5 BOARD OF SELECTMEN OFFICE OF THE TOWN AGENDA ACTION REQUEST ADMINSTRATOR Meeting Date: January 16, 2019
EXECUTIVE SESSION
REQUESTED BY: Board of Selectmen DESIRED ACTION: Enter in Executive Session based on G.L. c. 30A, §21(a)(6) PROPOSED MOTION: Alan McClennen: I move to adjourn the public meeting at ______and enter in executive session for the following reasons:
6. Pursuant to G.L. c. 30A, §21(a) (6) To consider the purchase, exchange, lease or value of real property if the chair declares that an open meeting may have a detrimental effect on the negotiating position of the public body;
The board will reconvene in public session after the executive session.
Roll Call Vote.
VOTED: McClennen ____ Runyon _____ Galligan ______
Mathison ______Currier ______BOARD OF SELECTMEN OFFICE OF THE TOWN AGENDA ACTION REQUEST ADMINSTRATOR Meeting Date: January 16, 2019
MINUTES
REQUESTED BY: Elise Zarcaro & Jennifer Clarke DESIRED ACTION: Approval of meeting minutes PROPOSED MOTION: I move to approve the Executive Session minutes of December 19, 2018 as printed/as amended. I move to approve the minutes of December 19, 2018 as printed/as amended. I move to approve the minutes of January 2, 2019 as printed/as amended. ACTION TAKEN: Moved By: ______Seconded By: ______Condition(s):
VOTED: Yea _____ Nay______Abstain ______Orleans Board of Selectmen December 19, 2018
ORLEANS BOARD OF SELECTMEN DECEMBER 19, 2018 DRAFT
A meeting of the Orleans Board of Selectmen was held on Wednesday, December 1, 2018 in the Nauset Room of the Orleans Town Hall. Present were Chairman Alan McClennen, Vice Chairman Mefford Runyon, Clerk Kevin Galligan, Selectman Mark Mathison, Selectman David Currier & Town Administrator John Kelly.
Chairman McClennen called the meeting of the Board of Selectmen to order at 5:30 p.m.
Chairman McClennen read the list of agenda items to be discussed in executive session
1. Properties to be discussed: a portion of the Town Hall Annex to Orleans Historical Society and Cape Cod Five Operations Center
On a motion by Mr. Currier and seconded by Mr. Mathison, the Board voted to enter into executive session to consider the purchase, exchange, lease or value of real property and that the Chair declare that an open meeting may have a detrimental effect on the litigating or negotiating position of the body, and to reconvene in open session. The vote was 5-0-0, with Mr. McClennen, Mr. Runyon, Mr. Mathison & Mr. Galligan all voting aye by roll call. The Chair declared that an open meeting may have a detrimental effect on the negotiating position of the body.
Mr. McClennen stated that there is nothing to report in open session from executive session.
6:43 p.m. Public Comment
No public comment was heard.
6:44 p.m. Approval of Minutes a. November 14, 2018
Mr. Mathison moved to approve the minutes of the November 14, 2018 meeting, 2nd by Mr. Runyon and approved 5-0-0.
b. December 5, 2018 (Executive Session)
Mr. Mathison moved to approve the minutes of the December 5, 2018 Executive Session, 2nd by Mr. Runyon and approved 5-0-0.
c. December 5, 2018
Mr. Mathison moved to approve the minutes of the December 5, 2018 meeting, 2nd by Mr. Runyon and approved 5-0-0.
1 Orleans Board of Selectmen December 19, 2018
6:45 p.m. Meet with Affordable Housing Committee, Laura Shufelt of Mass Housing and Community Development Director George Meservey to discuss potential affordable rental housing development
Laura Shufelt from Massachusetts Housing and Community Development Director George Meservey were present.
Mr. Runyon feels that the Select Board should try to agree on long-term affordable housing goals. He hopes that attention is paid to the report that was given last year.
Mr. Meservey stated that Orleans is at approximately 9.1% of the affordable housing goal of 10%. It has been identified that even when the 10% is achieved, it does not address all of the housing need. Using CPC funds in 2017, the town hired a consultant who completed a comprehensive study of the demographics in Orleans and concluded that 1800 housing units are needed. The need for units for young people who grew up in the community and would like to be able to stay, seems to be the most acute need.
Mr. Galligan has been a participant with the Community Housing Institute who has helped public officials understand the ins and outs of what the needs are. He agrees with Mr. Runyon about the need to set goals. He hopes that the Board can vote on goals, set realistic time frames and start the process.
Meet with George Meservey-Discussion on revisiting charge for the Zoning Bylaw Task Force
At their December 5, 2018 meeting, the Board reviewed a revised charge for the Zoning Bylaw Task Force. He reviewed the rolls that the Planning Board and Task Force will have and briefly discussed the amended charge. He is requesting that the Board adopt the policy.
Mr. Currier stated that he is unsure why the terms “expand and clarify” were removed from section 5. Ms. Meservey responded that expansion and clarification are implied in the charge, and didn’t see it necessary to call out definitions in the bylaw, but would be glad to add that language back in.
Mr. Currier moved that the Board of Selectmen adopt the charge for the Zoning Bylaw Task Force policy as amended to include “including expand and clarify definitions” in section 5, 2nd by Mr. Mathison and approved 5-0-0.
6:55 p.m. Final Report-New Police Station Building Committee
Mr. Currier left the room.
Chairman of the Police Department Building Committee, Tom Finan, was present. He presented a final report of the committee and reviewed milestones from November 2014 through December 2018. Mr. Finan presented a budget status as of December 2, 2018. At the moment, there is $72,802.00 of contingency funds available with projected expenses of $32,660.00. There is an expected surplus of around $39,000.00 at the end of this project. Mr. Finan is requesting that the Board vote to sunset the Police Station Building Committee.
2 Orleans Board of Selectmen December 19, 2018
The Board and Mr. Finan reviewed the need for the flashing yellow light on the Route 28 side of the building. It is a plate reader which opens the gate for the police cruisers.
Mr. Galligan thanked Mr. Finan for looking after this project, with compliments to town staff as well. He asked about the possibility of a fake chimney to be placed around the outside duct work. Mr. Finan responded that if you start to enclose the vents, it would affect the venting ability.
Mr. Runyon moved to accept the final report of the Police Station Building Committee and to sunset their service with appreciation and gratitude, 2nd by Mr. Mathison and approved 4-0-0.
7:30 p.m. NSTAR Pole Hearings
Jessica Elder from NStar was present.
a. Pochet Road-to install one 35-foot pole on side of road
Mr. Mathison left the room.
No public comment was heard. The property owner was present in the audience.
Mr. Galligan moved to close the public hearing, 2nd by Mr. Runyon and approved 3-0-0.
Mr. Galligan moved to vote to approve NStar Electric Company’s petition to install 1-35-foot FO Pole in side of road labeled pole#16/5A at Pochet Road in Orleans, MA, in accordance with Plan No. 2281334 dated November 7, 2018, 2nd by Mr. Runyon and approved 3-0-0.
Mr. Mathison returned.
b. Winslow Drive-to install 35 feet of conduit/cable and one hand-hole in the public way
No public comment was heard.
Mr. Galligan moved to close the public hearing, 2nd by Mr. Runyon and approved 4-0-0.
Mr. Galligan moved to vote to approve NStar Electric Company’s petition to install 35 feet of conduit/cable and one handhole in the public way at Winslow Drive in Orleans, MA, in accordance with Plan No. 2281998 dated October 4, 2017, 2nd by Mr. Runyon and approved 4- 0-0.
Mr. Runyon moved to recess as Selectmen and convene as Park Commissioners with Mark Mathison as Chairman, 2nd by Mr. Mathison and approved 4-0-0.
Meet as Park Commissioners with Natural Resources Manager Nate Sears
Natural Resources Manager Nate Sears was present.
3 Orleans Board of Selectmen December 19, 2018
a. Review draft agenda items for subcommittee meeting with Chatham Mr. Sears stated that he met with Bob Duncanson in Chatham two weeks ago to discussion prioritizing items for the agenda. They discussed items such as regulations specific to chase vehicles, definition of fishing on the beach, definition of self-contained vehicles on the beach as well as the ability to share staffing and the term of the Inter Municipal Agreement. Mr. Sears asked Dr. Duncanson to provide a summary of what Chatham would like to have on the agenda. Unfortunately, the information as not submitted in time for the Board’s packets. Mr. Sears informed the Board that he would like to see discussions on chase vehicles, self-contained vehicles and definition of “active” fishing as priority agenda items.
Mr. Kelly added that Dr. Duncanson sent over Chatham’s requested agenda items. He reviewed how staff sharing between the 2 towns would work. Mr. Sears and Mr. Kelly both agree that it is fine for both of the towns to work together, but that staff sharing does not belong in the agreement and can be discussed at staff level.
Mr. Runyon stated that he would be comfortable with a 3-year agreement with the condition that we work towards becoming more automated with tracking the vehicles that go on and off the beach. Mr. Mathison responded that his concern is that the condition of the beach is unpredictable and that we should get the beach stabilized before a permanent tracking structure is put into place, that could be wiped away from one storm. He would be comfortable with moving forward with a 3-year agreement, since both towns know and understand how dynamic the beach is.
Mr. Sears feels that we have a healthy OSV program and do not have some of the major issues that other towns are facing. He would be comfortable with a 3-year agreement at this point.
Mr. Sears will convey to Chatham that Orleans does not have any issues with a 3-year agreement, and that staff sharing is too large of an obstacle at this point.
b. Further review of 2018 Nauset Beach Mobile Food Concessions and possible extension
The Board had asked the Town Administrator to contact the 3 concessionaires that followed the agreement. Comments from all 3 vendors were provided.
Mr. Sears stated that moving forward, the town will have to look at the RFP and try to make any adjustments based on the recommendations from the concessionaires as well as town staff.
If the Board would like to move forward and have 4 vendors next year, the town would have to go out to bid for the 4th vendor. The new lease would have to mirror what is in place for the other 3 vendors. Mr. Kelly stated that at this point, we can work with the vendors and Town Counsel to see if the parties can reach an agreement on any changes made to the contract.
Mr. Runyon moved to authorize the Town Administrator and Natural Resources Manager to begin discussions with Town Counsel with the intention of renewing the 3 vendors contracts for an additional year, 2nd by Mr. McClennen and approved 4-0-0.
Mr. Galligan stated that the plan allows for the additional vendor space and he would like to see us procure for the 4th vendor.
4 Orleans Board of Selectmen December 19, 2018
Mr. Mathison stated that in reviewing comments from staff and the vendors, one item that stood out to him was the obligation to provide power and internet. He knows that there were issues this summer and we need to review whose responsibility it what. Mr. Kelly stated that unless both of the parties can agree, what is in the existing RFP will be what stays in place.
Mr. Runyon noted that the comment that stood out to him from vendors was having better defined menus of exactly what will be served. He feels that the vendors should have assurance. Mr. Kelly stated that staff can discuss this with the vendors, but he is not sure that specific food sales can be restricted.
Mr. Galligan moved to authorize the Town Administrator and staff to issue a procurement for one additional mobile food concession for a one-year contract, with the option for a 2nd year, 2nd by Mr. Runyon and approved 4-0-0.
c. Mike McNamara-Nauset Beach Concert follow up and request for Sept. 2019 concert
President of the Friends of Nauset Beach, Mike McNamara was present. He thanked various Orleans staff for their assistance with the event, and also thanked the sponsors for their support. One of the highlights from the event was that they were presented with a spirit away from the Orleans Chamber of Commerce. He shared other highlights from the festival, that was attended by 2,866 patrons. They were able to raise and donate $20,000.00 to the Town to improve Nauset Beach. The event strongly impacted local tourism and brought revenue into Orleans. Mr. McNamara presented a snapshot of the proposed layout for the 2019 concert.
Mr. Runyon asked if Mr. McNamara is proposing to add food trucks with his proposed plan. Mr. McNamara responded that the food trucks that were present did an amazing job. Even though attendees were notified that coolers could be brought into the event, most came in with the expectation that there would be good. He feels that the more opportunity for people to have food at the event, the better.
