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running and allow you to focus on growing your business. 877-6342638 or meganet.net. John's Liquor 729 Main Street, Falmouth 5085482287. regular Monday, February 23rd meeting. Please join me in the pledge of
>> allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. >> Okay. I would like uh everyone to please
silence your cell phones and please notify the chair if you are making a video or audio recording of this open session meeting. The placement and operation of the recording equipment shall not interfere with the conduct of this meeting.
Uh as for recognition, uh I I certainly would like to recognize uh Mr. Waw, Mr. Johnson Stab, all of the people who are at the emergency operations center dealing with the uh with the effects of the summer winter
storm. Uh we'll be ready for the summer storm. >> You'll be ready for it. >> Uh and and certainly all of uh Mr. McCanny, DPW, you know, all the people have been working essentially around the clock uh tirelessly doing what u what
they could do. Is our response absolutely perfect? No. uh it couldn't be, but it was as good as it possibly could be under the circumstances, and we appreciate all that was uh was done for for the residents of Felmont. So, thank you. >> If I could just add, if anybody that has
a snowblower that tried to do this snow and if you didn't get out there in 3 in the morning, it was too late at when we got up in the morning, it was no way. I had to get first time I've had to hire somebody to do my own driveway for >> forever I think actually. Yeah.
>> I'd just like to add to the the recognitions um our school district staff and some youthful volunteers who um have been keeping the the warming center going uh stopped by on my way here and they said they'd had 75 to 100 folks uh through Lawrence School today.
also World Central Kitchen, uh, Pink Door Catering, and Cape Cod Collaborative for, uh, the meals that, uh, the warm meals that they brought to the warming center that, um, are are going out the door and if anyone is, uh, at home and cold, but somehow able to
watch this, um, they still have meals and they're still open for a little while this evening. So, um, there's that. And also, I think just recognition is due to so many residents of Falmouth who have checked on neighbors, uh helped clear
each other's driveways, helped uh respond and um make make the response to this storm um even better than than it it was, right? So, um to everyone uh recognition of
that and recognition just that um so many people uh in Felmouth and across the Cape right now um are cold uh scared, angry um in a lot of cases and uh and understandably so. And
uh just know that we're continuing to work on this and will continue to work on this until we're we're back to to full operations. >> Thank you. Anyone else? Just Mr. Brown, >> one last thing. I was uh pleased and impressed to see one of the found police officers actually shoveling snow to make
a path for an elderly gentleman on Brick Road to get out. And he still had the end of the, you know, by the end of the driveway and that's the toughest part. And I stopped and I said, "I got a steel shovel. I can help you." And he goes, "Ah, I got it. It's only going to, you know, I just got to get over this little bit." I was like, "Okay, way to go." He
seemed didn't seem to mind at all. >> Okay. Thank you. Anyone else? Okay, announcements. Uh, I I have one. So, u u some of my colleagues on the select board felt that we should not be holding the meeting tonight in light of the ongoing challenges faced by the vast
majority of our residents. However, after consultation with our town manager and assistant town manager, it was determined there are a number of items on our agenda which are time-sensitive and need to be addressed this evening.
However, we have advised the various committees that their reports would be given at a future date uh and that items for D, E, H, and I on our agenda will be put on the agenda for for for March 9th.
So, uh having said that, we will move to public comment. Uh if there is public comment, uh it should be noted it may be made on routine matters, not on the agenda this evening. Comments are limited to two minutes. Please introduce yourself and since the matter has not
been included on the agenda, the select board may not participate in the discussion of the topic. Okay. No uh no public comment. So now I have the pleasure of turning this over to Mr. Wrenchure uh with respect to our
appointment of the fire chief. >> Thank you, Mr. Chair, and good evening everyone. Um before I introduce our uh appointee for the next Felmouth Fire Rescue Chief, I want to give the community and the select board kind of an overview of the process. Just so everyone is aware. Um as some of you may
know, the town retained the services of uh the same uh recruiter uh fir recruiting firm that we utilized for the police chief recruitment a few years ago, Public Safety Consultants LLC. Uh they assisted us with this fire chief uh recruitments. Um they designed and
conducted what we all consider Peter and myself consider a very professional professional assessment center to evaluate our finalist candidates. Um my office established a resident interview panel uh comprised of six uh community residents uh from throughout the town
and three senior staff members. Mr. Chairman and select board a total of 35 applications were received during the recruitment period. Uh we did have to extend because we noticed that there was a bit of a delay in posting to the Massachusetts Fire Chief um web page. So we did extend the recruitment, but a
total of 35 applications were received. Uh four candidates ultimately were selected to move on to that final round of interviews and assessment phase which were conducted on January 9th and January 10th respectively. Um following this very thorough recruitment and evaluation process and by thorough I mean it was thorough. I want to thank
public safety consultants for the job that they did and certainly all of the candidates for the uh the work and the effort that they put in. Uh but following that whole process, uh we are very very pleased to bring forward Mr. Jeff Lewis. Uh Jeff is here tonight with his wife. Um Jeff has actually been here
with his wife since Saturday, I believe earlier. And uh so we uh we appreciate Jeff's um patience as we navigated uh Winter Storm Hernando, which came through with a vengeance. Um but at any rate, uh Mr. Chair and Select Board want to introduce Mr. Lewis as uh uh my
recommendation for appointment to uh the Felmouth Fire Rescue Chief position. Mr. uh Lewis brings more than 31 years of progressive full-time service, fire service experience, which includes very extensive experience in leadership positions both within the firefighting
and emergency medical services field, fire suppression and inspections, emergency management, technical rescue, and large disaster response. Um, emergency response and emergency management are certainly one of Jeff's skill sets. He currently serves as a battalion chief with the Fairfax County
Fire and Rescue Department in Virginia, uh, which is a 39 station department with approximately 1,500 total personnel. It's one of the largest and definitely most highly respected and regarded combination fire rescue departments in the country. Jeff's uh direct operational command
experience includes includes responsibility for all fire, rescue, and EMS activities within a battalion consisting of six fire stations and 62 assigned personnel, including 21 frontline apparatus within those assigned to those stations. Jeff has
commanded emergencies ranging from just those routine medical responses to more complex hazardous material incidents and multi- alarm structure fires involving more than 100 personnel and 30 apparatus. Jeff's experience reflects deep hands-on leadership of both fire suppression and advice advanced life
support EMS operations. In addition, Mr. Lewis has served as battalion chief and program manager for the Fairfax County urban search and rescue program. Um, one of uh the things that stood out in Jeff's resume is his vast experience um in and expertise in urban search and
rescue. Jeff has managed a $40 million plus program within that urban search and rescue uh program uh comprised of more than 200 personnel and he has led domestic and international disaster deployments. His experience with the urban search and rescue includes
budgeting, strategic planning, operational readiness, and multi- agency coordination at the state, local, federal, and even international levels. In recognition of his exemplary service with Fairfax County, uh Mr. Lewis uh was awarded his department's silver valor
award and career achievement award. Mr. your chair and select board. We're very excited to bring uh Chief Lewis's operational command and emergency manage management experience, EMS leadership background, and demonstrated commitment to training, preparedness, and professional standards to the Felmouth Fire Rescue Department. I want to
mention that as uh Mr. Lewis uh and his wife currently live out of state. I am requesting that the board uh consider waving the department head residency requirement for this particular appointment as stated in article 5, section 4 of the town charter. Mr. Lewis um has had conversations with my office
and HR um and will seek to relocate to Felmouth contingent upon the board's approval of this uh recommended recommended appointment. So uh Mr. Chairman and select board, it would be my recommendation that the select board approve and affirm the town manager's appointment of Jeff Lewis as the town's
next fire rescue chief. Um we're also recommending, as I mentioned, the select board consider waving that department head residency requirement for Mr. Lewis as stated in article 5. And with that, um, Mr. Lewis, I don't want to put you too much on the spot, but again, I want to thank you for your patience as we,
uh, as we kind of try to get the roads cleared out and, uh, through this storm. Um, but did you have a few words that you wanted to say to the board before? >> Uh, sir, >> if you could step up to the podium >> to the chair. >> So, uh, uh, good good evening. I I am I
am very very pleased to be here. Um as as I know you have a very full agenda. I will be very brief. Uh chairman members of the select board, town leadership and the community of Falmouth. I I thank you very much for for placing trust in me and and actually I am truly honored to
to be considered for appointment as the fire and rescue chief for the town of Felmouth. Uh, as the first potential chief from outside the department, I acknowledge Falmouth's proud history, respect the work that has been done before me, and appreciate the opportunity to help lead the next
chapter. As I mentioned several times during the selection process, if you were to ask me to create the perfect department for me to step into, this this is it. And I I just regard this as a phenomenal opportunity. Leadership
roles in public service are are full of challenge and opportunity. And what I can guarantee you is full commitment and effort if I have the opportunity to collectively leverage the history and successes of the department to ensure that it is the finest agency it can possibly be.
