Happy Fall, Orleans!
We hope you had a sun-drenched and joy-filled summer — and that you’re not mourning the season’s end, but celebrating the quieter days. Most of all, we hope you’re making plans to attend the Orleans Special Town Meeting.
When: Monday, October 28, 6 PM
Where: Nauset Middle School Gym
Why: Because Massachusetts Town Meeting, a more than 300-year-old tradition, is “the purest form of democratic governing,” according to Massachusetts Secretary of State William Galvin. It's your chance to make your voice heard on everything from at-home cannabis delivery to pickleball courts. And what about the waterfront property at 72 Tonset Road that Orleans is proposing to acquire?
You may want to arrive early to check in, grab a handheld electronic voting gizmo, and find a seat. Bring some water, maybe a snack, and your copy of the warrant. (Printed copies are waiting for you at Town Hall, or take a look now on your phone or computer.) All votes must be cast in person. Channel 8 will record the entire meeting as well as live-stream it.
Families: Free childcare and pizza for kids ages 4-13 will be provided by the Orleans Recreation Department. Make sure to pre-register through Rec’s website by October 24th.
The warrant is shorter and more streamlined than ever — only 24 articles, hooray — but that doesn't mean you won't have questions. Municipal-ese can be hard to parse! The first thing you'll notice is that the order of articles has changed. Bylaw changes and other articles not requiring funding come first. Money matters follow.
The mission of EXIT 89 is to reduce the mystery of Town Meeting. So we did a little research, and made a few calls. Keep reading to see what we found out.
Article 1: Cannabis on Demand?
Recreational marijuana became legal in Massachusetts in 2016. After a circuitous journey, Orleans voters opted to legalize selling it in Orleans in 2020. We have two spiffy cannabis dispensaries, Ember Gardens and Seaside Cannabis Co. If Article 1 passes, both dispensaries can now apply with the Cannabis Control Commission for state licenses that would allow them to deliver their goods directly to customers at home, in addition to selling it on site. This change would align Orleans regulations with those of the Commonwealth, but does not alter the number of licensed Marijuana retailers allowed within Orleans. The Select Board and the Finance Committee voted unanimously to support the article. A two-thirds majority vote at Town Meeting is required for it to pass.
Articles 3 + 4: “Sunsetting” Moorings and Rock Harbor Enterprise Funds
Four years ago, at the Special Town Meeting in October 2020, Orleans voters approved the creation of five new enterprise funds — Beaches, Moorings, Rock Harbor Boat Basin, Sewer Operations, and the Transfer Station. (Quick refresher: Enterprise funds are an accounting strategy that separates the costs and revenues of a given “enterprise” or town operation from the general budget with the goal of providing greater transparency, efficiency, and ultimately self-sufficiency.)
Four years in, the consensus among the Select Board and Finance Committee is that this strategy has not delivered. While the goal of accounting transparency was mostly achieved, the goal of self-sufficiency was not. For Moorings, the allocated indirect costs of the operations swamp its revenue. For Rock Harbor, debt service wasn’t being factored in — and doing so would prevent it from breaking even without increasing the general fund subsidy.
If these articles pass, the two Enterprise Funds would be closed in accordance with state guidelines, and any fund balances would return to the general fund. You can read more about the conversation leading up to this article in the Cape Cod Chronicle’s recap. Both the Select Board and Finance Committee unanimously supported “sunsetting” the Rock Harbor and Moorings Enterprise Funds. A simple majority vote at Town Meeting is required for these two articles to pass.
Money Matters
Articles 7 through 23 ask for funding for various purposes. The smallest amount (Article 18) is $10,000 to continue town historic preservation efforts. The biggest-ticket item (Article 11) is $2.5 million to purchase the property at 72 Tonset Road.
Notably, only two of these 17 funding-dependent articles would “raise or appropriate” funds, i.e. draw on tax revenue or other local receipts. The 15 remaining articles would use “available funds” — or money that the town already has. These sources include the General Operating Fund, the Wastewater Stabilization Fund, the Water Department “Special Revenue Fund,” the Community Preservation Fund and, last but definitely not least, free cash.
A whopping $4,636,000 of the proposed spending in this fall’s warrant is coming from free cash — likely the most Orleans will have ever spent from this source.
