|
Return to Town Meeting Resources |
Special Town Meeting |
Preliminary
motions:
Cheryl Andrews moved that the Town vote to waive the reading of the
warrant. Motion
Passed.
Cheryl Andrews moved that the Town vote to grant permission to
speak at the
Chad Edwards, Provincetown
High School Student Poet Laureate; John W. Giorgio, Esq., and other
attorneys of the firm of Kopelman & Paige, P.C., Town Counsel; Alexandra Heilala, Town Accountant; Beau Jackett,
Information Systems Director; Michelle Jarusiewicz,
Acting Assistant Town Manager; Matthias Mulvey, Interim
Building Commissioner; Maxine Notaro, Permit Coordinator; Dr. Floriano Pavao, PHS Principal; Warren D. Tobias, Acting Chief of Police; and Betty White, Administrative Assistant for
Business and Finance, School Department. Motion Passed.
Cheryl Andrews moved that on all matters to come before the April
4, 2007 Special Town Meeting, requiring a two-thirds vote by statute, that a
count need not be taken unless the vote so declared is immediately questioned
by seven or more registered voters. Motion
Passed.
Article 1. Phase II Sewer
Project. To
see if the Town will vote to appropriate and borrow the sum of $175,000 for
Phase II of the sewer project, with said borrowing authority contingent upon the voters approval of a Proposition
2½ override ballot question, in accordance with the provisions of MGL C. 59,
§21C(m); with said sum to be expended
under the direction of the Town Manager and the Board of Selectmen for
the development of plans and specifications for optimization and expansion to
the Town’s sewerage systems, and including without limitation all costs defined
under C.29C,§1 of the General Laws; and to raise said appropriation the Town
Treasurer, with the approval of the Board of Selectmen, is authorized to borrow
said sum of money under and pursuant to C.44,§7(1) and/or C.29C of the General
Laws, or any other enabling authority, and to issue bonds or notes of the Town therefor; and that to the extent that any State, Federal or
other funds are or become available for the purposes set forth above, the Board
of Selectmen is authorized to apply for and accept such funds; and, further,
the Town votes to authorize the Water and Sewer Board to assess one hundred
percent of the project cost to the Town upon those who benefit from the
project, such assessments to be made by the Uniform Unit method as provided by
General Laws Chapter 83, Section 15; or to take any other action relative thereto.
[Requested by the Board of Selectmen]
BD OF SELECTMEN RECOMMENDS INDEFINTE
POSTPONEMENT: 3-0-0
FINANCE COMMITTEE RECOMMENDS:
CONSERVATION COMMISSION RECOMMENDS: 3-0-0
Cheryl Andrews moved that
the Town vote to indefinitely postpone action on Article 1. Motion Passed.
Article 2. Community Preservation Funds for
Community Housing Phase II Sewer Costs. To see if the
Town will vote to hear and
act on the report of the Community Preservation Committee, to appropriate from
Community Preservation Fund revenues, as recommended by the Community
Preservation Committee, the sum of $100,000 of community
housing funds to create a fund to reserve 20,000 GPDs
of Title 5 design flow for community housing to be built in Phase II of the
sewer project, provided that amounts expended hereunder shall be repaid to the
Community Preservation Fund by the developer of such community housing upon
issuance of the final betterment assessment by the Water & Sewer Board;
or
to take any other action relative thereto.
[Requested by the Community Preservation
Committee]
COMMUNITY PRESERVATION COMMITTEE
RECOMMENDS: 7-0-0
BOARD OF SELECTMEN RECOMMENDS: 3-0-0
FINANCE COMMITTEE RECOMMENDS: 8-0-0
LOCAL HOUSING PARTNERSHIP RECOMMENDS:
4-0-0
HOUSING AUTHORITY RECOMMENDS: 4-0-1
BOARD OF HEALTH RECOMMENDS: 4-0-1
WATER & SEWER BOARD RECOMMENDS: 3-0-0
Elaine
Anderson move that the Town vote to transfer from the Community Preservation
Fund community housing reserve the sum of $100,000 for the purposes specified
in Article 2. Motion Passed.