>> Thank you. Uh just one question, Mr. Renuer. Uh when would Mr. Lewis be able to start his uh >> That is a great that is a great question. We're currently um you know following um what I hope is a positive affirmation of my recommendation. We'll we'll negotiate that start date with uh with Mr. Lewis. Um, we're hoping to get
them in as soon as possible. >> Okay. Thank you. >> And Mr. Chair, if you and there may be some other questions. I'd be remiss if I didn't, and I don't think Mr. Lewis is going to mind me acknowledging the uh the great efforts um of uh acting chief Chad Abston. I want to personally thank
Chad for his professionalism, dedication. This is one of the gentlemen that hasn't slept much over the past three days. Um he's literally been he took that role of uh emergency management director and he's really run with it. So, I'm very proud and very uh very pleased with Chad's professionalism
and dedication. So, thank you, Chad. >> Yeah. Thank you. Um, Mr. Brown, >> yes. I I if I could, I'd just like to ask you a question about the um the your former service seemed very similar to ours in size and scope with the six
stations and 62 personnel. But I wonder about things like the uh union negotiating part of it. Is that a similar situation in Virginia? Are you familiar with >> uh certainly the uh I I have to be careful. I I always refer to Virginia as the Commonwealth. This is also a
Commonwealth, >> right? >> Try to keep it straight. Uh in the Commonwealth of Virginia, uh just relatively recently in the past few years, it it ceased being a right to work state. So, we actually went through the process of negotiating a collective bargaining agreement with the uh the
local that represents the majority of the personnel within the department. uh I was not part of the negotiating team, but when the collective bargaining agreement was constructed, I had to perform a very extensive review and actually enter into a little bit of negotiation uh in relation to the the
position I occupied prior to the current one that I have because there were some impacts that the bargaining agreement had on our operations and we had to get those ironed out. >> Sure. And they do here as well. >> Great. Thank you. I'm glad you're familiar with that.
>> Anyone else? Yes. Um I know uh Fairfax County uh as a whole has been has contributed um personnel to to efforts as far a field as as California, Hawaii in in some cases. Um but I'm guessing that emergencies the like of what we've
been dealing with here this week are are not terribly common in in Fairfax, Virginia. And I'm just curious if you from having been here for the past few days um if you have any observations or or thoughts um about the some of the kinds of events that um you'll have to
lead responses to. >> Well, I can say without a doubt that your abilities to clear snow are exponentially better where I currently reside. Um we short answer yes. I guess we we have a
different set of natural occurrences where I currently work. Uh most of them involve water events, but uh we have had several widespread local events. Uh and certainly with my previous experience with with USAR, I mean it's ranged all
the way up into extraordinarily complex disasters. Um I I can't say that I'm I'm 100% prepared for everything. No one is. But uh I certainly feel that I'm I'm I'm well grounded in what I would need to manage events here. >> Mr. Reed.
>> Yeah. Uh having the benefit of living in the Commonwealth of Virginia for a short time in DC, um I truly know the the emergencies that you have to deal with. We we live those and you had a very hard job down there. My question is um in
today's world, it's no it's no longer just about incident and command response. It's also um crisis communications and public info kind of response as well kind of in tandem. Can you talk about that from your perspective in Fairfax? How that has
kind of evolved and um the the dual role and the dual nature of both >> you yes it is amazing nowadays nothing travels faster than the speed of social media. Um and and I have grown up in the
department as it has worked on messaging from dealing with literally print media to to where we are now. And and as the department has grown with those challenges, I have had the opportunity to grow with it. Um I from a from a
simple messaging standpoint, I do have PIO experience. Uh so there's there's that piece of it. Um, and then also from a department perspective, I where I currently work in inspections, it is vitally important that you have the ability to communicate the appropriate messages to the community regarding
their safety and regarding what they can do to keep themselves safe and regarding what they can do to work with the department collaboratively to make the entire community safe. So, yes, I think it is a a crucial aspect of what we do. Um, and it's going to continue to evolve and I hope to continue to evolve with it. >> Sounds good. Thank you.
>> Yes, Mr. Brown. And uh when I was a kid, I lived in Flores, which is part of Fairfax. I went to Flores Elementary School in fourth grade and went to Flores Church and lived in a little town of Florence. I don't know if it was a town. I don't remember. I was so little. But with that, I'll I'll make a motion
to appoint and affirm the appointment of Jeffrey Lewis as the town's fire chief. >> Second. >> Okay, we have a motion and a second. Any further discussion? >> Motion. >> Okay. >> No, I'm sorry. I was talking to Peterson. >> Apologies. Uh, no further discussion. All in favor?
>> I >> I Okay, Mr. Brown is to the second motion. >> Second motion is uh motion to wave the department head residency requirement for Jeffrey Lewis and understanding that it's only temporary in nature until you can get settled, right?
>> Yeah. Correct. Yes. Okay. >> I make that motion. >> Do we need to stipulate that? And I can't remember if we've done that in the past to >> We have not at the department level stipulated a timeline. I know uh Mr. Lewis has indicated to me, Mr. Chair and select board that that is his intention, but we have not seen
>> pretty difficult to do. >> It's a long commute. >> Long commute. >> Okay. Well, I take that as a motion, Mr. Brown. Is there a second? >> Second. >> Okay. We have a motion in a second. Any further discussion? >> No. >> Hearing none. All in favor? >> I I
>> Thank you. And also, thank you, Mrs. Lewis, for being here and supporting uh supporting your husband. We look forward to you being a good resident of the town of Falmouth. Thank you. >> Thank you. Good luck. >> Okay, we're going to move on very quickly to the consent agenda.
Uh and um if if any matters are held uh we're going to just put them off to the next uh to the next meeting. Okay. So, uh the first is license consider a vote to approve an application from historic Highfield, Inc. located at 56 Highfield
Drive, Felmouth, for two special 1-day wine and malt liquor licenses for Falmouth jazz concerts on Sunday, March 1, 2026 and Sunday, May 3 May 3rd, 2026. Administrative orders consider a vote to
approve the petition of NStar Electric Company, DBA, Eversource Energy, and Verizon New England, Inc. for permission to install one new JO pole to be labeled 10873 approximately 135 ft from 10872.
This work is necessary to provide electric service to 481 Quaker Road in North Falmouth. Number two, consider a vote to approve a request from the police department to expend funds from the DARE grant donations account 28-210-5210-5780
in the amount of $3,55 for the purpose of purchasing items to collaborate with the children of the town of Felmouth and Felmouth Public Schools. Number three, consider a request from the 250th anniversary task force for a
variance to sign code section 184-7 placement and 184-32 off- premises signs to hang banners containing quotes related to the American Revolution and with information on the Falmouth Historical Society's
exhibition on the American Revolution on polls on Main Street. >> Hold, please. >> Okay. Consider a vote to approve a request from Falmouth Commodore's Baseball Club for a variance to sign sign code 184-7
placement and section 184-32 off premises signs to hang Felmouth Commodore's flags on the light poles on Main Street. >> Hold please. >> Consider number five. Consider a vote to approve a request from St. Barnabas
Church for a variance to sign code 184-30C. Special events for the display of temporary promotional signs in excess of the number of days permitted and in excess of 32 square ft on the property at 91 Main Street.
Sorry. Number six, consider a request from far found with Farmers Market for a variance to sign code 184-32, off- premises signs for 13 yard signs and sign code section 184-30C, special events for a banner at Mullen
Hall School for the Falmouth Farmers Winter Market on Sundays until March 29th, 2026. Consider a request from the Felmouth Fireworks Committee for a variance to sign code section 184-30C
special events to hang a temporary banner at the south end of Fmouth Heights Ball Field for the Fourth of July fireworks. Number eight, consider a request for the sorry, consider a request from the coastal resilience specialist to apply
for a grant under the FY27 Municipal Preparedness Vulnerability Program, MVP action grant for water main resilience. Number nine, consider a request from the Falmouth Fire Rescue Department to apply
for the FY2026 firefighter safety equipment grant. And number 10, consider a request from the Falmouth Fire Rescue Department to apply for the FY2026
student awareness of fire education SAFE and senior SAFE grant. Okay. Okay. Other than with respect to items four and five. Is there a motion? >> Three and four. >> Oh, I'm sorry. Three and five. >> I move uh approval of the consent agenda
with the exception of administrative orders three and four. >> Second that. >> Okay. We have a motion in a second. All in favor? >> I I >> Okay. With respect to your holds, is this something that uh that that we would want to be able to have the applicants here to be able to discuss?
If we do, then I'm going to recommend that we just put these over to our next agenda item. >> Yes, I would uh move that we uh I guess postpone these items to the next meeting. >> Okay, that's what we'll do. Thank you. >> I'd ask what the
>> concern might be if >> uh I haveial I would say slightly different concerns on on each of the two. Um, and uh would also uh I think like for this board to discuss the um new signed guidelines that were part of the package here that um I don't think
we've we've seen before. So, >> okay. Okay. Fine. We'll uh we'll put those over onto the next agenda. Okay. So, now we have a public hearing uh to discuss and consider a vote to approve a request from Anes.