Okay, so what is free cash?
In municipal finance, free cash refers to funds left over from the previous fiscal year that are not “restricted” for specific purposes. Free cash sources include tax revenue that exceeded estimates, unspent budget line-item amounts, unspent free cash from the previous year, and property taxes that were paid after not being paid in prior years. There’s a brief definition of free cash on page 21 of the warrant. You’ll also find an explanation in EXIT 89’s 2022 Special Town Meeting Preview.
Interested in digging deeper? There’s a longer and very helpful description of free cash, its importance, and appropriate uses on the Massachusetts Department of Revenue’s website. A couple of key points: 1) “a community strives to generate free cash in an amount equal to three to five percent of its annual budget” and 2) free cash “should be restricted to paying one-time expenditures, funding capital projects, or replenishing other reserves.”
So how much free cash does Orleans have? Right now, $5.5 million. Does spending it require Town Meeting approval? Always. For a comprehensive explanation of reserve funds and free cash in Orleans, EXIT 89 suggests watching Town Manager Kim Newman’s superb presentation to the Select Board, the Finance Committee, and the Orleans Citizens Forum (OCF).
What are we being asked to pay for with these funds on October 28? Eldredge Park recreation upgrades, housing initiatives, environmental clean-up, a climate sustainability plan, land acquisition, and more.
Let’s take a look at those.
Article 9: A Second Serve for Picklers
Pickleball was invented on Bainbridge Island, near Seattle, Washington, in 1965. In the 59 years since — and especially the past decade — its popularity has exploded. There are more than 50,000 known courts in the U.S. — including four in Orleans, at Eldredge Park.
To local pickleball players — sometimes called “picklers” — this is woefully insufficient. An article that requested $25,000 from the Community Preservation Fund to explore expanding the town’s pickleball facilities failed at last October’s Special Town Meeting. Now the picklers are back, this time with Article 9, which asks voters to approve $100,000 for expanding pickleball opportunities. This may mean repainting existing tennis courts in a way that would accommodate both sports— the option determined by Recreation Director Tom DeSiervo to be the most economical and expedient way to accommodate more pickleball in the short term, while Orleans embarks on a much larger revamping/reimagining of its recreational facilities (see next article). You can watch the discussion of this article at the October 17 Orleans Citizen Forum (skip to 25:50 - 29:10).
The Select Board voted unanimously to support this article. The Finance Committee voted substantially in support of the article (8-1-0) at their October 10 meeting. A simple majority vote is required at Town Meeting for it to pass.
Article 10: Eldredge Park Upgrades
The Orleans Recreation Department has suffered from a lack of funds and facilities, and until recently, leadership. This led to the 2019 formation of the Recreation Advisory Committee, a group of committed volunteers led by Orleans resident Tracy Murphy and focused on creating more “youth-oriented” recreation spaces. According to Murphy, the committee’s first effort back in 2020, in partnership with the Community Preservation Committee (CPC), resulted in engineering plans for a lighted basketball court on Nauset Regional Middle School property. The project was approved at Town Meeting in the spring of 2021, then derailed that fall. The insurmountable obstacle was a lack of an appropriate site on town land (as opposed to Nauset School District property.)
Things began improving for the Recreation Department in 2022, when Orleans residents voted to approve CPC funding for a study of the fields and infrastructure at Eldredge Park and the Middle School — where problems, according to the Cape Cod Chronicle, include limited access to athletic fields, courts and other facilities, a dilapidated bandstand, insufficient parking, poor lighting, and a running track with inconsistent surfaces and elevations. Some of the areas studied included Orleans Elementary School land.
Engineering firm Weston and Sampson delivered a 5-Phase Master Plan in November 2023. Town Manager Kim Newman moved things forward — creating new staff positions, hiring Recreation Director Tom DeSiervo and Recreation Program Manager Ivan Popov, and the reimagining of a robust department was underway. (The Recreation Department’s redesigned website details its latest offerings.)
