Annual Town
Meeting
Monday, April 3, 2006 at 6:00 p.m.
Commonwealth
of Massachusetts
Barnstable, ss.
To
either of the Constables of the Town of Provincetown, Greetings:
In the name of the Commonwealth
of Massachusetts and in the manner prescribed in the Charter and By-laws of
said Town, you are hereby directed to notify the inhabitants of the Town
qualified by law to vote in Town affairs to meet and assemble at Provincetown Town Hall on Monday, the Third day of April, A.D. 2006
at 6:00 o'clock in the evening, then and there to act on the following
articles, to wit:
Article 1.
To Hear Town Reports. To see if the Town
will vote to hear the reports of the Town Officials and Committees and to act
thereon.
[Requested by the
Board of Selectmen]
Article
2.
FY 2007 Municipal Operating Budget. To see to if the Town will vote to
raise and appropriate or transfer from available funds the sum of $13,654,421
to
fund operating budgets for the several Town departments for Fiscal Year 2007 in
accordance with Chapter 9, section 1 of the Provincetown Charter, as follows:
|
Division |
FY 2006 |
FY 2007 |
06-07 % |
|
I. General Government |
$1,075,452 |
$1,112,225 |
3.4% |
|
II. Finance |
6,600,805 |
6,543,349 |
-0.9% |
|
III. Public
Safety |
3,102,463 |
3,157,186 |
1.8% |
|
IV. Public
Works |
2,097,817 |
2,097,620 |
0.0% |
|
V. Public Services |
3,456,649 |
744,041 |
-78.5% |
|
Total
Divisions I-V |
$16,333,187 |
$13,654,421 |
-16.4% |
or to take any
other action relative thereto.
[Requested by the Board of Selectmen and the Town Manager]
Article 3.
School
Committee’s Request for Another Audit of Town Finances. To see if the Town will vote to have an
independent audit done of the Town’s finances over the last five years. Said
audit to be done independently from the auditing firm now contracted by the
Town.
[Requested by the School Committee]
Article 4.
FY 2007 Provincetown Public Schools Operating Budget. To see if the Town will vote to raise and appropriate the sum of
$4,152,958.43 to fund the Provincetown Public School System Budget for Fiscal
Year 2007; or take any other action relative thereto.
[Requested by the School Committee]
Article 5.
FY 2007 Cape Cod Regional Technical High School
Assessment.
To see to if the Town will vote raise and appropriate the
sum of $140,935 or any other sum for its assessment for Cape Cod Technical
Regional High School for FY 2007; and further to vote to accept the provisions
of MGL C.71,§16B, which would reallocate the sum of the member towns’
contribution to the Cape Cod Regional Technical High School District in
accordance with the Regional Agreement rather than the Education Reform Formula,
so-called, or to take
any other action relative thereto.
[Requested by the Board of Selectmen and the Town Manager]
Article 6.
FY 2007 Enterprise Funds.
To
see to if the Town will vote to raise and appropriate or transfer from
available funds the following amounts for enterprise funds of the Town of
Provincetown for Fiscal Year 2007:
|
440 Wastewater
Enterprise Fund |
FY 2006 |
FY 2007 |
06-07 % |
|
Enterprise Fund Costs |
$1,947,521 |
$1,858,044 |
|
|
General Fund Costs |
285,600 |
285,600 |
|
|
TOTAL COSTS |
$2,233,121 |
$2,143,644 |
-4.01% |
|
450 Water
Enterprise Fund |
|
|
|
|
Enterprise Fund Costs |
$1,836,749 |
$1,827,567 |
|
|
General Fund Costs |
285,600 |
285,600 |
|
|
TOTAL COSTS |
$2,122,349 |
$2,113,167 |
-0.43% |
or to take any
other action relative thereto.
[Requested by the
Board of Selectmen and the Town Manager]
Article 7.
FY 2007 Capital
Improvements Program. To see if the Town
will vote to raise and appropriate, borrow, or transfer from available funds
the following sums to defray the costs of the Fiscal Year 2007 Capital Improvements
Program submitted in accordance with Chapter 9, section 2 of the Provincetown
Charter as follows:
1.
Replace Fire Rescue Vehicle 199: $170,000 to be expended under the
direction of the Town Manager and the Board of Fire Engineers for the replacement
of Fire Rescue Vehicle 199, and costs related thereto;
2.