Article 3. Establishment
of
SECTION 1. The second sentence of Section 1
of Chapter 230 of the Acts of 2002 is hereby amended to read as follows: “Expenditures from the Affordable
Housing Trust Fund shall be authorized by a majority vote of said housing
authority, in consultation with the Provincetown housing partnership the
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 and the Town Manager]
BOARD OF SELECTMEN RECOMMENDS: 3-0-0
FINANCE COMMITTEE RECOMMENDS: 6-0-0
LOCAL HOUSING PARTNERSHIP RECOMMENDS: 4-0-0
HOUSING AUTHORITY RECOMMENDS: 5-0-0
COMMUNITY PRESERVATION COMMITTEE
RECOMMENDS: 5-0-0
Cheryl
Andrews moved that the Town vote to approve Article 3 as printed in the warrant
with the following amendments:
(1)
By amending the first sentence of said article to reads as follows: “to
vote to establish the Provincetown Community Housing Council, to be comprised
of four regular and two alternate members appointed by the Board of
Selectmen, and one regular member appointed by the Housing Authority, all
for staggered three-year terms.” and
(2)
by adding, “further, that the Town vote to
amend the Provincetown General By-laws deleting all references therein to the
‘Provincetown Local Housing Partnership [PLHP]’ and inserting in place thereof
‘Provincetown Community Housing Council [PCHC].’” Motion Passed.
Article 4. Zoning
Amendment –
[Requested by
the Board of Selectmen, the Housing Authority, and the Town Manager]
BOARD OF SELECTMEN RECOMMENDS: 3-0-0
PLANNING BOARD RECOMMENDS: 3-0-0
LOCAL HOUSING PARTNERSHIP RECOMMENDS:
4-0-0
HOUSING AUTHORITY RECOMMENDS: 5-0-0
Zoning
Amendment - 2/3’s vote required
Richard
Olson moved that the Town vote to amend the Provincetown Zoning By-laws by
deleting all references therein to the “Provincetown Local Housing Partnership
[PLHP]” and inserting in place thereof “Provincetown Community Housing Council
[PCHC].” Motion Passed.
(2/3rd’s Vote Declared)
Article 5. Home Rule Petition Provincetown Community
Housing Bank – Real Estate Transfer Fee. 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 transfer fee equal to 1.5 percent and paid by the seller on the
sale of all property, providing that: (a) all primary residences be allowed to
first exempt from the fee an amount equal to the median price of a home sold in
Barnstable County for the previous calendar year ($360,000 in 2005); (b) there
be public accountability to insure that the funds collected shall be dedicated
effectively to the creation and preservation of affordable/community housing
opportunity serving a population earning up to 150 percent of area median
income and (c) the transfer fee cease ten years after its initial
implementation; with said special act to read as follows:
SECTION
1.
For the purposes of this
act, the words and phrases set forth in this section shall have the following
meanings:
"Community Housing", rental and
home ownership housing units for use by those residents of Provincetown earning
150 per cent or less of the median household income for Barnstable county, as calculated and adjusted for household size
annually by the federal Department of Housing and Urban Development (HUD); this
percentage of median income, should economic conditions warrant a change, can
be adjusted by a majority vote of the community housing council.
"Eligible
Applicants", non-profit and for-profit corporations and organizations,
individuals, and public entities.
"Housing Bank", the
Provincetown Community Housing Bank, established by section 2.
"Community housing
council", the Provincetown Community housing council, established by
section 3.
"Legal representative", with
respect to any person, shall mean any other person acting under a written
power-of-attorney executed by that person, but any affidavit attesting to the
true and complete purchase price of real property, submitted to the community
housing council under section 9, may also be signed on behalf of that person by
an attorney admitted to practice in the commonwealth.
"Purchaser",
the transferee, grantee or recipient of any real property interest.
"Purchase price", all
consideration paid or transferred by or on behalf of a purchaser to a seller or
a seller's nominee, or for the seller's benefit, for the transfer of any real
property interest, including, but not limited to, all cash or other property
paid or transferred by or on behalf of the purchaser to discharge or reduce any
obligation of the seller; the principal amount of all notes or their
equivalent, or other deferred payments, given or promised to be given by or on
behalf of the purchaser to the seller or the seller's nominee; the outstanding
balance of all obligations of the seller which are assumed by the purchaser or
to which the real property interest transferred remains subject after the
transfer, determined at the time of transfer but excluding real estate taxes or
other municipal liens or assessments which are not overdue at the time of the
transfer; and the fair market value at the time of transfer of any other
consideration or thing of value paid or transferred by or on behalf of the
purchaser, including, but not limited to, any property, goods or services paid,
transferred or rendered in exchange for the real property interest.