Mr. Runyon stated that he would support another year for the event. He asked what the policy would be about having a rain date. Mr. McNamara responded that a proposed rain date would be on Sunday, but that the bands would be prepared to play, even in inclement weather.
Mr. Galligan moved that the Board of Selectmen support year 2 for the Cape Cod Roots and Blues Festival, to be held on September 14, 2018, 2nd by Mr. Runyon and approved 4-0-0.
Mr. Mathison added that this event has the potential to get better and better with each year and it is a model that other people should follow.
Mr. Runyon agreed and stated that the event may encourage small events throughout town.
d. Consider donation of 5’ bronze statue for placement at Eldredge Field
Mr. Kelly stated that he has the ability to accept gifts on behalf of the Board and town but has never had a statue donated before, so he thought it best that he brings it before the Board. Attorney Ben Zehnder has spoken with the Orleans Firebirds to see if they would like to be involved with the placement of the statue.
5 Orleans Board of Selectmen December 19, 2018
Mr. Runyon moved to accept the donation of the 5’ bronze statue “The Catch” for placement at Eldredge Field and direct the Town Administrator to take the next step to have further discussions on the placement and any other process requirements to transfer the state to the town, and that the Town Administrator will follow up with the Board to discuss and vote on the final placement of the statue, 2nd by Mr. McClennen and approved 4-0-0.
Mr. Galligan informed the Board that the Orleans Athletic Association is putting together a plan to replace the score board at Eldredge Field and this will be put on an upcoming agenda for discussion.
Mr. McClennen moved to adjourn as Park Commissioners and reconvene as Selectmen, 2nd by Mr. Runyon and approved 4-0-0.
7:15 p.m. Change of Manager for Hang Ten Inc. d/b/a Old Jailhouse Tavern
Mr. Mathison moved to approve the request for a change of manager from Mark J. Powers to Michael J. McNamara on the current annual All Alcoholic Beverages Common Victualler’s Liquor license held by Hang Ten, Inc. dba Old Jailhouse Tavern, located at 28 West Road, subject to approval by the Alcoholic Beverage Control Commission and receipt of a favorable report from the Criminal History System Board, 2nd by Mr. Runyon and approved 4-0-0.
Consider a half-day (4 hours) early closing of non-public safety facilities on Christmas Eve
Mr. Runyon moved to approve the request to consider a half-day (4 hours) early closing of non-public safety facilities on Christmas Eve, 2nd by Mr. Galligan.
Mr. McClennen feels that it would be counterproductive to require employees to come in for 4 hours, when most are not going to realize that town hall is open. He would like to see all non- public safety faculties closed for a full day on Monday. The closure would be posted in the newspapers, on the website and on signs.
Mr. Runyon moved to withdraw his motion, 2nd by Mr. Galligan.
Mr. Runyon moved that all non-public safety facilities be closed all day on Monday, December 24, 2018, 2nd by Mr. Mathison and approved 4-0-0.
Temporary Closing-Nauset Grill-1/1/19-3/1/19
Mr. Galligan moved to allow the temporary closing of Nauset Grill from January 1 – March 1, 2019, 2nd by Mr. Runyon and approved 4-0-0.
Further discussion on Tedd’s Garage property-zoning and licensing issues
Mr. McClennen reminded his fellow members that the Board elected not to renew this license at their last meeting. As a follow up to last week’s discussion, Mr. Kelly met with Town Counsel and Mr. Meservey to review the concerns raised regarding the above referenced property. He
6 Orleans Board of Selectmen December 19, 2018 reviewed what the statute states with respect to the auto class II license requirements. Mr. Kelly is recommending to schedule a show cause hearing on January 2, 2019 to discuss the license.
Mr. Runyon moved to schedule a show cause hearing on January 2, 2019 to provide an opportunity for the owner of the property Ted Klinefelter, Inc. dba Down Cape Auto Sales, located at 142 Cranberry Highway to provide the Board with evidence that this property is principally being used to buy and sell used cars, 2nd by Mr. Mathison and approved 4-0-0.
Ted Klinefelter was present in the audience and asked if the vehicles on the property will be considered illegal on January 1, 2019. Mr. Kelly assured Mr. Klinefelter that they will not be considered illegal on January 1, and that no action will be taken until after the January 2, 2019 show cause hearing.
8:30 p.m. Town Administrators Report
No Town Administrator’s Report was given.
Mr. McClennen asked if Mr. Kelly has seen or heard any additional information from the National Seashore. Mr. Kelly responded that as of today, he has no update for the Board.
Mr. Galligan asked if Mr. Kelly has an update on the commitment from Eversource to relocate transmission lines by the end of the year. Mr. Kelly responded that the Conservation Commission believes that Eversource is showing a good faith effort to complete all work.
Liaison Reports
No liaison reports were given.
Items for future agendas
Mr. Galligan stated that due to previous emission problems with Volkswagen, the state as part of a settlement, will be offering grants geared towards cleaner transportation, specifically electric vehicle charging stations. He feels that the town should start looking at these and have us ready to be in the position to apply for the grants.
Mr. Currier asked when DPW Director Tom Daley would be in to discuss water rates, as previously discussed and requested by the Board. Mr. Currier was expecting a presentation and discussion on the tiered water rate structure. Mr. Kelly responded that the proposed water rate increase for next year is 3.5% and he will not have information on the asset management water structure until may.
Due to issues with possible mis-information and short staffing in a town department, Mr. Currier would like to see us actively move forward with the creation of an ombudsman in Orleans. This mis-information has affected Mr. Currier financially, and he would have planned his project differently. Mr. Kelly asked which department Mr. Currier was referring to. Mr. Currier responded that it is the Building Department. Mr. Kelly stated that the Building Department has a vacant building assistant position, which has been advertised. Mr. Currier believes that an ombudsman could have prevented the situation that he is in.
7 Orleans Board of Selectmen December 19, 2018
Mr. Currier feels that it would be helpful to have a list of all of the town owned properties, if we want to try and reach our affordable housing mark. Mr. Kelly responded that Mr. Meservey has a list and he will resend it to the Board.
Mr. McClennen stated that the next meeting is scheduled for January 2, 2019 and that on January 16, 2019, the budget and Capital Improvement Plan will be presented.
Mr. Currier and Mr. Runyon inquired about Skyping into meetings. Mr. Kelly responded that a training session can be scheduled.
Adjourn
Mr. Currier moved to adjourn at 8:41 p.m., 2nd by Mr. Runyon and approved 5-0-0.
Respectfully Submitted, Jennifer Clarke ______Kevin Galligan, Clerk Documents in 12.19.18 Packet 1. December 19, 2018 Agenda. 2. EXECUTIVE SESSION: Orleans Historical Society letter dated March 7, 2018. 3. EXECUTIVE SESSION: Orleans Historical Society Primary Division Sketch dated February 5, 2018. 4. EXECUTIVE SESSION: Portion of 139 Main Street Orleans, MA dated November 23, 2018. 5. EXECUTIVE SESSION: Session Law – Acts of 2016 Chapter 306 6. EXECUTIVE SESSION: MGL Chapter 30B Section 16 7. EXECUTIVE SESSION: Cape Cod Five Cent Savings Bank 19 West Road, Orleans, MA dated August 31, 2018. 8. Draft Minutes dated November 14, 2018. 9. EXECUTIVE SESSION: Draft Executive Session Minutes dated December 5, 2018. 10. Draft Minutes dated December 5, 2018. 11. Zoning Bylaw Task Force Charge dated December 14, 2018. 12. Police Station Building Project update 23 Final report dated December 12, 2018. 13. NSTAR Pole Hearing: Pochet Road dated December 19, 2018. 14. NSTAR Pole Hearing: Winslow Drive dated December 19, 2018. 15. Draft Nauset Beach Agreement Subcommittee Meeting Agenda. 16. Park Commissioners Meeting Agenda dated October 22, 2018. 17. Nauset Beach Agreement dated October 18, 2018. 18. Nauset Beach Concession Ideas for 2019 Season: Capeside Kitchen. 19. Email: Fwd: 2019 Nauset Beach Concession dated November 30, 2018. 20. Email: Beach Contract dated November 30, 2018. 21. Staff Comments on Nauset Beach Mobile Food Concession Contracts dated November 14, 2018. 22. Mobile Food Concession Service Agreement 23. Donation of sculpture for location at 80 Edredge Parkway dated December 5, 2018.
8 Orleans Board of Selectmen December 19, 2018
24. Change of Manager: Hang Ten Inc. dba Old Jailhouse Tavern dated December 19, 2018. 25. Temporary Closing – Nauset Grill dated December 19, 2018. 26. Request for Temporary Closing Nauset Grill dated November 30, 2018. 27. Temporary Closings Calendar 2019 dated December 3, 2018. 28. Tedd’s Garage Property dated December 14, 2018. 29. Photo: Tedd’s Garage dated November 19, 2018. 30. Photo: Tedd’s Garage January 5, 2018. 31. Photo: Tedd’s Garage 2003 32. Any other documents submitted at the December 19, 2018 Meeting.
9 Orleans Board of Selectmen January 2, 2019
ORLEANS BOARD OF SELECTMEN JANUARY 2, 2019 NAUSET ROOM DRAFT
A meeting of the Orleans Board of Selectmen was held on Wednesday January 2, 2019. Present were Chairman Alan McClennen, Vice Chairman Mefford Runyon, Clerk Kevin Galligan, Selectman Mark Mathison, Selectman David Currier & Town Administrator John Kelly.
Chairman McClennen called the meeting to order at 6:30 p.m.
6:30 p.m. Public Comment
No public comment was heard.
6:33 p.m. Approval of Minutes a. December 12, 2018 (Executive Session)
Mr. Runyon moved to approve the minutes of the December 12, 2018 executive session, 2nd by Mr. Mathison and approved 4-0-1 (Currier).
b. December 12, 2018
Mr. Mathison moved to approve the minutes of the December 12, 2018 meeting, 2nd by Mr. Runyon and approved 4-0-1 (Currier).
c. September 19, 2018
Mr. Runyon moved to approve the minutes of the September 19, 2018 meeting, 2nd by Mr. Mathison and approved 5-0-0.
6:35 p.m. Committee Interviews and Appointments a. Nauset Regional School Committee-Debbie Beal
Emily Hillary, who was elected to the committee last May, has resigned.
Debbie Beal was present and stated her background and interest in the committee.
Mr. Galligan asked Ms. Beal to re-visit the Nauset Regional School Committee meeting, where she and another member abruptly left a meeting during budget time and how she might have handled the situation differently. Ms. Beal responded that there are other ways that the situation could have been approached.
Mr. Mathison stated his concerns regarding the process of filling the vacancy. He asked how it was possible for a citizen interest form to be submitted, when the town was not formally notified of the vacancy. Mr. Kelly responded that the form was submitted to his office electronically, and it was not until he contacted the superintendent, that he became aware of
1 Orleans Board of Selectmen January 2, 2019 the vacancy. The committee vacancy was advertised and Ms. Beal was the only applicant. Mr. Mathison reiterated his concern about the process.
Mr. Currier moved to take no action on this interview, without prejudice, and to direct the newspapers to advertise the vacancy with interviews to be held at the February 6, 2019 meeting, 2nd by Mr. Mathison and approved 3-2-0 (Galligan & Runyon).
b. Cultural Council-Jay Haun
Jay Haun was present and stated her background and interest in the committee.
Mr. Currier moved to appoint Jay Haun to the Cultural Council with a term to expire on June 30, 2020, 2nd by Mr. Runyon and approved 5-0-0.
c. Dredging Advisory Committee-Stephen Smith
Stephen Smith was present and stated his background and interest in the committee. He suggested that the committee have positions for an excavator and a fisherman.
Mr. Galligan asked Mr. Smith if is he prepared to work through the tasks of the charge. Mr. Smith responded that he has not seen the task list.
Mr. McClennen summarized the charge to the committee.
Mr. Currier agreed that it would make the most sense to have an excavator and fisherman on the committee as it would provide more feasibility. Mr. Runyon agreed.
Mr. Galligan suggested modifying the charge to state “and an alternate member at large”, which would allow for all applicants to be at the table and bring everyone interested together.