Yes. and Hollis Herszfield of Devour Artisan Eery for a variance to the flow neutral bylaw for a proposed increase in seating of the restaurant at 352 Main Street unit 3 parcel ID 38A 0900400A
Dr. Goldstone for the notice please >> you I apologize uh Mr. Chair, >> here you go. >> Struggling with my technology this evening. Thank you. >> Okay. >> Notice of public hearing. Notice is hereby given that the select board of the town of Felmouth will hold a public hearing uh says Monday, but Wednesday,
February 25th, 2026 uh at 6:45 p.m. in the uh select board meeting room uh at town hall uh on the application of Anes and Hollis Hersshfield of Devour Artisan Eery for a wastewater flow variance under chapter 180 section 56 of the code
of Falmouth the so-called flow neutral bylaw for increased flow for a proposed increase in seating of the restaurant at 352 Main Street unit 3 in said Falmouth parcel 38A 0900400A per order of the select board that was
published uh with the original meeting information on Friday, February 6th. >> Okay, Mr. Renaw. >> Thank you, Mr. Chair. Um, as you see in your packet, a building permit application has been submitted by the owners operators of Devour Artisan Eery um which generated uh the uh review
under the flow neutral bylaw. Properties within an existing sewer service area and the existing building on the property is connected to the municipal sewer system. The applicants propose to increase the seating of the restaurant from 12 seats to 45 seats in order to enhance the economic viability of the
business and uh I direct your attention to an email from the business uh dated February 19th to that effect. Wastewater superintendent and the health agent on behalf of the board of health have reviewed this request and submitted memos and you please reference those attached. Uh the proposed increase in
seating requires a flow neutral bylaw variance because it would increase peak wastewater flow from the parcel by more than 10%. The proposed redevelopment would increase peak or title 5 wastewater flow from the parcel by 1,155 gallons per day. It was determined that
sufficient capacity does exist uh for this redevelopment. There's an 80,230 gallon per day average annual permitted discharge capacity remaining uh for flow increases from byight development and from flow neutral bylaw variances. The
outfall as you all know the outfall discharge is being projected to be available by 2032. And again, Mr. chair select board copies of uh both the u the memo or email from the health agent um regarding the title 5 septic and the um uh memo and
determination by the wastewater superintendent that adequate capacity exists are included in your packet. >> Okay. Would the applicant like to step up to the podium in case we have some questions? >> Sure. >> Thank you. Introduce yourself. Hi, my name is Anest Herschfield and I'm
speaking on behalf of myself and my husband Hollis Hersshfield. We're the owners of Devour Artis and Eery. We've been uh business there for six plus years and we're really just trying to get a little bit more usage um of your
sewage pie and um hope that you all will look favorably upon it. Um, it's very helpful to us. Um, I think you can see in my letter I kind of wrote down a bunch of stuff. I'm happy to read that letter out loud unless you want to just look at it yourself. >> We've we've seen it.
>> Okay, great. Um, basically just requesting exactly what I asked for and that, you know, we've again been a business for six plus years and last year we um generated $600,000. 200,000 of that went to um seasonal and summer
jobs, mostly seasonal. Um we don't normally close down for the winter time. Um we like to be open and we do a lot of stuff for the community and we're just trying to continue to make it viable for ourselves and um and the community and happy to answer any questions. >> Yeah, a couple. Um I'm familiar with
your your space. It's a great place, but uh it does seem like a rather major increase. you know, I mean, honestly, it's a little tight now with 12. I'm just wondering, you know, where are all those other people going to be sitting? >> So, we have quite a large kitchen at at
the moment. So, we're actually taking half of our kitchen and we're putting in seating in that in that way. >> Okay. And and the second question is, if the variance is granted, what do you what do you expect that $200,000 number
uh to increase to? I mean I think I can't give exact numbers but I'm hoping that it will at least you know in the first year go up 10% and 10% and 10% and 10% which is the sort of average
projection when you're working with restaurants. >> Okay. I mean it's you know it's overall and what our capacity is with respect uh you know to to to the flow it it doesn't seem like a large amount but but every
little bit is certainly um going to affect us down the road. Um >> absolutely >> is is there a um is is there a number of seats that that would be a break even if if the board felt that too this was a little too much. Um, I'd definitely be
open to the board and to the consideration of a lower number. Um, I also wanted to say that um, we're going to be expanding our evening hours and that's kind of where those numbers go, but our occupancy in the daytime is
going to be staying the same. Um, we're not planning on we have a a way to sort of block off some seating that's kind of a little bit different. So, we are planning to keep it exactly the same. Um, and just really when it comes down to it, the the evening hours we find
will help us. And 45 seeds seemed like the the kind of number to go with that would really help um our business and be able to continue to um offer jobs and and really keep our business afloat. >> Okay. Thank you. >> Welcome to talk about.
>> Any other questions? >> Um, I would just say as a restaurant owner, I wouldn't use the term sewage pie. I it's been a a phrase that we've been using only because when I try to explain it to people, they're like, "What?" And I'm like, "You know, there's a pie, a piece of the pie, and like you know,
there's one big pie and we're trying to get a little piece, you know, whatever." Anyway, so yes, I 100% agree with you. Well, that won't be like a specialty sandwich or anything like that. >> So, usually I'm not sure, but don't we usually have a floor plan, proposed floor plan with these, or is that just with liquor license?
>> We do have a proposed floor plan. >> Okay. I didn't see it in here. So, >> I guess it's not really relevant to the conversation. It's about the flow. >> You know, as with most of these, when it's economic or housing, I'm I'm really usually in favor of just continuing to
move forward. And I know we we're supposed to be careful and all, but just get that outfall going faster or a little more discharge where we are, whatever it takes to keep things going. >> Yeah, I I I certainly agree. And um but I do think uh you know not necessarily
for for this application, but I do think that uh and it was mentioned by uh our water our wastewater superintendent uh Amy Lel at our last meeting that we really you know need to take a you know a new look or a better look at the flow
neutral bylaw to see if it can be improved a little bit. and and I and I certainly think um you know the the um the condition about the economic uh piece you know in my opinion needs a little work going forward. I mean just
improving you know having more people working there. I'm not sure that that's you know the economic uh you know what we're looking for necessarily but as I say I mean that's what it is now and that's what we'll be uh we'll be working under. But I do think uh we need to take
a look at the flow neutral bylaw uh and maybe make some changes to it. >> I I would second what Bob says. Um I appreciate what you say in regards to um having to take a look and we got we should definitely put this on an agenda
to look at the flow neutral bylaw. But without any kind of forecasting that we talked about, you know, our policy is yes. Um, and I think we also we have an US problem. It's not a small business problem where we don't have the metrics
on how to economically develop things. It's not in our strategic plan. It's not in what are the metrics to be successful or not. So, in this case, I think we should support as much as possible a small homegrown business opportunity
that wants to expand to diversify sources of income, meaning expanded hours. um and expanded service um in ways that you know it's better than bringing in more big box stores or big chains. This is small local homegrown. I
think it should be a no-brainer. >> I would agree and I would say actually you you already answered uh the one question I was going to ask you Miss Hersshfield which was whether this comes with expanded hours as well as expanded seating. Um, and in my mind that puts this into a different category where it's not just expanded seating. This is
almost a new restaurant, right? This is an added option for dinner on Main Street um that we don't currently have. And I think um in that light that pushes me from having started in maybe the category of do we need to do the full um thing to I I really think that we
should. Um, but I guess before we get to that, we need to close the >> Are there any people in the audience that would like to speak to the application? >> If not, a motion to close the public hearing. >> So moved. >> Second. >> All in favor?
>> I. Okay. With respect to the application. Any further discussion? >> No. would like to make the motion to grant the flow neutral bylaw variance for peak title 5 flow increase from the property of 1,155 GDP. >> Second.
