BOARD OF SELECTMEN OFFICE OF THE TOWN AGENDA ACTION REQUEST ADMINSTRATOR Meeting Date: May 06, 2020
EXECUTIVE SESSION
REQUESTED BY: Fire Chief & Acting Deputy Fire Chief
DESIRED ACTION: Meet in Executive Session Meet in Executive Session for contract negotiation with the Fire Chief and Acting Deputy Fire Chief
PROPOSED MOTION: I move to go into Executive Session to conduct contract negotiations with non-union personnel, and to reconvene in Open Session.
Roll Call Vote.
ACTION TAKEN: Moved By: ______Seconded By: ______
VOTED: Mathison____ Galligan _____ Newcomb ______
Runyon ______Currier ______
BOARD OF SELECTMEN OFFICE OF THE TOWN AGENDA ACTION REQUEST ADMINSTRATOR Meeting Date: May 06, 2020
PUBLIC COMMENT
REQUESTED BY: Board of Selectmen DESIRED ACTION: Read any emails submitted to the Board of Selectmen PROPOSED MOTION: N/A ACTION TAKEN: Moved By: ______Seconded By: ______Condition(s):
VOTED: Aye _____ Nay______Abstain ______
BOARD OF SELECTMEN OFFICE OF THE TOWN AGENDA ACTION REQUEST ADMINSTRATOR Meeting Date: May 06, 2020
COVID-19 UPDATE
REQUESTED BY: Board of Selectmen DESIRED ACTION: Hear an update on COVID-19 from Fire Chief Deering, Health Agent Canning and Police Chief MacDonald
a. Consider signing on to Guidance to Cape & Islands Seasonal Community letter b. Further discussion on establishing a re-opening advisory panel
PROPOSED MOTION: a. I move to sign on to Guidance to Cape & Islands Seasonal Community letter b. TBD ACTION TAKEN: Moved By: ______Seconded By: ______Condition(s):
VOTED: Aye _____ Nay______Abstain ______
John Kelly
From: Cyr, Julian (SEN)
Dear Town Managers/Administrators and Select Board/Town Council Chairs,
I’m writing to share updated final region‐wide guidance to seasonal residents of Cape Cod, Martha’s Vineyard, and Nantucket effective through May 18, 2020. The guidance will be released publicly tomorrow (Friday May 1) and is intended to provide information to seasonal residents regarding the Governor’s stay‐at‐home order and non‐essential business closures that are in place through May 18. The guidance is provided in English, Portuguese, and Spanish.
We encourage towns to post this guidance on your website, and welcome relevant town board/authority to endorse this letter and sign on. To join as a signatory, please email Katharine from my office at [email protected].
The aim is to speak with one consistent message to our seasonal residents, second home‐owners, summer workers, and visitors to ensure public health and promote economic vitality when we are able to reopen. Over the next several days, the signatories will work with every stakeholders imaginable to share guidance on relevant websites and be sure to reach our seasonal residents. We intend to update the guidance as additional information becomes available and as municipalities and organizations sign on. The guidance was developed 1 in consultation with the Baker‐Polito Administration. I shared draft guidance with town managers earlier this week for feedback and input, and I spoke with most of you personally.
Work continues apace to get through the surge and begin to reopen. I'm delighted that two individuals from our region — Linda Markham from Cape Air and Wendy Hudson from Nantucket Bookworks — are among the 17 people appointed to the Governor's Reopening Advisory Board. For Cape Codders, a regional task force has been assembled by the Cape Cod Chamber of Commerce, Barnstable County, and the Cape & Islands Legislative Delegation with participation from Cape Cod Healthcare, several town managers, and community leaders. More information and opportunities to participate in the coming days.
As always, please don’t hesitate to call me personally about this or any matters — 508‐360‐6694. Thank you for all that you do.
With admiration, Julian
From: Cyr, Julian (SEN)
Dear Town Managers and Administrators and County Officials,
I write to invite you to participate in guidance to the Cape & Islands Seasonal Community, provide important updates on Governor Baker’s Executive Orders, and share information about recently passed and pending legislation:
REGIONAL GUIDANCE TO SEASONAL RESIDENTS AND VISITORS
The Cape & Islands Legislative Delegation has been leading an effort to convene healthcare, business, and local government across the Cape & Islands in anticipating how we respond to the expected population influx of seasonal residents that we will see in the weeks ahead. These efforts are meant to compliment and support the Governor’s Executive Orders and guidance from the Baker- Polito Administration. The goal is to have uniform information for seasonal residents coming from all entities of authority in the region; the aim is to speak with one consistent message.
2 Attached is guidance that the legislative delegation has developed with area hospitals (Cape Cod Hosptial, Martha’s Vineyard Hosptial, Nantucket Cottage Hosptial) and the region’s three Chambers of Commerce. Suggested edits may be considered although reaching consensus with such a large group of stakeholders takes time; the region’s hospitals and chambers of commerce all agree with the language attached. We are extending an opportunity for the Cape & Islands’ 23 municipalities and Barnstable and Dukes Counties to join in signing onto this guidance. We also intend to invite Cape Cod National Seashore, transportation carriers, and other stakeholders to sign onto the guidance in the coming days. The guidance will be updated as information becomes available (e.g. extended date of Essential Services order). We will also seek to translate the guidance into Portuguese and Spanish.
I wanted to share the guidance with you and invite your municipality to sign on. I understand that it may take several days to circulate this within town leadership. To sign onto the guidance, please email Katharine Thibodeau from my staff: [email protected]. Please include the seal/logo of your municipality so we can include it in the guidance as it is updated.