Mr. Galligan moved to modify the charge to the Dredging Advisory Committee to include “and an alternate member at large”, 2nd by Mr. Mathison and approved 5-0-0.
Mr. Currier moved to appoint Stephen Smith to the Dredging Advisory Committee as a regular member with a term to expire on June 30, 2021, 2nd by Mr. Mathison and approved 3-2-0 (McClennen & Runyon).
Mr. Runyon moved to appoint Charles Carlson to the Dredging Advisory Committee as a regular member with a term to expire on June 30, 2021, 2nd by Mr. Galligan and approved 3-2- 0 (Currier & Mathison).
Mr. Mathison moved to appoint Rick Francolini to the Dredging Advisory Committee as an alternate member, with a term to expire on June 30, 2021, 2nd by Mr. Runyon and approved 5- 0-0.
d. Fourth of July Committee-Ryan Smith
No one was present.
2 Orleans Board of Selectmen January 2, 2019
Mr. Galligan moved to appoint Ryan Smith to the Fourth of July Committee with a term to expire on June 30, 2021, 2nd by Mr. Mathison and approved 5-0-0.
e. Affordable Housing Trust Funds Board-Matthew Cole, Henry Brehm, Duane Landreth, Ward Ghory
Matthew Cole was present and stated his background and interest in the committee.
Henry Brehm was present and stated his background and interest in the committee. Mr. Brehm reviewed his experience in obtaining grants.
Duane Landreth was present and stated his background and interest in the committee.
Ward Ghory was present and stated his background and interest in the committee.
7:25 p.m. Show Cause Hearing-Tedd’s Garage, Inc. d/b/a Down Cape Auto Sales
Mr. McClennen opened the show cause hearing. Tedd Klinefelter was present.
Mr. McClennen asked Mr. Klinefelter to show cause as to why the Selectmen should continue to issue the license and if any cars have been sold from the property. Mr. Klinefelter stated that has not sold any cars from the lot in the past year, and feels that there is no definition of “use” in the regulation. He asked if the permit could be sold with the property. Mr. McClennen responded that the permit is non-transferrable.
Mr. Galligan asked what the regular hours of operation are for the business. Mr. Klinefelter responded that the business is open when he can be there.
Nancy Jorgensen from 17 Towhee Lane was present. She asked that if the Board does award the license and allow for the business to continue, that it be conditioned that the property owner is required to bring it up to the standard that is acceptable on a main road in Orleans. Mr. McClennen responded that there have been instances were licenses were contingent on compliance with clean up and town bylaws.
Mr. Galligan recognized written statements from abutters Bob Tucker and Joanne Liberies.
Mr. Runyon moved to close the show cause hearing, 2nd by Mr. Galligan and approved 5-0-0.
7:38 p.m. 2019 Renewal Application for Auto Class II License-Tedd’s Garage, Inc., d/b/a Down Cape Auto Sales
If the Selectmen voted to not renew the license, Mr. Galligan asked whose roll it would be to take action on the abandoned property. Mr. McClennen stated that if the Selectmen do not elect to renew the license, the property would be considered a salvage/junk yard, which are prohibited in town. It would then come under the enforcement of the Building Commissioner.
Mr. Mathison stated that the issue is the condition of the lot. He asked if the Selectmen could continue the request to renew the license for a period of time, and give the owner the
3 Orleans Board of Selectmen January 2, 2019 opportunity to clean up the property, make it presentable, and remove the vehicles that are too far gone to be sold. He suggested continuing the hearing for a 2-month period.
Mr. Galligan agreed, but noted that the 2018 license has expired, and Mr. Klinefelter cannot sell vehicles from the site. Mr. Currier added that he could sell the vehicles online.
While Mr. Runyon sympathizes with the idea of helping a long-time business person, the reality for him is that he needs to speak for the Town of Orleans rather than the business owner. Given the history, Mr. Runyon sees no hope that any change will take place. He would also like more clarity on what “clean up” the property would mean.
Mr. Mathison move to vote to continue the request to renew the 2019 Auto Class II License for Tedd’s Garage, Inc. dba Down Cape Auto Sales, located at 142 Cranberry Highway, Theodore Klinefelter owner/manager until March 6, 2019 at 7:00 p.m., 2nd by Mr. Currier and approved 5-0-0.
7:51 p.m. Meet with George Meservey and Tom Daley-Mass Grants Program Main Street Streetscape Project a. Review of timeline and supplemental funding required to proceed with project
George Meservey and Tom Daley were present. Mr. Meservey refreshed the Board on the long- time effort of the Village Center planning, which is consistent with the Village Center Streetscape Plan. He briefly reviewed the plan.
Mr. Daley reviewed the Main Street reconstruction current concept plan and project funding. The town has received a Mass Works Grant in the amount of 1.5 million dollars. There is an additional $600,000 that needs to be funded and Mr. Daley is requesting that an article be placed on the Annual Town Meeting warrant for funding.
The Board and Mr. Daley reviewed the timing of the project, noting that we had previous requests from Main Street business owners to delay work on the state project until after Columbus Day. He is anticipating the same request for this project.
Mr. Mathison was under the impression that we were trying to make this a pedestrian friendly corridor, yet, we have business owners we are concerned about the removal of street side parking spaces. Mr. Meservey stated that he has heard the concerns about the removal of parking, and that the net loss of parking spaces will be 2. Mr. Mathison asked if there would be a way to encourage people to walk to the center of Orleans by providing good parking areas. Mr. Meservey responded that there are a couple of properties that could be reviewed for parking.
Mr. Runyon stated that he has been a long-time advocate of municipal additions to help solve the parking problem. The proposed corridor does not allow for any safe passage of bikes and wondered if we could find a parking solution to eliminate parallel parking on the road.
Mr. Galligan said that there have been attempts to incentivize parking behind buildings, but they have not been powerful enough. He would like to meet with Mr. Daley to discuss the proposed streetscape lighting and attempt to soften the lights and fixtures.
4 Orleans Board of Selectmen January 2, 2019
Mr. McClennen noted that we will have bond authorization left from the downtown sewer piping system. Mr. Kelly added that he has spoken with the Finance Director, and in order to rescind overage would require a vote at town meeting. The Board discussed having consecutive articles as to explain where the money is being spent and make the net gain clear.
The Board and Mr. Daley discussed the timeline of the project and Mr. Daley added that there may be a little flexibility in order to accommodate the business owners.
Mr. Runyon brought attention to a curb visibility issue when you are exiting Academy Place. He also asked if Mr. Daley would communicate with the tree warden to see if we could use shade trees as opposed to ornamental trees.
Mr. Galligan moved to authorize funding in the amount estimated at $600,000 required to proceed with the Main Street Streetscape Project, 2nd by Mr. Runyon and approved 5-0-0.
8:23 p.m. Meet with Laura Kelley & C. Whiting Rice-POCCA request for town to not use herbicides on town properties
Laura Kelley and C. Whiting Rice were present. They are asking for all Cape towns to voluntarily not use glyphosate and other chemical products. The chemicals would not be used on any town owned lands, schools, parks, ballfields, etc. Ms. Kelley stated that the next step would be for the Board of Health to write a policy and distribute it to residents and businesses to provide further education on the harmful products. Ms. Kelley also asked that the Selectmen give the Board of Health the Marblehead Organic Pest Management Regulations as a model to follow.
Mr. McClennen asked what herbicides are used in Orleans. Mr. Kelly responded that none are used. He provided Ms. Kelley with a copy of the current Orleans policy.
Mr. Rice reviewed the process to voluntarily eliminate the use of glyphosate and other chemical products on town owned lands. They feel it is in the best interest of Orleans to not use the products.
8:50 p.m. Discussion on membership composition of Affordable Housing Trust Fund Board
Mr. McClennen stated that we have an Affordable Housing Trust Fund Board which has been created by the Selectmen and a vote of town meeting. Interviews of candidates have been conducted and we need to form a Board with a membership of not less than 5 and no more than 7. Mr. McClennen summarized the charge of the trust fund board. He stated that the charge does call for one Selectman to be a member, but he would like to see two.
Mr. Runyon and Mr. McClennen volunteered to be on the Board.
Mr. Currier would be more comfortable with only having one Selectman on the Board, and have the other members be citizens.
Mr. Galligan asked if one Selectman could be a voting member and the other an alternate member. Mr. Kelly responded that the bylaw would need to be amended in order to have an alternate member. They further discussed having one Selectman be the liaison to the Board.
5 Orleans Board of Selectmen January 2, 2019
Mr. Mathison recused himself.
Mr. Currier moved to appoint Alexis Mathison to the Affordable Housing Trust Fund Board with a term to expire on June 30, 2019, 2nd by Mr. Galligan and approved 4-0-1 (Mathison).
Mr. Mathison returned.
Mr. Currier moved to appoint Duane Landreth to the Affordable Housing Trust Fund Board with a term to expire on June 30, 2020, 2nd by Mr. Galligan and approved 5-0-0.
Mr. Currier moved to appoint Matthew Cole to the Affordable Housing Trust Fund Board with a term to expire on June 30, 2020, 2nd by Mr. Galligan and approved 5-0-0.
Mr. Currier moved to appoint Gregory Delory to the Affordable Housing Trust Fund Board with a term to expire on June 30, 2020, 2nd by Mr. Galligan and approved 5-0-0.
Mr. Currier moved to appoint Alan McClennen as the Board of Selectmen’s representative to the Affordable Housing Trust Fund Board with a term to expire on June 30, 2019, 2nd by Mr. Mathison and approved 4-0-1 (McClennen).
Mr. Galligan moved to appoint Ward Ghory to the Affordable Housing Trust Fund Board with a term to expire on June 30, 2020, 2nd by Mr. Mathison and approved 5-0-0.
Mr. Galligan moved to appoint Henry Brehm to the Affordable Housing Trust Fund Board with a term to expire on June 30, 2020, 2nd by Mr. Mathison and approved 5-0-0.
The Board directed the Town Administrator to prepare a warrant article to amend Article 33 of Annual Town Meeting to allow the Board of Selectmen to appoint alternates to the Affordable Housing Trust Fund Board, and increase the membership to 9.
Mr. Galligan briefly reviewed information received on a deed restricted property on West Road.
9:25 p.m. Discussion on Ombudsman Task Force
The Board discussed this topic briefly two weeks ago, and now needs to decide what the next steps are. Mr. McClennen has reached out to a member of the task force, and has yet to receive a response, expressed the need to speak with the committee and find out why there have been no meetings held and no minutes posted.
Mr. Currier stated that he has been informed that the task force is having a hard time scheduling their meetings. He feels that one way to solve the problem would be to expand the committee.
Mr. Runyon noted that we are putting a lot of hope into the ombudsman role. One piece that may be helpful would be for each department to have performance standards. Mr. Mathison added that performance standards do not address why this discussion started a year ago. An ombudsman would help answer questions, direct people through town hall and assist in making town hall as user friendly as possible.
6 Orleans Board of Selectmen January 2, 2019
Mr. Mathison suggested creating a schedule where one Selectmen would be available to meet with citizens on a regular basis. Mr. Runyon and Mr. Galligan voiced their support for exploring this idea.
Mr. McClennen added that we are here to provide an open door to the public for any questions they have about municipal issues in Orleans. We can create a schedule and do a test run for a couple of months.
9:40 p.m. Requests for General Bylaws b. New Chapter 97-Prohibition on Sale and Use of Balloons
Mr. Runyon moved to schedule a public hearing for new Chapter 97-Prohibition on sale and use of balloons, and invite the Conservation Commission to attend and decide to go forward at Annual Town Meeting, 2nd by Mr. Galligan and approved 5-0-0.
c. Amend Chapter 99-Soil and Erosion and Sediment Control
Mr. Runyon moved to schedule a public hearing to amend Chapter 99-soil and erosion and sediment control and invite the Planning Board to attend and decide to go forward at Annual Town Meeting, 2nd by Mr. Galligan and approved 5-0-0.