>> Okay, we have a motion in a second. All in favor? >> I thank you. Good luck. >> Thank you so so very much. I appreciate you all being here. >> Thank you. >> Crazy out there. >> Thank you for being here as well. Appreciate u. You know, I'm going to switch the agenda a little bit and
actually and you know, I I think it's it's a good time to ask Mr. Renaw to give his supplemental report which I think is going to deal with what's been going on here in town and what our response has been. So, Mr. Reno, >> thank you, Mr. Chair. Uh it has been it
has been crazy out there for the past uh 72 hours. Um I want to uh provide the board uh with an overview kind of the uh the response phase initially obviously uh beginning uh Monday uh early morning uh through tonight with some updates as
far as the uh recovery. Um winter storm Hernando came through with a vengeance. Um we knew it was going to be bad. Um you know what's unique with this storm and unique I've managed along the east coast the Outer Banks with hurricanes. What was unique with in the
southeast with ice storms, what was really unique about this storm is the uh the amount of snow coming down at 1.4 in per hour. Um with uh the addition of high winds um and uh and the that that duo that combination uh really stretched
our response uh resources pretty thinly. Um our DPW crews uh began plowing immediately. There was a there was a a point on Monday um where the visibility conditions dropped so significantly that it was difficult to maneuver the plow trucks. So they did suspend but they
picked right up again when the winds uh subsided a bit. Um Eversource response I think was uh was good. Um I I quite honestly um you know some more advanced staging I think would have been helpful would have bought us a little bit more time, got the resources out in the field
quicker. Um it's my understanding that uh they staged off Cape and then mobilized and moved on to the Cape on Tuesday. And that makes sense. I mean, I'm not an expert, don't don't get me wrong. Um in terms of uh repairing uh lines, a lot of the conditions, they can't send the bucket trucks up when
winds wind speeds are in excess of 35 miles an hour. So, it wouldn't have had made much sense to have bucket trucks out. Um one of the conditions that we experienced on Monday, late afternoon into the evening, however, was a lot of uh uh downed power lines arcing and sparking. when I was in the EOC uh
Monday through Monday night. Um that was a huge concern and it made it difficult for our plow crews obviously to get out and do and do their do their uh their business. So, um, we had a lot of, um, during the response phase, um, and now extending to
the recovery phase, we saw a lot of issues with, uh, facility generators, um, most significantly, um, and we were dealing with that right up through this afternoon, um, was the Gford Street Water Treatment Plant, um, which is our primary plant and the only plant right now that's kind of producing. Um, so it was critical that
we kept that plant going. Uh, we had issues with the generator, uh, supplying power to the plant. once we lost power in that area. Um, and it required us to reach out and partner with and we're very grateful for Eversource. Uh, they identified a a generator and it was a
large generator 1750 kilowatt generator which is large. Um, within a matter of hours that asset was uh was brought to the site and installed. They did the switch over um uh this afternoon and uh and the plant is now operating as as it
should be. Um so that was that was huge for us because that could have been a significant uh issue and we lost that. We had about two 2 and a half million gallons in the air they say in storage tanks um in reserve um but we've been using um throughout the event about 2
million gallons per day. So um we can all do the math. We had about a day's water stored um had we not been able to get the plant on online. So that was significant. Um so we're very grateful to Eversource and that partnership for for finding that asset and bringing it on. Um it was uh Tuesday uh around the
noon hour um when I received and I want to give a shout out and and a huge thanks to uh Senator Dylan Fernandez. It was around lunchtime yesterday that uh I received a call uh from Senator Fernandez asking what additional resources the town needed. Uh we prior
to that myself and others in the EOC had made um requests of uh Massachusetts Emergency Management Agency, MIMA and Barsal County Emergency Management for some additional plow crews because we knew pretty quickly that our not only the DPW crews but also the private
contractors that we hired uh were going to uh were going to be stretched pretty thin. So, um, late Monday, I actually started making those requests. Um, and I think there was some initial, um, research, but we were told, unfortunately, that the plow crews were tied up. We weren't going to see any
more plow assets. So, again, I want to thank Senator Fernandez because less than 24 hours later, I'm on the phone with him and 30 minutes after that phone call, I'm getting a call from someone in the governor's office um, and with MIMA um, uh, directing uh, that stating that
additional resources would be sent. Um just to give a brief overview or summary I should say of those uh additional state and county resources. Uh they were primarily from the county level. I want to give a huge uh shout out and thank you to Barnesville County Sheriff. Um Mr. Tom Ash uh who works for Sheriff
Buckley was instrumental in securing these additional resources. Um, and the resources that came into town this morning and this afternoon and which are literally out in the streets right now plowing uh have been provided by the Nofful County Sheriff's Office and the
Birkshshire Birkshshire Birkshshire uh County County Sheriff's Office. Um, so, uh, want a huge thanks to to both of those agencies as well as our local, uh, Sheriff Buckley, uh, for the assistance that they that they provided, um, reaching out and asking for what additional resources were needed. And
again, importantly, uh, those crews from those, uh, two sheriff's offices are are out on the streets right now and we'll work, I was told by, uh, DPW, Director McConny, will they're planned to work throughout the evening hour, throughout the night tonight, um, through the morning. uh they'll take a brief break
and get right back at it uh tomorrow. Um where we're at now with regards to the recovery and I I want to thank the residents um of Felmouth, I know there's a lot of frustration that things could have been done quicker. Um we we have a we have a street plow plan the DPW does and it really targets in the initial
response phase opening and clearing the uh the main arterial roadways um and then focusing once those are clear um focusing on the secondary collector roads and then the residential streets and I know there's a lot of frustration um uh when your street has been sitting
there with 2 and a half 3 ft of snow and it's 2 days into the event. So I understand that frustration. um crews now have moved the plow crews, both ours and the additional assets have moved from clearing the main arterial streets. Um today actually was that transition
from the main arterials to the collector and residential streets. So a lot of folks and it was primarily in East Felmouth where that transition first hit. Um a lot of folks are seeing now their streets being being plowed. I want to be very clear though that the initial
response is to plow and open the p open the roadway. Um, DPW crews will go back later and clean up the roadways, but right now it's just basically meant to clear a path. Um, and I know that's a lot of frustration, too. Some folks are saying, "Well, this isn't it's not down to the asphalt. This isn't very much of
a plow job." But the the the intent is for this per first pass is to basically open it up and make it safe for passage. Um, I also want to point out because during the past couple of nights in the EOC, there was a lot of concern about uh medical EMS services being able to arrive and fire uh apparatus be able to
arrive. I can tell you this, uh, in the three nights that I spent at the EOC, um, anytime an ambulance was dispatched to a residence where the street hadn't been plowed, a plow truck was sent, uh, in advance of it, literally in front of it. So, we always had that provision. Um, we had to, obviously, it's public
safety. um that quite honestly impacted the response clearing the rest of the streets, having to break that plow crew off from the from the work it was doing, but it it had to be done. Um where we're at now, um as of uh this evening when I
left the EOC at about uh 5:00, um we were at 68% of the uh 400 plus uh lane miles of road in Felmouth had been had been plowed. again that first pass, maybe not down to the asphalt, but that first pass. Um, and they're continuing
to work throughout tonight and tomorrow. I think folks are going to see a significant impact and difference tomorrow throughout um both East, West, and North Felmouth. Again, we're now starting to get really into the collector and residential streets. So, I think people will be pleased with that with that response. Um, and it'll be
more visible tomorrow. Um, Eversource um has an embedded representative in the EOC. Um that person was embedded or placed in the EOC early Tuesday. Um and that person acts as a liaison uh between the EOC command staff and uh and uh the
uh Eversource uh EOC which is located in Yarmouth. Uh and that person has been instrumental in providing the updates that we've been trying to place onto social media over the past 13 hours, 14 hours or so. We've been trying to get more information out. right now. Ever source is it about 68%
>> um >> 70% >> 60 >> 60 60 60 60 60% um folks that um >> uh are are still without power. Um so they're they're working uh diligently uh on their end uh to uh to repair. Um, one
of the major issues that we have currently outstanding is the uh main street corridor and consisting of the the the police department rec center senior center that corridor um that is a main kind of a circuit uh that they they thought they were close to a solution uh last night but they had some some
remaining issues. So they're sending out crews along the Gford Street corridor with I don't remember the name of the apparatus but it basically senses any kind of breaks along that main line that hub. Um, so we're optimistic that they're going to have some resolution to that issue um, sometime either late
tonight or tomorrow. Um, but again, I want to thank the the Eversource crews. I think there'sund what's the number >> 138 uh, Eversource crews. It started out at 87, I believe, and they've added to that over the past 24 hours. So, I think there's adequate resources on the ground
now, both ours um, and uh, the two sheriff's offices that I mentioned as well as Eversource. So, I think our recovery efforts are going to progress. people are going to see a lot more visible results beginning uh you know tonight and uh and into tomorrow morning hours. >> Mike, could you discuss a little bit about the um what is it the ref system
that we have >> for people to sign up for notification? You want to just mention that so people know how they might be able to get get you know >> real time updates. So we have and some folks we have about I don't know 20,000
people that have subscribed to the rave rave alert system. Um and I would recommend for folks who want kind of real time uh updates via text. Um it's a it the feature requires that you go on to the site and subscribe to it. Um it's on the um a couple of places but
certainly right now on the public safety page if you go to the homepage of of town of Felmouth um you'll see the public safety under departments public safety and there's literally a link for emergency preparedness I believe open that link and you can see the uh the link to sign up. I've done it. I did it three years ago when I came on as town
manager just to keep tabs of a couple of different but what what residents will see folks interested in subscribing is a list of uh I don't know 30 or 40 different categories. Um, and so they can literally subscribe to those areas of interest where they want to see. And
in particular, uh, specifically, I should say, to to this event, uh, snow removal, um, inclement weather response, um, are two tabs, um, that, uh, I think I would encourage people to look at. Um, we're still building the system out. Um, but as I said, there's about 20,000, uh,
subscribers now. And it is, it's just another for folks that perhaps don't have a Facebook account because we use social media um, extensively to get information out. This is just another avenue and it operates similar to a reverse 911 where people that the only difference is that there's a subscription to this required versus
just a an automated dialogue out for >> so but the subscription is no cost. >> Yes, I'm sorry. There's no cost. It's a free subscription but it takes that step to go in and consciously consciously subscribe and select which um >> so you wouldn't need internet in order to get this information. You're getting text messages.
