conway St. Preventative measures such as crack sealing took place on Shank Painter Rd and Bradford St. The outlook for FY16 is to update our Pavement Management Plan and incorporate it into the Town of Provincetown GIS software (PeoplesGIS) so we can improve tracking our roadway PCI Index. We also plan to address the slope failure on Jerome Smith Rd / Alden St near the Cemetery.
DPW will work with CCC as directed by the Selectmen but it would be my Continue to work with the Cape Cod Commission traffic recommendation to seek a transportation engineer that can scope this project much engineers to review the completed traffic study analysis on better to include all underground utilities, overhead utilities, planning board concerns, Shank Painter Road and determine what infrastructure and local concern. An estimate from our transportation engineer was approximately capital improvements are required to improve access and $130,000 for a complete ground survey and preliminary design of Shank Painter Rd safety for pedestrian and bike traffic as residential units are to be used in finding potential funding opportunities. developed within the Shank Painter area. This past year several areas of Shank Painter Rd were repaved to improve overall conditions. This spring we have been crack filling the road to help reduce frost heaving in the winter and prohibit infiltrating water from washing away sub-base. Spot repairs will continue until a reconstruction plan is developed.
Conduct an overall traffic flow study of Provincetown. Traffic Study initiated on May 26, 2015, to be completed by December
Reducing unaccounted-for water by continuing with the The water department is continuing leak management activities in an effort to leak detection and removal program that reduces water reduce unaccounted for water. Water Department staff members are working to lost in the system with a goal of achieving 10% or less install meter pits on service lines which exceed the fifty foot (50’) rule and are known unaccounted-for water by 2015. to be substandard material. These services were initially identified during the USDA funded program in 2010 and 2011. The Provincetown Water Department was required to meet 10% Unaccounted-for-Water (UAW) by December 31, 2014. The 2013 Annual Statistical Report submitted to MassDEP indicated 17.3% UAW. The department not meet this compliance standard by December 31st 2014, and therefore submitted an UAW compliance plan to MassDEP with the 2014 Annual Statistical Report. The 2014 Annual Statistical Reported submitted to MassDEP indicated 16.6% UAW. The compliance plan outlines actions the Department has taken to reduce UAW in an effort to meet the compliance standard. Secondly, the plan also provided an analysis identifying the cause of the failure to meet the performance standard. The Department has been working on an internal “Water Audit” utilizing the methods outlined in the AWWA Manual M36.
Continue Storm Drain Repairs/Storm Water Run- The Stormwater plan continue to support the Pavement Management Plan Off/Harbor and Beach Management Plan. Special addressing several drainage structures along Bradford and Commercial St. Recently consideration should be paid to identifying solutions or the DPW was awarded a CZM grant for the development of Stormwater Inundation alternatives to the Ryder Street Extension outfall Pathways to help identify vulnerable areas affected by stormwater. This grant has pipe. Continue the pursuit of grants and other funding allowed for the complete incorporation of our drainage system into the towns GIS mechanisms in order to continue the process of completing system (peoplesGIS). This critical improvements will enable for a more these important drain rehabilitation projects each year. comprehensive asset management plan which will be used to forecast stormwater CIP projects as well as improve our chances for grant opportunities. DPW plans to submit to FEMA’s Hazardous Mitigation Grant Opportunity with a deadline in August for the remediation of the Ryder St Outfall. Government and Administration Recruit and hire a Town Manager and lead efforts to make the new Town Manager successful. Support efforts to Hiring Process ongoing amend the Charter to change the residency requirement 2015 ATM approved Charter change for residency requirement for DPW Director for senior staff. and Police Chief.
Support and encourage Sustainable Energy Generation: The Energy Manager and Chair of the RREC attended a HDC meeting on March Support and encourage the Historic District Commission 18, 2015 to update the HDC on the Solarize Provincetown Program and its potential to increase green energy generation and to increase effects on the Historic District. The HDC expressed general support for the energy self-sufficiency through the appropriate deployment of solar, including within the Historic District, but maintains that review is deployment of solar and wind generation. necessary in order to ensure their mission of historic preservation is balanced with the need for renewable energy generation in Provincetown. Recruit Historic District Commission (HDC) members to fill HDC vacancies who are sympathetic to the importance of local generation of green energy.
Seek revision of Zoning Bylaws as required to allow for Article 8 (solar facilities) of the ZBL was added in October 2011, no amendments appropriate Solar and Wind generation in all Town have been identified. There is currently no mention of wind in the bylaw nor have districts. we ever been approached to install a wind turbine.
Initiate a study of ways to use Town owned buildings The Town is working with the Cape and Vineyard Electric Cooperative, Inc. (CVEC) and land for solar and renewable energy projects of all to seek state grant funding for the evaluation of solar energy deployment on two kinds, including the Route 6 corridor. town buildings that have high energy demands.
Work with the Department of Community Development to The 3-year process of implementing a town wide permit tracking software system is create a more effective and efficient environment for finally in place within the Licensing and Building Departments. Other departments regulatory transactions between businesses and the Town will be phased in over the remainder of the year. and Town related boards. As an example encourage renewals rather than reapplication for licenses, properly incent self-regulation.
Develop and implement a systematic process to grant and We have successfully bid out the first new Trolley concession on town owned roads. administer all Town concessions (i.e trolley, map distribution, farmers market, etc.) as well as other nongovernmental organizations use of Town owned property.
Community Policing Re-establish community policing and institute community During the past year, we began the outreach initiative known as “Coffee-With-A- government in our town. Each department head would hold Cop”. One of the big issues police must continually deal with is communication. We regular monthly meetings to build a relationship between understand that we often arrive in the lives of some individuals when least expected community and government to address community issues. and in many cases, in situations where we are not wanted. It has been a success By re-establishing and implementing strategies such as the and warmly received by the community. It is my belief that your police officers have community policing committee along with open become more community focused, more proactive and more outgoing. In return, the communication with the public, we can avoid misconduct community has welcomed and ultimately become more comfortable with its police and wrongdoing ahead of time and take proactive steps to officers. eliminate it when it occurs. We need public oversight and Another example of our commitment to Community-Oriented Policing was having transparency for the people to regain the trust of Town all members of the police department re-trained in the philosophy by staff instructors officials and employees again. Community policing allows from Roger Williams University. Community policing is an agent of empowerment, the public to have a voice in their community. creating a sense of joint responsibility and a joint capacity for addressing issues of concern to the community and your police personnel. This was facilitated training about community policing so everyone has a constructive role. We also hosted a community forum and training session where 50 community members came together to develop a community-oriented policing service that uses a synergistic approach to meeting the safety and visitor service needs of the community we serve. Community policing operates on the premise that if you use partnerships and communication to better address the health, safety and security problems within a community, you enhance the quality of life.
Work with the new Town Manager to hire a new Police Police Chief hiring in process. Chief committed to community policing through effective partnerships with residents, businesses, employees and visitors.
Encourage increased turnout at Town Meeting
Evaluate electronic voting
Evaluate a ‘consent agenda’ approach to routine articles Consent agenda implemented at town meeting.
Prepare a plan to use alternative seating for Town Meeting Voters
Increase publicity of Town Meeting Economic Development, Tourism and Year Round Economy
Initiate an update of the Local Comprehensive Plan (LCP). LCP process has begun. The Selectmen will be asked to appoint the LCP review committee within this summer.
Foster and support initiatives, including taxes, and fees that encourage a year round economy.
Conduct a Traffic and Parking Study. Seek funds from Traffic Study initiated on May 26, 2015, to be completed by December grants or a Town Meeting appropriation to create a thorough, town-wide plan for future parking needs, road and traffic flow improvements. Included in this plan should be a series of recommendations for better integrating bicycles into our roadways, especially as it relates to connections to the Cape Cod National Seashore and Cape Cod rail trails.
Economic Development of the Harbor. Work with Boards The Harbor Committee, working with Conservation and their liaisons, has been to study the possible expanded uses of Provincetown involved with a Coastal Resilience grant to prepare a beach management plan and Harbor for passive and active economic development beach nourishment pilot project. While the grant ends June 30th, the public process through aquaculture and enhanced facilities for mariners of will continue with Cape Cod Commission assistance throughout the all kinds as well as a full marketing plan to eventually year. Additionally, Pier Corp has been working to address the needs of commercial encourage more visitors to arrive via private vessels. aquaculture and Shellfish Committee to increase the infrastructure on MacMillan Pier to support this emerging market sector. We are pursuing planning grant possibilities for development at the far end of the Tee in support of this. The Shellfish Constable is propagate alternate species such as oysters for the recreational shellfish areas including rehabilitation of the pier upweller equipment.
Create a Town-wide Bicycle Master Plan. Continue to Bike Committee is a part of the Outer Cape Bike and Pedestrian Task Force pursue Provincetown as a bicycle-friendly destination by working to complete the Rail Trail from Wellfleet to Provincetown. Our goal is to the following actions: have the skeleton of a proposed Master Plan in place by December 2015.
BC is conducting traffic counts at key points and at different times to acquire actual traffic counts on bikes, motor vehicles, and pedestrian interaction. These counts will include both Commercial and Bradford Sts.
Creating a public awareness and safety campaign BC continues effort to educate the public of both laws and habits that affect the interaction of people and movement. Both Commercial and Bradford present unique problems and have different needs. Participated in both Year-Rounders outreach to foreign workers during the World Fest. Attempting to educate the tourists who arrive in tour bus groups. Working with the Provincetown Police Department to coordinate efforts and appoint a Police Liaison. Reprinting our Bicycling Brochure and seeking other ways to help people get around on a bicycle in Provincetown.
Implementing bicycle improvements and amenities BC re-opened our grant program to encourage private businesses to install bike throughout Town racks for bike parking.