9:42 p.m. Request for Temporary Closing-Vers Restaurant from 02/23/2019 to 05/01/2019
Mr. Runyon moved to vote to approve the request of from Jonathan and Karen Haffmans, owners/managers of the VERS Restaurant, located at 15 Cove Road to close for business from February 23, 2019 through May 1, 2019 for maintenance purposes in accordance with the Town of Orleans Rules and Regulations of the Liquor Licensing Authority under M.G.L. Chapter 138, 2nd by Mr. Mathison and approved 4-0-1 (Currier).
9:43 p.m. Town Administrators Report a. Annual Review of Trust Fund Guidelines for Emergency Assistance
Mr. Galligan moved to maintain the funds available for disbursement out of the trust funds at $10,000 for the coming year, 2nd by Mr. Runyon and approved 5-0-0.
9:44 p.m. Liaison Reports
Mr. Galligan reported that, with thanks to the Renewable Energy Committee and staff, the state approved our designation as a green community. He reviewed a couple of the eligible green community projects and the Town Administrator indicated staff will be working on the project submittals to apply the funds.
Mr. McClennen stated that we have received a letter that Orleans has qualified for the clean water state revolving fund. Orleans is 11th on the list of 46 communities.
Mr. McClennen also reported that the DPW facility is rapidly moving towards completion.
7 Orleans Board of Selectmen January 2, 2019
The Governor has signed the short-term rental tax bill which has the potential for significant impacts for all wastewater financing.
Mr. Runyon would like to try and keep current on the projected bonding costs.
Mr. Mathison reported that the Nauset Regional School District is going to be holding informational meetings and seminars regarding Nauset High School renovations, starting on January 14, 2019 at 6:00 p.m. in the Nauset Room at Town Hall.
9:48 p.m. Items for future agendas
Budget meetings will be starting on January 16, 2019.
Adjourn
Mr. Runyon moved to adjourn at 9:50 p.m. 2nd by Mr. Galligan and approved 5-0-0.
Respectfully Submitted, Jennifer Clarke
______Kevin Galligan, Clerk Documents in 01.02.19 Packet
1. January 2, 2019 Agenda. 2. EXECUTIVE SESSION: Draft executive session minutes dated December 12, 2018. 3. Draft minutes dated December 12, 2018. 4. Draft minutes dated September 19, 2018. 5. Nauset Regional School Committee Representatives Action Form dated January 2, 2019. 6. Email: NRSD Resignation dated November 30, 2018 7. Citizen Interest Form – Deborah Beal dated November 29, 2018. 8. Debbie Beal letter dated November 26, 2018. 9. Cultural Council Action Form dated January 2, 2019. 10. Citizen Interest Form – Jay Haun dated August 1, 2018. 11. Dredging Advisory Committee Action Form dated January 2, 2019. 12. Citizen Interest Form – Stephen Smith dated December 12, 2018. 13. Email: Dredge Advisory Committee dated December 19, 2018. 14. Email: S/W Committee nominations for dredging committee dated December 12, 2018. 15. Email: Dredge Advisory Committee dated December 19, 2018. 16. Citizen Interest Form – William Amaru dated November 27, 2018. 17. Citizen Interest Form – Charles Carlson dated November 29, 2018. 18. Citizen Interest Form – Rick Francolini dated November 30, 2018. 19. Fourth of July Committee Action Form dated January 2, 2019. 20. Citizen Interest Form – Ryan Smith dated November 6, 2018. 21. Affordable Housing Trust Fund Board Action Form dated January 2, 2019. 22. Citizen Interest Form – Ward Ghory dated December 5, 2018. 23. Citizen Interest Form – Duane P Landreth dated November 30, 2018.
8 Orleans Board of Selectmen January 2, 2019
24. Citizen Interest Form – Matthew H Cole dated December 12, 2018. 25. Citizen Interest Form – Henry Brehm dated June 6, 2018. 26. Citizen Interest Form – Alexis Mathison dated October 31, 2018. 27. Affordable Housing Trust Fund Board Action From dated August 1, 2018. 28. Email: Re Orleans Housing Trust Citizen Interest dated July 27, 2018. 29. Citizen Interest Form – Brian Sosner dated May 18, 2018. 30. Citizen Interest Form – Cheryl Codair dated February 13, 2018. 31. Citizen Interest Form – Barry Alper dated August 28, 2018. 32. Show Cause Hearing letter dated December 21, 2018. 33. Tedd’s Garage Property memo dated December 14, 2018. 34. Photo: Tedd’s Garage dated November 19, 2018. 35. Photo: Tedd’s Garage January 5, 2018. 36. Photo: Tedd’s Garage 2003 37. Photos: Tedd’s Garage dated December 17, 2018. 38. Joanne Liberles Letter: Tedd’s Garage dated December 17, 2018. 39. Bob Tucker Letter: Tedd’s Garage dated December 17, 2018. 40. 2019 Renewal Application for Auto Class II License – Tedds Garage, Inc. dba Down Cape Auto Sales dated January 2, 2019. 41. Main St. Reconstruction dated January 2, 2019. 42. Stantec Consulting Services Inc. Main Street Reconstruction dated December 14, 2018. 43. Standard Contract dated December 11, 2018. 44. MassWorks Infrastructure Program 45. MassWorks Infrastructure Program – 2018 dated November 28, 2018. 46. POCCA Letter dated November 28, 2018. 47. Process To Voluntarily Eliminate the use Glyphosate and Other Chemical Products from Town Owned Property dated January 2, 2019. 48. Town of Marblehead Board of Health Organic Pest Management Regulations effective date December 22, 2005. 49. Charge to the Affordable Housing Trust fund Board approved date December 6, 2017. 50. Ombudsman Task Force approved date June 6, 2018. 51. Email: Proposed General Bylaw 97 52. Article _ Adopt General Bylaw CH97 – Prohibition of Sale and Use of Balloons dated December 11, 2018. 53. Email: Chapter 88 – Drainage & Erosion & Sediment Control – proposed amendment dated December 17, 2018. 54. Chapter 88 – Drainage & Erosion & Sediment Control redlined draft. 55. Temporary Closing – VERS Restaurant dated January 2, 2019. 56. VERS request to close dated December 3, 2018. 57. Temporary Closings Calendar 2019 dated December 28, 2018. 58. Emergency Assistance (Trust Funds) Update memo dated December 14, 2018. 59. Distribution of Trust Funds 60. Policy Statement: Clement Gould and Wife, Mary Celia Crosby and Clayton Mayo Trust Funds revised date January 4, 2012. 61. Guidelines for the distribution of Clement Gould and Wife, Mary Celia Crosby and Clayton Mayo Trust Funds revised date January 4, 2012. 62. Any other documents submitted at the January 2, 2019 Meeting.
9 BOARD OF SELECTMEN OFFICE OF THE TOWN AGENDA ACTION REQUEST ADMINSTRATOR Meeting Date: January 16, 2019
MEET WITH POLICE CHIEF: QUARTERLY REPORT
REQUESTED BY: Chief Scott MacDonald DESIRED ACTION: Review Quarterly Report & vote to close Main Street for Annual Block Party
PROPOSED MOTION: I move to vote to close Main Street from Route 6A to Route 28 on August 21, 2019 from 5 PM to 10 PM for the Annual Block Party.
ACTION TAKEN: Moved By: ______Seconded By: ______Condition(s):
VOTED: Yea _____ Nay______Abstain ______
BOARD OF SELECTMEN OFFICE OF THE TOWN AGENDA ACTION REQUEST ADMINSTRATOR Meeting Date: January 16, 2019
PUBLIC HEARING: BCQ LLC dba THREE FOOLS Transfer Annual Wine & Malt Beverages Common Victualler’s Liquor License & New Annual Common Victuallar’s & Weekday Entertainment Licenses
REQUESTED BY: Amanda Kingston DESIRED ACTION: Transfer licenses PROPOSED MOTION: I move to approve the transfer of an Annual Wine and Malt Beverages Common Victualler’s Liquor license from Todd Goddard & Christopher Tomkinson dba Orleans Villa Pizza to BCQ, LLC dba Three Fools located at 87 Route 6A, Amanda Kingston, Manager, subject to all local and state rules, regulations and approvals, laws and bylaws and in accordance with the Town of Orleans Rules & Regulations of the Liquor Licensing Authority adopted December 21, 1994, amended June 10, 2015 and Massachusetts General Law Chapter 138. Hours of operations shall be from 11:00 a.m. – 9:00 p.m. Monday through Sunday. The Annual Wine & Malt Beverages license to be issued after approval from the Alcoholic Beverage Control Commission is received and expiring on December 31, 2019. ACTION TAKEN: Moved By: ______Seconded By: ______Condition(s): VOTED: Yea _____ Nay______Abstain ______TOWN OF ORLEANS Office of the Town Administrator
TO: Orleans Board of Selectmen DATE: 1/16/19 at 7:00 p.m.
Action ______X______
Information: ______
AGENDA ITEM: BCQ, LLC dba Three Fools: Transfer Annual Wine & Malt Beverages Liquor, Entertainment & Common Victualler’s Licenses
BACKGROUND: Amanda Kingston has filed an application to transfer the Annual Wine and Malt Beverages Common Victualler’s Liquor license from Todd Goddard & Christopher Tomkinson. dba Orleans Villa Pizza to BCQ, LLC dba Three Fools, Amanda Kingston, Owner/Manager. Location of the property and business is 87 Route 6A. Mrs. Kingston currently has an application pending with the Board of Health. Hours of operation will be from 11:00 a.m. – 9:00 p.m. Mondays through Sunday.
Comments were requested from the building, health and police departments. No comments were received.
PUBLIC HEARING PROTOCOL
1) Read legal advertisement as published in the Cape Codder on December 28, 2018.
TOWN OF ORLEANS PUBLIC HEARING BCQ, LLC dba THREE FOOLS - TRANSFER OF ANNUAL WINE & MALT BEVERAGES LIQUOR, ENTERTAINMENT & COMMON VICTUALLER’S LICENSES
Notice is hereby given under Chapter 138 of the General Laws as amended that an application has been made to the Board of Selectmen by BCQ, LLC dba Three Fools, 87 Route 6A, Amanda Kingston, Manager, for an Annual Wine & Malt Beverages Common Victualler’s Liquor license, and Annual Weekday Entertainment licenses. The premise is described as “one story building; three rooms; partial storage in cellar; one entrance/exit on west side & one entrance/exit on north side with 58 seat capacity.”
The Board of Selectmen, acting as the Local Licensing Authority, will hold a public hearing on Wednesday, January 16, 2019 at 7:00 p.m. in Nauset Room, Orleans Town Hall, 19 School Rd, Orleans, MA at which time all interested parties will be heard. Alan McClennen, Jr., Board of Selectmen Chair Cape Codder, Add # 13758445, 12/28/18 2) Follow procedure to conduct a public hearing.
3) VOTE OPTIONS
THE TOWN ADMINISTRATOR RECOMMENDS MOTION 1:
MOTION 1: Vote to approve the transfer of an Annual Wine and Malt Beverages Common Victualler’s Liquor license from Todd Goddard & Christopher Tomkinson dba Orleans Villa Pizza to BCQ, LLC dba Three Fools located at 87 Route 6A, Amanda Kingston, Manager, subject to all local and state rules, regulations and approvals, laws and bylaws and in accordance with the Town of Orleans Rules & Regulations of the Liquor Licensing Authority adopted December 21, 1994, amended June 10, 2015 and Massachusetts General Law Chapter 138. Hours of operations shall be from 11:00 a.m. – 9:00 p.m. Monday through Sunday. The Annual Wine & Malt Beverages license to be issued after approval from the Alcoholic Beverage Control Commission is received and expiring on December 31, 2019.
MOTION 2: Vote to continue the hearing on the transfer of an Annual Wine and Malt Beverages Common Victualler’s Liquor license from Todd Goddard & Christopher Tomkinson dba Orleans Villa Pizza to BCQ, LLC dba Three Fools located at 87 Route 6A, Amanda Kingston, Manager, until ______(insert date) at ______(insert time).
MOTION 3: Vote to deny the application on the transfer of an Annual Wine and Malt Beverages Common Victualler’s Liquor license from Todd Goddard & Christopher Tomkinson dba Orleans Villa Pizza to BCQ, LLC dba Three Fools located at 87 Route 6A, Amanda Kingston, Manager (must state why denying license).