>> Correct. Once you subscribe >> Facebook Yeah. Once you because Facebook obviously you need internet. >> That is correct. And it's another avenue, another path I should say for information to flow and uh without uh uh having the internet as a as a requirement. >> I signed up for it today. I was, you
know, I thought that I had been rece I'm pretty sure I've been receiving them in years past and I hadn't really noticed that lately I wasn't receiving them and I was kind of expecting to get one today and then I went on and I realized it was a whole thing that I hadn't done. So I don't know how the alerts happened years
past if it was just default if different system or is this relatively new system? >> Yeah, go ahead. >> Um so it's been a couple of years that uh and it and we rave is the name of the uh the service the company that we uh
that we have this uh provide this through. We we have branded it on the website as Falmouth Alert and we do have two alert systems. So, we have notify me, which is to sign up for meeting notices and and other things like that.
And then Falmouth alert. And it may be a matter of what you've signed up for. And recently with this storm, we pushed out to um you know, almost a full list of 19,000. So, we may have pushed out a notice about this storm to people who
signed up for beach parking, but we just felt like this was important enough that we wanted to make sure that everybody got the information that we were sending out about the storm recovery updates. >> So, it should have over overlapped to the notified me people as well. >> So, what I'm saying is it could be a matter of what you've signed up for.
Maybe you signed up for some things that haven't been active recently, but I would certainly encourage everyone to go to the go to the alerts and sign up. you know, look at both. Look at the Falmouth alert and sign up for, you know, the things of interest, whether it's beach
parking, um the trash and uh recycling schedule, um or emergency alerts, sign up for what's interesting to you so that you can get those alerts. And then at the same time, Falmouth alerts, if there are meeting notices that you want, you know, sign up for those, too. And I found it interesting that the emergency
uh when you sign up for the emergency alerts on the emergency services page, they're asking you for, you know, relevant information that first responders likely to use. Do you have medical conditions? Picture of your pet. >> Yeah, that's another dog in the
>> Right. That's another advantage is that it provides if you um do find yourself in a situation where you're calling 911 for emergency service, that information is going to be available to our emergency dispatchers. Yeah. >> So, it's another another reason that we went with this particular service.
>> Really good good details on that. >> Okay. Thank you. >> Thank you, Mike. >> Okay. Uh so, um we're going to move down to to number F uh which was another one of the timesensitive matters because we do need to vote the recommendations, get
them to the printer so they can be uh included in the final booklet. >> You expecting us to run out of gas here? Uh no, we're moving along very well. So um uh I I just um I I spoke with uh Mr.
Johnson Stab and and and Mr. Wure earlier today. Uh and with respect to the articles that are in uh you know in our packet, there was one uh one change that uh that I asked to to make uh an amendment uh and it has to do with the
short-term uh rental bylaw uh because I think that um what what was in the U book and what's in our packet was was slightly at variance to what I had uh suggested at at the last meeting. So um
you all have your uh a copy of what would be the new uh section 13. I will read it so that everyone uh you know everyone can understand uh what we're what we're doing. But uh it goes on to say uh the board of health or designate
is authorized to implement this bylaw including adopting policies and procedures for the administration and enforcement of the short-term rental licenses and to effectuate the purpose of this bylaw. The board of health is
authorized to promulgate written rules and regulations subject to approval by the select board. So that is the uh the suggested amendment with respect to um what is what what what article number is that?
>> 17 >> 17. >> Okay. So uh other than that uh you know I would uh you know entertain a motion with respect to the articles >> going through one or do you want a blanket or what's the
>> I mean we we certainly went through them pretty extensively the last >> this is the recommendations though that's >> yeah I mean certainly we can take them one by one if >> but also uh if I could with regard to the short-term rental did receive an email from one of the members who
reminded me which I think I was in error when I voted supportive of adding the different language because the language about um the select board, you know, the board of health promagating rules and regulations and effectuating the the bylaw, of course, that's still included, but
then at the end your suggestion to add uh with the uh authorization of the select board, and we did agree as a board to vote that, but what I forgot to remind us of was that during our uh short-term AL committee meeting, the
discussion was that the committee voted to support your suggested language as long as town council was okay with it. So, it was contingent on that and I had forgotten that during our last meeting, >> you know, and I appreciate that and uh you know, and and to that uh and we do
appreciate the uh the email that we did receive from Tom Crane and and and Liz Klene. Uh, I did respond to her individually or to them individually and I'm happy to uh to read my response uh if if if necessary if it would help the
board understand. And I appreciate that your board uh suggested that it was all contingent upon council's uh approval, but with all due respect, uh it's a decision of the select board and not a decision of council as to whether or not
this board wants to adopt that language in that article. >> I agree with that. However, >> I also think it's important to respect the vote of the committee and we're kind of overruling that with our, you know, trying to be supportive of your position
and now that it's been brought to our attention, I don't know if it's really the right thing to do. >> Okay. Yeah. Uh that being said, let's uh let's work through the articles as best we can and see where we have u agreement with respect to the recommendations.
>> So, Mr. Sheriff, if you'll allow me, I'll I'll start with article 4. >> Thank you. >> Which, as you see in your packet, is uh is simply an amendment to the town's position classification plan, adding that town clerk position. Um town council has submitted the uh petition to the general court. Um but this is an
important step having town meeting approve uh the addition of this uh town clerk position to the position classification plan. Um and the recommendation is uh for the town to amend the town position classification plan as follows.
And there's charters included in your in your packet or in the uh in the uh warrants. We then jump to uh article 15. As you recall from the last time we discussed this, article 15 is in regards to affordable housing property tax exemption.
Um seeing if the town would accept on behalf of the town of Elmouth the seasonal community designation. Um the recommendation is that the town vote article 15 as printed. Are there any questions with regards to article 15? Hearing none. Uh article 16 uh is the
seasonal community designation uh provided general law chapter 23b. Um this is uh we had some discussions indivi independent of the warrants with regards to the benefits of the seasonal communities designation. The recommendation is that the town vote article 16 as printed. Are there any
questions or discussion on that? See none. We'll move on to article 17. Um this uh is the uh short-term rental uh article which uh has been recently just talked about. um our uh section 13 was the change suggested revision uh to
section 13 that the chair read. I wanted to Yeah, I just wanted to bring the board's attention to that and it's included in a separate sheet that the assistant assistant town manager passed out and currently the recommendation is that the
U town vote article 17 as printed or with this uh suggested revision as the chair indicated. >> Any further discussion or questions on that? question uh regarding the edits that we just got. Um we are constantly
getting these at the last second. Could you please give me a um or us a little bit of the intent behind the change? What what is what is the change? >> So, you know, um you know, this has been going around for a while. >> I don't have that.
>> You don't have this. >> Here you go. You hand it out just before you arrived. So, >> I'm sorry. >> Okay. Thank you. >> Okay. So you know the issue uh Mr. Reid from from the beginning when I started to ask that the select board retain some
authority with respect to uh rules and regulations which is consistent with what the town of Nantucket uh has put in their uh bylaw with respect to regulations that could be adopted uh by the by the board of health subject to
the approval of the select board of the town of of Nucket. Um the question had been raised that uh it seems and and the email that we all received seemed to suggest that we were this board was
somehow trying to have concurrent authority with the board of health which we're not. Uh that it that we want to have some administrative oversight of the board of health which we don't. Uh so um when we when we took a and you
know took a closer look at what had been printed as a result of our last meeting uh in light of those comments uh I didn't want to I didn't want it to seem like the select board was going to be uh
having any any say with policies and procedures that the board of health might might want to adopt in in administering this law. uh this bylaw, but with respect to uh rules and regulations, um you know, I've I've I've said it enough. That's I I think the
select board needs to have that. So, the intent of this change is to, you know, further the understanding that the select board has nothing to do with the administration, with the oversight, with the concurrent authority of the board of
appeal of health. All we are doing is retaining the right to approve uh written rule, you know, written rules and regulations that they want to adopt which are different than policies and procedures
and that's that's where that change is coming from. >> Sorry, I have a feeble mind. Can you describe the differences between rules and regulations and policies and procedures for this specific? Yeah, I mean my understanding policies and procedures are you know how they're
going to you know uh administer the uh you know the bylaw whereas rules and regulations uh are and it's not that you have a feeble mind uh but rules and regulations are more substantive uh more uh more
impactful uh and uh you know and I just feel that uh that the board of health the board of health having the unfettered ability to adopt rules and regulations without the select board having uh input and approval. I I think personally uh is a a seeding of
authority of the select board that I'm not happy seeing. >> Roger that. Thank you for explaining. >> If I could um I don't think we have the authority to intervene. When I was in agreement with trying to get you on
board with supporting this bylaw, the idea was that if we could make it clear that the select board might have a hand in reviewing the bylaw but not managing it. But now this newer language
in red seems to be even more of a conflict because goes on at the end to say the board of health is authorized to propagate written rules and regulations subject to approval of the select board. >> That's all we're doing. >> But that's absolutely opposite of what's
reality because they just decided to implement new sewer planning and new new uh requirements for >> I realized that >> title five and all. Well, you don't have any say about that. >> Exactly. because that's the way it was, you know, originally set up. I feel I
feel that that that the system um suffers from from from from that. >> Okay. >> And and that's why we have an opportunity. We're crafting a bylaw. Uh we're crafting a bylaw that is going to be very important. It's one of the biggest issues we've been dealing with
for the past two or three years. uh and and you know I of I am of the opinion that the select board uh should not seed the authority to at least approve rules and regulations that uh that they adopt. Policies and procedures are more
