SPECIAL TOWN MEETING
Meeting Called to
Order: Town Clerk Doug Johnstone convened the
Special Town Meeting at 6:00 p.m. on November 5, 2007 pursuant to
Mary-Jo Avellar nominated Roslyn Garfield as Temporary Town Moderator.
Roslyn Garfield elected by majority vote to serve as
Temporary Town Moderator for the duration of said Special Town Meeting and so sworn by Town Clerk Doug Johnstone.
Preliminary
motions:
Mary-Jo Avellar
moved that the Town vote to waive the reading of the warrant.
Motion Passed.
Mary-Jo Avellar
moved that the Town vote to grant permission to speak at the November 5, 2007
Special Town Meeting to the following persons who are not registered voters of
the Town of Provincetown:
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,
Grants Administrator;
Russell Braun, Acting Building
Commissioner;
Maxine Notaro,
Permit Coordinator;
Dr. Floriano
Pavao, PHS Principal
Warren D.
Tobias, Acting Chief of Police;
Domenic Rosati, Parking Lot Manager;
Betty White, Administrative
Assistant for Business and Finance, School Department;
Mark Abrahams, CPA, The Abrahams Group;
Russell Kleekamp, Stearns & Wheler.
Motion Passed.
Mary-Jo Avellar moved that on all
matters to come before the November 5, 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: Police Contract FY07
& FY08
To see if the Town will vote to raise and appropriate or transfer from available funds the amount of $165,000 to fund the collective bargaining agreement between the Town and the IBPO for the fiscal years as follows; $59,042.45 beginning July first, two thousand and six, and $105,957.55 for the year beginning July first, two thousand and seven provided that the appropriation shall be contingent on the passage of a Proposition 2 and ½ override by the voters of the Town in accordance with General Laws Ch. 59, sec. 21C(m); or take any other action relative thereto.
[Requested by the Board of
Selectmen and the Town Manager]
BOARD OF SELECTMEN
RECOMMENDS: 5-0-0
FINANCE COMMITTEE
RECOMMENDS: 7-0-0
Michele Couture moved that the Town
vote to raise and appropriate the sum of $165,000 to fund a one year
collective bargaining agreement reached with the New England Police Benevolent
Association, (formerly the IBPO), for the fiscal year beginning July 1, 2006
and ending June 30, 2007 and to fund the first year of a new three year
contract for the fiscal year beginning July 1, 2007 and ending June 30, 2008,
provided that the appropriation shall be contingent on the passage of a
Proposition 2 and ½ override by the voters of the Town in accordance with
General Laws Ch 59, §21C (m).
Motion Passed.
Article 2: Prior Year Bills –
required 9/10s vote
To see if the Town will vote to raise and appropriate or transfer from available funds the amount of $3,113.82 for the purpose of paying prior year unpaid bills; or take any action thereto.
[Requested by the Town Manager
and the Director of Finance]
9/10th vote required
BOARD OF SELECTMEN
RECOMMENDS: 5-0-0
FINANCE COMMITTEE
RECOMMENDS: 7-0-0
Mary-Jo Avellar
moved that the Town vote to raise and appropriate the amount of $1,486.00 for
the purpose of paying prior year unpaid bills.
Motion Passed. (Unanimously –
9/10th’s vote required)
Article 3: Telephone
To see if the Town will vote to raise and appropriate or transfer from available funds the amount of $30,000 to fund the capital costs associated with a new telephone system, provided that the appropriation shall be contingent on the passage of a Proposition 2 and ½ capital outlay exclusion by the voters of the Town in accordance with General Laws Ch. 59, sec. 21C(m); and further to authorize the Town Manager to enter into a lease purchase agreement for a term not to exceed five years; or take any other action relative thereto.
[Requested by the Board of
Selectmen and the Town Manager]
BD OF SELECTMEN
RECOMMENDS INDEFINITE POSTPONEMENT: 5-0-0
FINANCE COM.
RECOMMENDS INDEFINITE POSTPONEMENT: 8-0-0
Lynne Davies moved that the Town
vote to indefinitely postpone Article 3.
Motion Passed.