"Real property interest", any
present or future legal or equitable interest in or to real property, and any
beneficial interest therein, including the interest of any beneficiary in a
trust which holds any legal or equitable interest in real property; the interest
of a partner or member in a partnership or limited liability company, the
interest of a stockholder in a corporation, the interest of a holder of an
option to purchase real property, the interest of a buyer or seller under a
contract for purchase and sale of real property, and the transferable
development rights created under Massachusetts General Laws chapter 183A; but
shall not include any interest which is limited to any of the following: the dominant estate in any easement or right
of way; the right to enforce any restriction; any estate at will or at
sufferance; any estate for years having a term of less than thirty years; any
reversionary right, condition, or right of entry for condition broken; and the interest of a mortgagee or other
secured party in any mortgage or security agreement.
"Seller", the
transferor, grantor or immediate former owner of any real property interest.
"Time of transfer", of any real
property interest shall mean, the time that the transfer is legally effective
between the parties to the transfer, and, with respect to a transfer evidenced
by an instrument recorded with the appropriate registry of deeds or filed with
the assistant recorder of the appropriate registry district, not later than the
time of the recording or filing.
SECTION 2. There shall be a Provincetown Community
Housing Bank, to be administered by a community housing council established by
section 3, for the purpose of providing funding for community housing as set
forth in section 5. The Housing Bank shall be a body politic and corporate and
a public instrumentality, and the exercise of the powers conferred upon the
Housing Bank by this act shall be considered to be the performance of an
essential governmental function.
SECTION 3.
(a) The Provincetown Community Housing
Bank shall be administered by a community housing council consisting of five
(5) regular and two (2) alternate members who are legal residents of
(b) Administration: Members shall serve
without compensation. The community housing council shall elect a chairman and
a vice chairman from among their regular members and shall elect a secretary
and a treasurer who may be the same person, and who need not be members of the
community housing council. The members of the community housing council shall
adopt, after holding a public hearing, rules and regulations for conducting its
internal affairs and procedural guidelines for carrying out its
responsibilities under this act.
(c) Quorum: A quorum for the
SECTION 4A. The community housing council shall (a)
provide funding as has been first approved by an annual or special town meeting
of the town of Provincetown, in the form of grants, loans, loan guarantees,
lines of credit, interest subsidies, rental assistance or any other means
determined to further the goals of the housing bank for eligible community
housing activities under section 5, (b) accept gifts of funds to further the
purposes of the housing bank; (c) prepare an annual budget, provided however no
more than 5% of all funds received by the housing bank during any fiscal year
may be spent for administration purposes without approval by an annual or
special town meeting of the town of Provincetown, (d) hire staff and obtain
professional services that are necessary in order to perform its duties; (e)
adopt regulations and procedures that it considers necessary or appropriate,
subject to this act, regarding the use and investment of its funds and the
keeping of records and accounts; (f) adopt
procedures in the form of rules and regulations that it considers
necessary or appropriate setting forth its programmatic goals, policies and
recommendations to serve as standards for decisions to provide funding for programs under section 5, provided however,
such procedures shall not take effect until approved by an annual or special
town meeting of the town of Provincetown; and (g) enter into and enforce
contracts that it considers necessary to achieve the goals of this legislation.
SECTION 4B.
The Town of
SECTION 4C. The housing bank may issue
bonds and notes to further the purposes of the housing bank but only if the
issuance of these bonds or notes has been approved by a two thirds majority
vote at a
The Community housing council may enter
into any agreements, including without limitation a loan agreement and a trust
agreement, necessary to effectuate and to secure any bonds or notes issued by
the housing bank. Such agreements may
pledge or assign, in whole or in part, the revenues and other money held or to be
received by the housing bank. Such
agreements may contain such provisions for protecting and enforcing the rights,
security and remedies of the holders of such bonds or notes, including, without
limiting the generality of the foregoing, provisions defining defaults and
providing for remedies in the event thereof which may include the acceleration
of maturities and covenants setting forth the duties of, and limitations on,
the housing bank in relation to the custody, safeguarding, investment and
application of money, the issuance of additional debt obligations, the use of
any surplus proceeds of the borrowing, including any investment earnings
thereon, and establishment of special funds and reserves.