A BIG thank you to Rep. Sarah Peake, Rep. Dylan Fernandes, Rep. Tim Whelan, Rep. Randy Hunt, Rep. Dave Vieira, Rep. Will Crocker, Mike Lauf, Denise Schepici, Gary Shaw, Wendy Northcross, Nancy Gardella, and Kristie Ferrantella for the collaboration that got us here.
EXTENSION OF ORDERS FROM GOVERNOR BAKER
As I'm sure you saw, the Governor announced today an extension of the stay at home order and non- essential business closure to May 18th. Details here: https://www.mass.gov/news/baker-polito- administration-extends-non-essential-business-closures-to-may-18th-announces
We continue to keep our webpage page updated with important federal, state, and local information as it is announced: https://www.senatorcyr.com/covid19
UPDATES ON LEGISLATION
Postponing elections:
The Senate and House passed legislation on 3/23 to help protect public health by providing cities and towns the authority to postpone and reschedule certain municipal elections and related activities. The bill was signed by the Governor on March 23rd: https://malegislature.gov/Laws/SessionLaws/Acts/2020/Chapter45
The House also issued orders to reschedule two special state elections until June 2, 2020. The Senate issued an order to reschedule two state special elections until May 19, 2020.
The legislation includes guidelines for public notification of rescheduled election dates, voter registration deadlines, absentee ballots processing, and the display of sample ballots. The legislation:
Allows municipal governments to postpone caucus or certain elections scheduled before May 30, 2020 and reschedule the caucus or elections to a date prior to June 30, 2020.Allows any eligible voter to vote early by mail for elections occurring before June 30, 2020. More here: https://karenspilka.com/updates/2020/3/23/municipalelections 3
Legislation to Assist Municipal Governance Signed into law:
On 4/3 the House and Senate passed House Bill 4598 ‐ An Act to address challenges faced by municipalities and state authorities resulting from COVID‐19. This legislation extends the state income tax filing deadline for residents, addresses disruptions in municipal tax collections and permitting, and allows licensed restaurants to sell certain alcoholic beverages with food take‐out and delivery orders, among other provisions.
A full summary of the bill is as follows. The Governor signed the bill on April 3rd. It is now law: https://malegislature.gov/Laws/SessionLaws/Acts/2020/Chapter53
Here is a summary of the law: https://www.mma.org/legislature‐oks‐bill‐to‐address‐municipal‐operations‐ challenges‐resulting‐from‐covid‐19‐emergency/
There has been some good feedback thus far on how the rating agencies are interpreting this legislation: https://www.metrowestdailynews.com/news/20200427/rating‐agency‐takes‐measure‐of‐ coronavirus‐law
More legislation signed into law to help municipalities, school districts:
The House and Senate passed House Bill 4616, An Act to Further Address Challenges Faced by Municipalities and School Districts Resulting from COVID‐19, on 4/9. It is now law after being signed by the Governor: https://malegislature.gov/Laws/SessionLaws/Acts/2020/Chapter56
You can find a summary here: https://www.mma.org/gov‐signs‐law‐with‐number‐of‐school‐related‐ adjustments/
Legislation signed into law on Notary reforms during COVID‐19
The House and Senate have been working on legislation to allow for notarizations to be done virtually. Senate Bill 2645, An Act providing for virtual notarization to address challenges related to COVID‐19, which was signed into law by the Governor on April 27th. Final legislation can be found here: https://malegislature.gov/Bills/191/S2645
Here is a summary of the legislation: https://d3n8a8pro7vhmx.cloudfront.net/juliancyr/pages/193/attachments/original/1588097972/S 2642_Summary.pdf?1588097972
Thank you for your collaboration and partnership to address to the unique needs of Cape Cod, Martha’s Vineyard, and Nantucket during this most difficult period.
Please don’t hesitate to reach me directly with any questions at 508-360-6694.
Take good care, Julian
4 --- Julian Cyr State Senator Cape and Islands District State House, Room 309 Boston, MA 02133 617-722-1570 Pronouns: He/Him/His www.SenatorCyr.com
5 Guidance to Cape & Islands Seasonal Community
Information for Members of Cape Cod, Martha’s Vineyard, and Nantucket’s Seasonal Community: Updated as of May 1, 2020 - Effective through May 18, 2020
Cape Cod, Martha’s Vineyard, and Nantucket are small year-round communities whose residents appreciate, welcome, and depend upon you, our seasonal residents, non-resident homeowners, seasonal workforce, and visitors.
During the COVID-19 pandemic and the upcoming summer season, we all understand the desire to return to visit, work, or live on Cape Cod, Martha’s Vineyard, and Nantucket. So far, we have been successful in limiting the extent of the impact of COVID-19 on our relatively isolated communities by implementing early and vigilant social distancing measures per the guidance of the public health officials.
However, according to the Massachusetts Department of Public Health, Cape Cod, Martha’s Vineyard, and Nantucket remain highly vulnerable to a major surge in new cases due to the highly contagious and insidious nature of this disease and the seasonal nature of our communities that creates an influx in population in the warmer months.
If you are planning to relocate or travel to Cape Cod or the Islands, please help us all to remain safe and healthy by being aware of the following information and taking the precautionary measures outlined below by public health officials.
• Please consider postponing any non-essential travel.
• If you must travel here, please be aware that Massachusetts Governor Charlie Baker has issued guidance instructing all travelers arriving in Massachusetts to self-quarantine for 14 days.
• In addition, individuals are instructed not to travel to Massachusetts if they are displaying symptoms. We ask that you refrain from traveling to the Cape and Islands even from within Massachusetts if you are displaying symptoms.
• If you must come to the Cape and Islands:
- Bring all necessary food and supplies with you to enable the 14 day quarantine, including prescriptions, cleaning supplies, personal health items and personal protective equipment.
- If exhibiting flu-like symptoms or experiencing respiratory illness during or after quarantine, do not go to work. Contact the local healthcare provider in your area for instructions on accessing care.