Article 4: FY2008 Budget Adjustments
To see what amendments the Town will vote to make the Fiscal Year 2008 operating budgets and enterprise funds established under Articles 2 and 5 of the April 4, 2007 Annual Town Meeting and what sums the Town will vote to raise and appropriate or transfer from available funds therefor; or to take any other action relative thereto.
[Requested by the Town Manager
and the Director of Finance]
BOARD OF SELECTMEN
RECOMMENDS AS AMENDED: 5-0-0
FINANCE COMMITTEE
RECOMMENDS AS AMENDED: 9-0-0
Sharon Lynn moved that the Town
vote to make the following amendments to the Fiscal Year 2008 operating budgets
established under Article 2 of the April 4, 2007 Annual Town Meeting:
(1)
to reduce the following available funds and appropriations:
ATM-07 241A
– Community Development $12,450
(2)
to increase the following appropriations:
ATM -07 161A – Town Clerk $12,450
(3) to amend the source of funding for said Article 2, Division $3,426,446 $3,357,446, and transfer from
Municipal Waterways Improvement and Maintenance Fund the sum of $70,000 $139,000,
for a total of $3,496,446, to fund the operating budgets for the several Town
departments for Fiscal Year 2008 under budget Division
Motion Passed.
Article 5: Repair School Stairs
To see if the Town will vote to raise and appropriate or transfer from available funds the amount of $15,000 to fund the repairs to the concrete stairway that connects VMES, PHS and the Grace Hall parking lot, provided that the appropriation shall be contingent on the passage of a Proposition 2 and ½ capital outlay exclusion by the voters of the Town in accordance with General Laws Ch. 59, sec. 21C(m); or take any other action relative thereto.
[Requested by the School
Committee and the Board of Selectmen]
BD OF SELECTMEN
RECOMMENDS INDEFINITE POSTPONEMENT: 5-0-0
Finance committee DOES NOT RECOMMEND: 8-0-0
SCHOOL COM.
RECOMMENDS INDEFINITE POSTPONEMENT: 5-0-0
Mary-Jo Avellar
moved that the Town vote to indefinitely postpone Article 5.
Motion Passed.
Article 6: Supplement Operating
Budget for FY 08
To see if the Town will vote to raise and appropriate or transfer from available funds the amount of $340,700 to supplement the operating budget of the Town for the fiscal year beginning July first, two thousand and seven, provided that the appropriation shall be contingent on the passage of a Proposition 2 and ½ override by the voters of the Town in accordance with General Laws Ch. 59, sec. 21C(m); or take any other action relative thereto.
[Requested by the Board of
Selectmen and the Town Manager]
BOARD OF SELECTMEN
RECOMMENDS: 5-0-0
FINANCE COMMITTEE
RECOMMENDS: 7-0-0
Sharon Lynn moved that the Town
vote to raise and appropriate the amount of $21,165, to supplement the
operating budget for Fiscal Year 2008 under budget Division I, General
Government, as requested by the Board of Selectmen and recommended by the
Finance Committee provided that the appropriation shall be contingent on the
passage of a Proposition 2 and ½ override by the voters of the Town in
accordance with General Laws Ch 59, §21C (m).
Motion Passed.
Division II.
Finance.
BOARD OF SELECTMEN
RECOMMENDS: 5-0-0
FINANCE COMMITTEE
RECOMMENDS: 7-0-0
Sharon Lynn moved that the Town
vote to raise and appropriate the amount of $11,894, to supplement the
operating budget for Fiscal Year 2008 under budget Divison
II, Finance, as requested by the Board of Selectmen and recommended by the
Finance Committee provided that the appropriation shall be contingent on the
passage of a Proposition 2 and ½ override by the voters of the Town in
accordance with General Laws Ch 59, §21C (m).
Motion Passed.
Division
BOARD OF SELECTMEN
RECOMMENDS: 5-0-0
FINANCE COMMITTEE
RECOMMENDS: 7-0-0
Sharon Lynn moved that the Town
vote to raise and appropriate the amount of $23,682, to supplement the
operating budget for Fiscal Year 2008 under budget Division
Motion Passed.