The pledge of any such agreement shall be
valid and binding and shall be deemed continuously perfected for the purposes
of the Uniform Commercial Code from the time when the pledge is made; the
revenues, money, rights and proceeds so pledged and then held or thereafter
acquired or received by the housing bank shall immediately be subject to the
lien of such pledge without any physical delivery or segregation thereof or
further act; and the lien of any such pledge shall be valid and binding against
all parties having claims of any kind in tort, contract or otherwise against
the town or county, irrespective of whether such parties have notice
thereof. No document by which a pledge
is created need be filed or recorded except in the records of the housing bank
and no filing need be made under the Uniform Commercial Code.
The trustee with respect to any such
trust agreement entered into pursuant to this section shall be a trust company
or a bank having the powers of a trust company within the commonwealth. Any such trust agreement may provide that any
money received thereunder may be held, deposited or
invested by the trustee, notwithstanding the provisions of section 7A pending
the disbursement thereof, in any deposits or investments which are lawful for
the funds of savings banks and shall provide that any officer with whom or any
bank or trust company with which such money shall be deposited shall act as
trustee of such money and shall hold and apply the same for the purposes hereof
and thereof, subject to such regulation or limitation as this act or such trust
agreement may provide.
It shall be lawful for any bank or trust
company within the Commonwealth to act as depository of the proceeds of bonds
or notes, revenues or other money hereunder and to furnish such indemnifying
bonds or to pledge such security, if any, as may be required by the
Council. Any trust agreement entered
into pursuant to this section may set forth the rights and remedies of the
holders of any bonds or notes and of the trustee and may restrict the individual
rights of action by any such holders. In
addition to the foregoing, any such trust agreement may contain such other
provisions as the Council may deem reasonable and proper. All expenses incurred in carrying out the
provisions of such trust agreement may be treated as part of the cost of
operation of the housing bank and paid from the revenues or other funds pledged
or assigned to the payment of the principal of and the premium, if any, and
interest on the bonds or notes or from any other funds available to the housing
bank. In addition to other security
provided herein or otherwise by law, bonds or notes issued under this section
may be secured, in whole or in part, by insurance or by letters or lines of
credit or other credit facilities issued to the housing bank by any bank, trust
company or other financial institution, within or without the Commonwealth, and
the housing bank may pledge or assign any of its revenues as security for the
reimbursement by the housing bank to the issuers of such letters or lines of
credit, insurance or credit facilities of any payments made thereunder.
SECTION 4D. If at any time any principal or interest is
due or about to come due on any bonds or notes of the housing bank to secure
which the full faith and credit of the town of Provincetown shall have been
pledged and funds to pay the same are not available, the Council shall certify
to the town treasurer and selectmen of the town the amount required to meet
such obligations and the town treasurer shall thereupon pay over to the housing
bank the amount so certified from any funds in the treasury. For the purpose of providing or restoring to
the treasury the sums so paid over to the housing bank, the town treasurer,
with the approval of the selectmen, is authorized to incur debt outside the
town's debt limit and issue notes therefore for a period not exceeding two
years and to renew or refund the same from time to time until the town shall
have received from the housing bank sufficient funds to repay such notes and
the interest thereon in full. Whenever
the town shall have been required to pay over any sums of money to the housing
bank under this section, the housing bank shall be precluded from issuing any
grants or purchasing, constructing or making improvements to land or housing,
or issuing any of its bonds or notes for purposes other than repaying the town,
until the housing bank shall have repaid the town in full for all sums paid to
the housing bank hereunder, including interest on any notes issued for such
purpose, unless the town shall have appropriated sufficient funds for such
purpose at a town meeting.
SECTION 4E.
Bonds and notes issued under the provisions of this act are hereby made
securities in which all public officers and public bodies of the Commonwealth
and its political subdivisions, all insurance companies, trust companies in
their commercial departments, savings banks, cooperative banks, banking
associations, investment companies, executors, administrators, trustees and
other fiduciaries may properly and legally invest funds, including capital in
their control or belonging to them. Such
bonds and notes are hereby made securities that may properly and legally be
deposited with and received by any state or municipal officer or any agency or
political subdivision of the Commonwealth for any purpose for which the deposit
of bonds or obligations of the Commonwealth is now or may hereafter be
authorized by law.
SECTION 4F.
Notwithstanding any of the provisions of this act or any recitals in any
bonds or notes issued under this act, all such bonds and notes shall be deemed
to be investment securities under the Uniform Commercial Code.