Police Fleet Replacement Program: $47,332 to be
expended under the direction of the Town Manager and the Chief of Police for
two police cruisers, and costs related thereto;
3.
Parking Program: $35,200 to be
expended under the direction of the Town Manager and the Chief of Police for a
parking department vehicle and parking lot fee computers, and costs related
thereto;
4.
Stormwater master
plan Improvements: $150,000
to be expended under the direction of the Town Manager and the Director of
Public Works for stormwater master plan improvements, and costs related
thereto;
5.
DPW Road
Reconstruction Phase I: $400,000
to be expended under the direction of the Town Manager and the Director of
Public Works for reconstruction of roadways, and costs related thereto;
6.
DEP Water Management Permit/New Source
Development:
$500,000 to be expended under the direction of the Town Manager and the
Director of Public Works for DEP Water Management Act permitting and new source
development, and for costs incidental and related thereto;
or to take any
other action relative thereto.
[Requested by the
Board of Selectmen and the Town Manager]
Article 8.
FY 2007 Revolving
Accounts. To see if the Town
will vote to continue for FY 2007 the following revolving accounts established
pursuant to MGL C.44,§53E½:
(1) Preservation of Town Hall Auditorium:
to allow receipts from the rental and custodial fees charged for the public use
of Town Hall Auditorium to be segregated into a special account; and with funds
therefrom, up to a limit of $20,000 annually, to be expended for the repair,
updating and refurbishing of the Town Hall Auditorium under the direction of
the Town Manager and Board of Selectmen;
(2) Shellfish Grants: to allow
receipts from Shellfish Grants to be segregated into a special account; and
with funds therefrom, up to a limit of $2,500 annually, to be expended under
the direction of the Shellfish Warden and the Board of Selectmen for the
purpose of shellfish seeding, cultivation on public shellfish areas;
or to take any
other action relative thereto.
[Requested by the
Board of Selectmen and the Town Manager]
Article 9.
Cape Cod Greenhead Fly Control District Assessment. To see if the Town
will vote to raise and appropriate or transfer from available funds the sum of $938.75
for Greenhead Fly Control as authorized by Section 24, Chapter 252 of the
General Laws; and authorize the Town Treasurer to pay said appropriation into
the State Treasury, or to take any other action relative thereto.
[Requested by the Board of Selectmen and the Town Manager]
Article 10.
Community
Preservation Budget for FY 2007. To see if the Town will vote to hear and act on the report of the
Community Preservation Committee on the Fiscal Year 2007 Community Preservation
Budget, to appropriate or reserve from FY 2007
Community Preservation Fund annual revenues the following amounts totaling
$621,905, as recommended by the Community Preservation Committee, with each item considered a separate appropriation:
Reserves:
$478,737 for Community
Housing;
$1,342 for Historic
Resources;
Appropriations:
$58,500 of historic resources funds for Cape Cod Pilgrim Memorial
Association (a/k/a, Pilgrim Monument and Provincetown Museum)
Historic Preservation proposal for restoration of doors, shutters, hinges,
latches, reinforcing beams, railings, walls, and lightening rod.
$83,326 for open space debt service from
CPA open space reserve.
or
to take any other action relative thereto.
[Requested by the Community Preservation
Committee]
Article 11.
Cape End Manor Transition Costs. To see if the Town will vote
to raise and appropriate or transfer from available funds the sum of $400,000
to be expended under the direction of the Town Manager for costs associated
with the transition of the Cape End Manor to the New England Deaconess
Association; or to take any other action relative thereto.
[Requested by the Board of Selectmen
and the Town Manager]
Article 12.
Cape End Manor Board of Directors. To see if the Town will vote
to rescind its vote under Article 60 of the April 11, 1978 Town
Meeting which established a Board of Directors of the Cape End Manor to assist
the Town Manager in the administration of the Cape End Manor, a Town-owned
facility; or to
take any other action relative thereto.
[Requested by the Board of Selectmen and the Town Manager]
Article 13.
Fund
Collective Bargaining Agreements. To see what sums the Town will vote to
raise and appropriate or transfer from available funds to fund collective
bargaining agreements; or to take any other action relative thereto.
[Requested by the Board of Selectmen and the Town Manager]
Article 14.