Division
BOARD OF SELECTMEN
RECOMMENDS: 5-0-0
FINANCE COMMITTEE
RECOMMENDS 9-0-0:
Sharon
Lynn moved that the Town vote to raise and appropriate the amount of $50,000 to
fund the operating budget under Division
Motion Passed. (145 For, 88
Against)
Division IV. Public Works.
BOARD OF SELECTMEN
RECOMMENDS: 5-0-0
FINANCE COMMITTEE
RECOMMENDS: 7-0-0
Sharon Lynn moved that the Town
vote to raise and appropriate the amount of $10,000, to supplement the
operating budget for Fiscal Year 2008 under budget Division IV, Public Works,
as requested by the Board of Selectmen and recommended by the Finance Committee
provided that the appropriation shall be contingent on the passage of a
Proposition 2 and ½ override by the voters of the Town in accordance with
General Laws Ch 59, §21C (m).
Motion
Passed.
Division V.
Public Services.
BOARD OF SELECTMEN
RECOMMENDS: 5-0-0
FINANCE COMMITTEE
RECOMMENDS: 7-0-0
Sharon Lynn moved that the Town
vote to raise and appropriate the amount of $13,340, to supplement the
operating budget for Fiscal Year 2008 under budget Division V, Public Services,
as requested by the Board of Selectmen and recommended by the Finance Committee
provided that the appropriation shall be contingent on the passage of a
Proposition 2 and ½ override by the voters of the Town in accordance with
General Laws Ch 59, §21C (m).
Motion Passed.
Wastewater
BOARD OF SELECTMEN
RECOMMENDS: 5-0-0
FINANCE COMMITTEE
RECOMMENDS: 7-0-0
Sharon Lynn moved that the Town
vote to raise and appropriate $210,587 to (1) cover the costs of sewer
betterments and fees for Town-owned buildings in the amount of $73,000, and (2)
to reduce the amount of indirect costs charged to the Wastewater Enterprise
fund in the amount of $137,587, and further to amend the vote under Article 5
of the April 4, 2007 Annual Town Meeting so that the vote reads as follows: “that $2,834,524 be appropriated to operate
the Wastewater Enterprise Fund, $2,686,511 to come from the Wastewater
Enterprise Fund revenues and fund balance, and further $148,013 to be
appropriated in the General Fund and funded from Wastewater Enterprise
revenues.”
Motion Passed.
Article 7: Stearns
& Wheler contract - requires 2/3 vote – borrowing
To see if the Town will vote to appropriate and borrow the sum of $566,380 to fund the costs associated with Engineering and design for repairs to Commercial Street paving, with said borrowing authority contingent upon the voters approval of a Proposition 2 and ½ override ballot question, in accordance with Mass General Laws Ch. 59, sec. 21C(m); and that to meet this appropriation, the Treasurer, with the approval of the Selectmen is authorized to borrow said sum under and pursuant to Chapter 44, Section 7 (5 or 22), of the General Laws, or any other enabling authority, and to issued bonds or notes of the Town therefore; or to take any other action relative thereto.
[Requested by the Board of Selectmen
and the Town Manager]
2/3rds Vote Required
BOARD OF SELECTMEN
RECOMMENDS: 4-1-0
FINANCE COMMITTEE
RECOMMENDS: 6-1-0
HISTORICAL COMMISSION
RECOMMENDS: 5-0-0
Austin Knight moved that the Town
vote to appropriate the amount of $566,380
as directed by the Town Manager and the Director of Public Works to fund
the costs associated with an engineering and design plan for the reconstruction
of Commercial Street including the sidewalks adjacent to this area and that to
meet this appropriation, the Treasurer, with the approval of the Board of
Selectmen, is authorized to borrow said sum under and pursuant to Chapter 44,
§7(5 or 22), of the General Laws, or any other enabling authority, and to issue
bonds or notes of the Town therefore; with said borrowing authority contingent
upon the voters approval of a Proposition 2 and ½ ballot question in accordance
with General Laws Ch 59, §21C (m).
Rob Tosner
moved to reduce the amount from $566,380 to $250,000.
Motion Does Not Pass.