administrative and I wanted to make clear that uh that were not interfering with that. >> Well, I think Mr. Crane made a good point that it's unfair to use this test this uh committee's work of two years of you know a working group and now a committee as a test case for your theory
about this law you know there should be a wider discussion about the whole relationship between the select board and other regulatory boards because same is true with conservation we don't have any authority to tell them what to do same with planning just because we're
the select board >> well planning board isn't an elected body, right? >> Okay. Right. But well again, >> so procedural question. I mean, I I will say I was not at the the last meeting um
for personal reasons. Did not anticipate this discussion. Did not send comments. Um to that effect, um I do not support this change. There are other provisions in this draft bylaw that I have um
expressed my personal disagreement with, but the my understanding of where we are right now is this is actually a new draft of the bylaw. Our job that but but we've already voted what the warrant is and what the
article is and our job tonight is to vote a recommendation. So the options would be to vote a recommendation with amended language to vote a recommendation that town meeting vote
as originally printed right or that we we recommend indefinite postponement. Those are are those the options we have this evening? >> Those are the options. Yeah. And you know again in speaking with m Mr. Johnson stop we we thought this would be
the best way to deal with the possible amendment that it would be in a recommendation as amended. So >> how how does this how do you see this improving this? >> I think the the fir what what is in our book in the first draft seemed to give
the select board the authority to approve policies and procedures and the concern of Mr. Crane and Miss Klene was that the select board was improperly uh trying to have concurrent authority
administrative oversight of the board of health which I wanted to dispel that that's what our intent is. All our intent is is that we should have the ability to approve rules and regulations that the board of health would be adopting. Is it something new? Yes. Yes,
it is. uh you know I'm not sure it rises to the level of the major doctrine uh major fact doctrine that that Mr. Ukraine uh raises with respect to Supreme Court cases. But nonetheless, uh we're starting from scratch with this
bylaw. And you know, and as I have said, Nucket felt it was okay. So, and I'm assuming that the attorney general's office approved that bylaw that said that the regulations adopted by the short by the board of health with respect to short-term rental would be
subject to the, you know, select board approval. And that's what I think we we should be doing. But I agree with Dr. Goldstone that the three choices we have without prolonging it is, you know, with respect to this article, we either
indefinitely postpone it. We um we we we approve it as printed. Uh which, you know, I wouldn't support as printed for the very reasons which I've explained. Uh or you know, we approve it as as amended and then let let the town meeting
decide. I mean, I I've I've expressed this concern before. This is not the first time we've ended up in this situation. We are well down the path of putting something in front of town meeting that
that clearly this board is not aligned on what it is we even want to send to town meeting for a vote. Um, and I will say, and Mr. Mr. Brown, correct me if the consensus um and Miss Klein is here
as well of the of the committee has changed, but when you came to us with the first draft of this bylaw, it was with the specific preface that as you entered into your research, you realized that this problem was not as urgent as
you had originally thought that it was. And so I will I guess raise the question of whether we feel that we are at a point to put this in front of town meeting now or whether the the the
better path is to work out. I mean I I think it's for most just this this one issue but >> well I I wouldn't say that that is accurate representation of our findings. What we found was that >> in other towns it didn't seem to have
the impact on affordable housing as it might have been hoped. That was what they found because >> I guess I wouldn't see this bylaws having any effect on affordable housing. This is regulating the behavior of short-term rentals and ensuring that they're not a nuisance. >> Correct. And
>> well, but at first the pre the previous mission of the board was also to see if there was an opportunity yeah >> to you know have a positive impact on housing year round housing I should say not affordable >> and I think >> actually that point >> part we realized
>> right >> there was not as many of them as had been you know potentially envisioned so that was the only thing that made it seem like a little bit of relief but at the same time. There's people in neighborhoods that are seeking relief,
seeking good management of these short-term rentals. And I think it is urgent and I think it should be getting getting done. And it's I think honestly it's a shame that we're waited till the last minute to critique it and try to fix it and fine-tune it on our own. And I don't think that's fair to the
committee. So >> I I guess I would say that in that context, right, this is a bylaw to regulate the behavior, the safety, the um potential nuisance to neighbors.
Those are all things that are squarely within the purview of the board of health. >> Right. >> And I see no reason why the select board as the executive policy setting board for the town needs to be involved in that. I don't see it either.
>> So, I I don't see a need for the the board of health for the the select board oversight um of the board of health. >> Everyone keeps saying oversight and there is absolutely no oversight intended as to what this select board
would do. The the only thing that this provides is that if if the board of health decides to promulgate rules and regulations that this board has the authority to approve them or not. I have
I've I've made it very clear that there is no intent for this board to have oversight to be contrary to what state statute says or anything like that. It's a very simple and and I've gone to great lengths to make that as clear as I
possibly could. We don't want oversight. We don't want authority. All we are is asking that if they're going to promulgate rules and regulations that we have a look at it. And I will tell you this, you know, um, as as I'm sure many people have heard with respect to the
IIA, uh, you know, with the with respect to the regulations that they have adopted, um, you know, and they did a wonderful job in going through it, but a lot of people said, "Where was the select board on on on this?" Nothing we could do with with that. We we had no say in it. Uh, but, you know, I think
that we should try to have a say with respect to this by the way. But as far as oversight, that's a mischaracterization of what I have intended from the very beginning. >> Well, this says right here, the board of health is authorized to promulgate written rules and regulations
subject to approval by the select board. >> How's that oversight? All that says is that if they adopt rules and regulations, we have to approve. How's that oversight? How does that put us in a position >> approval is oversight? >> What? >> Any any kind of approval is oversight? >> No. No. I mean, oversight with respect
to, you know, day-to-day operations or administration of the of the bylaw. I mean, we we we had this discussion the last meeting and everyone seemed to be on on board. You want to change your minds, that's fine. You know, I I don't want to beat beat a dead horse. I you know, if if if the answer is indefinite
propo postponement, I would go down that road uh as as opposed to approving it as uh as drafted. So without this um subject to approval by select board of rules and regulations
this Nantucket notwithstanding because it is assumed but I don't know that it is actual we need proof either way that it's been approved. So Nantucket set aside this is setting a precedent that we haven't otherwise had before on some
of these committees and commissions. Right. So in the past, how do we the select board provide input to these commissions and or bodies that create rules and regulations
without that? How do we as a select board provide input otherwise like what's the current MO right now or standard operating procedure? >> So we we can't we can't send a letter to as from the select board to this permission. We could certainly we could
do that >> and that would probably be the right thing to do instead of dragging this down with the test. >> I'm just trying to understand what's happening now. >> See is a very simple uh very simple provision that the select board should have but
I don't know where we go. >> I mean again yeah again I'll go back to our options right now. We're not rewriting the article are to make a recommendation. We can vote indefinite postponement that we don't want this that that we would not recommend town meeting move this
forward. Town meeting can always vote to move it forward and amend it in any way that they want. This is our recommendation. We can recommend that the town vote it as printed, which is with the board of
health authorized to promulgate written rules, regulations, policies, and procedures for the administration, right? The the full which in our copies here are redlined out. Or we can vote that to recommend that the town vote
article 17 with amended language. >> And Mr. Mr. Chair, if I may, I just want to make sure and um if you look in the packet rather than the redlinined just >> I want to make sure the board is clear on what it means if you vote to
recommend as printed because as printed means subject to approval of the select board for everything. >> Yeah. And that's and I wouldn't I would not support that. That's why I asked for the amendment. >> Right. So Bob has narrowed the role of the select board for approval in with
his amendment. I >> I don't see that though. How do Can you explain that to me how that's >> what's in black? What's in the original? >> The first one gave the select board the approval of policies, procedures, rules,
and regulations. And I thought that that was broader than what what I certainly intended. And that's why I suggested the amendment which would not which would which would provide that policies and procedures
would not be subject to the board's approval. I see I see a major difference between policies and procedures and rules and regulations. So all I'm suggesting is that the select board would retain the
right to approve written rules and you know written rules and regulations. >> Well then shouldn't it say >> it does >> instead of saying the board of health is authorized to promulgate the written rules and regulations? Shouldn't it say the select board no will write the written rules? >> No, I don't want to write them. I want
them to write them and I just want to have the ability to to review them and approve them. That's all. It's a I'm I'm not trying to take anything away from the board of health and I've thought I've made that very clear from the very beginning. So, >> well, it would take it away if they have
to subject their rules and regulations to our approval. >> Well, it's the only thing that they we be we would be taking away. Let's let's have some community >> public comment there. >> Yes, ma'am.
>> I'm sorry. Well, you brave these terrible conditions out there to to get here, Miss Lol. So, we want to give you an opportunity to >> My right-hand woman up. >> I'm one of the 9% that never lost power.
So, I feel like lucky lucky woman. Um there's are an one option would be the way uh the zoning board of appeals has to refer when they um applications for permits and variances to other boards
for and they have a certain amount of time to respond for input. That's not as same degree of oversight, but it certainly would alert you to when there's going to be a change in the regulations and you would have a chance to weigh in. And I since you're the selectman, I think they take it very
seriously. And the other from all my experience is that if you're going to have that, you should have a time frame that you have to respond with, you know, take action within 30 days, 60 days. Um, you know, I have a lot of board experience. And so those are two of my thoughts. Thank you.