- Follow advisories on transportation, especially guidelines if you are traveling by ferry or air.
• The Massachusetts Department of Public Health has:
- Issued a stay at home advisory
- Advised that you protect yourself and others with a face covering/mask
- Advised that individuals practice social distancing by remaining 6 feet away from others
• All businesses and organizations that do not provide “COVID-19 Essential Services” have closed their physical workspaces to workers and customers until May 18.
• Gatherings of 10 or more people are prohibited until May 18.
• Hotels, short term residential rentals, and other short term lodgings are not open for leisure accommodations.
• Be aware that many states have different guidance and restrictions related to COVID-19. For information regarding Massachusetts COVID-19 response, please visit: mass.gov/covid19
Please recognize that many of the amenities you are used to enjoying in our communities are closed during this time.
Because we know you love the Cape and the Islands, please support local organizations to aid individuals and families in our region.
With your help, and all of us working together, Cape Cod, Martha’s Vineyard, and Nantucket can recover from this virus and these challenging economic times. We look forward to welcoming you back. Thank you for supporting this place that we all love by respecting this guidance.
Bill Keating Julian Cyr Timothy R. Whelan U.S. Representative State Senator State Representative 9th Congressional District Cape and Islands District 1st Barnstable District
William L. Crocker, Jr. David T. Vieira Sarah K. Peake State Representative State Representative State Representative 2nd Barnstable District 3rd Barnstable District 4th Barnstable District
Randy Hunt Dylan A. Fernandes State Representative State Representative 5th Barnstable District Barnstable, Dukes, and Nantucket District
BOARD OF SELECTMEN OFFICE OF THE TOWN AGENDA ACTION REQUEST ADMINSTRATOR Meeting Date: May 06, 2020
MEET AS PARK COMMISSIONERS
REQUESTED BY: Board of Selectmen DESIRED ACTION: Meet as Park Commissioners with Natural Resources Manager Nate Sears for a discussion on the startup of seasonal beach operations
PROPOSED MOTION: N/A ACTION TAKEN: Moved By: ______Seconded By: ______Condition(s):
VOTED: Aye _____ Nay______Abstain ______
BOARD OF SELECTMEN OFFICE OF THE TOWN AGENDA ACTION REQUEST ADMINSTRATOR Meeting Date: May 06, 2020
MEET WITH THE FINANCE DIRECTOR
REQUESTED BY: Board of Selectmen DESIRED ACTION: Meet with Finance Director Cathy Doane to review the 5-Year Financial Plan and consider a change in the Free Cash Policy
PROPOSED MOTION: I move to adopt the change in the Free Cash Policy as proposed by the Finance Director.
ACTION TAKEN: Moved By: ______Seconded By: ______Condition(s):
VOTED: Aye _____ Nay______Abstain ______
Town of Orleans Director of Municipal 19 School Road Orleans Massachusetts 02653-3699 Finance Cathy L. Doane, CPA Telephone (508) 240-3700 – Fax (508) 240-3388
To: Board of Selectmen From: Cathy L. Doane Date: May 1, 2020 Subject: Fiscal Stability
For the past few years I have been talking to you about the declining position of local receipts and our excess levy capacity that, without budget reductions, could result in the need of securing a General Operating Override to maintain our current level of services.
The declining revenue projections is further exacerbated by the financial effects of the COVID-19 pandemic. We have no idea at this point how long this is going to last and what the financial impact on our local receipts (including Beach revenues, Meals tax receipts and general town fees, etc.) will be. Furthermore, it is uncertain how State Aid may be impacted by the reduction in revenue at the State and Federal levels.
With all this uncertainty, I have recently expressed concerns to you regarding our ability to maintain our financial reserves while weathering this storm.
For the past several months, I have been researching viable alternatives and have been working with our financial advisor, Hilltop Securities, to put together a financial strategy that would attempt to do the following:
1. Protect the Town’s Credit Rating of AAA 2. Reduce reliance on Free Cash to offset the operating budget 3. Provide the Town with flexibility to weather the economic fallout of COVID-19 into FY 22 and perhaps beyond. 4. Preserve the Town’s financial reserves.
Below is an excerpt from an email I received from Cinder McNerney, Regional Managing Director of Hilltop Securities Inc. in Boston:
“Hi Cathy. I share your concerns. After reviewing what you sent, as well as S&P’s most recent credit report and the Town’s most recent disclosure, if the Town can tighten its belt in FY 2021 and not use free cash the way it has, or reduce that amount, would be ideal from the perspective of protecting the credit rating and as important, providing the Town flexibility to weather the economic fallout of COVID-19 into FY 2022 and perhaps beyond. Using the unused levy capacity, reducing reliance on free cash to balance the budget at least partially, tightening your belts in anticipation of FY 2022, are all good measures, and reflect a balancing effort, probably reflecting the very strong management view of the Town. That said, the rating agencies view the coronavirus as both a health crisis and a financial crisis. There are concerns it will become a credit crisis. There is some expectation that rainy day funds will be used as it’s raining. But, if you read S&P’s report, a deterioration in the Town’s flexibility, i.e., available fund balance, could pressure the rating given that debt and contingent liabilities are large. That’s offset by the Town’s wealth and lack of reliance on state aid, and that its budget is mostly supported with property taxes. Already the rating agency gives credit for the unused levy capacity, but if that’s used ahead of reserves, it would protect the reserve position to weather the fact that operating surpluses will be less likely going forward. The Town’s fee cash policy looks like it hasn’t been reviewed in some years and did not anticipate the event of perhaps multiple years of not being regenerated. We think it should be reviewed in light of current expectations, and in light of what the Town reasonably expects revenue losses will be in each of the next 3 years, as any draw on reserves may not only be difficult to restore, but simply postpone the inevitability of making the same difficult decisions only a year later, when the reserve position is diminished. Generally, we would advise a balanced approach to the use of reserves, if any, that would allow for the use only as part of a multi-year plan that reflects it can ultimately be rebuilt and restored. Liquidity is the focus of the rating agencies these days, and the Town is viewed as having very strong liquidity. Using reserves to balance the budget, if not restored, would also start to undermine that component of the Town’s strength, another reason to be very cautious about drawing down on reserves heading into all the uncertainty of the next couple of years in terms of the economic impact of the coronavirus.”