SECTION 4G. The Housing Bank's revenues
and income will be used solely for the furtherance of its public purposes and
shall be exempt from taxation. The Housing Bank and all its revenues, income
and real and personal property used solely by the Housing Bank in furtherance
of its public purposes from the date of acquisition thereof, shall be exempt
from taxation and from betterments and special assessments and the Housing Bank
shall not be required to pay any tax, excise or assessment to or for the
Commonwealth or any of its political subdivisions. Bonds and notes issued by the Housing Bank,
their transfer and the income therefrom, including
any profit made on the sale thereof, shall at all times be exempt from taxation
within the Commonwealth.
SECTION 4H. With authorization of an annual or special
town meeting of the town of Provincetown as provided for in section 4C of this
Act, bonds and notes may be issued under this act without obtaining the consent
of any department, division, commission, council, board, bureau or agency of
the town of Provincetown, except that the full faith and credit of the town of
Provincetown shall not be pledged for the payment of such bonds or notes unless
such pledge shall have been authorized by a two-thirds vote as provided in this
Act, and without any other proceedings or the happening of any other conditions
or things than those proceedings, conditions or things which are specifically required
therefore by this act. The validity of
and security for any bonds and notes issued by the housing bank shall not be
affected by the existence or nonexistence of any such consent or other
proceedings, conditions or things.
SECTION 5. The Provincetown Community Housing Bank
shall be a funding agency only, but may acquire by purchase, lease or gift
offices for its operation, and may enter into leasebacks, mortgages or other
loans for this purpose. Upon receiving applications from eligible applicants in
a competitive process which will include public notice of funding availability,
and in a form prescribed by the council, and upon compliance with the
provisions of section 4A of this Act, the housing bank will provide funding for
eligible community housing activities as defined below, while respecting
special
Eligible community housing activities for
receipt of funding shall include, but not be limited to, the following:
(a) Purchase and rehabilitation of
existing structures for rental or home ownership;
(b) Construction of rental or home
ownership housing and necessary on-site or off site infrastructure, including
mixed use development;
(c) Purchase of land, and any and all
improvements including easements;
(d) Down payment assistance, grants and
soft second loans;
(e) Rental assistance programs;
(f) Modernization and capital
improvements of existing rental and ownership housing;
(g) Creation of apartments and other
ancillary housing;
(h) Housing counseling, predevelopment
costs and technical assistance associated with creating community housing
projects and programs; and
(i) Mixed -use
development projects.
SECTION 6. All housing units created by funding
from a housing bank under this act shall be deed restricted in perpetuity for
use as community housing as defined in section 1 of this act, except in cases
when the community housing council determines that a deed restriction is not
feasible, and except in cases when the community housing council makes a
finding that such a deed restriction would delay, prevent or otherwise defeat
the purpose of developing and making available to the public Community Housing.
SECTION 7A. The Community housing council shall meet
its financial obligations by drawing upon a fund to be set up as a revolving or
sinking account of the community housing council in the treasury of the Town of
SECTION 8. The community housing council shall keep
a full and accurate account of its actions including a record of when, from or
to whom, and on what account money has been paid or received under this act.
These records shall be subject to examination by the director of accounts or
the director's agent under section 45 of chapter 35 of the General Laws. There shall be an annual audit conducted by a
duly recognized accounting firm, and a copy of that audit shall be distributed
to the Board of Selectmen of the Town of
SECTION 9. There is hereby imposed a fee equal to
one-and-one-half per cent of the purchase price upon the transfer of any
interest in real property located within the Town of
SECTION 10. At any time within seven days after the
issuance of the certificate of payment of the fee imposed by section 9, the
seller or the seller's legal representative may return the certificate to the
community housing council or its designee for cancellation, together with an
affidavit signed under oath or under the pains and penalties of perjury that
the transfer has not been consummated.
After receiving this certificate and affidavit, the community housing
council shall in due course return the fee to the seller or the seller's legal
representative.
SECTION 11. The following transfers of real property
interests shall be exempt from the fee established by section 9. Except as
otherwise provided, the seller shall have the burden of proof that any transfer
is exempt under this section and any otherwise exempt transfer shall not be
exempt in the event that such transfer (by itself or as part of a series of
transfers) was made for the primary purpose of evading the fee imposed by
Section 9.
(-a-) Transfers to the
government of the
(-b-) Transfers which, without additional
consideration, confirm, correct, modify or supplement a transfer previously
made.