>> Thank you. I mean, that that would certainly support what Dr. Goldstone's thoughts are with respect to indefinite post postponement. So, um, do we want to make a motion with I mean, do we want to continue to go through everything and
then just circle back to 17? Is are there any other >> may you may as well nail down what the board's going to do on this article. >> Okay. >> So, >> I think there's another public. Miss Klein, >> Elizabeth Klein, precinct 6 and member
of the short-term rental advisory committee. Um, Dr. Goldstone, to your point, I would I would argue for a fourth possible avenue, which is to vote the vote um make the recommendation with a different amendment text. Um, and so I
have it pulled up here the way that it's printed in your packet and um I along with Mr. Crane agree that that the this has opened up a broader conversation um and so we would
encourage um the board to move ahead with simply striking subject to approval by the select board from the last part of the last sentence of section 13. That sentence would then read, the section would read, "The board of health or designate is authorized to implement
this bylaw. The board of health is authorized to promulgate written rules, regulations, policies, and procedures for the administration and enforcement of short-term rental licenses and to effectuate the purpose of this bylaw. Period. I think that's what we should be doing
because it was pointed out to us clearly that it was an error in my part at least on agreeing with your suggestion which I tried to do to get you on board with this the last minute here. But >> so
I don't feel like we're making a lot of progress toward any consensus. So I'm just going to put a motion out there. Um move that the select board uh vote a recommendation that the town vote article 17
um amended to strike the phrase subject to approval by the select board from section 13. >> I would second that. >> Okay, we have a motion and a second. All in favor? >> I >> I >> opposed. Okay,
>> thank you. So, I'm sorry, Bob, but it just >> No, you don't need to apologize because if you want to have that bigger discussion, I think >> might be warranted, but >> Okay. What other items are we dealing with? Uh, >> did you want me to continue on or just jump to Well, we have a petitioner
article uh article 24 that I see the petitioner here. >> Are there any more of our articles? >> There are. Run through those. >> Yeah, real quick. >> Article 18. >> Okay. Is an amendment consideration of an amendment to chapter 172, the code of Felmouth, rental property. It's a companion article to 17. The uh
recommendation is that the town vote article 18 is printed. Any questions or discussion? Article 19 um is uh an amendment to the code of Felmouth chapter 75 alarm systems strikes out false alarms
entirely replacing it with the uh the language included. Um and the recommendation of the town vote article 19 is printed. >> Okay. Article 20 um is a a vote to amend chapter 199 of the code of Felmouth,
streets and sidewalks. Um this pertains to discharges onto public streets and sidewalks and the recommendation is the town vote article 20 as printed. Article 21 seeks an amendment to code of Felmouth chapter 160 pedalling
soliciting and um the uh effect basically um and and uh the language is included um allows um amends the town's pedaling solicitation bylaw to allow the police department to establish and maintain a list of
residents who simply wish to opt out of receiving uh in person commercial solicitations at their homes. And the recommendation is that the town vote article 21 as printed. >> So would that eliminate the need to put up a sign in your yard saying no
solicitors? Then they would have to look on that list and be bound by it or would they because a lot of times these are just young kids wandering around. >> I think it would help to have both. But yes, it serves that same purpose but with more force behind it. >> Right. Thank you.
>> Welcome. Article 22 um seeks to amend the table in the code of film with chapter 1 general provisions and includes amendments to uh false alarms discharges onto public street and sidewalks and the operation of short-term rentals listing f specific fines. Um I wanted to point
out select board uh a bit of a scrivener's error. The recommendation listed in your packet is the town vote article 18 as printed. That is intended to be article 22 as printed. >> Any questions? Nope.
>> Article 23 um is a vote to uh consider whether the town will transfer care, custody, and management, control, and jurisdiction of land known as 0 Brickill Road, 484 Brickill Road, um as described. And there's parcel ID number of 2605700 0. Uh the recommendation is the town
vote article 23 as printed to transfer cure and custody to the conservation commission. I I'd like to say I still think it's a mistake not to consider the suggestion by Todd Duffany to get some benefit out of putting this land in
conservation. In the packet I read that it was found that most of the land is already in conservation. This would just nail it down and make it clear. I don't think it's urgent. I think we should do a survey. It seemed like staff was in agreement that it might be a good opportunity. Am I right about that? We
haven't had any more discussion about it. Is there some land that we would like to use that might be in article 97 that we might trade for this land? >> My understanding based on the research presented for the petitioner's article that is the next one is that this land is already likely
protected and we're simply codifying that. And so >> correct >> that doesn't >> I don't think that's certainly that's certainly by the the intention of article 97 is not a swap >> if what we're doing is fortifying
existing protections. We would have to be protecting new land. So >> are you sure that's true though? >> That's my understanding of of an article that we would have to be conferring new protection in order for it to apply as
an article 97 swap. Correct. >> I think it would have to be evaluated by the state >> and the more um the more detailed an evaluation that's required, the longer it would take to make that evaluation.
>> Part of the reason we're doing this exercise that is that it's simply not clear whether these these parcels are protected and and 484 Brick Road. It's not clear that it was. >> Yeah. And I certainly am endorsing the whole concept of doing this. I just
wonder if we're losing an opportunity to get some benefit if there are some parcels and maybe I'm wrong, but when we were doing the police station search committee, didn't it come up that some of the parcels that we were looking at were in protection that were surprising and we maybe would want to have that
land to use for other reasons? It might not really be valuable habitat. >> Yes, I um if I could, Mr. Chair, >> please. Um, so I I I'll you know, I want to weigh in just to sort of describe the lay of the land as I understand it. I
I'm not intending to try to push the board one way or other or the other on this article. Um, so yes, we certainly have found there are parcels of land that we might at some point want to develop that have article 97 restrictions. two that come to mind. Um
the school administration property, the softball field, well used as a softball field. So not a small thing to take that um out of softball use and put it into some other um non-recreational use, but that's one. And similarly, you know,
very briefly, we looked at the um the athletic fields on Sandwich Road would be a prime next to the Hatchville Fire Station would be a prime place to put a municipal facility, but it's a well-used recreational field. If we wanted to put
another, you know, critical municipal facility there, that would have to come out of article 97 protection. So to have land that could be swapped so that you could create athletic fields on you know 40 foot for brick helilm for example
that might be a valuable swap. Now, having said all of that, at this moment, we don't know that we want to put a facility at either of those two properties. And it's a lengthy process to go through that we we may not want to go through just, you know, in case for
some theoretical future. If we, you know, if we know that there's a need, then, you know, then that would certainly be a worthwhile exercise. So, it really does come down to how urgent is it. For those who feel like, look, the select board isn't just going to willy-nilly develop this property. We're
not in any rush. You might say, let's hold off on putting any more protection here. For those that say we had a scare and we don't want to ever allow a future select board to potentially develop this, um, then, you know, then you might want to protect it right away.
>> I'm going to come back to we're at the point of voting recommendations on articles that we already had this discussion and and voted as a board that we were ready to put this on without an article 97 swap. Um I think what you're talking about
means well voting indefinite voting to recommend indefinite postponement. I think actually voting voting to recommend indefinite postponement for article 23 is the right thing to do anyway because it's redundant with petitioner article 24
because that parcel is included in the list of parcels covered in article 24. Um, but I I mean >> if article 24 doesn't pass, >> then what happens?
>> Right. >> I mean, the the order that they're in, people would be voting article 23 without knowing if article 24 was going to pass. I I guess I would say let's put them all
We could take >> ask moderator. >> We could take them out of order. That's an option. >> Yeah. >> Or not. We couldn't. We could ask the moderator to do so. >> Well, I don't know. I believe I voted against it at the last one. I'll probably vote against this one just
because I think it's we're not taking the time to really think it through. If there is an opportunity, I know we've only talked about a couple parcels. Doesn't sound like there's been any opportunity for more research on other parcels. It would take quite some time to really look at what we have and
decide if we want to ask for a trade. That's why I'm saying I don't I don't think we need to rush into it, but everybody seems to want to. So, whatever. >> I started on your path and I have um
since backed off because I think we time is of the essence. Um it is important. Usually I put it on the matrix of important and urgent. I hear you about the urgency, but the fact that we were going to put a police station on Long
Pond because we thought that it wasn't protected or because there was two groups. There's two forms of thought here. One that it heck yeah, it was already protected and then no, it wasn't. Now we're finding out that there are many deeds and many other forms of
documentation that they were indeed. And I think for this property, no others, I think we um I myself will vote in like I'm I'm in support of article 23, also in support of article 24. Um that being
said, I also don't think that we have a good understanding of what actually article 97 is on what different properties. Um we're assuming it's on some and not on others. And my my uh take on it from some of the research
that's been presented thus far is that article 97 is not on some of the properties that we have said that it's on. >> Okay. Well, that just makes the case even more that we should figure it out before we do that. >> That would seem to support indefinite
postponement. I think that I think my point is because there's inconsistencies in the data and inaccuracies in the data, it's better to go into full protection than not, especially on Long Pond. >> That's just my take.