FISCAL IMPLICATIONS:
Liquor License Filing Fee $50.00 Common Victualler’s Filing Fee $25.00 Weekday Entertainment Filing Fee $25.00 Common Victualler’s License Fee $50.00 Weekday Entertainment Mechanical Devise License $30.00
BOARD OF SELECTMEN ACTION:
APPROVED: ______DISAPPROVED: ______BOARD OF SELECTMEN OFFICE OF THE TOWN AGENDA ACTION REQUEST ADMINSTRATOR Meeting Date: January 16, 2019
LICENSING: HAWKER’S & PEDDLER’S LICENSE
REQUESTED BY: Deanna Johnson DESIRED ACTION: Approve a Hawker’s & Peddler’s License PROPOSED MOTION: I move to approve the application of Deanna Johnson dba Nauset Dogs for a Hawkers and Peddlers license to sell hot dogs, hamburgers and shaved ice at her property located at 7 South Orleans Road, daily from 9:00 a.m. to 7:00 p.m., subject to all approvals, bylaws, permits and licenses. Said license to expire on December 31, 2019.
ACTION TAKEN: Moved By: ______Seconded By: ______Condition(s):
VOTED: Yea _____ Nay______Abstain ______TOWN OF ORLEANS Office of the Town Administrator
TO: Orleans Board of Selectmen DATE: 1/16/19
Action ______X______
Information: ______
AGENDA ITEM: HAWKERS & PEDDLERS LICENSE – Deanna Johnson dba Nauset Dogs
BACKGROUND:
Deanna Johnson with an address 7 South Orleans Road, Orleans, MA has filed an application for a Hawkers & Peddlers license for Nauset Dogs to operate a vending food cart/truck at 7 South Orleans Road for the sale of hot dogs, hamburgers and shaved ice. Ms. Johnson is the owner of the property. Her application indicates she would like to operate year-round.
Ms. Johnson has not submitted an application for a Food Service Permit with the Board of Health yet, but is planning to do so. A Food Service Permit must be approved before she can operate a food cart/truck.
VOTE OPTIONS
THE TOWN ADMINISTRATOR RECOMMENDS MOTION 1:
MOTION 1: Vote to approve the application of Deanna Johnson dba Nauset Dogs for a Hawkers and Peddlers license to sell hot dogs, hamburgers and shaved ice at her property located at 7 South Orleans Road, daily from 9:00 a.m. to 7:00 p.m., subject to all approvals, bylaws, permits and licenses. Said license to expire on December 31, 2019.
MOTION 2: Vote to continue the request of Deanna Johnson dba Nauset Dogs for a Hawkers and Peddlers license to sell hot dogs, hamburgers and shaved ice at her property located at 7 South Orleans Road until ______(date) ______(time).
MOTION 3: Vote to deny the application of Deanna Johnson dba Nauset Dogs for a Hawkers and Peddlers license to sell hot dogs, hamburgers and shaved ice at her property located at 7 South Orleans Road, daily from 9:00 a.m. to 7:00 p.m. (must state the reason for the denial).
FISCAL IMPLICATIONS: Filing Fee $25.00 License fee $75.00
BOARD OF SELECTMEN ACTION:
APPROVED: ______DISAPPROVED: ______BOARD OF SELECTMEN OFFICE OF THE TOWN AGENDA ACTION REQUEST ADMINSTRATOR Meeting Date: January 16, 2019
MEET AS PARK COMMISSIONERS Vote to approve Firebirds proposal for new scoreboard at Eldredge Field
REQUESTED BY: Firebirds DESIRED ACTION: Vote to approve the request of Firebirds for a new scoreboard. PROPOSED MOTION: I move to approve the request for a new Firebird’s scoreboard at Eldredge Field.
ACTION TAKEN: Moved By: ______Seconded By: ______Condition(s):
VOTED: Yea _____ Nay______Abstain ______John Kelly
------Forwarded message ------From: Stu Murray
Kevin & Elise, Please find attached a image of our proposed design to accomany our request to the Selectman Regards,
Stu Murray National Editor College Baseball - On Campus to The Cape
www.OnCampustoTheCape
339-223-9287
On January 11, 2019 at 3:02 AM Stu Murray
Kevin & Elise,
My apologies for not getting this to you sooner. I completed it earlier this week, thought it was sent, only to find it sitting in my "draft box" just now. Please let Davis and I know if you have any additional questions. We look forward to seeing you all on the next week on the 16th.
To: Orleans Town Selectman Re: January 16th Town Meeting - Eldredge Park scoreboard replacement plan & proposal Need: The current 10+ year-old scoreboard is no longer functionally reliable, is technologically outdated & costly to maintain, offering a poor fan experience at Eldredge Park
Proposal: The Firebirds are proposing replacement of the scoreboard with a modern, high- quality unit of approximately the same size from the manufacturer Nevco. Some attractive features of the scoreboard include:
Using the existing foundation and pillars to eliminate need for digging, pouring more concrete or otherwise disrupting the area under and around the current board The board includes wireless technology, eliminating need for any trenching that could damage the field, yielding a more environmentally friendly and energy efficient unit The display features a standard "line score", will include a pitch speed display unit and can be clearly seen at much more severe angles than the current board, enhancing the fan experience We propose a neutral black background with crisp amber lighting, a tasteful, understated design appropriate for 106-year-old Eldredge Park & one that features team colors of both the Firebirds & Nauset High School
1 We anticipate an 8-week time frame for removal/installation and would like proceed expeditiously so the new unit will be ready & available for the start of the Nauset HS season in early April. Please find attached a graphic representation of the proposed scoreboard. We look forward to providing any additional information at the meeting. Sincerely, Davis Walters & Stu Murray Orleans Athletic Association Regards, Stu Murray National Editor College Baseball - On Campus to The Cape www.OnCampustoTheCape
339-223-9287
On January 7, 2019 at 1:15 PM Kevin Galligan
Hi Davis and Stu: Just a quick follow-up from our meeting of 12/21/18 on the proposed new OAA scoreboard. The next Board of Selectmen/Park Commissioner's meeting is coming up for January 16. Was we talked, if you could send along a brief request that could be an e-mail and/or letter with the request (essentially like-for-like, mounted on same posts, with improved information display, wifi communication and more energy efficient) along with your order timeframe and an image of the new board, would be helpful to have into the Town Administrator's office (Elise Zarcaro cc'd here) by end of day this Thursday, 1/10/11 so it can be on the agenda and included in the packet that gets posted Friday.
Thanks very much!
Kevin
2
BOARD OF SELECTMEN OFFICE OF THE TOWN AGENDA ACTION REQUEST ADMINSTRATOR Meeting Date: January 16, 2019
OMBUDSMAN TASK FORCE
REQUESTED BY: Board of Selectmen DESIRED ACTION: Continue discussion PROPOSED MOTION: N/A ACTION TAKEN: Moved By: ______Seconded By: ______Condition(s):
VOTED: Yea _____ Nay______Abstain ______BOARD OF SELECTMEN OFFICE OF THE TOWN AGENDA ACTION REQUEST ADMINSTRATOR Meeting Date: January 16, 2019
OVERVIEW OF TOWN ADMINISTRATORS RECOMMENDED FY20 OPPERATING BUDGET & FY21-FY25 CIP
REQUESTED BY: Board of Selectmen and Staff DESIRED ACTION: Review FY20 Operating Budget and FY21-FY25 CIP PROPOSED MOTION: TBD ACTION TAKEN: Moved By: ______Seconded By: ______Condition(s):
VOTED: Yea _____ Nay______Abstain ______BOARD OF SELECTMEN OFFICE OF THE TOWN AGENDA ACTION REQUEST ADMINSTRATOR Meeting Date: January 16, 2019
NEW SHORT TERM RENTALS LAW & LOCAL OPTIONS
REQUESTED BY: TA DESIRED ACTION: TBD PROPOSED MOTION: TBD
ACTION TAKEN: Moved By: ______Seconded By: ______Condition(s):
VOTED: Yea _____ Nay______Abstain ______Acts (2018)
Chapter 337
AN ACT REGULATING AND INSURING SHORT-TERM RENTALS.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: SECTION 1. Chapter 23A of the General Laws is hereby amended by adding the following section:- Section 68. (a) The executive office of housing and economic development, in consultation with the executive office of technology services and security and the department of revenue, shall establish and maintain a registry for all operators under chapter 64G who file an application and are issued a certificate of registration in accordance with section 67 of chapter 62C. (b) The executive office of housing and economic development shall promulgate regulations, in accordance with section 2 of chapter 30A, that are necessary to: (i) develop and implement a registry that is accessible and available to the public; and (ii) support the competitive operation of the traditional lodging industry, short-term rental industry and hosting platforms to operate competitively in the commonwealth. The regulations shall require that a public hearing be held and that a small business impact statement be filed. (c) The executive office of housing and economic development shall, in developing regulations to implement the registry, consider: (i) existing practices of peer states; (ii) data security practices, protocols and standards; (iii) technological feasibility of existing digital systems, including the feasibility of developing and maintaining a searchable online directory; (iv) information required to be collected and maintained for operators in the registry, which shall, at a minimum, include a list of accommodations offered for rent by operators who are registered in accordance with section 67 of chapter 62C, provided, however, that the location information for any accommodation offered for rent shall be limited to the name of the street and the city or town where the accommodation is located; (v) any forms or records necessary to implement this section and meet such requirements under this chapter and chapter 64G; (vi) practices utilized to disclose or report information to cities and towns by request; (vii) impacts on the traditional lodging industry, short-term rental industry and hosting platforms; (viii) the fiscal impact to the commonwealth; and (ix) any relevant federal or state laws and regulations. The executive office of housing and economic development shall establish procedures and protocols to protect the confidentiality and security of an operator’s personal information and tax information and prohibit the disclosure of such personal information and tax information maintained pursuant to this section. SECTION 2. Chapter 29C of the General Laws is hereby amended by adding the following 2 sections:- Section 19. There shall be a separate fund to be known as the Cape Cod and Islands Water Protection Fund. The fund shall be subject to this chapter, except as otherwise provided in this section. There shall be credited to the fund revenue from appropriations or other money authorized by the general court and specifically designated to be credited to the fund including, but not limited to, revenues received under the excise imposed under section 3C of chapter 64G, any investment income earned on the fund’s assets and all other sources, each source being tracked separately for accounting purposes as of June 30 of each year. The trust shall hold the fund in an account separate from other funds of the trust. Proceeds of the fund shall not be used to offset or otherwise replace contract assistance funds or reserve funds used for pool financing. The trust shall apply and disburse amounts credited to the fund, without further appropriation, to provide subsidies and other assistance, which may include principal forgiveness, to local governmental units and other eligible borrowers in the payment of debt service costs on loans and other forms of financial assistance made by the trust for water pollution abatement projects in municipalities that are members of the fund. Each municipality within Barnstable or Nantucket counties or within the county of Dukes County shall be a member of the fund if it is subject to: (i) an area wide wastewater management plan under section 208 of the federal Clean Water Act, 33 U.S.C. 1288; or (ii) a suitable equivalent plan determined by the department of environmental protection. Water pollution abatement projects eligible for subsidies and other assistance under this section may include the utilization of innovative strategies and alternative septic system technologies that result in nutrient reduction for marine and fresh waters. The fund may provide subsidies and other assistance as provided in this section with respect to debt incurred prior to the establishment of the fund in the towns of Nantucket, Edgartown, Tisbury, Oak Bluffs, Falmouth, Chatham and Provincetown and the city of Barnstable for water pollution abatement projects apart from the trust. Amounts credited to the fund shall be expended or applied only with the approval of the Cape Cod and Islands Water Protection Fund Management Board established under section 20 and in a manner determined by the board, in addition to any approvals required under this chapter. The board, subject to a memorandum of understanding with the department of environmental protection, may direct the comptroller to transfer a specified amount not to exceed 10 per cent of the annual revenue deposited into the fund to the department for the department to contract with a regional planning agency, institution of higher education or non-profit corporation to evaluate and report on the efficacy of adaptive management measures to reduce nitrogen pollution of coastal waterways undertaken pursuant to an area wide wastewater management plan or a suitable equivalent plan, to monitor the water quality and watersheds of areas subject to the study and to support further assessment and water quality modeling to further refine area wide wastewater management plans or suitable equivalent plans in Barnstable and Nantucket counties and the county of Dukes County. Any amounts remaining in the fund at the end of a fiscal year shall be carried forward into the following fiscal year and shall remain available for application and disbursement without further appropriation. A municipality that is a member of the fund under this section may withdraw from the fund by a ⅔ vote of its legislative body; provided, however, that a municipality shall not withdraw from the fund during the term of any financial assistance award from the fund to the municipality. A municipality that has withdrawn from the fund shall not have representation on the Cape Cod and Islands Water Protection Fund Management Board established under section 20. A municipality that has withdrawn from the fund and votes, by majority vote of its legislative body, to return to the fund shall not receive money from the fund until not less than 2 years from the date of its vote to return. Section 20. There shall be a Cape Cod and Islands Water Protection Fund Management Board that shall consist of 1 person to be appointed by each board of selectmen or town council in each municipality that is a member of the Cape Cod and Islands Water Protection Fund; provided, however, that an appointee of a board of selectmen or town council shall be a member of the respective appointing authority, a town manager, town administrator or other municipally employed professional staff. The executive director of the Cape Cod commission, the executive director of the Martha’s Vineyard commission and the town manager of Nantucket shall serve as non-voting ex-officio members of the board. Each member of the management board shall serve for a term of 3 years and until a successor is appointed and qualified and each member of the management board shall be eligible for reappointment. Each member of the management board appointed to fill a vacancy on the management board shall be appointed for the unexpired term of the vacant position. The members of the management board shall select a member to serve as chairperson and vice-chairperson for a term established by vote of the management board. The Cape Cod commission, in consultation with the Martha’s Vineyard commission, shall provide administrative and technical support to the management board and may be compensated for its associated costs by vote of the management board. The management board’s duties shall be limited to determining the method for subsidy allocation, including, but not limited to, an equitable distribution among participating municipalities consistent with revenue deposited from each municipality into the fund, and to ensuring that money from the Cape Cod and Islands Water Protection Fund is spent only for the purposes in section 19. SECTION 3. Section 1 of chapter 40U of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out, in line 5, the words “regulating the” and inserting in place thereof the following words:- related to the use of property for short-term rental use or regulating a. SECTION 4. Section 16 of chapter 62C of the General Laws, as so appearing, is hereby further amended by inserting after subsection (g) the following subsection:- (g½) Notwithstanding subsection (g), the department of revenue shall