Connecting bike paths with Truro BC involved with the construction of the bike link between Beech Forest and Bradford St. via Cemetery Road; Climbing lanes on Bradford St; the Shankpainter realignment; the Bike Parking area at First Landing Park and the connector of the Rail Trail from Howland St to Conwell. Plan for the 2020 Celebration: Work to immediately establish a leadership structure and 2020 Celebration Committee structure has been formed and nominations are nearly timeline for planning and executing a major opportunity to complete. promote Provincetown to the world for the 2020 celebration.
A list of improvements necessary to Town facilities should The Bas Relief RFP is currently being drafted and will go out shortly. Once the 2020 be created, and a clear plan should be established on how Committee starts to meet more regularly they will provide input on infrastructure and to move forward. Potential key partners, such as the Town improvements. There is both a Beautification and Infrastructure subcommittee of Plymouth, private ferry and ground transportation being formed at this time. Tony is a member of the Plymouth 400 committee and is operators, and other regional partners should be brought in collaborating with their planning efforts. early to find ways to collaborate with Plymouth’s celebration and transport the public frequently and easily between the two communities.
Cape Cod National Seashore Continue to work in partnership with the CCNS to develop Bike Trail connection project moving forward. Contract for engineering, design and and expand bicycle lanes, trails and connections between construction to be issued shortly. the Seashore and Town.
Encourage the CCNS to utilize local workers for upcoming projects. Prepare and submit local preferential work authorization requirements to the NPS/CCNS.
Seek the Establishment of the Stellwagen Bank Marine Sanctuary, Visitor Center in Provincetown.
Support efforts to restore the Bas Relief and to support The Bas Relief RFP is currently being drafted and will go out shortly. Cultural completion of Fisherman’s Memorial sculpture and AIDS Council is currently reviewing Expressions of Interest for the AIDS Memorial. The Memorial. RFP is currently under review by Town Counsel and should be issued shortly.
Proposed FY2016 Goals
Potential Community Housing Goals for FY 2016:
1. GOAL: Create a minimum of 200 new community housing units by 2025 in accordance with the 2014 Housing Action Plan:
Development: Encourage public/private partnerships to create additional year- round housing. Stable Path & Grace Gouveia building: work with developers on facilitating completion of project including the development and implementation of the marketing and outreach for tenant selection. Creates 26 new units. 46 Bradford Street [former Community Center]: issue Request for Proposal; review submitted proposals; select qualified developer to facilitate the development of year round community rental housing. Creates estimated 10 – 15 new units. VFW site: evaluate options for the development of the VFW site as year round rental housing and move forward with a Request for Proposal that fits that vision. Creates unknown number of new units. 350 Bradford Street: work with developer on possible public/private partnership for the development of community housing that fits the Town of Provincetown. Potentially creates 6 new units. Continue to evaluate town-owned properties for possible development. Continue to evaluate tax title and owner’s unknown properties for possible development.
Alternative housing: Pursue the possibility of introducing the tiny home concept in town. Pursue the possibility of co-op housing in town. Pursue the “what-if” possibilities which may include acquisition of properties to be utilized as year round rental housing. Pursue various strategies to address homelessness and to prevent homelessness in Provincetown.
Finances: Year-round Rental Housing Trust: if state legislation passes; pursue creation & implementation; if not, consider alternatives. Promote donations!
2. GOAL: Encourage Private Sector to Maintain Year-round Community Housing Units: Promote Tax Exemption program Promote Housing Rehabilitation Program Explore other incentives Consider promoting or sponsoring a first-time homebuyer’s and/or path to ownership program
Police Department
1. Continue commitment to Community-Oriented Policing. Community policing is an agent of empowerment, creating a sense of joint responsibility and a joint capacity for addressing issues of concern to the community and your police personnel.
2. Our department goal is to be more accessible to, and accepted by, our community, while providing more efficient and effective services.
3. Further development of the Mission Statement and Values. 4. Begin work on a citizen’s survey. 5. The first stage of identifying problems from the community’s perspective. (the next stage would be to prioritize those problems) 6. Identification of logical next steps for the police department.
Harbor Harbor Committee voted to continue marine goals from last year and add “improve appearance and maintenance of mooring fields”.
Energy: 1. Adopt an updated Energy Reduction Plan to continue reducing the Town’s energy use 2. Seek funding for studies and implementation of renewable energy on Town- owned property 3. Seek revision of zoning bylaws to exempt renewable energy, including wind and solar power, from Historic District Commission review. 4. Establish a Green Revolving Fund that will allow savings through the Town’s agreements with the Cape and Vineyard Electric Cooperative to fund expansion of renewable energy generation in Provincetown.
Natural Resources: 1. Seek revision of harbor regulations to reduce the negative impacts of personal boats on Town beaches and beach grass. 2. Seek funding to implement a beach management and nourishment pilot project to help protect Provincetown property from storm damage
Town Wide 1. Request town meeting make charter change to adjust timeframe of the close of warrant, annual town meeting and the annual election. 2. Set schedule for police station construction and move forward on the schedule 3. Work towards efficiency in town government.
Provincetown Board of Selectmen AGENDA ACTION REQUEST Monday, June 08, 2015 1B
PUBLIC HEARING Request for New Streetlight Adjacent to 5 Pleasant Street
Requested by: Acting Town Manager David Gardner Action Sought: Public Hearing/Discussion
Proposed Motion(s)
MOVE that the Board of Selectmen vote to approve the request of Stephen Syta and Joerg Dressler to install a new streetlight adjacent to 5 Pleasant Street, Provincetown, MA.
Additional Information
See attached Public Hearing Notice , documents and comments.
Board Action
Motion Second In favor Opposed Disposition
______Board of Selectmen Public Hearing
Request to Install New Street Light
The Provincetown Board of Selectmen will hold a Public Hearing on Monday, June 8, 2015, at 6:00 p.m. in the Judge Welsh Room, Town Hall, 260 Commercial Street, Provincetown, MA 02657 to receive comments from the public on the request by Stephen Syta and Joerg Dressler to install a new streetlight adjacent to 5 Pleasant Street.
Comments may be submitted in writing to the Office of the Board of Selectmen, 260 Commercial Street, Provincetown, MA 02657 or [email protected] by Tuesday, June 2, 2015 or in person at the hearing.
Tom Donegan, Chairman
Posted: Town Hall, http://www.provincetown-ma.gov Published: Banner: May 21 and May 28, 2015
Provincetown Town Hall 260 Commercial Street Provincetown, MA 02657 Board of Selectmen
Policy Statement
2014-11-10 Policy Relating to the Addition or Removal of a Streetlight.
The process for requesting or removing a streetlight is as follows:
Removal of an existing light:
1. Applicant submits a petition to remove an existing light 2. Assessor provides an abutter list of direct abutters 3. Selectman Secretary schedules a public hearing and mails a notice to abutters 4. Selectman hold a hearing to consider removal of the light 5. DPW (or Energy Manager) follows up with street light contractor for the removal.
Request a new light:
1. Applicant submits a petition with signatures of all direct abutters to the pole in support of adding a new light 2. Assessor verifies abutters. If all abutters agree, DPW (or Energy Manager) requests an additional light with street light contractor 3. If not all abutters agree, the matter is referred to the BOS at a public hearing (same process as above)
This vote of the Board of Selectmen constitutes policy that takes effect with the date of the vote, November 10, 2014.
Adopted: November 10, 2014 In favor: 5 Opposed: 0
Provincetown Board of Selectmen AGENDA ACTION REQUEST Monday, June 08, 2015 2
PUBLIC STATEMENTS Requested by: Board of Selectmen Action Sought: Open
Proposed Motion(s)
Five minutes maximum. Selectmen do not respond during Public Statements.
Additional Information
Board Action
Motion Second Yea Nay Abstain Disposition
______
Provincetown Board of Selectmen AGENDA ACTION REQUEST Monday, June 08, 2015 3
SELECTMEN’S STATEMENTS
Requested by: Acting Town Manager David Gardner Action Sought: Discussion
Proposed Motion(s) Motions may be made and votes may be taken. Cheryl Andrews
Robert Anthony
Raphael Richter
Erik Yingling
Tom Donegan
Additional Information
Board Action
Motion Second Yea Nay Abstain Disposition
______
Provincetown Board of Selectmen AGENDA ACTION REQUEST Monday, June 08, 2015 4A
COMMUNITY DEVELOPMENT PARTNERSHIP Power Point Presentation and Update on Work Requested by: Executive Director Jay Coburn Action Sought: Discussion
Proposed Motion(s)
Discussion dependent – votes may be taken.
Additional Information
See attached 2014 Annual Report.
Board Action
Motion Second In favor Opposed Disposition
______2014 Annual Report
The Community Development Partnership (CDP) nurtures a vibrant Lower Cape region by promoting environmental and economic sustainability, expanding opportunities for low- and moderate- income residents, and preserving our unique cultural and historic character.
140 Dear Friend, Cape Codders living in affordable homes, 2014 was a year of significant growth and great accomplishments at the Community including 30 children Development Partnership (CDP). We are pleased to share our Annual Report with you. In it we describe some of our key achievements from 2014 - highlighting how your contributions made a difference in the lives of people on the Lower Cape. To conserve resources, through reduced printing and postage costs, we’ve condensed our Annual Report. This means more of your 240 donations go right to supporting the CDP’s programming. You can learn more about our work Small businesses received and review an audited financial statement on our website – www.capecdp.org. one-on-one business New in 2014 was our ability to leverage greater financial support for our programs through technical assistance the Community Investment Tax Credit (CITC). Through the CITC program, the state provides a 50% tax credit to contributors who make donations of at least $1,000 to the CDP. Thanks to this innovative program, individuals and businesses contributed $159,800 to the CDP – 71% of 49 which was new and increased investments. Graduates of First Time In this Annual Report you will meet some of the people who have been touched through Home Buyer Education the work we do. Whether it be by providing a safe, stable affordable home. Strengthening a local small business. Or protecting the natural environment of this place so many of us love. We are creating opportunities for people to live, work, and thrive on the Lower Cape. 70 We are excited for what 2015 has in store for the CDP and hope you share our enthusiasm. We invite you to stay connected with how we are creating a stronger Lower Cape community Jobs created or retained by reading our monthly newsletter and joining our Facebook page.