Resolution: Reduce Police Court Overtime
by Ticketing for Marijuana Possession. To see if the Town will vote to approve the resolution on reducing Police
overtime, as follows: Whereas: It is difficult to control the Police
overtime costs. Injuries to staff are unexpected and unpredictable. Most Cape
Police Departments are at minimum staffing levels in an effort to reduce cost
and save taxpayers money. Do we have insurance for these injuries and their
cost to the Police Department? Whereas: Another area of uncontrollable
overtime expense is in the area of court prosecution and required Police
Officer attendance at the District Court level (Orleans); we have numerous
Police Officers being scheduled for court cases who never testify, since there
are frequent case continuances and the staffing in Orleans has had budget cuts.
Whereas: The Chiefs of Police of the Cape Cod region have been studying
mutual cooperation, information sharing and working together to reduce costs
and try to be creative. Whereas: The arrests for possession of small
amounts of marijuana is considered a misdemeanor and these people are not
jailed, or even found guilty, but are "continued without a finding"
and after six months the finding is removed from the records with a small
variable fine. Whereas: Sending a Police Officer to Orleans in a Town
vehicle for each arrest is wasteful and expensive play-acting. Therefore
I move to see if the Town will vote to ask the Chief of Police to issue for
marijuana possession a warning ticket or a misdemeanor form, like the Traffic
Tickets, to be returned to the Police Department, the fine to be $50, or take
any other action relative thereto.
[Requested by Barbara Rushmore and others]
Article 15.
Tax
Relief for Income Eligible Seniors. To see if the Town will vote to accept the following
changes in accordance with Massachusetts General Laws Chapter 59 section 5
Clause 41C Tax Exemption for Elderly Persons effective Fiscal Year 2006: to
increase the amount of the exemption from $500 to $1,000, to decrease the
minimum age from 70 years to 65 years, to increase the whole estate limit
(excluding domicile) from $28,000 single to $40,000 and from $30,000 married to
$55,000; or to
take any other action relative thereto.
[Requested by the Council on Aging]
Article 16.
Discount
on Sewer Bills for Income Eligible Seniors. To see if the town will vote to accept
a twenty five percent discount for income-eligible seniors on the amount of
sewer user fees (excluding betterments) over the minimum charge. Eligibility criteria as follows: minimum age
65 years, income limit (excluding domicile) $40,000 single, $55,000 married; or to take any other
action relative thereto.
[Requested by
the Council on Aging]
Article 17.
Resolution: Big Tax Break for Full-time Residents. To see if
the Town will vote to approve the resolution to provide a tax exemption for
full-time residents, as follows: Whereas: According to Massachusetts General Laws,
Chapter 40, Section 56 of the Acts of 1982 and Chapter 79 of the Acts of 1983
the Board of Selectmen is annually charged with the Allocation of Local
Property Taxes by adoption of a Residential Factor, a Residential Exemption
and/or adoption of a Small Business Exemption. Whereas: All classes of
property have been uniformly assessed by the Assessors according to law. Whereas:
The Selectmen have the option of shifting the tax burden to the Commercial (and
Personal Property) Class by one to fifty percent by allocation by a Residential
Factor. Any increase to the tax burden to Commercial would be offset by a
decrease in the taxes paid by the Residential Class of property owners. To
date, the Town’s policy has been to select a "Factor of One", that is
equal rates for Commercial and Residential. Whereas: At the option of
the Selectmen, an EXEMPTION of not more than 20% of the average assessed value
of all Residential properties may be applied to Residential properties which
are the principal residence of the taxpayer. Principal residence is the taxpayer’s
domicile, that is, his fixed place of habitation, permanent home and legal
residence as used for Federal and State Income Tax and Town tax purposes. (The
Selectmen also have the option of granting up to 10% exemption to the owners of
Commercial property, which is occupied by qualified small businesses.) Whereas:
The Residential taxes paid by full-time residents have risen greatly and has
been one of the causes of many long-time, full-time residents to sell out and
move away. Whereas: Adoption of the Full-time Residential Exemption
would affect all non-resident property owners and all residential properties in
the higher value ranges. There are more than 50% of property owners whose tax
bills are sent out of town. Therefore: I move to see if the Town will
vote to urge the Selectmen to adopt a 20% Residential Exemption for Full-time
Residents, defined as those whose property is the taxpayer’s domicile, that is
his fixed place of habitation, permanent home and legal residence, as used for
Federal and State Income Tax and Town tax purposes, for the Fiscal Year 2007
tax year, or take any other action relative thereto.