“The Town should consider maintaining reserves in the 13% to 15% as a range….I think that way you can meet your minimum, but strive to something that provides the Town more flexibility relative to events like reduced local receipts and new growth.” (At the end of FY 19, our reserves were 13%.)
“Generally the rating agencies, regarding the policy for reserves, is focused on free cash and stabilization together, and they usually look at unassigned and total fund balance as a percent of total expenditures, or revenues, on a GAAP basis. So the Town might want to consider where it’s at now, under GAAP, and can you maintain that as a percent of revs/exps.”
“What the rating agencies want to see is that whatever your choices are, that they fit into a plan to get through coronavirus in a sustainable way. The Town is so well managed, I don’t see this as compromising your AAA but I do think, as you started out this conversation, that every effort should be made to maintain or return unassigned fund balance and total fund balance percentages at current levels that support the AAA.”
“With regard to a policy, I agree that perhaps develop more of a policy of how much free cash is to be transferred to stabilization. Stabilization is considered as part of your flexibility.”
The above comments by Cinder reinforce what I have been saying to you all along. Therefore, I propose the following for consideration of how we need to proceed:
Steps for FY 21: 1. Reduce reliance on free cash to balance the budget and instead utilize excess levy capacity. 2. Adopt new financial reserves policy. 3. Evaluate actual revenue vs. projections during the summer months and make adjustments to FY21 budget at the October STM to offset any shortfall 4. Conduct BOS work sessions on the future need for general operating override. Consideration to include possibility of reducing services and increasing fee-based revenue. Work sessions should commence early FY 21 in preparation for the FY 22 budget process.
Steps for FY 22 – FY 25 projections: 1. Based on FY 21 adjustments and work sessions, amend projections for revenue and operating budgets.
Thank you for your consideration.
cc: John Kelly 5/1/2020
FINANCIAL PLAN PROJECTED FISCAL YEARS 2021 - 2025 ($000)
VOTED PROJECTED F.Y. % F.Y. % F.Y. % F.Y. % F.Y. % F.Y. % REVENUES 2020 Chg. 2021 Chg. 2022 Chg. 2023 Chg. 2024 Chg. 2025 Chg. Property Tax Property Tax (Base) 24,156 3.6% 25,009 3.5% 25,842 3.3% 26,698 3.3% 27,593 3.4% 28,515 3.3% Statutory Increase 622 6.7% 643 3.4% 664 3.2% 686 3.2% 708 3.3% 731 3.3% Growth 231 -12.1% 189 -18.1% 192 1.5% 210 9.5% 214 1.6% 214 0.0% Debt Exclusions 6,426 3.2% 5,978 -7.0% 8,510 42.4% 9,117 7.1% 8,953 -1.8% 10,785 20.5% Cape Cod Commission Act (EPA) 175 1.1% 179 2.5% 183 2.5% 188 2.5% 193 2.5% 197 2.5% Stabilization Fund Override 548 2.5% 562 2.5% 576 2.5% 590 2.5% 605 2.5% 620 2.5% General Override 725 0.0% 725 0.0% 725 0.0% 725 0.0% 725 0.0% 725 0.0% Unused Levy Capacity (1,055) -29.9% -100.0% - OVERRIDE NEEDED 863 1,084 25.5% 1,502 38.6% 1,968 31.0% Community Preserv. Surtax 811 3.3% 967 19.3% 991 2.5% 1,016 2.5% 1,041 2.5% 1,067 2.5% Total Property Tax 32,638 5.0% 34,252 4.9% 38,547 12.5% 40,313 4.6% 41,534 3.0% 44,822 7.9% ` Non-Property Tax State Aid 695 4.2% 701 1.0% 708 1.0% 716 1.0% 723 1.0% 730 1.0% Motor Vehicle Excise 1,198 2.0% 1,198 0.0% 1,198 0.0% 1,198 0.0% 1,198 0.0% 1,198 0.0% Local Receipts 2,936 -3.4% 2,936 0.0% 2,936 0.0% 2,936 0.0% 2,936 0.0% 2,936 0.0% Water Fees 2,558 13.0% 2,686 5.0% 2,969 10.6% 2,996 0.9% 2,723 -9.1% 2,640 -3.1% Meals Tax 333 -40.6% 336 1.0% 339 1.0% 343 1.0% 346 1.0% 350 1.0% Free Cash 908 -21.3% 298 -67.2% - -100.0% - - - Funds Resv. Appr./Other Avail. 999 -1.0% 1,429 43.1% 1,189 -16.8% 1,101 -7.4% 1,384 25.7% 964 -30.3% Comm. Preserv. Reserves 48 -94.5% 429 790.5% - -100.0% - - - Comm. Preserv. State Match 179 52.2% 169 -5.7% 173 2.5% 178 2.5% 182 2.5% 187 2.5% Total Non Property Tax 9,854 -9.3% 10,182 3.3% 9,513 -6.6% 9,468 -0.5% 9,492 0.3% 9,004 -5.1%
Total Revenues 42,492 44,434 48,060 49,781 51,026 53,826
Assessed Value (actual and est.) 4,209,989 2.8% 4,336,289 3.0% 4,466,378 3.0% 4,600,369 3.0% 4,738,380 3.0% 4,880,531 3.0% Tax Rate 7.56 2.2% 7.68 1.5% 8.41 9.5% 8.54 1.6% 8.55 0.0% 8.97 4.9%
Assumes use some Free Cash to balance budget in FY 21; however, in order to preserve Town reserves, we can no longer rely on Free Cash to offset the budget. Exhaust Excess Levy Capacity in FY 21 Illustrates General Override needed for level service budget (may be higher if we need to decrease revenue projections) Assumes no reduction in Local Receipts at this time - assumptions will need to be adjusted in October 2020. (i.e., a 25% reduction in Local Receipts = approx. $1M. To raise $1M from taxation = $0.24 increase to tax rate based on current valuations. This will require an Override if budgets cuts are not sufficient.)