(-c-) Transfers made as gifts without
consideration. In any proceeds to
determine the amount of any fee due hereunder, it shall be presumed that any
transfer for consideration of less than fair market value of the real property
interests transferred was made as a gift without consideration to the extent of
the difference between the fair market value of the real property interests
transferred and the amount of consideration claimed by the seller to have been
paid or transferred, if the purchaser shall have been at the time of transfer
the spouse, the lineal descendant, or the lineal ancestor of the seller, by
blood or adoption, and otherwise it shall be presumed that consideration was
paid in an amount equal to the fair market value of the real property interests
transferred, at the time of transfer.
(-d-) Transfer to the trustees of a trust
in exchange for a beneficial interest received by the seller in such trust;
distributions by the trustees of a trust to the beneficiaries of such trust.
(-e-) Transfers by operation of law
without actual consideration, including but not limited to transfers occurring
by virtue of the death or bankruptcy of the owner of a real property interest.
(-f-) Transfers made in partition of land
and improvements thereto, under chapter two hundred and forty-one of the
General Laws.
(-g-) Transfers to any charitable
organization as defined in clause Third of section five of chapter fifty-nine
of the General Laws, or any religious organization, provided that the real
property interests so transferred will be held by the charitable or religious
organization solely for its public charitable or religious purposes.
(-h-) Transfers to a mortgagee in
foreclosure of the mortgage held by such mortgagee, and transfers of the
property subject to a mortgage to the mortgagee in consideration of the
forbearance of the mortgagee from foreclosing said mortgage.
(-i-) Transfers
made to a corporation or partnership or limited liability company at the time
of its formation, pursuant to which transfer no gain or loss is recognized
under the provisions of section three hundred and fifty-one or seven hundred
and twenty-one of the Internal Revenue Code of 1986, as amended; provided,
however, that such transfer shall be exempt only in the event that (i) with respect to a corporation, the transferor retains an
interest in the newly formed corporation which is equivalent to the interest
the transferor held prior to the transfer, or (ii) with respect to a
partnership or limited liability company, the transferor retains after such
formation rights in capital interests and profit interests within such
partnership or limited liability company which are equivalent to the interest
the transferor held prior to the transfer.
(-j-) Transfers made to a stockholder of
a corporation in liquidation or partial liquidation of the corporation, and
transfers made to a partner of a partnership or to a member of a limited
liability company in dissolution or partial dissolution of the partnership or
limited liability company; but the transfer shall be exempt only if (i) with respect to a corporation, the transferee receives
property (including real property interests and other property received) which
is the same fraction of the total property of the transferor corporation as the
fraction of the corporation's stock owned by the transferee prior to the
transfer or (ii) with respect to a partnership or limited liability company,
the transferee receives property (including real property interests and other
property received) which is the same fraction of the property of the
partnership or limited liability company as the fraction of the capital and
profit interests in the transferor formerly owned by the transferee.
(-k-) Transfers
consisting of the division of marital assets under the provisions of section
thirty-four of chapter two hundred and eight of the General Laws or other
provisions of law.
(-l-) Transfers of property consisting in
part of real property interests situated in Barnstable county and in part of
other property interests, to the extent that the property transferred consists
of property other than real property situated in Barnstable county; provided
that the purchaser shall furnish the Council with such information as it shall
require or request in support of the claim of exemption and manner of
allocation of the consideration for such transfers.
(-m-)
The first amount equal to the median price of a single family home sold
in Barnstable County for the previous calendar year of the sale price of any
transfer or series of transfers of real property interests in a single parcel,
provided, however, that such an exemption shall be applied only to the
principal residence of a taxpayer as used by the taxpayer for income tax
purposes.
(-n-)
Transfers of minority interests in corporations, trusts, partnerships or
limited liability companies which are publicly traded,
which trades are not part of a series of transfers which together constitute a
transfer of control of a corporation, trust, partnership or limited liability
company.
SECTION 12. A seller who fails to pay all or any
portion of the fee established by section 9 on or before the time when the fee
is due shall be liable for the following additional payments in addition to the
fee:
(a) Interest. The seller shall pay
interest on the unpaid amount of the fee to be calculated from the time of
transfer at a rate equal to prime rate at the time of transfer plus 1 per cent
per annum, adjusted each year in accordance with changes in prime rate.