[Requested by Barbara Rushmore and others]
Article 18.
Resolution: Lock In Real Estate Taxes. To see if
the Town will vote to approve the resolution to lock in real estate taxes for
full-time residents, as follows: Whereas: Many taxpayers don’t have the means to
pay ever increasing real estate taxes and yet would like to share equally in
running the Town; Therefore: I move to see if the Town will vote that
any Full-time Resident of Provincetown, (one whose principal residence is the
taxpayer’s domicile, that is, his fixed place of habitation, permanent home and
legal residence as used for Federal and State Income Tax and Town tax purposes)
can, upon application, defer paying any real estate taxes above the Fiscal Year
2005 level. The lien for these unpaid taxes would be paid with interest when
the title to the property changes, or take any other action relative thereto.
[Requested by Barbara Rushmore and others]
Article 19.
Home Rule Petition/Charter
Amendment/Eliminate Term Limits. To see if the Town will vote to instruct its senator and
representative in the General Court to file a home rule petition for a special
act to read as follows:
SECTION 1. The Charter of the Town of Provincetown which is on file in the office of the Archivist of the
Commonwealth as provided in Section 12 of Chapter 43B of the General Laws is
hereby amended by striking Chapter 3, Article 3, section 3-4-4, which currently
reads as follows: “A member of a town board shall not serve on that town board
for more than three consecutive terms.
For the purposes of this section, service to complete the term of
another member shall constitute service for one term if the balance of said
term being completed is more than fifty percent of the original term. A person
who has been prohibited from serving on a town board by this section may be
reelected or reappointed to that board after two years have elapsed from the
ending date of his or her previous service.”
SECTION 2. This act shall take effect upon its
passage.
The General
Court may only make clerical or editorial changes of form to the bill, unless
the Board of Selectmen approves amendments to the bill before enactment by the
general court. The Board of Selectmen is hereby authorized to approve
amendments which shall be within the scope of the general public objectives of
this petition; or to take any other action
relative thereto.
[Requested by
the Board of Selectmen]
Article 20.
Zoning By-law Amendment:
Outside Vending by-law. To see if the Town will vote
to amend the Provincetown Zoning By-laws, as follows, with added text shown in
italics and deleted text shown in strikethrough:
(1) Add
the following definitions to Article 1 Definitions:
Outside
Vending: Any use involving an Outside
Vending Unit but does not include adjunct display of representative merchandise
of a business located on the same lot.
Outside Vending
Site: The precise location and
placement of the Outside Vending Unit on a lot.
Outside Vending
Unit: A mobile or stationary
apparatus utilized for the purpose of sale or display of merchandise or
Fast-Order-Food and which is designed and intended so as not to be a permanent
fixture on a lot.
Outside Vendor: A business or person engaged in Outside Vending.
(2) Add Outside Vending
(Retail Sales) and Outside Vending
(Fast Order Food) to Section 2314 Harborfront Overlay District Special
Permit Uses so that it reads as follows:
2314 Special Permit Uses The following uses are allowed in the Harborfront Area on Special
Permit from the Zoning Board of Appeals unless prohibited in an underlying
district:
|
B4a |
Neighborhood |
|
B4b |
Art Gallery |
|
B4e |
Package Store |
|
B4f |
Outside
Vending (Retail Sales) |
|
B4 |
All other retail |
|
B5 |
Restaurant, Bar |
|
B7 |
Parking Lots |
|
B8 |
Outside
Vending (Fast Order Food) |
(3) Add Outside Vending to Section 2400 Permitted Principle Uses under B4
Retail Sales or Service and B8 Fast Order Food as follows:
|
B4 |
Retail
Sales or Service |
Res. 1 |
Res. 2 |
Res. 3 Res. B |
TCC |
GC |
S |
M |
|
|
a. neighborhood |
BA |
BA |
BA |
YES |
YES |
NO |
NO |
|
|
b. art gallery |
NO |
NO |
YES |
YES |
YES |
NO |
NO |
|
|
c. motor vehicle sales, rental or service |
NO |
NO |
NO |
BA |
YES |
NO |
NO |
|
|
d. marine service, boat sales |
NO |
NO |
NO |
YES |
YES |
NO |
NO |
|
|
e. package store |
NO |
NO |