NOTE: The above does not reflect articles postponed to October 2020 and HAS NOT been updated based on proposed CIP Plan dated 4/15/20.
BOARD OF SELECTMEN OFFICE OF THE TOWN AGENDA ACTION REQUEST ADMINSTRATOR Meeting Date: May 06, 2020
CONSIDER A REVISED ARTICLE 13. FUND COMPREHENSIVE WATER RESOURCES MANAGEMENT PLAN IMPLEMENTATION/CONSTRUCTION
REQUESTED BY: Town Administrator DESIRED ACTION: Consider a revised Article 13. Fund Comprehensive Water Resources Management Plan Implementation/Construction and vote to reduce the total appropriation by $125,000
PROPOSED MOTION: I move to approve the revised Article 13. Fund Comprehensive Water Resources Management Plan Implementation/Construction in the Annual Town Meeting Warrant and reduce the total appropriation by $125,000.
ACTION TAKEN: Moved By: ______Seconded By: ______Condition(s):
VOTED: Aye _____ Nay______Abstain ______
REVISED
ARTICLE 13. FUND COMPREHENSIVE WATER RESOURCES MANAGEMENT PLAN IMPLEMENTATION / CONSTRUCTION
To see if the Town will vote to raise and appropriate, borrow and/or transfer from available funds the sum of One Million Eight Hundred Twenty Five Thousand Five Hundred and 00/100 Dollars ($1,825,500.00), One Million Seven Hundred Thousand Five Hundred and 00/100 Dollars ($1,700,500.00), or any other sum, for the purpose of funding the Utility Survey and Preliminary Design of the Meeting House Pond Area Wastewater Facilities including Contract Administration and Owner’s Project Management Services; and for funding Permeable Reactive Barriers including monitoring the demonstration project off Eldredge Parking and conducting Watershed Wide Planning and Investigations, and for funding Freshwater Ponds Remediation; and for funding Lonnie’s Pond Oyster Demonstration Project, including all expenses incidental and related thereto; provided however that such vote shall not take effect until the Town votes to exempt from the limitations of total taxes imposed by Massachusetts General Law Chapter 59 § 21C (Proposition 2 1/2) amounts required to pay the principal and interest of the borrowing approved by such vote and further authorize the Board of Selectmen and/or Town Administrator to apply for and accept any Federal, State, County or other funds that may be available for this purpose and to enter into Intermunicipal Agreements for acceptance of any such grants or funds which shall be used to offset the total appropriation authorized herein, or to take any other action relative thereto. (Board of Selectmen)
(2/3 Vote Required) PROPOSED MOTION I move that this article be accepted and adopted as printed in the warrant and that the sum of One Million Eight Hundred Twenty Five Thousand Five Hundred and 00/100 Dollars ($1,825,500.00), One Million Seven Hundred Thousand Five Hundred and 00/100 Dollars ($1,700,500.00), be appropriated for this purpose and for costs incidental and related thereto, and that the Treasurer, with approval of the Board of Selectmen, is authorized to borrow the sum of One Million Seven Hundred Thousand Five Hundred and 00/100 Dollars ($1,700,500.00) pursuant to Massachusetts General Laws, Chapter 29C and Chapter 44 Sec. 7 and 8, or any other enabling authority, and to issue bonds or notes of the Town therefore, provided however that this vote shall not take effect until the Town votes to exempt from the limitations on total taxes imposed by the Massachusetts General Laws Chapter 59, Section 21C (Proposition 2 ½ so called) the amounts required to pay the principal and interest on the borrowing approved by such vote. Any premium received by the Town upon the sale of any bonds or notes approved by this vote, less any such premium applied to the payment of the costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this vote in accordance with Chapter 44, Section 20 of the General Laws, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount.
SUMMARY This article will fund the Town's Amended Comprehensive Water Quality Management Plan activities for FY21. The projects next year include the design services related to the Meeting House Pond Area sewers ($831,700) and Owner’s Project Management Services ($213,200); continued monitoring of the Permeable Reactive Barrier demonstration project ($106,600) and planning for PRB’s in the Pleasant Bay, Nauset Harbor and Rock Harbor watersheds ($549,000); Freshwater Ponds Remediation ($85,000) and Lonnie’s Pond Demonstration Project ($40,000).