(b) Penalties. Any person who, without
fraud or willful intent to defeat or evade a fee imposed by section 9, fails to
pay all or a portion of the fee within 30 days after the time of transfer,
shall pay a penalty equal to five per cent of the outstanding fee as determined
by the community housing council for each month or portion of a month that the
fee is not paid in full, but in no event shall the amount of any penalty
imposed under this paragraph exceed 25 per cent of the unpaid fee due at the
time of transfer. Whenever the community housing council determines that all or
a portion of a fee due under section 9 was unpaid due to fraud with intent to
defeat or evade the fee, a penalty equal to the amount of the fee as determined
by the community housing council shall be paid by the seller in addition to the
fee.
SECTION 13A. (a) The Community housing council shall
notify a seller by registered or certified mail of any failure to discharge in
full the amount of the fee due under section 9 and any penalty or interest
assessed. The Community housing council shall grant a hearing on the matter of
the imposition of the fee, or of any interest or penalty assessed, if a
petition requesting a hearing is received by the Community housing council
within 30 days after the mailing of the notice. If the Council has determined
that a fee is due by asserting the application of the evasion of fee doctrine
described in section 11 of this Act, then the seller shall have the burden of
demonstrating by clear and convincing evidence as determined by the Council
that the transaction possessed both: (i) a valid,
good faith business purposes other than avoidance of the fee set forth in
section 9 of this Act and (ii) economic substance apart from the asserted fee
avoidance benefit. In all such cases the seller shall also have the burden of
demonstrating by clear and convincing evidence as determined by the council
that the asserted non-fee-avoidance business purpose is commensurate with the
amount of the fee pursuant to section 9 to be thereby avoided. The Community housing council shall notify
the seller in writing by registered or certified mail of its determination
concerning the deficiency, penalty or interest within 15 days after the hearing.
Any party aggrieved by a determination of the Community housing council
concerning a deficiency, penalty or interest may, after payment of the
deficiency, appeal to the district or superior court within 3 months after the
mailing of notification by the Community housing council.
Upon the failure to timely petition for a
hearing, or appeal to the court, within the time limits established in this
paragraph, the seller shall be bound by the terms of the notification,
assessment or determination, and shall be barred from contesting the fee or any
interest and penalty, as determined by the Community housing council. All
decisions of these courts shall be subject to appeal. Every notice to be given
under this section by the Community housing council shall be effective if
mailed by certified or registered mail to the seller at any available legal
address of the seller, or at the address stated in a recorded or registered
instrument by virtue of which the seller holds any real property interest, the
transfer of which gives rise to the fee which is the subject of the notice;
and, if no address is stated or if the transfer is not evidenced by an
instrument recorded or registered in the public records of Barnstable county,
the notice shall be effective when
mailed to the seller in care of any person appearing of record to have
had a fee interest in the land at the time of the transfer, at the address of
that person as set forth in an instrument recorded or registered in Barnstable
county.
(b) All fees, penalties and interest
required to be paid under this act shall constitute a personal debt of the
seller and may be recovered in an action of contract or in any other
appropriate action, suit or proceeding brought by the community housing council
subject to chapter 260 of the General Laws.
(c) Sellers applying for an exemption
under subsections (a) through (n) of section eleven shall be required at the
time of application for exemption to execute an agreement legally binding on
sellers and separately legally binding upon
any Legal Representative of the sellers
(1) assuming complete liability for any fee, plus interest and penalties
if any, waived on account of an allowed exemption subsequently determined to
have been invalid, and (2) submitting to the jurisdiction of the trial court of
the commonwealth sitting in Barnstable county. Fees, plus interest and
penalties if any, shall be calculated as of the date of the initial property
transfer. Execution of the above-described agreement shall not be required of
any mortgagee, pledge, purchaser or judgment creditor unless notice of the
agreement has been recorded or filed by the Community housing council.
The Community housing council, without
waiving any of its rights, may direct a civil action to be filed in the
appropriate district or superior court division of the department of the trial
court sitting in the Barnstable county to enforce the agreement of the
community housing council under this section with respect to this liability or
to subject any property of the delinquent seller, or in which the delinquent seller
has any legal or beneficial right, title or interest, to the payment of this
liability.
The Community housing council may issue a
waiver or release of any agreement imposed by this section. Such waiver or
release shall be conclusive evidence that the agreement is extinguished.
SECTION 13B. This act, being necessary for the
welfare of the town of
SECTION 14.
