Town Counsel Advises Against Orleans Petition Articles

ORLEANS – Two citizens’ petitions are slated to go before voters at the upcoming annual town meeting in May. But the town’s legal counsel last week advised the select board not to give its recommendation to either.

 There are 38 articles currently included in the warrant for the May 11 spring session, which is scheduled for 6 p.m. in the gymnasium of Nauset Regional Middle School. Among the articles are a petition to create the position of assistant council on aging director and a second directing the town to prepare a long-term capital plan and make the necessary preparations for a “nominal” property tax exemption for the town’s year-round residents.

 In her petition, Orleans resident Susan Milton calls for the assistant COA director position to be created and filled by Aug. 15 of this year. It also calls for the union position to be annually funded up to $100,000 by any means, including through a Proposition 2½ override if necessary.

 But Town Counsel Karis North told the select board March 18 that the legality of the petition is “doubtful.” She said that town meeting does not have the authority to create positions under the town charter. Instead, that responsibility lies with the town manager.

 “At most they could perhaps advise on what they think the benefit of this position is, but they can’t direct the town manager to do something that’s within their charter responsibilities,” she said.

 North also said the petition fails to identify a specific source of funding for creating the new position, adding that town meeting cannot call for an override.  

 But the petition aside, Select board Chair Kevin Galligan said that board voted at its prior meeting to “advance” an article for May seeking such an override for the new position.

 “We’ve known about this for years,” he said. “The need is existent. It’s basically there’s not a lot of money in the well to fund it right now unless we do an override.”

 The second petition comes from Orleans resident Tim Counihan, who served on the town’s long-range capital planning committee, which ended in November 2024.

 The committee, which was first established in 2016, was charged with helping prepare the town’s five-year capital plan and to look at potential projects 15 years beyond that. But citing a lack of support for its work in town hall, Counihan and the board’s two other members, John Ostman and Roger Pearson, resigned their posts. 

 In his petition, Counihan said that those long-range capital planning efforts must continue, citing “a large wave” of projects identified in the town’s capital improvement plan and comprehensive wastewater management plan. Those include a debt exclusion of close to $50 million in the capital plan for fiscal 2027 and subsequent debt exclusions of $52 million in FY28 and $46 million in FY30.

 “And these numbers don't include the $82 million in debt exclusion planned for the CWMP over the next five years,” he wrote.

 Counihan’s petition also calls for the town to follow through on efforts to create a residential property tax exemption for year-round residents. A vocal advocate for the exemption, Counihan said its adoption could help taxpayers offset the additional costs brought on by the previously described exclusions.

 Specifically, the petition seeks to direct the town manager to purchase the software needed to accommodate an exemption, and for the select board to vote in favor of adopting the exemption at its next property classification hearing at the end of the year.

 The proposed exemption has been the subject of controversy in town, with advocates arguing that it would help defray the high costs of housing for year-round residents while opponents see it as something that would unfairly and adversely impact the town’s seasonal property owners.

 North, meanwhile, advised against supporting the petition as written.

“The necessary appropriation isn’t there, it’s probably not broad enough and there’s no source for any of the funds that would be needed,” she told the select board.

But efforts to explore the adoption of an exemption are already underway. Counihan authored a previous petition article directing the select board to look into the matter that passed with voters at the May 2025 annual town meeting. The board is considering the possible adoption of an exemption for the 2028 fiscal year.