BOS: 0 – YES 0 – NO 0 – ABSTAIN FC: 0 – YES 0 – NO 0 – ABSTAIN
BOARD OF SELECTMEN OFFICE OF THE TOWN AGENDA ACTION REQUEST ADMINSTRATOR Meeting Date: May 06, 2020
VOTE TO PLACE DEBT EXCLUSION QUESTIONS ON THE ANNUAL ELECTION BALLOT FOR ARTICLE 13. FUND COMPREHENSIVE WATER RESOURCES MANAGEMENT PLAN IMPLEMENTATION/CONSTRUCTION & ARTICLE 17. FUND FIRE STATION HVAC/INTERIM IMPROVEMENTS
REQUESTED BY: Town Administrator DESIRED ACTION: Vote to place debt exclusion questions on the annual election ballot for the follow articles:
a. Article 13. Fund Comprehensive Water Resources Management Plan Implementation/Construction b. Article 17. Fund Fire Station HVAC/Interim Improvements
PROPOSED MOTION: TBD
ACTION TAKEN: Moved By: ______Seconded By: ______Condition(s):
VOTED: Aye _____ Nay______Abstain ______
BOARD OF SELECTMEN OFFICE OF THE TOWN AGENDA ACTION REQUEST ADMINSTRATOR Meeting Date: May 06, 2020
FURTHER DISCUSSION ON TOWN MEETING PLANNING AND POSSIBLE OPTIONS TO CHANGE DATE, TIME OR PLACE
REQUESTED BY: Board of Selectmen DESIRED ACTION: Further discussion on Town Meeting planning and possible options to change date, time or place. a. Review of proposed legislation (S.2673) that would allow a reduction in the quorum
PROPOSED MOTION: TBD ACTION TAKEN: Moved By: ______Seconded By: ______Condition(s):
VOTED: Aye _____ Nay______Abstain ______
John Kelly
From: David Lyttle
Hi John
I am on board with any decisions the Select Board make relative to the location. While the ballfield is an interesting idea I don’t think it is a viable location given the accessibility issues, the area where the track is adjacent to the parking lot would be accessible but again we can’t take a chance on the weather unless we are prepared to have umbrellas available for everyone.
I am all set with Asst. Moderators if they are needed.
Thanks, David
From: John Kelly [mailto:[email protected]] Sent: Thursday, April 30, 2020 3:10 PM To: David Lyttle ([email protected]) Cc: Liana Surdut; Cynthia May; Mihaela Miteva; Kelly Darling; Cathy Doane; Mike Ford ([email protected]); Tom Daley; Ron Collins; Peter Van Dyck; Sarah Eaton; Bob Canning; Alexandra Fitch Subject: RE: Town Meeting Date, Time and Location - Concerns about the use of Eldredge Field
Dave,
I am forwarding my communication with staff and Mike Ford on the topic of potential alternative locations for the June 15 ATM/STM. The BOS will be discussing this again next Wednesday and Mike Ford is looking into the town’s ability to hold a town meeting at the NRHS and what flexibility we may have in expanding the location of the ATM/STM on the cover of the warrant this will published in the Cape Codder. Once the warrant is sent to the newspaper on May 14, any change in the date, time or location of the ATM/STM will be under your statutory authority.
The other option that is not mentioned below would be a greater utilization of the Middle School facilities to include both the small gymnasium and the cafeteria to accommodate town meeting voters utilizing the same 6 foot spacing of all chairs. The expanded use of all three Middle School areas to accommodate the ATM/STM would provide the greatest opportunity to provide as safe a venue as possible. Planning for three locations will require coordination of A/V communications, appointment of two Asst. Moderators and additional tellers.
Please let me know your thoughts so I can include them in the BOS packets tomorrow afternoon.
Thanks. John
1 From: Tom Daley
Ron and I agree on the below. We recommend pursuing the high school asap as an option. Ron and I will asap pursue the middle school question posed below.
Thomas E. Daley, P.E. Director of Public Works & Natural Resources 40 Giddiah Hill Rd. Orleans, MA 02653 (508) 240-3790
From: Ron Collins
Hello Gentlemen:
Aside from the inability to control the weather and bugs, Eldredge Field, in my mind, also fails as an adequate venue for following reasons:
There is no reasonable accessibility access to the field. Anyone a wheel chair would most likely have to be carried.
The Restroom access to the field has even more accessibility obstacles as there is no clear pathway from the field.
The lighting would most likely require enhancement to allow reading.
A PA system would require an electrical infrastructure specially created for the event.
Why not think about using the Nauset High School Gym? The bleachers and floor space create a much bigger venue.
RC
From: Michael Ford
John,
2 I will call you tomorrow morning to discuss further. Mike Get Outlook for iOS
From: John Kelly
Mike,
The BOS discussed trying to plan for a June 15 ATM/STM in light of the Governor’s closure order extension through May 18? The warrant is going to press on May 14 and the BOS has already voted to postpone the ATM/STM to June 15 at 6:00 pm at the Middle School Gymnasium. Given our 200 registered voter quorum requirement, the BOS asked about the possibility of holding the ATM/STM outside and during the day at Eldredge Field? You and I discussed this possibility earlier today.
What are the BOS options to further change the date, time or place of the ATM/STM after the warrant goes to press on May 14? Certainly if state legislation is enacted in the near future that allows the BOS to formally reduce the quorum requirement to 100 registered voters, we may be able to space the chairs in the gymnasium in order to ensure physical distancing of the chairs and participants and not have to consider an outdoor location.
I have copied Tom Daly and Ron Collins on this message and would ask them to calculate how large an area would be needed to set up a town meeting in the ballfield if a minimum of 200 chairs spaced 6 feet apart, along with head tables for the BOS, Fin Com and a podium for the moderator. If we are considering an outdoor town meeting, we also need to look at the need to erect tents for cover from adverse weather and an outdoor PA system . The size of the area to be covered would need to factor into the number of tents needed.
I have also copied Cynthia May and would ask her to circulate a copy of her gymnasium diagram that shows the normal setup for the tables, podiums and folding chairs so Tom and Ron can determine how many people we could actually accommodate in the gymnasium if we utilize the same 6 foot spacing for the seating area?
The BOS wants to have this discussion on their agenda next Wednesday, May 6.