Thank you for your continued support and generosity! $5,297,697 In gross sales generated by local fishermen participating in the Cape Cod Fisheries Trust Jay Coburn Russ Labbe Executive Director President, Board of Directors “The CDP is a very special organization whose help and support has provided us with funding and advice {Sunbird} that allowed us to realize our business goals.” Strengthening Local, Small Businesses
A joining of forces. A combining of passions. No matter what you call it, this business has just the right mix of ingredients to make it a success.
$178,125 When J’aime and Christian Sparrow decided to return to Cape Cod five years ago, Loaned to 6 local they had a plan in mind—a well-devised plan. They wanted to create a business that businesses would engage its customers in an experience—fresh, quality, local food served by a friendly, competent and enthusiastic staff in a visually appealing surrounding that creates a warm, engaging community atmosphere. Their respective talents fed this plan naturally—she with a background in the food and hospitality industries and he 42 as a visual design and branding expert. The missing piece—start-up funds. Homes rehabilitated, They had a food truck and a location in Wellfleet, but they needed financing to resulting in $1,171,137 build out the site and open their doors. Limited space within the truck meant they to local contractors* would need a storage container on the property. That container needed some retrofitting—including insulation and a double-door fridge. To prepare the site, they would have to dig a trench to bring in electricity and a line for fresh water. After all these upgrades, then there was the start-up food expense. The CDP’s Micro Loan program was just the right fit for these needs. A $6,000 loan early in the summer of 174 2012 enabled them to open for business and enjoy part of the high season—most Small businesses significantly establishing a loyal customer base. participated in When reflecting on their first season and beyond, J’aime recalled some of the initial business education operational challenges. “Getting all our systems in place and experimenting with the menu and food amounts took some time,” she said. Yet with their focused vision, strong staff, valuable network of local business owners, and some tweaks along the way the business has taken off. So much so that they opened the doors to Sunbird 21 Kitchen with business partner Karen Densmore in January 2015—a place for their ‘flock’ to gather throughout the year. Another small loan from the CDP rounded out Businesses verified local bank financing to make this—their initial dream—a reality. J’aime said, “We as Cape & Islands Green have always said that ‘it takes a village’ to help us grow our business. The CDP is a very special local organization whose help and support has provided us with funding *The Housing Rehabilitation Program and advice that allowed us to realize our business goals. They are an integral part of was operated in partnership with Harwich our local network and we feel so fortunate to have them in our village here on the Ecumenical Council for Housing (HECH) Lower Cape. Thank you!!” “ It has felt like home since day {Angelina Bologna} one. I love it here so much.” Providing Safe, Stable & Affordable Homes
Longtime Harwich resident Angelina Bologna wasn’t expecting much when she attended an information session and applied to a housing lottery for the new Thankful Chases Pathway housing complex in Harwich.
She and her young daughter had been living with her parents for 8 years. Her ongoing search to find an affordable place for them to live was beginning to seem hopeless. Thankful Chases Pathway appealed to her due to its location and new construction. Yet she figured with so many applicants, what were her chances? When she received the phone call informing her she had a new home, she cried. “I didn’t think I’d ever find an affordable place to live,” she said. Over four years later, she and her now 13 year-old daughter couldn’t be happier. “It has felt like home since day one. I love it here so much.” Angelina appreciates the open concept, beautiful design and spaciousness of the rental, which she says, “gives it a real sense of community.” Adjacent wooded trails have been an extra benefit, plus the location. With a network of family and friends in the immediate area, and her own massage business based in the neighboring town of Dennis, the spot has been ideal. And for her daughter, the fact they can have a pet has been a bonus—adding a Chihuahua mix, Sofia, to their family last year. As Angelina reflected fondly on her time at Thankful Chases Pathway, she said, “I see us staying here for the foreseeable future. It has been fabulous.”
{Doug Feeney, Fisherman & Boat Builder}
A Sustainable Future
A new boat and a new fishery. When we met longtime Chatham fisherman Doug Feeney in 2013 he was making some significant changes in his life—changes for a more viable future. After working on other fishing boats for years, he decided it was time to go out on his own.
He purchased a 32 ft. boat that he intended to use to fish in what was becoming a thriving local fishery—dogfish. But Doug purchased the boat for its hull alone—a hull ideal for this fishery because it doesn’t draw a lot of water and carries a lot of weight. The rest he would need to rebuild from scratch. As an experienced boat builder, this would not be a problem. It was the financial resources for parts and commercial space to do the work that posed the challenge. This is where the CDP came in. Working with our Business & Credit program staff, Doug was able to secure the funding he needed to make Fishing Vessel Noah a reality. “It’s priceless,” he said about his Micro Loan from the CDP. “It was groundbreaking. I could not have done it on my own.” And in his first season, he “got out there and crushed it.” With a boat designed to his own specifications, he blew his financial projections out of the water, achieving in three months what he had projected to do in five. In his own words, “The investment gave me the opportunity to succeed.” And, along the way, Doug has become a local spokesperson for the dogfish fishery, a fishery that has been so well managed there is now an overabundance. In 2014 local fishermen in Chatham alone landed 7 million pounds of dogfish—three quarters of what was landed in the entire state of Massachusetts. With this much fish there is a need to develop more markets— domestic markets. Right now the majority of what is caught is sold overseas. Working with our partners at the Cape Cod Commercial Fishermen’s Alliance, Doug is hoping to change that. Radio interviews, newspaper articles and public appearances are helping to increase awareness about this sustainable and versatile white fish—an awareness that he hopes will open new doors.
“ Without a loan from As for what’s on the horizon for Doug—eventually an even bigger boat that will allow him to CDP, I wouldn’t be where move farther offshore, harvest more species and extend his fishing season. The future is I am today.” looking bright for Doug Feeney, a future he is working hard to set-up for his young son - Noah. 2014 Donors Thank you to everyone who supported the CDP during 2013 and 2014! Your support and generosity make our work possible and help us to build a stronger Lower Cape community.
Government Funders UP TO $1,000 Orleans Chamber of Commerce Community Economic Development Truro Police Association Peter MacDonald Architect, LLC Assistance Corporation Soros Fund Charitable Foundation PMG Mechanical Systems, LLC Mass Growth Capital Corporation Provincetown Bookkeeping MA Cultural Council Business Support Vlacich, Mitchell, & Company, P.C. MA Department of Housing & Community Development COMMUNITY INVESTOR BUILDER National Fish & Wildlife Foundation $10,000+ UP TO $249 Town of Brewster Cape Air 3 Harbors Realty Town of Dennis Atlantic Spice Co. Inc. Town of Eastham $5,000 - $9,999 Bennett Environmental Associates Town of Truro Truro Vineyards of Cape Cod Changes Hair Salon Town of Wellfleet Coastal Engineering Co., Inc $2,500 - $4,999 US Department of Agriculture Cotuit Solar, LLC Rural Development Devon’s Deep Sea Dive Cove Bluffs Motel Seamen’s Bank East Cape Engineering, Inc. Faith Community Support $1,000 - $2,499 Fieldworks, Inc. Am Ha Yam Cape Associates Inc. Friendly Fisherman Brewster Baptist Church Hole-In-One, Inc. GC Custom Builders The Chapel of Saint James the Fisherman Karoo Restaurant Gymkids Gymnastics M.C.E. Dirtworks, Inc Interiors Etcetera Foundation & Savory & Sweet Escape, Truro John C. Ricotta & Associates Non-Profit Support Steven Garran, CPA Lewis Brothers Homemade Ice Cream The Cooperative Bank of Cape Cod Little Capistrano Bike Shop $50,000+ The Lobster Pot Mac’s Seafood Charlesbank Homes The Valle Group Montgomery Financial Group Newcomb Hollow Shop $25,000 - $49,999 VISIONARY Olga Kahn, Architect Sailors’ Snug Harbor of Boston P’town