promulgate regulations to minimize the administrative burden relative to filing returns under said subsection (g) on operators who offer their accommodations to the public for not less than 1 day in 5 separate months, or fewer, in the taxable year. The regulations may authorize an operator to file a return only for a month that the operator’s accommodation is offered to the public. SECTION 5. Subsection (b) of section 21 of said chapter 62C, as amended by section 3 of chapter 90 of the acts of 2018, is hereby amended by adding the following 2 paragraphs:- (29) the disclosure of information necessary for administration of the community impact fee imposed pursuant to section 3D of chapter 64G. (30) the disclosure of information to the executive office of housing and economic development necessary for the establishment and maintenance of a registry pursuant to section 68 of chapter 23A. SECTION 6. Chapter 64G of the General Laws is hereby amended by striking out sections 1 to 6, inclusive, as appearing in the 2016 Official Edition, and inserting in place thereof the following 11 sections:- Section 1. As used in this chapter, the following words shall have the following meanings unless the context clearly requires otherwise: “Bed and breakfast establishment”, a private owner-occupied house where not less than 4 rooms are let, a breakfast is included in the rent and all accommodations are reserved in advance. “Bed and breakfast home”', a private owner-occupied house where not more than 3 rooms are let, a breakfast is included in the rent and all accommodations are reserved in advance. “Commissioner”, the commissioner of revenue. “Hosting platform”, a service through a digital platform, third- party website, software, online-enabled application, mobile phone application or some other, similar electronic process that allows: (i) an operator to advertise, list or offer the use of an accommodation subject to the excise under this chapter in exchange for rent; (ii) an operator to collect the payment of rent on an accommodation; and (iii) a person to arrange, book, reserve or rent an accommodation. “Hotel”, a building used for the feeding and lodging of guests licensed or required to be licensed under section 6 of chapter 140. “Intermediary”, a person or entity, other than an operator, that facilitates the sale, use or possession of an occupancy and charges a room charge to the general public; provided, however, that the term “facilitates” shall include a person or entity that brokers, coordinates or in any other way arranges for the purchase, sale, use or possession of occupancies by the general public; provided further, that the term “intermediary” shall include a hosting platform and operator’s agent. “Lodging house”, a house licensed or required to be licensed under section 23 of chapter 140 and where lodgings are rented to not less than 4 people who shall not be within the second degree of kindred to the owner or operator of such lodging house. “Motel”, a building or portion of a building in which a person is lodged for hire with or without meals and that is licensed or required to be licensed under section 32B of chapter 140; provided, however, that a “motel” shall not include a hotel or lodging house. “Occupancy”, the use or possession or the right to the use or possession of a room in a bed and breakfast establishment, hotel, lodging house or motel designed and normally used for sleeping and living purposes for a period of not more than 90 consecutive calendar days, regardless of whether such use and possession is as a lessee, tenant, guest or licensee, or the use or possession or the right to the use or possession of a room in a short term rental normally used for sleeping and living purposes for a period of not more than 31 consecutive calendar days, regardless of whether such use and possession is as a lessee, tenant, guest or licensee; provided, however, that “occupancy” shall include the right to the use or possession of the furnishings or the services and accommodations, including breakfast in a bed and breakfast establishment, accompanying the use and possession of such a room. “Occupant”, a person who uses, possesses or has a right to use or possess a room in a bed and breakfast establishment, hotel, lodging house, short-term rental or motel for rent under a lease, concession, permit, right of access, license or agreement. “Operator”, a person operating a bed and breakfast establishment, hotel, lodging house, short-term rental or motel in the commonwealth including, but not limited to, the owner or proprietor of such premises, the lessee, sublessee, mortgagee in possession, licensee or any other person otherwise operating such bed and breakfast establishment, hotel, lodging house, short-term rental or motel. “Operator’s agent”, a person who on behalf of an operator of a bed and breakfast establishment, hotel, motel, short-term rental or lodging house: (i) manages the operation or upkeep of a property offered for rent; or (ii) books reservations at a property offered for rent; provided, however, that an “operator’s agent” shall include, but not be limited to, a property manager, property management company or real estate agent. “Person”, an individual, partnership, trust or association, with or without transferable shares, joint-stock company, corporation, society, club, organization, institution, estate, receiver, trustee, assignee or referee and any other person acting in a fiduciary or representative capacity, whether appointed by a court or otherwise, or any combination of individuals acting as a unit. “Professionally-managed unit”, 1 of 2 or more short-term rental units that are located in the same city or town, operated by the same operator and are not located within a single-family, two-family or three-family dwelling that includes the operator’s primary residence. “Rent”, the total consideration paid by or on behalf of an occupant, including any service, cleaning or other charge, to an operator or an intermediary collecting and remitting the excise on behalf of an operator under section 13 for occupancy, valued in money, whether received in money or otherwise, including all receipts, cash, credits and property or services of any kind or nature. “Short-term rental”, an owner-occupied, tenant-occupied or non-owner occupied property including, but not limited to, an apartment, house, cottage, condominium or a furnished accommodation that is not a hotel, motel, lodging house or bed and breakfast establishment, where: (i) at least 1 room or unit is rented to an occupant or sub-occupant; and (ii) all accommodations are reserved in advance; provided, however, that a private owner- occupied property shall be considered a single unit if leased or rented as such. Section 2. This chapter shall not include: (i) lodging accommodations at a federal, state or municipal institution; (ii) lodging accommodations, including dormitories, at religious, charitable, educational and philanthropic institutions; provided, however, that the exemption allowed shall not apply to accommodations provided by any such institution at a hotel or motel generally open to the public and operated by the institution; (iii) privately-owned and operated convalescent homes or homes for the aged, infirm, indigent or chronically ill; (iv) religious or charitable homes for the aged, infirm, indigent or chronically ill; (v) summer camps for children up to 18 years of age or developmentally disabled individuals; provided, however, that a summer camp that offers its facilities off season to individuals 60 years of age or older for a period of not more than 30 days in a calendar year shall not lose its exemption under this section; (vi) bed and breakfast homes; (vii) lodging accommodations provided to seasonal employees by employers; (viii) alcohol and drug free housing that is certified pursuant to section 18A of chapter 17; (ix) tenancies at will or month-to-month leases; and (x) time-shares, as defined in section 2 of chapter 183B. For the purposes of this section, “developmentally disabled individual” shall mean an individual who has a severe chronic disability that: (i) is attributable to a mental or physical impairment or combination of mental and physical impairments; (ii) is likely to continue indefinitely; (iii) results in substantial functional limitations in not less than 3 of the following areas of major life activity: (A) self-care; (B) receptive and expressive language; (C) learning; (D) mobility; (E) self-direction; (F) capacity for independent living; and (G) economic self-sufficiency; and (iv) reflects the individual’s need for a combination and sequence of special, interdisciplinary or generic care, treatment or other services that are of lifelong or extended duration and are individually planned and coordinated. Section 3. An excise shall be imposed upon the transfer of occupancy of a room or unit in a bed and breakfast establishment, hotel, lodging house, short-term rental or motel by an operator at the rate of 5 per cent of the total amount of rent for each such occupancy. An excise shall not be imposed if the total amount of rent is less than $15 per day or its equivalent. The operator shall pay the excise to the commissioner at the time provided for filing the return required under section 16 of chapter 62C. No excises or fees established under this chapter shall be imposed upon the transfer of occupancy of a short-term rental if the operator transfers such short-term rental for not more than 14 days in a calendar year, provided, that the operator has first: (i) registered with the commissioner in accordance with section 67 of chapter 62C; and (ii) filed a declaration with the commissioner, signed by the operator and subject to section 5 of chapter 62C, setting forth the intention to transfer the short-term rental for not more than 14 days in a calendar year. Such a declaration, if applicable, shall be required annually in a manner determined by the commissioner. If the operator transfers the short-term rental for 15 days or more in the same calendar year, or fails to register and file a declaration as required by this section, then the operator shall be liable for the payment of required excises and fees under this chapter, including payment of required taxes and fees on the first 14 days the short- term rental was transferred in the calendar year. Section 3A. A city or town that accepts this section may impose a local excise upon the transfer of occupancy of a room in a bed and breakfast establishment, hotel, lodging house, short-term rental or motel located within that city or town by an operator at a rate of not more than 6 per cent of the total amount of rent for each such occupancy; provided, however, that the city of Boston may impose such local excise upon the transfer of occupancy of a room in a bed and breakfast establishment, hotel, lodging house, short-term rental or motel located within the city by an operator at the rate of not more than 6.5 per cent of the total amount of rent of each such occupancy. No excise shall be imposed if the total amount of rent is less than $15 per day or its equivalent or if the accommodation is exempt under section 2. An operator shall pay the local excise imposed under this section to the commissioner at the same time and in the same manner as the excise due to the commonwealth. All sums received by the commissioner under this section as excise, penalties or forfeitures, interest, costs of suit and fines shall at least quarterly be distributed, credited and paid by the state treasurer upon certification of the commissioner to each city or town that has adopted this section in proportion to the amount of such sums received from the transfer of occupancy in each such city or town. Acceptance of this section shall be: (i) by a majority vote of the city council with the approval of the mayor in the case of a city with a mayor elected to serve as the chief executive officer of the city; (ii) by a majority vote of the city council in every other city; (iii) by a majority vote of the annual town meeting or a special meeting called for that purpose in the case of a municipality with a town meeting form of government; or (iv) by a majority vote of the town council in the case of a municipality with a town council form of government. This section shall take effect on the first day of the calendar quarter following 30 days after its acceptance or on the first day of a later calendar quarter as the city or town may designate. The city or town, in accepting this section, shall not revoke or otherwise amend the applicable local tax rate more often than once in a 12-month period. The commissioner shall make available to a city or town requesting such information the total amount of room occupancy tax collected in the preceding fiscal year in the city or town requesting the information. Section 3B. Notwithstanding sections 9 and 10 of chapter 152 of the acts of 1997, the convention center financing fee imposed upon the transfer of occupancy of a short-term rental in the cities of Boston, Cambridge, Springfield, Worcester, West Springfield and Chicopee shall revert half to the General Fund and half to the city in which the short-term rental was transferred. Section 3C. In addition to the excise imposed under section 3 and any excise imposed under section 3A, an excise shall be imposed on the transfer of occupancy of a room in a bed and breakfast establishment, hotel, lodging house, short-term rental or motel located within a municipality that is a member of the Cape Cod and Islands Water Protection Fund established under section 19 of chapter 29C at a rate of 2.75 per cent of the total amount of rent for each such occupancy; provided, however, that all revenues received from the excise under this section shall be credited to the Cape Cod and Islands Water Protection Fund. An excise shall not be imposed if the total amount of rent is less than $15 per day or its equivalent. An operator shall pay the excise due to the Cape Cod and Islands Water Protection Fund to the commissioner at the same time and in the same manner as the excise due to the commonwealth. Section 3D. (a) A city or town that accepts section 3A may, by a separate vote and in the same manner of acceptance as set forth in section 3A, impose upon an operator a community impact fee of not more than 3 per cent of the total amount of rent for each transfer of occupancy of a professionally managed unit that is located within that city or town. (b) A city or town that votes to impose a community impact fee under subsection (a) may, by a separate additional vote and in the same manner of acceptance as set forth in section 3A, also impose the community impact fee upon each transfer of occupancy of a short-term rental unit that is located within a two-family or three- family dwelling that includes the operator’s primary residence. (c) All community impact fees under this section shall be paid monthly by the operator to the municipality. A city or town shall dedicate not less than 35 per cent of the community impact fees collected under this section to affordable housing or local infrastructure projects. Section 4. Except as provided in section 13, reimbursement for the excise imposed under this chapter shall be paid by the occupant of any such room to the operator and each operator shall add to the rent and collect from the occupant the full amount of the excise imposed by this chapter or an amount equal as nearly as possible or practical to the average equivalent thereof and such excise shall be a debt from the occupant to the operator when so added to the rent and shall be recoverable at law in the same manner as other debts. Section 5. The amount of the excise collected by the operator from the occupant pursuant to this chapter shall be stated and charged separately from the rent and shown separately on any record of the excise at the time the transfer of occupancy is made or on any evidence of such transfer issued or used by the operator. Section 6. A person shall not operate a bed and breakfast establishment, hotel, lodging house, short-term rental or motel unless a certificate of registration has been issued to the person in accordance with section 67 of chapter 62C. Section 6A. No person subject to this chapter shall engage in an unlawful practice under section 4 of chapter 151B. SECTION 7. Said chapter 64G is hereby further amended by striking out sections 7A and 7B, as so appearing, and inserting in place thereof the following 2 sections:- Section 7A. An operator who has paid to the commissioner an excise pursuant to section 3 upon an account later determined to be worthless shall be entitled to an abatement of the excise paid on the worthless account. A claim for abatement shall be filed not later than April 15 annually and shall cover the amount of the excise on accounts determined to be worthless in the prior calendar year. An operator who recovers an excise on an account determined to be worthless and for which an application for abatement has been filed shall report and include the same in a monthly return at the time of recovery. Section 7B. An operator who fails to pay to the commissioner money required to be paid by this chapter shall be personally and individually liable therefor to the commonwealth. As used in this section, the term “operator” shall include an officer or employee of a corporation or a member or employee of a partnership or a limited liability company who, as such officer, employee or member, is under a duty to pay the excises imposed by this chapter. An operator who misrepresents to an intermediary that the transfer of occupancy of the operator’s property is exempt from the excise imposed by sections 3, 3A and 3C and the community impact fee imposed by section 3D shall be liable for any unpaid excise under said sections 3, 3A and 3C and the community impact fee imposed by said section 3D and shall be deemed to have committed an unfair trade practice under chapter 93A in making such a misrepresentation to the intermediary. SECTION 8. Said chapter 64G is hereby further amended by striking out section 12, as so appearing, and inserting in place thereof the following 7 sections:- Section 12. No excise shall be imposed under this chapter upon the transfer of occupancy of a room in a hotel, lodging house, short- term rental or motel if the occupant is an employee of the United States military traveling on official United States military orders that encompass the date of such occupancy. Each operator shall maintain such records as the commissioner shall require to substantiate exemptions claimed under this section. Section 13. (a) An operator may elect to allow an intermediary to collect rent or facilitate the collection or payment of rent on its behalf through a written agreement on an accommodation subject to the excise under this chapter. An intermediary that enters into a written agreement with the operator to collect rent or facilitate the collection or payment of rent on behalf of the operator of an accommodation subject to the excise under this chapter shall: (i) apply for and obtain a certificate of registration from the commissioner in accordance with section 67 of chapter 62C on behalf of the operator; (ii) assess, collect, report and remit the excise to the commissioner as described for operators in sections 3, 3A, 3B, 3C, 5, 7A, 7B and 12; (iii) assess, collect and remit the community impact fee to the municipality as described for operators in section 3D; (iv) maintain records of any excises collected that have been remitted to the commissioner and shall make these records available to the department upon request; (v) ensure that the operator is registered pursuant to said section 67 of said chapter 62C prior to permitting such operator to list or offer an accommodation for rent through the use of the intermediary; and (vi) notify the operator that the operator must comply with all applicable municipal, state and federal laws including, but not limited to, the collection and remittance of required excises. The certificate of registration obtained from the commissioner pursuant to this subsection shall identify and be in the name of the individual operator, not the intermediary. (b) An intermediary collecting and remitting the excise on behalf of an operator shall provide notification within a reasonable time to the operator that the excise has been collected and remitted to the commissioner pursuant to section 3. The notification may be delivered in hand or by mail or conveyed by electronic message, mobile or smart phone application or another similar electronic process, digital media or communication portal. An operator shall not be responsible for collecting and remitting the excise on a transaction for which the operator has received notification from an intermediary that the excise has been collected and remitted to the commissioner on their behalf. (c) The intermediary shall not be liable for faults in collecting or remitting the excise proximately caused by the intermediary’s reasonable reliance on representations made to it by the operator about the nature of the property being rented, the duration of the occupancy or other similar misrepresentations made by the operator to the intermediary. The operator shall be liable for any unpaid excise resulting from any such misrepresentation. An intermediary shall not be liable for any over collection of the excise if the excise collected was remitted to the commissioner and the over collection resulted from the intermediary’s reasonable reliance on the operator’s representations about the nature of the property being rented or the nature of the occupancy or whether such property was exempt from the excise. The operator shall be liable for monetary damages to the occupant resulting from any such misrepresentations. Section 14. A city or town, by ordinance or by-law, may regulate operators registered pursuant to section 67 of chapter 62C and impose penalties for the violation of such an ordinance or by- law. A city or town, by ordinance or by-law, may: (i) regulate the existence or location of operators under this section within the city or town, including regulating the class of operators and number of local licenses or permits issued to operators under this section and the number of days a person may operate and rent out an accommodation in a calendar year; (ii) require the licensing or registration of operators within the city or town; provided, however, that a city or town may: (A) accept a certificate of registration issued to an operator in accordance with section 67 of chapter 62C in lieu of requiring an operator to obtain a local license or registration under this section; or (B) issue a provisional license or registration to permit an operator to offer accommodations on temporary or seasonal basis; (iii) require operators to demonstrate that any properties or premises controlled, occupied, operated, managed or used as accommodations subject to the excise under this chapter are not subject to any outstanding building, electrical, plumbing, mechanical, fire, health, housing or zoning code enforcement, including any notices of violation, notices to cure, orders of abatement, cease and desist orders or correction notices; (iv) require properties or premises controlled, occupied, operated, managed or used by operators as an accommodation subject to the excise under this chapter to undergo health and safety inspections; provided, however, that the cost of any inspection conducted under this section shall be charged to and solely paid by the operator under this section; provided further, that after any initial health and safety inspection, the city or town may determine the frequency of any subsequent inspections; (v) establish a civil penalty for violation of an ordinance or by- law enacted pursuant to this section; provided, however, that a city or town that suspends or terminates an operator’s right to operate an accommodation for a violation of any ordinance or bylaw shall notify the commissioner of revenue of the suspension or termination; and (vi) establish a reasonable fee to cover the costs associated with the local administration and enforcement of regulating operators and accommodations. Notwithstanding any ordinance or by-law adopted by a city or town pursuant to this section, an operator of a short-term rental shall post inside the short-term rental unit information regarding the location of any fire extinguishers, gas shut off valves, fire exits and fire alarms in the unit and building. Nothing in this section shall preclude a city or town from publishing a public registry of all short-term rental accommodations located within that city or town offered for rent by operators who are registered in accordance with section 67 of chapter 62C. A city or town may determine what relevant information shall be listed, including where the accommodation is located. Section 15. Nothing in this chapter shall confer a right to lease, sublease or otherwise offer a residential unit as a short-term rental where such use is prohibited by a homeowner’s association agreement or requirements, a rental agreement or any other restriction, covenant, requirement or enforceable agreement. Section 16. For residential units subject to rent control provisions, operators of short-term rentals shall charge not more than the prorated maximum amount allowed. Section 17. The commissioner shall annually publish a report on the economic activity of short-term rentals in the commonwealth rented for occupancy through a hosting platform or intermediary. The commissioner may require a hosting platform, intermediary or operator of a short-term rental to submit to the department of revenue, in a form approved by the commissioner, information necessary to compile the report including, but not limited to: (i) the aggregate rent paid by all occupants during the reporting period: (ii) the total amount of revenue collected from the excise on the transfer of occupancy of the short-term rentals; and (iii) the total amount of revenue collected from the local excise on the transfer of occupancy of the short-term rentals. The department shall make available any data set used pursuant to this section to a regional planning agency, municipality or other public agency requesting such information; provided, however, that the department shall utilize the practices that are necessary to prevent the public disclosure of personal information regarding operators and occupants. The department shall annually publish local summary statistics on its website. The department shall take all measures necessary to protect the confidentiality and security of an operator’s personal tax information from any disclosure pursuant to this section. Section 18. The commissioner shall promulgate rules and regulations for assessing, reporting, collecting, remitting and enforcing the room occupancy excise pursuant to this chapter. SECTION 9. Chapter 175 of the General Laws is hereby amended by inserting after section 4E the following section:- Section 4F. (a) As used in this section, the terms “hosting platform”, “operator” and “short-term rental” shall have the same meanings as under section 1 of chapter 64G unless the context clearly requires otherwise. (b) An operator shall maintain liability insurance of not less than $1,000,000 to cover each short-term rental, unless such short- term rental is offered through a hosting platform that maintains equal or greater coverage. Such coverage shall defend and indemnify the operator and any tenants or owners in the building for bodily injury and property damage arising from the short-term rental. (c) Prior to an operator offering a short-term rental through the use of a hosting platform, the hosting platform shall provide notice to the operator that standard homeowners or renters insurance may not cover property damage or bodily injury to a third-party arising from the short-term rental. (d) Insurers that write homeowners and renters insurance may exclude any and all coverage afforded under the policy issued to a homeowner or lessee for any claim resulting from the rental of any accommodation under chapter 64G. Insurers that exclude the coverage described in this section shall not have a duty to defend or indemnify any claim expressly excluded by a policy. Nothing under this section shall preclude an insurer from providing coverage for short-term rentals. (e) Any policy or policy form intended to cover operators of short-term rentals from liabilities, whether the policy or policy form is provided by a hosting platform or an operator itself, shall be filed according to instructions provided by the division of insurance. (f) An operator who intends to operate a short-term rental shall provide notice to any insurer that writes a homeowners or renters insurance policy for the property where such short-term rental is to be located of the operator’s intent to operate such short-term rental. SECTION 10. There shall be a commission to study the feasibility and potential for use of lodging units within the hospitality industry, including hotel, motel, bed and breakfast and short-term rentals, as resources to increase the availability of emergency shelter for individuals and families displaced during extreme weather events or other states of emergency declared by the governor. The commission shall study and make recommendations relating to: (i) ways to maintain up-to-date inventories of units available for shelter during emergencies; (ii) networks to alert local officials about the availability of hospitality industry units as emergency shelter; (iii) platforms and protocol for communication and coordination between the hospitality industry and state and local officials during emergencies; and (iv) any other factors deemed relevant by the chair of the commission. The commission shall consist of: the director of the Massachusetts emergency management agency or a designee, who shall serve as chair; 2 members appointed by the Massachusetts Lodging Association, Inc.; 3 members appointed by the Massachusetts Municipal Association, Inc., 2 of whom shall have experience in local emergency planning and management and 1 of whom shall have experience in municipal licensure processes; and 3 members appointed by the governor, 1 of whom shall be a representative of the department of revenue, 1 of whom shall be a representative of a hosting platform, as defined in section 1 of chapter 64G of the General Laws, and 1 of whom shall be a representative of a non-profit entity with experience in national- level emergency management and relief. The commission shall report the results of its study, together with drafts of recommended legislation, if any, by filing the report with the clerks of the house of representatives and senate not later than January 1, 2020. SECTION 11. The transfer of occupancy of a room in a bed and breakfast establishment, hotel, lodging house, short-term rental or motel in a municipality that becomes a member of the Cape Cod and Islands Water Protection Fund under section 19 of chapter 29C of the General Laws after June 1, 2019 shall be subject to the excise under section 3C of chapter 64G of the General Laws on the first day of a calendar quarter after it has joined the fund, as the municipality may designate. SECTION 12. Notwithstanding section 19 of chapter 29C of the General Laws, a municipality included in the Cape Cod and Islands Water Protection Fund shall not withdraw from the fund for 1 year after the effective date of this act. SECTION 13. The executive office of housing and economic development shall promulgate regulations necessary to implement a registry pursuant to section 68 of chapter 23A of the General Laws not later than September 30, 2019. SECTION 14. Sections 3, 3A, 3C and 3D of chapter 64G of the General Laws shall take effect for transfers of occupancies of short- term rentals that commence on or after July 1, 2019 and for which contracts with occupants were entered into on or after January 1, 2019. SECTION 14A. Section 3B of chapter 64G of the General Laws shall take effect for transfers of occupancies on short-term rentals that commence 90 days after the commonwealth has discharged its obligations on the payment of special obligation bonds of the commonwealth issued pursuant to sections 11 and 12 of chapter 152 of the acts of 1997, as amended, as certified by the secretary of administration and finance. SECTION 15. A city or town that accepted section 3A of chapter 64G of the General Laws before July 1, 2019 shall be deemed to have accepted said section 3A of said chapter 64G for the purposes of this act. SECTION 16. Section 9 shall take effect on July 1, 2019. Approved, December 28, 2018. 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Short-term rentals frequently asked questions FAQs regarding legislation which was recently signed into law imposes state and local room occupancy excise taxes on short-term rentals of property. TABLE OF CONTENTS Table of Contents Overview General FAQs Registration FAQs Return and payment FAQs Local Municipal FAQs Contact Related
Table of Contents
Overview Legislation was recently signed into law which subjects short-term rentals of property to the room occupancy excise, G.L. c. 64G, as of July 1, 2019. You can find the new law here. DOR anticipates issuing detailed guidance to explain the administration of the new law.