This act shall expire on
SECTION 15. Acceptance of this act shall be by the
affirmative vote of a majority of the voters at any regular or special town
election, or a state election, at which the question of acceptance has been
placed on the ballot. This act shall become effective on the date on which
acceptance by the town has been effected.
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, the
Housing Authority, and the Town Manager]
BOARD OF SELECTMEN RECOMMENDS: 3-0-0
FINANCE COMMITTEE RECOMMENDS: 6-0-0
LOCAL HOUSING PARTNERSHIP RECOMMENDS:
4-0-0
HOUSING AUTHORITY RECOMMENDS: 5-0-0
COMMUNITY PRESERVATION COMMITTEE
RECOMMENDS: 5-0-0
Michele
Couture moved that the Town vote to approve Article 5 as printed in the
warrant, with the following amendment: by amending Section 11 (-m-) to read as
follows: “The first amount equal to one
hundred and fifty percent of the median price of a single family home sold
in Barnstable County for the previous calendar year of the sale price of any
transfer or series of transfers of real property interests in a single parcel,
provided, however, that such an exemption shall be applied only to the
principal residence of a taxpayer as used by the taxpayer for income tax
purposes; and further provided that in
the case where an individual qualifies for a real estate exemption under G.L.
c.59, sec.5, clause 41C, the amount of said exemption hereunder shall be the
first $700,00 of the sale price.” And with the further amendment: section 3(a)
change the reference to 5 regular members to 4 regular members, and add “and
one regular member appointed by the Provincetown Housing Authority.”
Greg Howe moved to amend the motion by inserting at
the end of Section 9 the following: “The seller of real property interest has
been a legal resident of Provincetown for five years or more, is sixty-two
years of age, or older, and is transferring real property interest in a primary
residence, the first $700,000.00 of the purchase price shall be exempt from the
provisions of the fee imposed in Section 9. Motion to
Amend Does Not Pass.
Article 6. Route 6 Layout Alteration and Perfecting
Title to
[Requested by the Board of Selectmen and
the Town Manager]
BOARD OF SELECTMEN RECOMMENDS: 3-0-0
PLANNING BOARD RECOMMENDS: 4-0-0
FINANCE COMMITTEE HAS NO RECOMMENDATION
LOCAL HOUSING PARTNERSHIP RECOMMENDS:
4-0-0
HOUSING AUTHORITY RECOMMENDS: 3-0-2
COMMUNITY PRESERVATION COMMITTEE
RECOMMENDS: 5-0-0
Disposition
of Land – 2/3’s vote required
Keith Bergman moved that the
Town vote to approve Article 6 as printed in the warrant.
Motion Passed. (2/3rd’s Vote Declared)
Article 7. Zoning By-Law Amendment:
Growth Management Affordable Housing and Community Housing. To see if the Town will vote
to amend the Zoning By-laws, Section 6300(4), to deem properties that have been
granted an Affordable Housing Permit or a Community Housing Permit and
containing 100% Affordable Housing and/or Community Housing dwelling units to
be a public service use pursuant to Section 3 of Chapter 157 of the Acts of
2000, by adding the italicized language so that said section 6300(4) reads as
follows:
“4.
Affordable Housing Permits and/or Community Housing
Permits will be authorized on a priority basis as established by the PLHP, using criteria including but not
limited to housing quality standards, quality of design, degree of
affordability in terms of cost, and financial feasibility of the proposal. No Affordable
Housing Permit and/or Community Housing Permit
shall be issued without prior authorization of the PLHP. Each property in which 100% of
the dwelling units are Affordable Housing and/or Community Housing, and
for which an Affordable Housing Permit or a Community Housing Permit is
granted, shall be deemed a public service use under Section 3 of Chapter 157 of
the Acts of 2000.”
or to take any other action
relative thereto.
[Requested by the Board of Selectmen]
BOARD OF SELECTMEN RECOMMENDS: 3-0-0
PLANNING BOARD RECOMMENDS: 3-0-0
FINANCE COMMITTEE HAS NO RECOMMENDATION
LOCAL HOUSING PARTNERSHIP RECOMMENDS:
4-0-0
HOUSING AUTHORITY RECOMMENDS: 4-0-1
Zoning
Amendment – 2/3’s vote required
Richard Olson moved that the
Town vote to approve Article 7 as printed in the warrant.
Motion Passed.