Parties $500-$999 The Mary-Louise and Ruth N. Eddy Perry’s Wine & Liquors Foundation ABC Disposal Service, Inc. / Zero Waste Solutions Salt Box Enterprises LLC $15,000 - $24,999 Cape Cod Five Cents Savings Bank Sparkle Edge Cleaning TD Charitable Foundation Chatham Sheetmetal, Inc Truro Center For The Arts at Castle Hill Cape Cod Five Cents Savings Bank Chatham Wayside Inn Wellfleet Motel & Lodge Charitable Foundation Trust Ethan Poulin, Inc Whiteley Fuel Oil Company Kerry Insurance Agency, Inc. Yankee Ingenuity $10,000 - $14,999 Shepley Wood Products Enterprise Community Partners Special Event Supporters CHAMPION $5,000 - $9,999 Abba Seamen’s Long Point Charitable Foundation $250-$499 Angel Foods Agway of Cape Cod Barnstable County – Cape Cod Economic Aqua Bar E Z Doze It Excavating, Inc Development Council Blackfish John Saari Housing Rehab Specialist Blue Gallery Construction Manager $2,500 - $4,999 Cape Cod Gourmet Cape Cod Foundation - Toop Family Fund RPM Carpets & Floor Coverings Devon’s Cape Cod Commercial Fishermen’s Alliance Law Office Of Singer & Singer Devon’s Deep Sea Dive Cape Cod Healthcare A3 Architects Inc Peter Donnelly Wellfleet Shellfish Promotion Eastham Hardware East End Market and Tasting, Inc. (SPAT) Eldredge Surveying & Engineering Fanizzi’s Restaurant Kaplanski Insurance Agencies Far Land Provisions $1,000 - $2,499 Latanzi, Spaulding & Landreth, P.C. Front Street Tern Foundation Lucas Electrical Services, LLC Halcyon Farm Nauset Newcomers, Inc. Moby Dick’s Polly Hemstock Karoo Restaurants Norman & Joyce Edinberg Russell & Andrea Labbe Kerry Insurance Agency, Inc. Brian Farley & Ron Alose David Marriott Land’s End Inn Jane Teixeira-Henry & George Henry Ned Oliver Local 186 Alexander & Elspeth Hay Erica & Francisco Parra Mac’s Seafood Patricia Hess Nancy Poor Mary DeAngelis Silk & Feathers Michael Horton Leslie Richardson Lori Meads Mary Kay Leonard Donna Vallancourt & Robin Reid Mews Restaurant and Café Sarah Lyons Ernie & Anita Rogers Nauset Disposal Sheila Lyons James & Mary Sexton Perry’s Wine & Liquors J. Bruce MacGregor & Karen O’Conner Richard & Deborah Sheldon P’town Parties Robena Malicoat & Mark Protosevich Manuel & Liz Smith Barbara & Tim Struna James C. A. & Stephania McClennen Stanley & Bonnie Snow Sunbird Hirschel McGinnis & David O’Dowd Robert Spiegelman The Funk Bus Brian Michaelan Geoffrey & Susan Stearns The Lobster Pot Scott Kerry & Moira Noonan-Kerry Kyle Takakjian The Local Scoop Herb & Susan Montgomery Nathan Turoff The Wicked Oyster Walter & Sarah Morrison Judith & Alex Valverde John Thomas David & Sharon Neskey Paul Wisotzky WA Dawna Newman Wellfleet Shellfish Company Marla & Bertram Perkel BUILDER Wequassett Resort and Golf Club Jari Rapaport $100 - $249 Frank & Helen Risch Herbert Acevedo Community Support Paul & Loretta Ruchinskas Stewart Adelson (Individuals) J. Michael & Kathy Schell Scott Allegretti Ira & Florence Seldin Penny Appleton Phillip & Beryl Smith COMMUNITY INVESTOR Thomas Ashley & Barbara Leffle Alan D. & Susan L. Solomont Scott Bartchy & Nancy Breuer $10,000+ Susan Truitt Bruce & Nancy Bierhans John & Alison Ferring Christopher & Debby Ward Douglas Billings Peter Petas & Ted Jones Daniel Wolf & Heidi Schultz Emily Bingham John Yingling Reverend Nancy Bischoff $5,000 - $9,999 Douglas Freeman Eileen Brady VISIONARY Arthur & Judy Huge Edward Breur Jr. David Oppenheim $500-$999 Maria Burks Robert Panessiti Brenda Boleyn & Susan Kadar Joyce & Allan Bush Barbara Wood & Jay Vivian Michael & Marcia Corrigan Mary Ann Cabral Paul & Tracie Gens Larry Carreiro $2,500 - $4,999 Carol Green Judith Cicero Carl & Sally Brotman Terence Keane, PHD. Matthew & Katie Cole Darin Janoplis Mark & Barbara Leddy Bernard & Judith Cornwell Carol MacDonald Philip & Susan Lindquist Shane Coughlin Michael MacIntyre & Ken Russo Arthur & Susan Lloyd Ruth Courtnell Fran & Alan McClennen John & Ann McGoldrick T. Kim Cromwell Stephen Reily and Emily Bingham David & Melissa McGraw Maureen Cronin Alix Ritchie & Marty Davis Margaret Murphy Frances Dalmolen Peter Polhemus & Francie Joseph Elaine Dee $1,000 - $2,499 Gary Reinhardt John & Yvette Dubinsky Jacques Abatto & David Goldman Michael Schaffer Jane & Richard Eccles David & Jill Adler Mary Anne Walk Gail & Ronald Edson Ralph Alswang Stephanie & Albert Wolf Elizabeth Escher Tracey Barry Hunt & Phillip Hunt Kate Escher Joseph & Sandy Bayne CHAMPION Karen Faria Adele Blong & Steven Cole $250 - $499 Richard Fleury Barry Bluestone Glenn & Rebecca Armbuster Steven Flynn Brian Boyle & Polly Marmaduke Katrina Boucher Mark & Carol Forest Sean Burke Liam & Cathleen Cahill Antonio Gabrielle Jay Coburn & John F. Guerra Peter Freeman Ruth Gilbert Mon Cochran Patricia Hughes & Henry Minis Terry Gips & Ned Hitchcock Eliza Cox & Philippe Rispoli Sheila & Karst Hoogeboom Charleen & Herb Greenhalgh Benjamin & Jacqueline deRuyter Danielle Jeanloz & Robert Zaremba Anne & Clyde Hanyen Paul & Marilyn deRuyter Prudence & Warren Kerry Robert Hartwell Lynn Donaldson Heather Brown Kotel Joan & Bob Holt Tom Donegan & Mark Weinress Cynthia Horgan Rev. Judy & Barry Thomas Monica Lussier & Otis Russell Josephine P. Ives Noreen & Thomas Thompson E. Keja MacEwan Charles & Sally Jacob Jennifer Trone James Mack Michael & Wendy Janoplis Stephen & Judy Underberg Martha Rodgers Magane & Kevin Magane Judith Keller Howard & Lisa Van Vleck Sarah Manning Adelaide Kimball Elizabeth & Timothy Wade Cassandra Marsh Douglas Kline Jeanne Washington Timothy McNulty Marcus Kundmann & Nicholas Norman Lauren Weinberger James Meads Paul & Eileen Lefort Michael Whaley Kim Mehler David Lewis Martha Wilson Meredith Miller Betsie & Henry Lind Pamela Wood Madeline Miller Matt Linnell Peter Yelton Nick & Beverly Muto Margaret Lombardi Leedara Zola Cathleen Ostuw Deborah Lyman Glenn S. Pasanen Ann & Edward Mahoney SUSTAINER Rev. Vernon Diannah Porter Deborah McCutcheon $50 - $99 Ann & John Randall Edward McDonald Mary Abt Elizabeth Reheiser Teresa McIntyre Alison Alessi Lloyd Rice Edward McManus Calvin & Nina Anderson Marla Rice John Marksbury & Chuck Steinman Robert & Marian Averback Jessie & Abigail Rose Lori & Michael Meads Evelyn Beckerle Stephen & Margaret Royka John Medeiros Paul Berry & Frances Schofield Beverly & Michael Ryle Edward Miller W. David & Marsha Brennan Eric Secoy Eryn & Amy Montgomery Matthew Bresette Carol Seibert & Mary Lou Crimmins Jonathan & Katherine Moore Deborah Brown Ruth Shapiro Eileen Morgan Judith Bullard Sandra Silva Edward & Ellen Noonan Lisa & David Bushy Norma Simon Sandra Noonan Gwendolyn & Peter Buswell Joanne & Mark Smith Megan O’leary Joan Buzzallino Sidney & Donna Snow William & Nina Opel William & Tilda Bystrom Scott & Heather Snyder Diane Pansire Edward Cain Djordje Soc Stephanie Parke Abigail Chapman Janice Speakman Alison & Paul Parker Robert Creeden, DMD & Charleen Creeden Anne Sterling & Paula Vogel Gwendolyn & Roland Pelletier Richard Conley Jacqueline Stowell James Peterson Kent E. Cowherd Marjorie Strum Mary Lou Petitt Sarah Curley Kevin Sturtevant Christopher Powers Laura Davis Thomas Swensson Monda Prior, MSW, LICSW Alice Demoracski Kenneth & Erica Taber Kurt Raber Roslyn Diamond Jeremiah Taylor Sen. Henri Rauschenbach Greg Dolbec Brooks Thayer Andrea Shaw Reed & Dr. Timothy Reed Marion & Mary Jo Drummond Sarah Turano-Flores Janet Riessman Winifred Fitzgerald R. D. Van Antwerp Michael Roberts Kenneth Fratus Scott Vandersall Steven Roderick Alfred & Judith Gaechter John A. Voetsch IV John Roderick Hilary Gambrill & Norman Barry Ann V. Wallack Cindy Rosenbaum & Rebecca Bruyn Cheryl Gardner Lisa Wexler Harvey Rosenthal Donald Garny Joseph Wray Joan Lenane & Sally Rose Edward Ghory Natale & Linda Santoro Monique Goetinck SUPPORTER Peter & Betty Schiller Dr. Arthur & Susan Hartung UP TO $49 Alison Leschen & Scott Lindell Caroline Rand Herron Mark Aiken Walter & Judy Sebastian Paul & Sara Higgins Kenneth & Audrey Ainsworth Kathryn & Alfred Sette Jaime Hocter Andrea Aldana Lincoln Sharpless+ & Robin Evans Martha Hyams Amy Allen Karen Silva Barbara Johnson & Robert McDonnell Jennifer Amandi Mary Grace Smith Dennis & Carol Klass Pam & Don Andersen Gordon & Barbara Snell Sandra Kuhl Tamar Avisha Elizabeth Sorrell Edward Kulhawik Pamela Bender Paul Souza Denice Lapierre & Christopher Merl Lisa Bensen Marjorie & Robert Sparrow Dawn & Michael Lee Amy Bogue Christian & J’aime Sparrow Barbara Loeding Lora Brody James & Rhonda Tewes Emily Loomis Maureen Burgess Richard Thal Henry & Sally Rose Lum Luisa Campos & Seth Coburn Ryan O’Connell Susan Johnson Anthony Chamay Colleen O’Duffy Johnston Briana Kane Dawn Chandler Margaret Parsons Scott Kerry Kenneth & Pamela Chase Felicia Penn Brian King Jim Chodumel Paul Pilcher Patricia Lotane Nancy Civetta Scott Pulsifer LPS Associates Lisa Clark Matthew Pulsifer Dan Luehti Nancy & William Cook Roberto Ramirez Ed MacDonald Betsi Corea Valorie & Richard Rand Miles Malone Anne Daignault Donald & Denise Reeves Microsoft Corporation Lucy & William Daniels Kara & Jeff Risk Meredith Miller Shawn Delude Sharon & Timothy Rooney Montgomery Financial Group Margaret Dodge Nicole Ross Neueon William & Barbara Doherty Edward & Earline Rubel Russell Norton Gregory Douglas Greg Russo Orleans Inn Patricia S. Farber Lois Rustia Diane Pansire Philip Fingado Elizabeth Schultz & Sally Worm Audrey Parent James & Christine Ford Melissa Sanderson Teresa Parker Wendy & Matthew Frazier Michelle Springer Michelle Pecoraro Jim & Betty Garpow David Stewart Nicole Price Susan Gillam Erin Sullivan-Silva David Quinn Richard Goldberg Judy Tarr Rebecca Ryan Reverend E. Bonnie Goodwin Kathleen Tevyaw Beverly Ryle Suzanne Gouveia Robert & Judith Thomas Sam’s Deli Helen Grogan Frederick Tirrell Scott Sebastian Michael D. Hall Rebecca Townsend Maureen Shea Sueko Hall Steven Tupper Kate Sheehan Dr. Larry Hartung Lydia Vivante Anne Sigsbee Kristin Hatch Renate & George Wasserman Margaret Song Betty Lynn Hathaway Judith Whitney-Terry Sunderland Printing Peter & Christine Henault Marie Williams Brian Tilton John & Jane Hinckley Mira Yardumian Jennifer Trone Sheila House Charles Zug Bill Tuxbury Martha Ingrum Barbara Wood Anne & Howard Irwin INKIND Andi Young Earle Kaufman Amplifier Strategies Kate Keegan Don Andersen + deceased Jake & Simone Ketchum Lisa Benson Erin Kline Heather Brown Kotel Devra Kotel Cape Associates, Inc. Katherine Krouch Justina Carlson Jane Locastro Lucas Dinwiddie Patricia Lotane Sarah Fackler Nancy Lynch Antonella Fernandes Cynthia McGrath Rick Fluery Meghan & Greg McLaughlin Doug Freeman Michael Milito Paul Garganigo Amanda Morris Jim Garpow Patricia Morrison Nicole Goldman Gail Myers Lavin Kathy Granlund Ermelia Natiello Margot Hammond Sarah & Rob Nitsch Mariona Hobbs
Donations listed are for the period of July 1, 2013 to December 31, 2014*. Although we have made every effort to ensure the accuracy of the list of donors, we apologize in advance for any misspellings, omissions or other errors. Please inform us of any errors by calling us at (508) 240-7873 x25 so we can correct our records. Thank you for your understanding and your generous support of the CDP. *The 18-month time period chosen allows us to reflect our most recent contributors in total. Our Program Partners
Cape Cod Chamber Gosnold on Cape Cod of Commerce Harwich Ecumenical Cape Cod Commercial Council for Housing Fishermen’s Alliance Highland Affordable Cape Cod Fisheries Trust Housing (Truro)
Cape Light Compact Lower Cape Outreach Council Eastham Affordable Housing Trust Cape Cod SCORE
Family Pantry of WE CAN Cape Cod
Board of Directors Graduates of our Fall 2014 First Time Home Buyer Workshop. Russ Labbe Scott Kerry President President, Kerry Acting Director of Insurance Agency Deposit Operations, Cape Cod Five Cents Susan Lindquist 2014 Financials Savings Bank Retired
The charts below contain a summary of the consolidated financial Alex Hay Michael MacIntyre Vice-President Retired Hospitality statements of the Community Development Partnership and Co-Owner and Operations Executive Director, Mac’s Seafood Thankful Chases Pathway. Please visit our website for the complete Lori Meads Ernie Rogers Vice President of Marketing FY14 finances: http://www.capecdp.org/content/annual_report/. Treasurer and Administration, VP-Commercial Loan Seamen’s Bank Officer, Cape Cod Five Cents Savings Bank Jari Rapaport Former Social Worker Florence Seldin Clerk Leslie Richardson Community Activist, Chief Economic Retired School Development Officer, Superintendent Cape Cod Commission REVENUE EXPENSES* Heather Brown Kotel J’aime Sparrow $1,539,297 $1,623,194 VP of Commercial Sunbird Food Truck, Lending, Cape Cod Five Sunbird Kitchen, Cents Savings Bank Chef/Partner
Liza Cox Jane Teixeira-Henry Partner, Nutter, Retired, Committee on McClennen & Fish, LLP the Budget, U.S. House of Representatives Ben deRuyter Local Business Owner, Beth Hardy Wade Program Income: $736,639 Program Services: $1,512,689 Entrepreneur Executive Director, $469,880 $29,141 Champ Homes/ Grants: Fundraising: Pilot House Norm Edinberg Contributions: $311,329 General & Admin: $81,364 Retired Businessman Barbara Wood Other: $21,449 Retired Executive
*Expenses include $309,649 in depreciation for the CDP’s Affordable Housing Properties.
Staff
Jay Coburn Andrea Aldana Executive Director Education & Administrative Manager Abigail Chapman Director of Housing Pam Andersen & Energy Efficiency Business & Credit Programs Programs Manager
Alice Demoracski Christine Henault 3 Main Street Mercantile Unit 7 Eastham, MA 02642 Director of Property Records Manager Management P 508.240.7873 F 508.240.5085 E [email protected] Michael Savarese Sheila Hoogeboom Maintenance Supervisor Director of Business www.capecdp.org & Credit Programs Jean Stanley Housing Rehab Program This institution is an equal opportunity provider and employer. Moira Noonan-Kerry Manager Director of Development & Marketing Mary Jane Yeomans Housing Rehab Program Judith Valverde Bookkeeper/Clerk Fiscal and Operations CDP ANNUAL REPORT CREDITS Director Writer: Moira Noonan-Kerry Photography: Abigail Chapman, Cape Cod Commercial Fishermen’s Alliance Design: Vervaine Design Studio, Inc.
Provincetown Board of Selectmen AGENDA ACTION REQUEST Monday, June 08, 2015 4B
JOINT MEETING – PLANNING BOARD Zoning Bylaw and General Bylaw Amendments with Report from Town Planner
Requested by: Town Planner Gloria McPherson Action Sought: Discussion
Proposed Motion(s)
Discussion dependent – votes may be taken.
Additional Information
See attached memo.
Board Action
Motion Second In favor Opposed Disposition
______
To: Board of Selectmen Planning Board Town of Provincetown
From: Gloria McPherson Planning Department Town Planner Community Development Town Hall, 260 Commercial Street Date: June 1, 2015 Provincetown, MA 02657 www.provincetown-ma.gov (508) 487-7020 Subject: Potential Bylaw Amendments
Background
At the regularly scheduled work sessions of the Planning Board on May 14 and May 28, 2015, the Board members discussed several potential Zoning Bylaw and General Bylaw amendments for the upcoming joint meeting with the Board of Selectmen, with the expectation that the two Boards could discuss and agree upon Bylaw amendment priorities for the upcoming year, anticipating proposed amendments will be brought forward at both Fall Town Meeting 2015 and Spring Town Meeting 2016. It was the hope of the Planning Board that in determining priorities, strategic consideration be given to both importance to the community as well as timeframe for preparation of amendments and community outreach for Town Meeting.
Discussion
Below is an updated list of Planning Board-identified potential changes/additions to the Zoning Bylaw and General Bylaws:
Zoning Bylaw amendments:
1. Inclusionary Housing Bylaw • Applicable to any increase in number of housing units in a project • Partial payments-in-lieu of creating partial units (determination of average cost of a unit annually by assessor?) • Incentive zones (amend Zoning Map)
2. Urban Agriculture • Chickens • Beekeeping • Community Gardens • Edible landscaping • Municipal Composting
3. Food Trucks • Only allowed after 9 or 10 pm; and/or • Only located off Commercial Street; and/or • Farmer’s Market Saturday, Food Trucks Sunday (same location); and/or • Food Truck Festival • Amend definition of “Outdoor Food Dispensing Machine” • Work on definitions of and standards for Outdoor Vending/Flea Markets/Outside Display/Outdoor Bazaars in general
4. Curb Cut Standards/Regulations • Reviewed by PB • Threshold for Site Plan Review • Parking in front setback • Landscaped buffers
5. Requirement for cell providers to increase coverage at the airport and Seashore, not just improve existing service • (check with FCC if that is possible)
6. Site Plan Design/Performance Standards • Bike rack requirement • Outdoor private space requirement for multiple residences on a lot • Better buffers • Meaningful green space (30% requirement can often be made up with just the setbacks) • Requirement for electric vehicle charging stations with parking lots of greater than # spaces or certain commercial uses • Revise SPR application form
General Bylaw amendments:
1. Removal of Snow and Ice on Sidewalks
2. Renewable Energy Bylaw • Wind • Solar • Joint meeting with Energy & Environment Committee
3. Conservation Easements rather than Restrictions for open space • Joint meeting with ConCom
4. Outdoor Lighting Bylaw • Dark Sky standards • Joint meeting with HDC
Provincetown Board of Selectmen AGENDA ACTION REQUEST Monday, June 08, 2015 5
BOARD OF SELECTMEN APPOINTMENT Requested by: Town Clerk Action Sought: Approval
Proposed Motion(s)
None
Additional Information
Board Action
Motion Second Yea Nay Abstain Disposition
______
Provincetown Board of Selectmen AGENDA ACTION REQUEST Monday, June 08, 2015 6A
PROVINCETOWN SCHOOLS SCULPTURE GARDEN
PROJECT PRESENTATION Requested by: Provincetown Schools Action Sought: Discussion
Proposed Motion(s)
Discussion dependent – votes may be taken.