Thanks. John
John F. Kelly Town Administrator 19 School Road Orleans, MA 02653 508‐240‐3700 x 2415 [email protected]
3 HOUSE 4398: AN ACT RELATIVE TO MUNICIPAL GOVERNANCE DURING THE COVID-19 EMERGENCY (summary reflects text as redrafted, title as changed and as reporting in part)
SPONSORS: Senate Committee on Ways and Means
LEGISLATIVE 2/5/2020 H4367, published as amended; passed to be engrossed HISTORY: 2/10/2020 Read and referred to the Committee on Senate Ways and Means
EXISTING LAWS AFFECTED: None
PROPOSED Allows the select board of a town not having a representative LEGISLATION: town meeting form of government to vote, in consultation and with the approval of the town moderator, to prescribe the number of voters necessary to constitute a quorum at any town meeting held from the Governor’s March 10, 2020 declaration of a state of emergency until 30 days after the termination of the state of emergency so long as the quorum number is not less than 10 per cent of the number that would otherwise be required.
Requires the select board to publish notice of its intention to consider an adjustment of town meeting quorum requirements not less than 7 days before the vote of the select board and to provide for adequate means of public access that will allow interested members of the public to follow the deliberations.
Limits a town meeting held with a reduced quorum to take up only those matters related to their budget or necessary to meet a federal deadline and prohibits warrant articles other than those adopted by the select board.
Allows the moderator in a town having a representative town meeting form of government to request the town meeting to be held through remote participation, including, but not limited to, by means of a video or telephone conferencing platform if the moderator determines that during the Governor’s March 10, 2020 declaration of a state of emergency, it is not possible to safely assemble the town meeting members and interested members of the public in a common location.
Requires a platform used by a town meeting for remote participation to provide for: (i) the moderator, town meeting members, town officials and any other interested members of the public to identify and hear the moderator and each town meeting member who attends and participates in the town meeting, as well as any other individuals; (ii) the ability to determine whether a quorum is present; (iii) a town meeting member, town official or other individual to request recognition by the moderator without prior authorization; provided, however, that the request is visible or audible to the public in real time; (iv) the moderator to determine when a town meeting member wishes to be recognized to speak, make a motion, raise a point of order or object to a request for unanimous consent; (v) the moderator to recognize a town meeting member, town official or other individual to speak and to enable that person to speak; (vi) the ability to conduct a roll call vote; (vii) any interested members of the public to access the meeting remotely; and (viii) the town meeting to be recorded.
Requires registered voters residing in the town wishing to participate in a remote town meeting to submit a request to participate to the town clerk not less than 48 hours in advance of the town meeting.
Requires the town clerk to provide instructions for participation in the remote town meeting after verifying the voter registration status of the person requesting to participate in the remote town meeting.
Requires the select board, within 10 business days following receipt of a written request by the moderator to hold town meeting remotely by means of the video or telephone conferencing platform, to vote to approve or deny the request.
Requires the select board, if it votes to approve the request of the moderator for remote participation, to issue a warrant or notice that expressly states that the town meeting shall be held remotely, the date and time of the meeting and any information necessary to access and attend the town meeting remotely.
Requires the town meeting members present and voting at the meeting, before taking any other vote, to vote on whether or not to continue conducting the town meeting remotely by means of the chosen platform.
Requires a town meeting held through remote participation to be recorded, preserved and made publicly available on the town’s website for not less than 90 days after the conclusion of the town meeting.
Allows a select board, in consultation with the town moderator, to vote to hold town meeting outside the geographic limits of the town if the board determines that it is not possible to adequately conduct town meeting in a location within the geographic limits of the town that ensures health and safety during the Governor’s March 10, 2020 declaration of a state of emergency.
Allows a mayor who is unable to submit an annual budget for FY21 to the city council within 170 days after formation of the government as a result of the Governor’s March 10, 2020 declaration of a state of emergency to submit the budget to the city council within 30 days after the termination of the declaration of emergency or on July 31, 2020, whichever is earlier.
Allows a city, town or regional school district, under certain circumstances, to approve a payment for the period beginning on or after March 10, 2020 through the remainder of fiscal year 2020 on an existing service contract for school or education-related services entered into by the school committee or district or a service contract renegotiated or modified by the school committee or district, in order to maintain the availability of and access to the services secured under the underlying contract between the parties.
ESTIMATED FISCAL This legislation has no cost to the Commonwealth. IMPACT:
(AHC)
BOARD OF SELECTMEN OFFICE OF THE TOWN AGENDA ACTION REQUEST ADMINSTRATOR Meeting Date: May 06, 2020
STAFF UPDATES ON F.W. WEBB PROJECT APPLICATION AND ORLEANS DOWNTOWN STREET SCAPE CONSTRUCTION
REQUESTED BY: Board of Selectmen DESIRED ACTION: Receive a staff update on the F.W. Webb Project Application and the Orleans Downtown Street Scape Construction.
PROPOSED MOTION: N/A ACTION TAKEN: Moved By: ______Seconded By: ______Condition(s):
VOTED: Aye _____ Nay______Abstain ______
Town of Orleans Director of Planning and Community 19 School Road Orleans Massachusetts 02653-3699 Development Telephone (508) 240-3700 – Fax (508) 240-3388 George D. Meservey
To: John Kelly, Town Administrator From: George Meservey, Planning Director Subject: FW Webb Application, 17 Nell’s Way Date: April 30, 2020
FW Webb has submitted plans for a retail store, showroom, office and warehouse on the site of the former Underground Mall. The proposal includes removal of all existing buildings on the 3.6 acre parcel, and construction of a free-standing 38,329 s.f. building. The following is the status of regulatory approvals:
• A formal Site Plan was approved on March 4, 2020 by the Site Plan Review Committee. The submission included a lighting plan, landscape plan, and alternatives for improving the corner of Nell’s Way at Baker’s Pond Road. The committee accepted the turning plan showing an 18’ radius (attached).