Article 10 asks voters to transfer $850,000 from free cash to upgrade the fields and infrastructure at Town-owned Eldredge Park — informed by Phase 1 of the Weston and Sampson plan. The funds would be used toward design, engineering, repairs and construction of recreational facilities. Recreation Committee Vice Chair Jamie Balliett made an 11-minute presentation at the October 17 Orleans Citizens Forum, along with Kim Newman (watch 29:15 - 41:00). Still have questions? See the Rec Advisory Committee page for more information about Article 10.
The Select Board voted unanimously to support this article. The Finance Committee voted in support of the article (7-2-0) at its October 10 meeting. A simple majority vote is required at Town Meeting for it to pass.
Article 11: Acquisition of 72 Tonset Road
To buy or not to buy? That is the question. Article 11 is the biggest-ticket item of the Special Town Meeting on Monday night. Here’s a presentation made by Kim Newman, describing the proposed purchase.
In a Nutshell: The town has the opportunity to purchase a 2.21-acre parcel on Town Cove that abuts town-owned Sea Call Farm and includes a 2,200 sq. ft. house built in 1930. The price tag is $2.5 million, to be paid from free cash. What will this property be used for? That’s yet to be decided, apparently. According to the warrant, the land acquisition will be designed for “general municipal purposes.” What are those? As Orleans Special Projects Manager Mike Solitro told the Cape Cod Chronicle, “It is not defined necessarily what will be done immediately, and it does not require or restrict any of the activities on the site.” The warrant describes the property as having “the ability to provide unique public recreational opportunities.” If acquired, it will be under the control of the Select Board.
Select Board Chair Mark Mathison made an impassioned plea at the October 17 OCF event (watch 1:21:38 - 1:25:42) describing many missed opportunities in the past for the town to acquire properties with access to water — which could become landings or recreation sites. This particular property also includes housing that could be used for lifeguards or other seasonal employees. “If we don’t get this piece of land now, it’s gone,” Mathison said. “It’s lost forever.”
The Select Board voted unanimously in support of the article. The Finance Committee voted 6-2 in favor. A simple majority vote at Town Meeting is required for it to pass.
Article 12: Climate, Sustainability + Environmental Action
As Earth faces the uncertainties of climate change, coastal communities are predicted to take some of the biggest hits. What do sea level rise and warmer temperatures mean for Orleans?
For a peek, the Cape Cod Commission offers an interactive map, the Cape Cod Sea Level Rise Viewer to see how each foot of rise impacts different parts of the Cape.
Meant as a wake-up call from the Select Board and the Energy & Climate Action Committee, Article 12 asks voters to approve spending $100,000 from free cash to hire a consultant to help us understand the threat of climate change more specifically — and ultimately create a trackable “climate action roadmap” that will help Orleans reach the net-zero sustainability goals set forth by the Commonwealth. With its current designation as a “Green Community,” Orleans qualifies for state funding for a number of specific initiatives. This spending for an action roadmap, along with greater alignment with Commonwealth goals, will make Orleans eligible for more state grants. Hakim Janah, Vice Chair of the Energy & Climate Action Committee, explained more about Article 12 at the October 17 Orleans Citizens Forum (watch 40:52 - 52:13).
The Select Board unanimously supported this article. The Finance Committee voted in support of the article (6-2-1) at its October 10 meeting. A simple majority vote is required at Town Meeting for it to pass.
Article 22: Help for Boland Pond
Five ponds and lakes in Orleans already have “management plans” — Cedar, Baker’s, and Uncle Harvey’s Ponds, and Pilgrim and Crystal Lakes. These were recommended by our Marine & Freshwater Quality Committee, which is charged with “identifying problem areas, researching solutions, reviewing external reports, and recommending steps for remediation” regarding water quality in Orleans.
The Marine & Freshwater Quality Committee now recommends a management plan for Boland Pond — the 7.3-acre, spring-fed pond near downtown and next to Orleans Elementary School, which maintains two “outdoor classrooms” along its shore. Why do we need this? Storm runoff from surrounding roads and properties flushes phosphorus and other pollution into the pond, causing eutrophication; basically, the pond is suffocating. Last spring, the pond had a cyanobacteria outbreak and a public health advisory was issued. Remediation is already underway in the form of: 1) Phase 1 of the Comprehensive Wastewater Management Plan, and 2) new stormwater infrastructure under construction on Brewster Cross Road.