Additional Information
Provincetown Schools has been offered the gift of a sculpture garden for the front lawn of the Provincetown High School building on Winslow Street. In partnership with community art institutions such as PAAM and the FAWC, large sculptures would be on long term loan to the garden. Landscape alterations would accommodate the installations and create an out door classroom space. The gift has been accepted by the PSC by a 4-0-0 vote.
See attached project description
Board Action
Motion Second In favor Opposed Disposition
______
Provincetown Board of Selectmen AGENDA ACTION REQUEST Monday, June 08, 2015 6B
MONTHLY POLICE REPORT FOR MAY 2015 Requested by: Acting Police Chief Jim Golden Action sought: Discussion and Approval
Proposed Motion(s)
Discussion Dependent – votes may be taken.
Additional Information
Police Report attached.
Board Action
Motion Second Yea Nay Abstain Disposition
Provincetown Board of Selectmen AGENDA ACTION REQUEST Monday, June 08, 2015 6C
UPDATE ON PROPOSED PROJECT 350 Bradford Street, Provincetown, MA
Requested by: Town Planner Gloria McPherson Action Sought: Discussion
Proposed Motion(s)
Discussion dependent – votes may be taken.
Additional Information
See attached memo.
Board Action
Motion Second In favor Opposed Disposition
______
To: Board of Selectmen Town of Provincetown From: Gloria McPherson Town Planner Planning Department June 3, 2015 Community Development Date: Town Hall, 260 Commercial Street 350 Bradford Street Update Provincetown, MA 02657 Subject: www.provincetown-ma.gov (508) 487-7020
Background
On Wednesday, May 20, Greg Watson, Manager of the Comprehensive Permit Programs at MassHousing, reached out to the Provincetown Town Planner and the Cape Cod Commission to set up a conference call with the project proponent for the redevelopment of the 350 Bradford Street property, in order to discuss elements of the project design that factor into MassHousing’s review and determination of project eligibility.
Discussion
On Friday May 22, a conference call took place with Greg Watson, Manager of Comprehensive Permit Programs at MassHousing, Mike Busby, Chapter 40B Project Coordinator at MassHousing, Jon Idman, Chief Regulatory Officer at the Cape Cod Commission, Jeffrey Ribeiro, Regulatory Officer at the Cape Cod Commission, and the Provincetown Town Planner and Acting Assistant Town Manager, regarding site approval/project eligibility for the proposed 40B project at 350 Bradford Street.
Initial discussion by the Town Planner included: • Description of the topography and natural features of the site and concerns surrounding the proposed excavating, de-vegetating and re-grading the steep, sandy slope • Uncertainty of the sewer hook-up and how it will ultimately impact site design if a septic system is required, as the existing system is located under proposed building; currently there is no additional sewer capacity to support the proposed number of bedrooms, although the town is seeking permission from the DEP for final phase sewer expansion which will add 100,000 gallons of capacity. If the sewer is allowed to expand, it seems likely that local policies regarding sewer connections could be overridden through the 40B process, although it is not entirely certain since the sewer was created by special legislation at the state level and the Town has to comply with State permitting requirements (not entirely under local control).
The majority of the discussion over the next hour centered on the proposed design of the structure as it relates to the Department of Community Development’s Handbook: Approach to Chapter 40B Design Reviews. These Design Review Guidelines are the regulatory criteria that form the basis for the findings that MassHousing has to make in order to issue a Project Eligibility Letter, and include building typology, massing and scale, height, building setbacks, streetscape, façade articulation and treatment, and how well these design elements address the context of the surrounding neighborhood and the town as a whole.
Things that were identified by MassHousing as not a concern relative to Site Approval: • Appropriateness of the site for housing • Proposed density (number of dwelling units) of the project on the site • Height, provided that the flat roof is replaced with more traditional gable roofs, the maximum height of the peaks no higher than the proposed flat roof
In addition to pursuing a design that incorporated vernacular roof forms, MassHousing, The Cape Cod Commission and the Town Planner provided examples of how to address the deficiencies of the design as it related to the Design Guidelines and respond better to adjacent uses, including breaking the single large structure into multiple smaller structures, de-massing the structures into smaller sections through the use of breaks in the roofline and façade, articulating the façade in a way that reflects the verticality of the vernacular architecture in town rather than the broad horizontal feel of the structure, eliminating excessive glazing and using fenestration patterns more in keeping with Cape Cod vernacular architecture, using traditional materials in traditional ways, bringing buildings closer to the street to reflect the typical street enclosure within Provincetown, and respecting the pedestrian scale of the streetscape.
The developer was willing to work on and submit a revised design that addressed the concerns and suggestions of MassHousing, the Cape Cod Commission and the Town of Provincetown. There was a discussion regarding the level or extent of work to be done by the applicant to prove that he has satisfied the DHCD design criteria, with MassHousing acknowledging that a new set of fully engineered drawings would be an excessive request at this phase of the process. There was general agreement that conceptual drawings, showing the direction that the project was going, would be acceptable, although the developer expressed the concern that people would base new objections on conceptual plans that haven’t been fully developed through the public process.
At this point, following inquiry, the Acting Assistant Town Manager stated that the town intends to claim the 1.5% safe harbor as stated in the comment letter from the Board of Selectmen. From the developer’s perspective, this adds a layer of uncertainty to the 40B process, as the threat of safe harbor would increase the risk for him and potential funding sources. The conference call ended with the developer stating that he would evaluate all his options for the redevelopment of the site.
Analysis
Project Eligibility Letter
On Tuesday June 2, the Town Planner had a follow-up phone conference with Greg Watson and Mike Busby to discuss and clarify MassHousing’s position on Site Approval. They had talked internally with their executive department, as well as other subsidizing agencies, and stated that in order to issue a Project Eligibility Letter, they will need to see a revised design that is trending in a direction that is in keeping with findings that they need to make based on DHCD Design Review Guidelines. As the design stands currently, they do not believe site approval is possible.
The applicant had requested a PEL with conditions, but MassHousing has determined that it cannot issue a letter without findings, and in order to make findings, they first have to see a design that is more responsive to their requirements and to adjacent uses. MassHousing did note that they have worked with the developer before and that he has been responsive to their requests and has done affordable housing in other towns.
An interesting note, the person at MassHousing who will ultimately sign off of the design so a PEL can be issued (Deborah Goddard, previously General Counsel at DHCD), actually wrote the Guidelines. Ms. Goddard said she would be satisfied with conceptual renderings and line drawings that show the design is developing in the right direction. The project proponent intends to submit revised drawings to Provincetown and MassHousing next week, understanding that he receives a PEL and the 40B application moves forward, he will be doing additional iterations while working through the public hearing process to develop a plan that works for the community.
1.5% Safe Harbor
Preliminary numbers show that Subsidized Housing Inventory (SHI) eligible units are located on 1.8% of the developable land in town, although this number is currently not adequately documented. Town staff is in the process of evaluating what would be considered required criteria for documentation of the calculation for a claim of 1.5% safe harbor.
Guidelines were issued by the DHCD in 2002, “Guidance for Interpreting 760 CMR 31.04(2), Computation of Statutory Minima pursuant to MGL c. 40B General Land Area Minimum” that address some issues surrounding the calculation and documentation, but because they are only guidelines, because of their age, and because there are cases pending that may interpret them or conceivably even overrule parts of them, we recognize that they should be used with care and only to provide general guidance.
The town is also in receipt of recent Decisions on Grounds for Denial of Comprehensive Permit Application from the DHCD, where they concluded that the municipalities did not meet the burden of proof in their assertion that denying a 40B would be consistent with local needs based on their claim of the 1.5% safe harbor. These denial letters to other towns are helpful, in as much as they describe some of the documentation that may have been missing in the land area calculations.
Some of the necessary supportive documentation that the DHCD was looking for that they identified in those letters includes: • Identification of the permitting mechanisms or restrictions applicable to individual sites that support their exclusion • Full specification the proportion of the site areas that are occupied by SHI eligible units, including impervious and landscaped areas directly associated with the SHI units
The 1.5% safe harbor claim essentially allows a municipality to deny a 40B project without a review process by the ZBA because that denial would be deemed to be consistent with local affordable housing needs. This is available to towns that haven’t achieved 10% of the housing stock being affordable, as is mandated by the state, as long as the affordable units occupy 1.5% of the total developable land area in town.
It can make sense for a municipality to use a safe harbor in order to have the ability to deny an inappropriate 40B application if the town has tried to worked with an applicant to make a better project but the applicant is unresponsive to the needs of the community. In this respect, most would say that the safe harbor affords the town more “local control.” Unfortunately, safe harbor has to be claimed within 15 days of receipt of a 40B application, which does not give adequate time to review the proposal through a public hearing process or negotiate with the project proponent.