• Applicant applied to the Old Kings’ Highway Regional Historic District Committee for a Certificate of Appropriateness for the building, signs, and new retaining wall. The matter was scheduled to be heard in April, but the Committee has not held any meetings since the State of Emergency was declared. When Town Hall is reopened, the committee will need 7-10 days to advertise for the hearing.
• The applicant is also waiting for a hearing before the Zoning Board of Appeals. The project requires Special Permits for (1) commercial space greater than 2,500 s.f., (2) a lot in two zoning districts, and (3) a reduction in required parking spaces.
• Both of the above open applications are subject to the recent extension granted by the MA Legislature, which extended all permits and approval deadlines 45 days after the end of the State of Emergency.
• An evaluation of potential Cape Cod Commission jurisdiction was reviewed with Jonathan Idman, CCC Chief Regulatory Officer. The proposed building does not create 10,000 s.f. of additional commercial space, nor is the outdoor display area larger than 40,000 s.f.. It was therefore determined that the project does not require a mandatory referral to the CCC as a Development of Regional Impact. However, any regulatory board, or the Board of Selectmen may make a Discretionary Referral of the project and ask for its review as a DRI.
BOARD OF SELECTMEN OFFICE OF THE TOWN AGENDA ACTION REQUEST ADMINSTRATOR Meeting Date: May 06, 2020
VOTE TO AWARD THE 2020 - 2021 SARAH BROWN SCHOLARSHIP
REQUESTED BY: Town Administrator DESIRED ACTION: Award the 2020-2021 Sarah Brown Scholarship.
PROPOSED MOTION: I move to award the 2020 - 2021 Sarah Brown Scholarship in the amount of $2,000 to the recommended recipient.
ACTION TAKEN: Moved By: ______Seconded By: ______Condition(s):
VOTED: Aye _____ Nay______Abstain ______
BOARD OF SELECTMEN OFFICE OF THE TOWN AGENDA ACTION REQUEST ADMINSTRATOR Meeting Date: May 06, 2020
VOTE TO PARTICIPATE IN REGIONAL COMMUNITY DEVELOPMENT BLOCK GRANT FOR COVID-19 EMERGENCY FUNDS
REQUESTED BY: Town Administrator and Alice Boyd DESIRED ACTION: Vote to participate in Regional Community Development Block Grant for COVID-19 emergency funds
PROPOSED MOTION: TBD ACTION TAKEN: Moved By: ______Seconded By: ______Condition(s):
VOTED: Aye _____ Nay______Abstain ______
TO: ORLEANS SELECTBOARD CC: JOHN KELLY, TOWN ADMINISTRATOR FROM: ALICE BOYD, BAILEY BOYD ASSOCIATES DATE: MAY 3, 2020 RE: PARTICIPATION IN CDBG COVID-19 GRANT
The Federal Coronavirus Aid, Relief, and Economic Security Act, signed into law March 27, 2020 included Community Development Block Grant (CDBG) funds for each state to assist local communities in meeting the COVID-related needs of low to moderate-income residents. The Department of Housing & Community Development will be making $19m available to non- entitlement communities statewide (non-entitlement cities and towns do not receive CDBG funding directly from the Federal Government and must compete for funds passed through the State). We expect DHCD to release applications imminently and they will be expedited.
The Town of Truro is currently the lead community for a regional CDBG grant and is inviting the town of Orleans to participate in an eight-town regional application that will provide two programs to benefit Orleans residents. The public hearing for this project will be conducted on May 12, 2020 and will determine the final application contents however based upon input from local social service agencies we anticipate applying for the following:
Small Business Forgivable Loans & Microenterprise Forgivable Loans
This loan fund would provide forgivable loans tied to job retention. The funds could be used by local businesses to bring back employees, or pay the overhead and costs of doing business. Businesses who retain employees for a set period of time would have their loans forgiven. Seasonal businesses are accepted into this program. We anticipate that 70% of the program funds will be utilized for this program.
Mortgage and/or Rental Assistance
These funds would benefit local residents with up to three months assistance on meeting rent and mortgage obligations. Residents must be income qualified and be determined as low-to moderate income. We would require applicants to verify that they had first negotiated with their mortgage lender or landlord previous to applying. Payments would be made directly to the lender or landlord. The local organizations that were polled recommended that 30% of the program funds be utilized for this program.
There is no cost to the town of Orleans and there is great benefit to residents however there is a requirement to participate:
9 Hillside Road Scituate, MA 02066 Phone 508. 430. 4499 Fax 508. 430. 4498
• The Select Board must vote to participate in FY19 CDBG-CV grant and sign two copies of a “Joint Authorization Form” (attached) and return it to me as quickly as possible
Proposed Motion: Move to participate in the regional FY19 CDBG-CV grant for Small Business and Microenterprise Loans along with Rental and Mortgage Subsidies program.
Our goal is to get the signature pages back as quickly as possible so that we don’t miss out on this opportunity.
Thank you for your consideration.
9 Hillside Road Scituate, MA 02066 Phone 508. 430. 4499 Fax 508. 430. 4498 MASSACHUSETTS COMMUNITY DEVELOPMENT BLOCK GRANT - CORONA VIRUS Community Development Fund 2019-CV Joint Application Authorization: Orleans CDF-2019-CV Truro
MUNICIPALITY: ORLEANS
Contact Person:
Name: John Kelly Title: Town Administrator
______Signature of Chief Elected Official
______Printed Name of Chief Elected Official
______Title of Chief Elected Official
BOARD OF SELECTMEN OFFICE OF THE TOWN AGENDA ACTION REQUEST ADMINSTRATOR Meeting Date: May 06, 2020
DISCUSSION ON NEXT MEETING DATE AND ITEMS FOR FUTURE AGENDAS
Requested by: Topic: Requested to be on: