Special Town Meeting

Monday, November 7, 2005 at 6:00 p.m.

Article 3. General By-law Amendment - Establish Economic Development Council and Economic Development Permits. To see if the Town will vote to amend the general bylaws of the Town to add section 5-15 as follows:

15-15. Economic Development Council and Economic Development Permits

1. There shall be an Economic Development Council to advise the Board of Selectmen on the development of strategies consistent with the Local Comprehensive Plan which will foster a sustainable year-round economy for Provincetown. The council shall consist of seven members appointed by the Board of Selectmen. When first established, the terms of the members shall be for one, two or three years and so arranged that the terms of approximately one third of the members will expire each year, and their successors shall be appointed for a term of three years.

2. Members of the council shall have education and experience in one or more of the following fields: tourism and visitor services, arts and culture, retail, general business, education, health care, commercial fishing and aquaculture, and housing and construction; and the council as a whole shall include persons with education and experience in several of these fields. In fulfillment of its mission, the council shall actively solicit ongoing input from businesses, organizations, and interested individuals.

3. The Selectmen may appoint up to two alternate members who may be designated by the chairman or chairman pro tem to act in the place of a regular member who is absent or unable to act upon any matter that comes before the council.

4. The Board of Selectmen is hereby authorized to issue economic development permits. The Board shall adopt guidelines, hereinafter referred to as “Permit Guidelines”, for such economic development permits after consideration of the recommendations, if any, of the council. Applications for an economic development permit shall be filed in the Office of the Board of Selectmen, whereupon the Town Manager shall without undue delay refer the application to the council for its review and recommendations. The Board shall consider its guidelines and the recommendations, if any, of the council, with respect to each permit application. Economic development permits may be used to qualify for such preferences and permits as may be established by the Town or its boards or officers by guidelines, regulations or bylaws having as their purpose fostering year-round economic development. Each property for which an economic development permit is granted shall be deemed a public service use under Section 3 of Chapter 157 of the Acts of 2000. Economic development permits may require the execution of an agreement, a covenant or other recordable instrument that ensures the continued use of the property in question for purposes consistent with the Permit Guidelines and the conditions pursuant to which the economic development permit was issued.

5. For the purpose of fostering a sustainable year-round economy, the council shall develop and recommend to the Board of Selectmen guidelines for the issuance of economic development permits, shall review applications referred to the council for economic development permits, and shall make recommendations to the Board of Selectmen relative to said economic development permit applications.

6. The Board of Selectmen may acquire in the name of the town by gift or grant, or by purchase with funds that may be appropriated or otherwise available for such purpose, covenants with respect to real property, or enter into agreements with respect to real property, for such term of years as the Selectmen deem appropriate, the purpose of which is to ensure that said property shall be used for purposes consistent with the Permit Guidelines and the conditions pursuant to which the economic development permit was issued. Such agreements or covenants shall be enforceable by the Board of Selectmen, which may amend or release any such agreement or covenant if the Board of Selectmen deems such amendment or release to be in the best interest of the Town.

Or to take any other action relative thereto.

[Requested by the Board of Selectmen]

BOARD OF SELECTMEN RECOMMENDS: 5-0-0

ECONOMIC DEVELOPMENT COUNCIL RECOMMENDS: 5-0-0

FINANCE COMMITTEE HAS NO RECOMMENDATION

Cheryl Andrews moved that the Town vote to amend the general bylaws of the Town to add section 15 5 -15, Economic Development Council and Economic Development Permits, as printed in the warrant with the following changes: Strike the numbering of 15-15 for the entire section and replace with 5-15, and in Section 15 5 -15-5, strike the word "shall" and insert in place thereof the word "may" in two places, so that said section reads as follows:

5. For the purpose of fostering a sustainable year-round economy, the council shall develop and recommend to the Board of Selectmen guidelines for the issuance of economic development permits, shall may review applications referred to the council for economic development permits, and shall may make recommendations to the Board of Selectmen relative to said economic development permit applications.

Jonathan Sinaiko moved to amend motion by including the following sentence to item 1: The Council will also work aggressively with the School Committee to find ways to increase enrollment in the Provincetown Junior High School and High School.

Motion Passed.

Motion As Amended Passed.