(For more information on freshwater ponds in Orleans, and the entire water cycle across Cape Cod, check out EXIT 89’s recent deep dive on water.)
Article 22 asks for $55,000 from free cash to pursue data collection — a.k.a. water sampling and testing — that will inform the development of a management plan. The Select Board and Finance Committee voted unanimously in support. A simple majority vote at Town Meeting is required for it to pass.
Article 20: A Mulligan for Funding Housing
Last spring, voters at the Annual Town Meeting were asked to approve a transfer of $512,500 to the Affordable Housing Trust Fund (AHTF) — something they’ve approved at past meetings without much debate. In May, though, after 22 minutes of fraught discussion, and a certain amount of confusion, it was the only article to fail that night.
Quick recap: The argument against funding the AHTF, made by two Finance Committee members and echoed by several meeting attendees, was that our need for “Attainable” and “Workforce” housing — for residents making more than 80 percent Annual Median Income (AMI) but still unable to live in Orleans — has become as urgent as our need for “Affordable” housing. As it was widely understood that the AHTF could only support 80 percent AMI Affordable housing projects, the “no” vote was a delay in hopes of a potential policy change from the State legislature.
As it turns out, the AHTF was actually permitted to support a somewhat broader spectrum of housing all along. Now that the confusion has been cleared up, residents will get another crack at funding these efforts Monday night. The source of that $500,000? You guessed it, free cash. Select Board Chair Mark Mathison described this article at the October 17 Orleans Citizen’s Forum at the beginning of an explanation about housing (watch from 3:00 - 8:49).
The Select Board and the Finance Committee both voted unanimously in support of the article. A simple majority vote at Town Meeting is required for it to pass.
Article 21: New Housing Strategies
You’ve almost certainly heard we’re in a housing crisis — and you may have heard it said that with the sky-high cost of construction, we can’t build our way out of it. As our new Assistant Director of Planning & Community Development Elizabeth Jenkins told residents at the Orleans Citizens Forum on October 17, “these initiatives will help enable us to make use of the housing we have on the ground, now.”
Specifically, the $500,000 requested in Article 21 will support the implementation of the Orleans Housing Action Plan, which includes a number of programs and policies intended to support housing for year-round residents. The choice of programs to be funded is yet to be determined but may include: 1) “Lease to Locals,” in which a town provides incentives for landlords who reserve their properties for year-round residents (see Provincetown’s “Lease to Locals” program) and 2) deed restrictions, in which homeowners are paid cash by the town for restricting the deed to their home to year-round residency (Nantucket is doing this). Talks with Eastham officials are already underway, according to Jenkins, to create a joint “Lease to Locals” program in which costs would be shared by our two towns. You can listen to Jenkins and Kim Newman discuss this article, and take questions from the audience at the Orleans Citizens Forum (watch from 8:50 - 25:40). The Select Board voted unanimously in support of the article. The Finance Committee voted 5-2-1. A simple majority vote is required at Town Meeting for this article to pass.
Hankering for more?
- Ryan Bray, The Cape Cod Chronicle’s reporter for Orleans, offers this overview of the warrant.
- Watch the entire October 17 Orleans Citizens Forum in which key articles are discussed in detail.
Election Day
No articles at the Special Town Meeting will require a second, election-day ballot vote. Town Clerk Kelly Darling and town staff have their hands full running the General Election this year.
Election Day is Tuesday, November 5, at the Orleans Council on Aging & Senior Center, 150 Rock Harbor Road, from 7 AM to 8 PM.
Early voting has already begun. You can vote in person at Orleans Town Hall until November 1. If you need more information: You can watch a quick video about registering to vote, voting by mail, in-person voting, and the entire election process.
Here’s a sample ballot for the General Election.
EXIT 89 is an independent publication. Our mission is to help Orleans voters make sense of town issues by providing a clear and impartial overview of the latest developments. We want to help fill the information gap, reduce the "mystery" of Town Meeting, and promote vibrant civic engagement.
Our hyperlocal digest is researched and written by journalists Martha Sherrill and Emily Miller. Elaine Baird and Lynn Bruneau are the founding advisors. We are all residents of Orleans. Editing, infographics and tech support are provided by Kazmira Nedeau of Sea Howl Bookshop.
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