>> They're not making any new land anytime new soon. So >> that doesn't make conservation any less important. In fact, I would argue it makes it even more importantly important >> that we >> that we ensure we hold ourselves >> to that. Okay.
>> Question for council regarding the interaction between articles 23 and 24. >> Um >> would there be any problem since they're essentially redundant? Well, for that parcel, would there be any problem with
both of them being voted in the affirmative? because 24 or should what we should we if there's a sense that there may be differing opinions about doing one versus doing 19 should we
remove uh 484 brick count that parcel from vote to since we're already the recommendation on article 24 is already amended text should we amend that to remove that parcel from article 24 So that they are
not >> what if article 23 doesn't pass >> my question >> and then there's a second because people prefer article 24 that would be my only question is what if what if you remove article what if you put into fit
language to remove article 23 and then 23 doesn't pass and then 24 doesn't pass you. So I So my question was, is there any problem if they do both pass? >> No, there's no problem if they do both pass. And I just want to add another procedural
>> tidbit, if you will. That's the official word I'm looking for. >> Um when I'm looking at article 24 in particular, um I I want you all to remember that um all town meeting can do
is authorize you to act. There's a second part of this procedure after town meeting votes to approve or not approve these articles. But if they'd vote to approve 24, then it is contingent upon you to go through and decide which
parcels and you have to vote to dispose of that land to change the disposition of the land to a different purpose. So you can go through parcel by parcel and after town meeting when I've had time to go through everything and can say these
ones need to be these ones need to be transferred these ones do not need to be transferred you can vote those individually all town meeting all the vote of town meeting is doing is allowing you to make those decisions
>> okay that's not how I read it because it is actually saying to transfer, not authorizing the select board to transfer. >> It's a it's a two-step process. So, okay, the land can't be transferred without a vote of town meeting and a vote of the select board.
>> So, without one or the other, the land can't be transferred. So, here this we're just doing the first step where town meeting is going to vote to authorize you to do it and then you have to vote to dispose of the land and designate a purpose in accordance with
the vote. Is that only with respect to article 24? >> It's for any >> It's for 23 and 24. >> It's for 23 and 24. >> Thank you. >> Yeah. >> Any kind of transfer of land. >> Thank you. >> Thank you for that clarification,
council. >> Well, we're dealing with 23 at this point, right? >> We recommend indefinite postponement here. Is there a is there a problem a conflict that arises if town meeting were to vote down
23 because they favor and then vote positively on 24 because then that has 23 saying don't transfer zero brick count and is 24 saying transfer zero brick count. There's you could still transfer as as long as there's a second
positive vote no matter what that >> we're not saying not to transfer 23. Would you >> No, I'm just trying to figure out because there's the redundancy between the two articles if we get ourselves into some sort of weird jeopardy if they both go to town meeting as is. And it sounds like >> there's not and I'm over complicating it
and we should just and realistically we'll have a better sense of town meeting after the precinct meetings >> and we'll be able to figure out the direction that this is going and whether both are needed here. I'd rather I'd rather that both stay just in case just
so that we don't get backed into a corner that we don't want to be backed into. I would say if the select board votes a positive recommendation, it's likely going to pass. >> It's not a big momentum of people of what I'm talking about with the
suggestion I have. I'm just pointing out an opportunity that we could consider. >> I'm in a mood to move things along. So, I'm going to move that the that we approve the recommendations
as provided in our packet. Do I need to list all of the articles for 4, 15, 16, 18, 19, 20, 21, 22, 23, 24, and we haven't gotten to 25 yet,
have we? >> We have not. >> Okay. Um I'll through 24 >> as 17 as amended. Did you include 17? >> That's I did not include 17 in that list because that one was amended and we've already voted a recommendation for that one. >> So it's everything else through 24 as
printed in our packets. >> I can second that. >> I I'll say that originally I uh I I was in agreement with Mr. Brown with respect to uh trying to think about possible future uses. Uh but I have uh since come
to the conclusion that uh we should vote uh article 23 as presented as printed. >> Okay. You going to do we have to take a vote? Do we want to take a vote? >> Vote on the supposed to motion.
>> You have a motion. Is there a second? I'll second Mr. Reid. >> I don't know if I like voting them all together, but whatever. >> We have one additional article that I need to >> still have to go through, but >> Okay. >> Do don't we usually vote them individually? I don't know. >> Seems funny. >> I don't think that's been the past practice to vote.
>> Yeah. I I think often, you know, there's consensus through. Yeah. Right. Right. >> So, let's just hit on 25 real quick. Huh. >> Okay. Very quickly. uh another petitioner article uh to consider a vote to accept provisions of Massachusetts general law 71 sections 83 through 86.
Uh the uh recommended uh the recommendation is indefinite postponement. >> Okay. Anyone have any issue with respect to that? >> No, I don't have enough to say otherwise. >> Yeah. I will amend my motion to approve
the recommendations as printed in our packet with the exception of article 17 >> as amended. Right. >> Well, no, it's not included. It's not included in her amendment. >> Not including that since we already voted it. >> Okay. >> So, all other recommendations as in our packet.
>> Second. >> Okay. We have a motion to second. Any further discussion? All in favor? >> I >> I Okay. blocks me from complaining about 23. But okay. >> Okay. >> Partly trick procedure.
>> Actually, my intent come back. >> Okay. I have to stop complaining now. >> All right. So, I think we're we're done with uh with that. Believe >> we voted all the recommendations >> where. >> So, our next item is to discuss and consider.
>> What about 17 though? >> We voted. >> We we voted 17. >> We did vote 17. and you won. >> Okay. Thank you. >> You want to reopen it? I'm happy to know you. I'm happy to make sure we voted. >> I'm happy to say that the select board
are the elected officials in this town. The ones that are responsible to the people in the town and that's why I think we needed to do what what I suggested. So, I hear you. Okay. Very good. >> Yeah. Well, we we thank uh Jessica and
all the work you've done as well, Jessica. Thank you very much. Appreciate it. Okay. >> Just because I tried to slow you down doesn't mean I don't appreciate your work. >> We had an incredible team of researchers. >> Okay. >> Mr. Chair, >> yes. Um do we um forgive me, but
articles 26 through 35 are all CPC. We took care of those already. >> Those are CPC recommendations. They're recommendations. We don't have anything to do. >> Just wanted to make sure we didn't miss something. Thanks. Okay. Then the last final item is to discuss and consider an appointment to the Cape Cod and Islands
Water Protection Fund. Mr. Renaw. >> Yeah. So, real quickly, uh Mr. Chair, um as as you know, uh Peter has been serving in this position for over three years, I believe. Um he's been doing a great job. Um I asked Peter to put together a list of uh some of the duties, responsibilities, how often they
meet. Um I understand that Peter's uh u appointment has expired. So the uh the request tonight well is basically a discussion. Um but if the board would would want to u consider um a select board and a an elected official serving in that capacity. Um this is an
opportunity since the uh the appointment is up for renewal so to speak. But again um I've been very happy, very pleased with Peter's performance. I consider him a subject matter expert. Um and he's worked with the group uh for again over three years. Um but again uh Mr. Chair, you had asked that this be on the uh on
the agenda for discussion purposes tonight. I just wanted the board to be aware of what was involved and if anyone was uh was interested in the position that we would certainly take that into consideration. Certainly, Mr. Johnson Stab has done a stellar job the past
three years. Uh I think there's as you looked in your packet, some towns have town management as uh as the uh the representatives and some towns have select board members. Uh, and I just wanted to have the discussion to see if
any of anyone on the select board had any interest in in uh in in in the position and and if you do uh we we would certainly consider it. >> No, I don't think any of us are going to get any more money out of that fund than Peter will >> and while he may assess it as a not a
large time commitment, it is an additional time commitment and I appreciate the work that you've been doing on that. So, >> very important. >> Okay. So, do we have a motion to uh reappoint Mr. Johnson St. >> So moved? I'll second. >> Okay, we have a motion in a second. All in favor?
>> Okay, very good. >> Congratulations. >> We have had >> anyone Have you had an opportunity to review the minutes of January 28th? Does anyone have any corrections? >> I did get to review them. I um would
propose holding those. There were a few um corrections that I wanted to suggest suggest that I haven't had a chance to to go through and itemize. >> That's fine. No >> indepth. >> Yeah. Well, they are, you know, they have been very uh >> Yes. >> Is is AI have something to do with that?
>> We actually we actually have another uh person that compiles the minutes, but Diane's involved in kind of reviewing doing a QA. >> Right. Well, we've already had Mr. Renu's supplemental report unless there's something else in your supplemental report. Uh >> no, sir. No, sir. Nothing else is done. Okay. Any select board reports?
>> Um nothing urgent. >> Okay. Uh we do normally and we have the u future agenda items. Uh we are going to uh to try and and you know put some dates on these agenda items so we have a way of tracking when they may come up
for for future consideration. So uh a motion to adjurnn. >> So moved. Second. >> Okay. We have a motion to second. All in favor? Hi. >> Hi. Thank you very much. And thank you for being here. >> Thank you. Carlson printing 5085487303 Three.
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