This ability to deny affordable housing proposals would not come without disadvantages. The safe harbor has the potential to discourage other 40B applications. If Provincetown has a goal of and commitment to affordable housing production, 40B is the easiest way to get affordable units at no financial cost to the town and without the long waiting period for approval of state and federal tax credits. What distinguishes Chapter 40B housing from other affordable housing programs is that there is no subsidy or state/municipal budget allocation. Instead, the cost of the affordable units has to be absorbed by the developer as part of the overall financing of the project. The market rate units in the development have to make up for the difference since the affordable units must be rented or sold below their market value.
MassHousing recognizes this potential to discourage other 40B applications, including those that would be appropriate for the town. Per discussions and emails with MassHousing, while there are no specific programs that would exclude a Town from grant funding for having asserted it's compliance with the 1.5% land area statutory minima, municipalities are considered to have stronger applications if they can demonstrate a commitment to affordable housing, and the Town would be considered less competitive in grant applications. For instance, if Provincetown were pursuing a MassWorks proposal for a project, the most competitive projects are the ones that either incorporate housing or at least show that the town has an ongoing commitment to housing elsewhere in town. (The MA Department of Housing and Economic Development administers MassWorks, multiple grant programs lumped into one big pot for infrastructure, downtown improvements, streetscape improvements, complete streets projects.) In applying for State housing tax credits, MassHousing takes a similar look at the town’s commitment to affordable housing development, since these programs are very competitive.
350 Bradford Street site development possibilities and permitting without 40B
Zoning, through statue and at the municipal level, tends toward eliminating non-conforming uses that are not permitted in a zoning district. The restaurant use on this site is a pre-existing, non-conforming use. Once a non-conforming use is abandoned or discontinued for a period of two years, the use ceases to exist and it cannot be reestablished. The restaurant use will expire in January 2016. Once this use no longer exists, ZBL Section 4170, Change of Use/Non-Residential to Residential Use Conversions, which requires the provision of 20% affordable units to a use conversion resulting in more than 4 dwelling units, will no longer apply to the site, meaning that any housing proposal would not be required to have an affordability component.
Under Sections 2550 and 4120 of the Zoning Bylaw, the area of the site supports 13 dwelling units within up to 7 separate structures. With more than 3 dwelling units, an applicant would need to apply to the Planning Board for Site Plan Review and a Special Permit.
A Neighborhood Scale Calculation shows that the maximum volume allowed for a structure on the parcel is 24,455.07 cubic feet. If the dwelling units are broken down into 6 duplexes and one single-family, it is likely that the individual structures can be designed to stay within the scale limit and therefore not require a Special Permit from the ZBA for a scale deviation.
The assigned Title V flow to the site is enormous at 7000 gallons, because of the prior restaurant use. Existing flow can be reused without going through Growth Management for any allowable use on a site. Because this flow supports 63 bedrooms, ZBL Article 6, Growth Management, is not applicable to a residential project on the site that proposes 63 bedrooms or fewer. 63 bedrooms averages out to 4.84 bedrooms per unit in a 13 unit development.
Summary
40B has the potential to be a useful tool to get affordable dwelling units built quickly and at no cost to the Town.
The current 40B proposal for 350 Bradford Street does not meet the design criteria set out by the DHCD and, therefore, MassHousing will not issue a Project Eligibility Letter until the applicant submits revised renderings showing the design is more responsive to their requirements and adjacent uses.
MassHousing, the Cape Cod Commission and the Town have worked with the project proponent in good faith to develop this proposal into a form that respects the character of the neighborhood and the community, and are anticipating the receipt of revised renderings next week.
The Town appears to have met the 1.5% land area statutory minima, although it has not been adequately documented at this time by the Town. Documentation criteria are being evaluated by staff.
The threat of an up-front denial of a 40B proposal through the claim of safe harbor adds considerable risk for both the developer and potential funding sources for any proposed 40B project in town.
Claiming safe harbor may discourage other 40B applications, even ones that may be appropriate for the Town, and the public-private partnerships for affordable housing development that the Town actively seeks.
Claiming safe harbor may make the Town less competitive in state grant funding.
This particular site has good development potential without 40B, since there will be no requirement to provide affordable units or go through Growth Management or, after Jan 2016, to provide affordable units.
Provincetown Board of Selectmen AGENDA ACTION REQUEST Monday, June 08, 2015 6D
LOCAL COMPREHENSIVE PLAN Makeup of the Local Planning Committee
Requested by: Town Planner Gloria McPherson Action Sought: Discussion/Recommendations
Proposed Motion(s)
Discussion dependent – votes may be taken.
Additional Information
See attached memo.
Board Action
Motion Second In favor Opposed Disposition
______
To: Board of Selectmen Town of Provincetown From: Gloria McPherson Town Planner Planning Department June 2, 2015 Community Development Date: Town Hall, 260 Commercial Street Local Planning Committee Provincetown, MA 02657 Subject: www.provincetown-ma.gov (508) 487-7020
Background
At the May 11th meeting of the Board of Selectmen, the Board members requested that they be provided with a list of Town Committees and Boards from which it is recommended that they should nominate members to serve on the Local Planning Committee for the Local Comprehensive Plan. The Board members also requested that other stakeholders and potential at-large members be identified.
Discussion
At the regularly scheduled work sessions of the Planning Board on May 14 and May 28, 2015, the Board and the Town Planner discussed the make-up of the Local Planning Committee. All parties agreed that the best product would result from broad representation from many Boards and Committees, as well as members of the community.
Ryan Campbell and Jim Woods volunteered to be the Planning Board representatives on the Local Planning Committee.
Below is a list of other Town Boards and Committees that the Town Planner and the Planning Board recommend should be included in the planning process, as either providing a member to the LPC ad hoc committee, or as a group that will likely be asked to provide a liaison to the LPC from time to time, as well as staff members deemed to be important liaisons to the process.
Ad hoc Local Planning Committee Members
It is recommended that there be a member of the ad hoc Local Planning Committee appointed from each of the following seventeen Boards and Committees:
Art Commission Bicycle Committee Building Committee Community Housing Council Conservation Commission Council on Aging Cultural Council Harbor Committee Board of Health Historical Commission and/or Historic District Commission Open Space Committee Public Pier Corp Recycling and Renewable Energy Shellfish Committee Visitor Services Board Water and Sewer Board Zoning Board of Appeals
To represent the business community, it is recommended that each of the following groups appoint a member to the LPC:
PBG Chamber of Commerce
It is also recommended that three to five at-large members from the community not represented in other categories above be appointed to the LPC, as well as a member from the Part Time Resident Taxpayers Association.
Local plan Committee Liaisons
The following Boards and Committees are requested to nominate a member to be a liaison to the LCP:
Airport Commission Animal Welfare Committee Assessors Beautification Committee Cemetery Commission School Committee Disability Commission Housing Authority
Recommended Town Staff liaisons to the LPC
DPW staff member Police, Fire and/or Emergency services representative Health Agent Conservation Agent Parking Administrator Harbormaster Housing Specialist Tourism Director
Local Plan Committee Responsibilities and Time Commitment Involved
1. Visioning and Goals Forum • 2-3 meetings over the course of 2 months • 2 days of public forum meetings
Once the Board of Selectmen has appointed a Local Planning Committee, the LPC will begin to work with residents and the Town Planner in a visioning and goal setting process. The Committee may decide to build upon the community visioning that was done during the DART process in November 2014, and will determine the methods of outreach and any data gathering for the visioning (ie, perhaps a survey). A community-wide visioning charrette will be held, facilitated by the Town Planner (potentially an outside planning facilitator?) with assistance from the LPC.
2. Goals and Policies Work Sessions • 2 meetings per month over the course of 2-3 months
The LPC will meet with the Town Planner in work sessions to integrate the information from the Community-wide visioning. This process will establish the framework of the Plan, identify any additional chapters beyond those required by statute that will be included, and develop specific Goals and Policies for the Plan.
3. Comprehensive Plan Chapter Forums • 2-3 meetings per chapter over the course of 2 months; each meeting to be attended by a designated subgroup of the LPC for the particular chapter • 1 public workshop per chapter, with LPC subgroup for that chapter
The LPC will be broken down into workgroups, one for each chapter of the Plan. Workgroups will work with residents and the Town Planner to develop a framework for each individual chapter. The LPC workgroups and the Town Planner will hold a series of community forums and workshops to get feedback regarding the content and direction of each chapter of the Plan. This task will entail a significant public involvement process to develop, articulate and visualize future scenarios for the Town, and develop a general consensus around priorities and objectives for each chapter.
4. Comprehensive Plan Chapter Work Sessions • 1 meeting per month over the course of 10-12 months; each meeting to be attended by the designated subgroup of the LPC for the particular chapter
The workgroups will work with the Town Planner, town staff, the Cape Cod Commission, LPC liaisons and others as necessary to gather background information, analyze data, produce maps, etc… and to write the plan chapters during this time period. Work sessions will be important to review work done, fill in gaps, identify outside people who can assist, assign new tasks, and evaluate progress.
5. Public Outreach • ongoing
The public outreach process is extremely important to the creation and implementation of the Plan and it is important that all forums be well-advertised to reach residents and other stakeholders who have until now been unable to participate in or unaware of earlier planning initiatives. Outreach to Provincetown residents and non-resident taxpayers, business owners and employees, public officials and community leaders is a vital part of the success of this process. The LPC will be participating in the outreach component of this project on an ongoing basis. The Town Planner will be responsible for providing updates to the Board of Selectmen on a regular basis.
Provincetown Board of Selectmen AGENDA ACTION REQUEST
Monday, June 08, 2015 6E
Rent Schedule Compliance Province Landing, 90 Shank Painter Road
Requested by: Province Landing Action Sought: Approval
Proposed Motion(s)
MOVE that the Board of Selectmen vote to accept Province Landing LP’s 2015 rent schedule as in compliance with the affordability commitments for rental units at 90 Shank Painter Road.
Additional Information
See attached request from the Property Manager John Economos along with the description of the current rents, the proposed rents, & the maximum rents allowed. All rents are less than the maximum allowed. This amounts to approximately 2% per year increase for the last 18 months. Property Manager John Economos will be present to answer any questions.
Board Action
Motion Second In favor Opposed Disposition
Provincetown Board of Selectmen AGENDA ACTION REQUEST Monday, June 08, 2015 6F
PROCLAMATION David W. Dunlap Day Requested by: Board of Selectmen Action Sought: Approval
Proposed Motion(s)
Move that the Board of Selectmen vote to proclaim Monday, June 15, 2015 as David W. Dunlap Day in the Town of Provincetown.
Additional Information
See attached Proclamation.
Board Action
Motion Second Yea Nay Abstain Disposition
______PPRROOCCLLAAMMAATTIIOONN
Be It Hereby Proclaimed by the Provincetown Board of Selectmen that;
WHEREAS, David W. Dunlap has been a visitor to Provincetown since 1989; and
WHEREAS, he has traversed every street, path and byway of the Town by foot, every inch by air, and the coast by boat; and
WHEREAS, he interviewed countless residents, took innumerable photographs of houses and the built environment of the Town, and scoured every existing resource in the Town’s archives; and WHEREAS, he donated his written work and countless hours of research in a book entitled Building Provincetown to the Town so the Town could publish the book, with the proceeds to go to the Historical Commission Gift Fund; and
WHEREAS, he has created a lasting and important historical resource;
NOW, THEREFORE, the Board of Selectmen in the Town of Provincetown, in the County of Barnstable of the Commonwealth of Massachusetts, does hereby proclaim
MONDAY, JUNE 15, 2015 as DAVID W. DUNLAP DAY in the Town of Provincetown
The Honorable Board of Selectmen
Tom Donegan, Chairman Erik Yingling, Vice Chair
Cheryl Andrews Raphael Richter
Robert Anthony
ATTEST: Acting Town Manager David Gardner Provincetown Board of Selectmen AGENDA ACTION REQUEST Monday, June 08, 2015 6G
PROCLAMATION Senior Citizens of the Year 2015 Requested by: COA Director, Chris Hottle Action Sought: Approval
Proposed Motion(s)
Move that the Board of Selectmen vote to proclaim Thursday, June 18, 2015 as Josephine Del Deo and Salvatore Del Deo Day in honor of their being selected as the Council on Aging Senior Citizens of the Year for 2015.
Additional Information
See attached Proclamation.
Board Action
Motion Second Yea Nay Abstain Disposition
______PPRROOCCLLAAMMAATTIIOONN
Be It Hereby Proclaimed by the Provincetown Board of Selectmen that;
WHEREAS, the Town of Provincetown takes pride in honoring its senior citizens; and WHEREAS, the Provincetown Council on Aging annually sets aside a day of celebration in a festive observance of the Senior of the Year; and WHEREAS, Josephine and Salvatore (Sal) Del Deo have made significant contributions to our community in the areas of education, preservation and the arts, and have set an example for residents of all ages in their civic engagement; and WHEREAS, Josephine and Sal have accomplished all of this with an enduring love of Provincetown, preserving its past and building its future; and WHEREAS, Josephine and Sal are vital threads in the beautiful tapestry that is Provincetown and truly exemplify the “Spirit of Positive Aging”; NOW, THEREFORE, the Board of Selectmen in the Town of Provincetown, in the County of Barnstable of the Commonwealth of Massachusetts, does hereby proclaim
THURSDAY, JUNE 18, 2015 as JOSEPHINE & SALVATORE DEL DEO DAY in the Town of Provincetown
and encourages our citizens to express their gratitude, pride and continued support of Josephine and Sal and to pay tribute to them on this day in appreciation of their commitment to the well-being of this community. The Honorable Board of Selectmen
Tom Donegan, Chairman Erik Yingling, Vice Chair
Cheryl Andrews Raphael Richter
Robert Anthony
ATTEST: Acting Town Manager David Gardner Provincetown Board of Selectmen AGENDA ACTION REQUEST Monday, June 08, 2015 6H
PROCLAMATION David McGlothin Requested by: Board of Selectmen Action Sought: Approval
Proposed Motion(s)
Move that the Board of Selectmen sign the Proclamation congratulating David McGlothin as being named by the Massachusetts Board of Education through the Gilder Lehrman Institute of American History as the “Massachusetts 2015 History Teacher of the Year”.
Additional Information
See attached Proclamation.
Board Action
Motion Second Yea Nay Abstain Disposition
______PPRROOCCLLAAMMAATTIIOONN
Be It Hereby Proclaimed by the Provincetown Board of Selectmen that;
WHEREAS, David McGlothlin has been a teacher in the Town of Provincetown since 2006; and WHEREAS, his use of primary documents in the classroom, the level of inspiration he has provided to his students and his career achievements in education have become well known; and WHEREAS, in celebrating the outstanding work that David has done in his classrooms he has been presented by the Massachusetts Board of Education through the Gilder Lehrman Institute of American History by a panel of teachers, administrators, and scholars from the state of Massachusetts with the honor of being named the “Massachusetts 2015 History Teacher of the Year;” and WHEREAS, this honor has also extended to the Provincetown Schools who will be named a Gilder Lehrman Affiliate School; such schools receive invitations to regional forums with noted historians, access to an exclusive section of their web site with extensive teacher resources such as lesson plans, toolkits, and primary source documents to use in the classroom, priority access to Teacher Seminars and traveling exhibitions, discounts to the online store, and free mailings of classroom materials; NOW, THEREFORE, the Board of Selectmen in the Town of Provincetown, in the County of Barnstable of the Commonwealth of Massachusetts, does hereby extend congratulations to DAVID MCGLOTHLIN On being named Massachusetts 2015 History Teacher of the Year
The Honorable Board of Selectmen
Tom Donegan, Chairman Erik Yingling, Vice Chair
Cheryl Andrews Raphael Richter
Robert Anthony
ATTEST: Acting Town Manager David Gardner
Provincetown Board of Selectmen AGENDA ACTION REQUEST Monday, June 08, 2015 7A
FOLLOW-UP Liaison Appointments Requested by: Acting Town Manager David Gardner Action Sought: Discussion
Proposed Motion(s)
Discussion Dependent – votes may be taken.
Additional Information
Board Action
Motion Second Yea Nay Abstain Disposition
______
Provincetown Board of Selectmen AGENDA ACTION REQUEST Monday, June 08, 2015 7B
TOWN MANAGER SEARCH MATTERS
Requested by: Acting Town Manager David Gardner Action Sought: Discussion
Proposed Motion(s)
Discussion Dependent – votes may be taken.
Additional Information
Board Action
Motion Second Yea Nay Abstain Disposition
______
Provincetown Board of Selectmen AGENDA ACTION REQUEST Monday, June 08, 2015 7C
OTHER Requested by: Acting Town Manager David Gardner Action Sought: Discussion
Proposed Motion(s)
Discussion Dependent – votes may be taken.
Additional Information
Board Action
Motion Second Yea Nay Abstain Disposition
______
Provincetown Board of Selectmen AGENDA ACTION REQUEST Monday, June 08, 2015 8
MINUTES OF BOARD OF SELECTMEN’S MEETINGS
Requested by: BOS Secretary Action Sought: Approval
Proposed Motion(s)
None
Additional Information
Board Action
Motion Second Yea Nay Abstain Disposition
______
Provincetown Board of Selectmen AGENDA ACTION REQUEST Monday, June 08, 2015 9
CLOSING SELECTMENS STATEMENTS Administrative Updates
Requested by: Acting Town Manager David Gardner Action Sought: Discussion
Proposed Motion(s) Motions may be made and votes may be taken. Cheryl Andrews Robert Anthony Raphael Richter Erik Yingling
Tom Donegan
Additional Information
See attached Letter of Thanks to Stephen Rome who resigned from the Licensing Board on June 3, 2015.
Board Action
Motion Second Yea Nay Abstain Disposition
______
Provincetown Board of Selectmen AGENDA ACTION REQUEST Monday, June 08, 2015
EXECUTIVE SESSION MOTION MGL c30A Sec. 21 (a) Clauses 2, 3, 5 & 6 Requested by: Board of Selectmen Action Sought: Discussion Proposed Motion(s)
MOVE that the Board of Selectmen vote to go into Executive Session pursuant to MGL c30A Section 21 (a) Clauses 2, 3, 5, & 6 for the purposes of:
Clause 2 – To conduct strategy sessions in preparation for negotiations with non-union personnel or to conduct collective bargaining sessions or contract negotiations with non-union personnel. Regarding Police Chief Contract Negotiations. Votes may be taken.
Clause 3 – To discuss strategy with respect to litigation if an open meeting may have a detrimental effect on the bargaining or litigating position of the public body and the chair so declares. Former Police Chief Jaran Arbitration/Appeals. Votes may be taken.
Clause 5 – To investigate charges of criminal misconduct or to consider the filing of criminal complaints. Votes may be taken.
Clause 6 – To consider the purchase of, exchange, lease or value of real estate, if the chair declares that an open meeting may have a detrimental effect on the negotiating position of the public body. Potential Sale of Property located at 311 Bradford Street. Votes may be taken.
and not to convene in open session thereafter.
Roll Call Vote: Tom Donegan: Erik Yingling: Cheryl Andrews: Raphael Richter: Robert Anthony:
Additional Information
Board Action
Motion Second Yea Nay Abstain Disposition