Article 8: Noise
By-law
To see if the Town will vote to amend section 13-2-6 of the General Bylaws, by deleting the current text of section 13-2-6 in its entirety and replacing it with the following:
Recognizing that people have a right to and should be ensured an environment free from excessive sound and vibration capable of jeopardizing their health, safety, or welfare, or of degrading their quality of life, this section is enacted to protect, preserve and promote the health, safety, welfare, and quality of life of the citizens of Provincetown.
The following definitions shall apply to Section 13-2-6:
dBA:
A-weighted sound level in decibels, as measured by a general purpose sound
level meter complying with the provisions of the American National Standards
Institute, “Specifications for Sound Level Meters (
Amplification devices or similar equipment, includes, but is not limited to: phonograph, radio, television, stereo, record player, tape player, cassette player, compact disk player, digital music player, “boom box”, loud speaker, or other sound amplification device.
13-2-6-1. Noise
Permitted By Person In Charge. No person occupying or having charge of
any building, premises (including public places), mobile or stationary vehicle,
or any part thereof, shall cause, suffer or allow unnecessarily loud, excessive
or unusual noise in Town, regardless of its nature, source or manner of
production or reproduction, including but not limited to amplification devices
or similar equipment, which cause or
result in a noise level measured as follows:
a) In any residential district, as defined by the Zoning By-law , in excess of 45 dBA between the hours of 11:00 p.m. and 7:00 a.m. the following day, or in excess of 55 dBA at all other hours, measured at a distance from fifty (50) feet from the point of origin of the noise; and
b) In any commercial district, as defined by the Zoning By-law, in excess of 65 dBA between the hours of 11:00 p.m. and 7:00 a.m. the following day, or in excess of 80 dBA at all other hours, measured at a distance from fifty (50) from the point of origin of the noise.
13-2-6-2. Noise caused or suffered by persons
on premises. No person present in or about any building,
dwelling, premises (including public places and property), shelter, mobile or
stationary vehicle, boat or conveyance (or any part thereof), other than that
section of any establishment licensed under G.L. c.138, shall cause, suffer, or
countenance any loud, unnecessary, excessive, or unusual noise, regardless of
its nature, source, or manner of production or reproduction, including
but not limited to amplification devices or similar equipment, which causes or results in a noise level
measured as follows:
a) In any residential district, as defined by the Zoning By-law , in excess of 45 dBA between the hours of 11:00 p.m. and 7:00 a.m. the following day, or in excess of 55 dBA at all other hours, measured at a distance from fifty (50) feet from the point of origin of the noise; and
b) In any commercial district, as defined by the Zoning By-law, in excess of 70 dBA between the hours of 11:00 p.m. and 7:00 a.m. the following day, or in excess of 80 dBa at all other hours, measured at a distance from fifty (50) from the point of origin of the noise.
13-2-6-3. Construction and manufacturing activities. No person shall operate or permit the operation of any tools or equipment in construction, drilling, blasting, mining, manufacturing or demolition work, or in preventive maintenance work for public service utilities between the hours of 9:00 p.m. and 7:00 a.m. the following day. The terms of this section shall not apply to emergency work or repair work performed by or for governmental entities or public service utilities, for public safety and welfare.
13-2-6-4. Domestic
Power Tools. No person shall operate or permit the
operation of any saw, drill, sander, grinder, lawn or garden tool, lawn mower,
or similar device used outdoors in residential areas between the hours of 9:00
p.m. and 7:00 a.m. the following day.
13-2-6-5. Penalty. A non-criminal disposition penalty will be assessed of fifty ($50) dollars to the owner, sponsor and/or responsible party for each offense under sections 13-2-6-1 through 13-2-6-4, above.
13-2-6-6. In
addition to the non-criminal disposition penalty stated above, any 'stationary
vehicle' or 'vessel' which violates 13-2-6-2 for a period of sixty (60) minutes
or more, or whose vehicle is determined to be malfunctioning by an officer of
the Provincetown Police Department, shall have said vehicle or vessel removed
to a location where the source of the noise can be extinguished. The cost
of removal and extinguishing of the source of the offending noise shall be paid
by the owner or claimant of the offending vehicle.
13-2-6-7.
Waiver. The
Licensing Board may waive any part of this Noise Control bylaw for a temporary
licensed public event if, in the judgment and discretion of the Licensing
Board, the noise that the event will create in excess of the noise level limits
established under the Noise Control bylaw is offset by the benefits of the
event to the participants or the public and the noise of the event will not
cause undue hardship or disturbance to the surrounding area. Events covered by this bylaw will not extend
beyond midnight nor begin prior to 10 A.M.
The Licensing Board can stipulate any time it deems appropriate within
this time frame depending on the expected noise level and impact on surrounding
area. Residential private parties
limited to invitation only are not affected by this bylaw as they are not
licensed by the Licensing Board. They
are still governed as to noise or nuisance stipulations of these bylaws under
13-1-2 and 13-2-6. The Licensing Board
may impose, on the grant of a temporary waiver, terms and conditions
appropriate to reduce the impact of the noise level exception. An application for a temporary waiver shall
be filed with the Town Clerk. The
applicant shall certify that notice of such temporary waiver application has
been provided to all properties contiguous, or likely to be affected by the
event, to the property where the event will occur. The applicant must also place a notice in the
local media advising of the request for waiver at least two weeks prior to any
hearing on the waiver by the Licensing Board.
The applicant shall further certify that the Police Department has been
consulted with respect to the event and has approved as to form the application
for a waiver with the understanding that once the event is in process,
complaints could arise necessitating action on the part of the Police, i.e.,
immediate consultation with the applicant to ameliorate the sound conditions if
the complaints are numerous and clearly justified in the discretionary opinion
of the responding Police. The
application for a temporary waiver affects all public events likely to produce
sound levels that will affect the average person in a negative manner and in no
instance will a waiver application be considered by the Licensing Board less
than 60 days preceding any event.
Applicants may receive more than one waiver in a year but the Licensing
Board may recall any applications during the event year if complaints exceed
the benefit to the public as determined by the Licensing Board as advised by
the Police Department. The Licensing
Board may suspend, modify or revoke any temporary waiver if it determines that
an applicant has violated the terms or conditions of the waiver.
13-2-6-8. Disturbing The Peace/Nuisances. Nothing herein shall be construed as permitting conduct that would otherwise constitute a disturbance of the peace under G.L. c. 269, §1, G.L. c. 272, §53, or other applicable provision of state law. Nothing herein shall be construed as permitting conduct that would otherwise violate the provisions of General By-laws Section 13-1-2, relative to nuisances of noises.
13-2-6-9. Exemptions. The following are exempted from the provisions of Section 13-2-6 and shall not be considered unnecessarily loud, excessive or unusual noise for purposes of this section:
1. Noise from law enforcement motor vehicles;
2. Noise from emergency vehicles or emergency equipment which is audible during an actual emergency;
3. Noise from Town-sponsored events or activities;
4. Nonamplified crowd noises resulting from organized activities such as at school sporting events; and
5. Ferry whistles.
13-2-6-10. Severability. If any provision or subsection of this Section shall be held to be invalid by a court of competent jurisdiction, then such provision or subsection shall be considered separately and apart from the remaining provisions or subsections of this section, which shall remain in full force and effect.
Or to take any other action relative thereto.
[Requested by the Board of
Selectmen and the Town Manager]
BOARD OF SELECTMEN
RECOMMENDS: 3-1-1
FINANCE COMMITTEE
Pam Parmakian
moved that the Town vote to approve Article 8 as printed in the warrant, with
the following amendment: by amending Section 13-2-6-1 (b) to read as
follows:
In any commercial district, as
defined by the Zoning By-law, in excess of 65 dBA
between the hours of 11:00 p.m. and 7:00 a.m. the following day, or in excess
of 75 dBA at all other hours, measured at a distance
from fifty (50) from the point of origin of the noise and;
By amending Section 13-2-6-2 (b) to
read as follows: In any commercial district, as defined by the Zoning By-law,
in excess of 65 dBA between the hours of 11:00 p.m.
and 7:00 a.m. the following day, or in excess of 75 dBa
at all other hours, measured at a distance from fifty (50) from the point of
origin of the noise.
Motion Does Not Pass.
Article 9: Restore the Race
Point Parking Lot View
Whereas: In the National Seashore, the Race Point Parking Lot used to have a spectacular view of the Atlantic Ocean and the sun setting in it, has been made ugly and sterile by bulldozing up of sand barriers, planted with beach grass. No one can see the water from the parking lot anymore. Whereas: The same pattern of bulldozing up of sand obstructs some of our traditional viewing area at New Beach (Herring Cove Beach), ruining the view also by the bulldozing of outhouses. Whereas: This desecration of our treasured beaches was done without permit or hearing. Therefore: I move to see if the Town will vote to ask the National Seashore to restore our viewing spots by removing these obstacles before next summer. Copies of our Resolution shall be sent to local newspapers, the National Seashore, Congressman William Delahunt and all representatives who oversee our National Parks, or take any other action thereto.
[Requested by Barbara Rushmore
and others]
BOARD OF SELECTMEN
RECOMMENDS: 5-0-0
FINANCE COMMITTEE
CONSERVATION
COMMISSION
Barbara Rushmore moved Article 9 as printed in the warrant as follows: Whereas: In the National Seashore, the Race Point Parking Lot used to have a spectacular view of the Atlantic Ocean and the sun setting in it, has been made ugly and sterile by bulldozing up of sand barriers, planted with beach grass. No one can see the water from the parking lot anymore. Whereas: The same pattern of bulldozing up of sand obstructs some of our traditional viewing area at New Beach (Herring Cove Beach), ruining the view also by the bulldozing of outhouses. Whereas: This desecration of our treasured beaches was done without permit or hearing. Therefore: I move to see if the Town will vote to ask the National Seashore to restore our viewing spots by removing these obstacles before next summer. Copies of our Resolution shall be sent to local newspapers, the National Seashore, Congressman William Delahunt and all representatives who oversee our National Parks.
Motion Passed.
Article 10: Cap the Visitor Services Board
Whereas: The Visitor Services Board (VSB) budget was $100,000 a year when it started years ago and is over $430,000 a year this year. (It is funded from Town money returned from the State Room Excise Tax). Whereas: The added expenses due to tourists such as summer police, extra garbage removal, fire, ambulance, extra street cleaning, parking and street repair needs to be paid for by us, the taxpayers, as part of our budget at each April Town Meeting. Whereas: Public beautification projects such as street kiosks, summer help for the Buildings and Grounds Dept., the third barrel pickup of garbage, repair and building of rest rooms and the Beautification Committee are projects that should be in the budget or in a special article at Town Meeting. Therefore: I move to see if the Town will vote to cap the money given to the VSB from the Room Excise Tax at $300,000 a year for advertising, staff, grants for events and the Fourth of July fireworks. The amount over $300,000 shall be placed in the General Fund to be spent or to reduce the tax rate, or take any other action thereto.
[Requested by Barbara Rushmore
and others]
BOARD OF SELECTMEN
DOES NOT RECOMMEND: 5-0-0
FINANCE COMMITTEE
DOES NOT RECOMMEND: 8-0-0
Barbara Rushmore moved that the
Town instruct its representative in the General Court to file a home rule
petition for a special act as follows:
AN ACT RELATIVE
TO THE TOURISM FUND IN THE TOWN OF
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
Section 1: Chapter 178 of the Acts of 1996 is hereby amended by inserting at the end of section 2 the following two sentences:
Notwithstanding the foregoing, the amount of room excise tax revenue under section three A of chapter sixty-four G of the General Laws deposited in the tourism fund in any fiscal year shall not exceed $300,000. Any remaining room excise tax revenue after deducting the amounts deposited in the tourism fund pursuant to this Act (and the amounts deposited in the town’s wastewater enterprise fund pursuant to chapter 391 of the Acts of 1998) shall be deposited in the town’s general fund.
Section 2: This Act shall take effect upon 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.
Motion Does Not Pass.
Temporary Town Moderator Roslyn
Garfield motioned to dissolve the November 5, 2007 Special Town Meeting at
10:12 p.m. Motion Passed.
November 5, 2007 Special Town Meeting dissolved at 10:12 p.m.