In the meantime, the following provides important information about the new law for those currently participating in the short-term rental economy.
The new law imposes state and local excises on short-term rentals of property for more than 14 days in a calendar year, starting July 1, 2019 for which a rental contract was entered into on or after January 1, 2019.
All short-term rental operators will be required to register with DOR. Operators may choose to allow an intermediary or other agent to handle the rental of their property and register with and submit returns and tax due to DOR on their behalf.
General FAQs
What is a short-term rental?
A short-term rental is an occupied property that is not a hotel, motel, lodging house or bed and breakfast establishment, where at least 1 room or unit is rented out by an operator through the use of advance reservations. A short-term rental includes an apartment, house, cottage, and condominium. It does not include property that is rented out through tenancies at will or month-to-month leases. It also does not include time-share property. A short-term rental is a rental that is not for more than 31 consecutive calendar days. Who is a short-term rental operator?
A short-term rental operator can be an owner, lessee, sublessee, the holder of a mortgage, licensee, or anyone else operating a short-term rental. An operator does not have to be a resident of Massachusetts or a Massachusetts-based business for the short-term rental rules to apply.
Who is an intermediary or operator’s agent?
An intermediary is anyone besides an operator that helps arrange a short-term rental and who also charges rent on behalf of the operator. An intermediary includes a broker, hosting platform, or operator’s agent.
An operator’s agent is anyone who manages a property for rent or books reservations of a property for rent on behalf of an operator. An operator’s agent includes a property manager, property management company, or real estate agent.
Registration FAQs
How do I register as an operator?
All operators must register with DOR using MassTaxConnect. DOR is currently working on making changes to the registration process due to the new law. Check this page for more information in the near future.
How do I register as an intermediary or operator’s agent?
An intermediary or operator’s agent must register in the name of the operator with DOR using MassTaxConnect. DOR is currently working on making changes to the registration process due to the new law. Check this page for more information in the near future.
I am an intermediary or operator’s agent. Do I have to register under each operator’s name?
No, you will only need to register one time, but you may need to provide DOR with information about each operator you are working with. DOR is currently working on making changes to the registration process due to the new law. Check this page for more information in the near future.
What should I do until I can register with DOR?
Operators, intermediaries or operator’s agents may continue to enter into rental contracts until the registration process is up and running. Such contracts should contain provisions stating that all state and local taxes are due to the operator, intermediary or operator’s agent. I only rent my property a few days a year. Do I have to register or collect the tax?
No matter how many days you rent out your property each year, you must register with DOR using MassTaxConnect. However, if you rent out your property for 14 days or less in a calendar year, you are not required to collect any tax. If that exception applies to you, you must let us know at the time of registration that you will not be renting out your property for more than 14 days. DOR is currently working on the registration process due to the new law. Check this page for more information in the near future.
Return and payment FAQs
How do I file returns and pay the taxes due?
Room occupancy returns are due monthly, on or before the 20th day of the month reporting tax collected for the previous month. The state excise and any local option excise, including the new Cape Cod and Islands Water Protection Fund excise are to be paid with the return. DOR is currently working on making changes to the forms due to the new law. Check this page for more information in the near future.
When is the first return and payment due for short-term rentals after July 1, 2019?
Starting July 1, 2019, the first return and payment is due on August 20, 2019. After that date, returns are due on the 20th day of each month.
How much tax am I required to collect?
The total amount of tax required to be collected will depend on where the short-term rental is located. The following is a breakdown of the various state and local excises that may apply:
• State excise 5.7%
• Local option excise 0-6.5% (the rate varies depending on the city or town; find it here)
• Cape Cod and Islands Water Protection Fund excise 2.75% (only for those cities and towns in those localities that are currently a member of the Fund)
• Community Impact fee 0-3% (the rate will vary depending on whether a city or town votes to adopt this fee)
What is considered to be “rent” that is subject to the room occupancy excise?
The total amount of rent that is subject to the excise includes all amounts charged by an operator, intermediary or operator’s agent to an occupant, including service charges, cleaning charges if they are required for occupancy. If the total amount of rent is less than $15 per day, no tax is required to be collected. Local Municipal FAQs
How do I know if a local option excise applies to my short-term rental?
If a city or town currently has already adopted a local option room occupancy excise, the local option automatically applies to a short-term rental starting July 1, 2019 for which a rental contract was entered into on or after January 1, 2019. No further action is required by these cities or towns to impose the local option on short-term rentals. You can find a listing of municipalities that have a local option here.
Where can I find information about other rules or regulations imposed by cities and towns?
For information about local rules, including whether a city or town is a member of the Cape Cod and Islands Water Protection Fund or has adopted a community impact fee and how to pay that fee directly to the city or town, you should check with local officials in the city or town in which the rental property is located.
Contact
DOR Contact Phone Tax Department (617) 887-6367 Toll-free in Massachusetts (800) 392-6089 8:30 a.m.–4:00 p.m., Monday through Friday Online Contact UsYour one-stop connection to DOR. MassTaxConnectLog in to file and pay taxes. Receive email updatesSubscribe to receive updates from DOR.
Related
• Room Occupancy Excise Tax • Division of Local Services BOARD OF SELECTMEN OFFICE OF THE TOWN AGENDA ACTION REQUEST ADMINSTRATOR Meeting Date: January 16, 2019
VOTE TO CALL ANNUAL & SPECIAL TOWN MEETING
REQUESTED BY: Board of Selectmen and Staff DESIRED ACTION: Vote to call Annual & Special Town Meeting in May PROPOSED MOTION: Vote to hold the May 13, 2019 Annual Town Meeting at 6:30 pm at the Nauset Middle School Gymnasium and open the warrant on February 12, 2019 at 8:30 a.m. and close on March 14, 2019 at 4:30 p.m. and vote to hold the May 13, 2019 Special Town Meeting at 6:30 p.m. and open the warrant on March 14, 2019 at 8:30 a.m. and close the warrant on March 29, 2019 at 4:30 p.m.
ACTION TAKEN: Moved By: ______Seconded By: ______Condition(s):
VOTED: Yea _____ Nay______Abstain ______TOWN OF ORLEANS Office of the Town Administrator
TO: Orleans Board of Selectmen DATE: 1/16/19
Action ______X______
Information: ______
ANNUAL & SPECIAL TOWN MEETINGS
BACKGROUND:
The Board needs to vote on the May 13, 2019 Annual and Special Town Meetings. The Annual Town Meeting timetable would be as follows:
Publication of Opening & Closing Dates February 1, 2019 Open Warrant February 12, 2019 Close Warrant March 14, 2019 Warrant Article Recommendations April 12, 2019 Warrant to Printer April 12, 2019 Publication Date of Warrant April 26, 2019
The Special Town Meeting timetable would be as follows:
Publication of Opening & Closing Dates February 1, 2019 Open Warrant March 14, 2019 Close Warrant March 29, 2019 Warrant Article Recommendations April 12, 2019 Warrant to Printer April 12, 2019 Publication Date of Warrant April 26, 2019
TOWN ADMINISTRATOR’S RECOMMENDATION:
Vote to hold the May 13, 2019 Annual Town Meeting at 6:30 pm at the Nauset Middle School Gymnasium and open the warrant on February 12, 2019 at 8:30 a.m. and close on March 14, 2019 at 4:30 p.m. and vote to hold the May 13, 2019 Special Town Meeting at 6:30 p.m. and open the warrant on March 14, 2019 at 8:30 a.m. and close the warrant on March 29, 2019 at 4:30 p.m.
FISCAL IMPLICATIONS:
None other than what has been budgeted.
BOARD OF SELECTMEN ACTION:
APPROVED: ______DISAPPROVED: ______
U:\TownAdministrator\TownAdmin\Town Meetings & Elections\2019 May ATM & STM\Preparation\Action forms\May 13, 2019 O & C Warrants.docx BOARD OF SELECTMEN OFFICE OF THE TOWN AGENDA ACTION REQUEST ADMINSTRATOR Meeting Date: January 16, 2019
TOWN ADMINISTRATOR’S REPORT
REQUESTED BY: Panning Board DESIRED ACTION: Initiation of Zoning Adoption Process PROPOSED MOTION: I move to refer the Initiation of Zoning Adoption Process to the Planning Board.
ACTION TAKEN: Moved By: ______Seconded By: ______Condition(s):
VOTED: Yea _____ Nay______Abstain ______
BOARD OF SELECTMEN OFFICE OF THE TOWN AGENDA ACTION REQUEST ADMINSTRATOR Meeting Date: January 16, 2019
LIAISON REPORTS BOARD OF SELECTMEN OFFICE OF THE TOWN AGENDA ACTION REQUEST ADMINSTRATOR Meeting Date: January 16, 2019
TOPICS FOR FUTURE AGENDAS
Requested by: Topic: Requested to be on: