SPECIAL TOWN MEETING
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 Fifth day of November, A.D. 2007 at 6:00 o'clock in
the evening, then and there to act on the following articles, to wit:
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]
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]
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]
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]
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]
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]
Article 7: Stearns
& Wheeler 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]
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
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
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
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
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
13-2-6-9. Exemptions. The following are exempted from
the provisions of 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]
Petitioned Articles
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
[Requested by Barbara Rushmore
and others]
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]
And you are directed to serve this Warrant by placing
an advertisement in a newspaper of local circulation and posting up attested
copies thereof at the Provincetown Town Hall, Provincetown Public Library,
Grace Gouveia Town Office Building, Provincetown
Community Center, Cape End Manor Nursing Home, Provincetown Police Station,
Grand Union Supermarket, U.S. Post Office, Provincetown Gym, Mussel Beach Gym,
and Michael Shay's Restaurant in said Town at least fourteen days before the
time of holding said meeting.
THEREFORE FAIL NOT and make due return of this Warrant
with your doings thereon, to the Town Clerk at the time and place of meeting as
aforesaid.
A
Town Clerk Douglas Johnstone
TOWN OF
BOARD OF SELECTMEN
Mary-Jo Avellar, Chair
Michele G.
Couture, Vice Chair
Austin
Knight
Pam Parmakian
Lynne
Davies
Date of Posting: