|
Return to Town Meeting Resources |
Annual Town Meeting |
Town Moderator Irene Rabinowitz
reconvened the
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 April 7, 2008 Special Town Meeting to the following persons who are
not registered voters of the Town of Provincetown: Russell Braun, Building Commissioner; Glenn Enos, Police Prosecutor; Jane Evans, Health Agent; Elizabeth
Francis, Assistant to VMES Principal; John W. Giorgio, Esq., and other
attorneys of the firm of Kopelman & Paige, P.C.,
Town Counsel; Jasmine Hadley, Provincetown
High School Student; Alexandra Heilala, Town
Accountant; Beau Jackett, Information Systems
Director; Michelle Jarusiewicz, Grant Administrator; Linda Koelbel, Director Special Education, School Department;
Amy Lawson, Housing Specialist; Sean
McArdle, New England Police Benevolent Representative;
Maxine Notaro, Permit Coordinator; Dr. Floriano Pavao, PHS Principal;
Motion Passed.
Mary-Jo Avellar
moved that on all matters to come before the April 7, 2008 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. FY 2008 Budget Adjustments. To see what amendments the
Town will vote to make to 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 Board of Selectmen and the Town
Manager]
BOARD OF SELECTMEN RECOMMENDS: 4-0-0
FINANCE COMMITTEE
RESERVES RECOMMENDATION: 9-0-0
Mary-Jo Avellar moved that the Town vote to make the following
amendments to the Fiscal Year 2008 operating budgets and enterprise funds established
under Articles 2 and 5 of the April 4, 2007 Annual Town Meeting:
(1)
to
reduce the following available funds and appropriations
|
|
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
(2)
To
increase the following appropriations:
|
|
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Motion Passed.
Article 2. Wastewater Optimization
and Expansion – Borrowing Authorization. To see if the
Town will vote to appropriate and borrow the sum of $200,000 for additional
connections and economic development expansion of the sewer project; with said
sum to be expended under the direction of the Town Manager and the Director of
Public Works 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
and the Town Manager]
BOARD OF SELECTMEN RECOMMENDS: 4-0-0
FINANCE COMMITTEE RECOMMENDS: 9-0-0
BOARD OF HEALTH RECOMMENDS: 3-0-0
WATER & SEWER BOARD RECOMMENDS: 3-0-0
Borrowing Authorization - 2/3’s vote
required
Michele Couture
moved that the sum of $200,000 be appropriated to pay costs of the development
of plans and specifications needed for the optimization and expansion of the
Town’s Sewer Systems, including the payment of all other costs incidental and
related thereto, including without limitation all costs defined under C. 29C,
§1 of the General Laws, said sum to be expended under the direction of the Town
Manager and the Director of Public Works; that to meet this 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 cost of this project 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.
Motion Passed. (2/3rd’s Vote
Declared)
Article 3. Water Department
Block Grant. To see if the Town will vote to appropriate and
borrow the sum of $50,000 to be expended under the direction of the Town
Manager, the Director of Public Works and the Grant Administrator for the
repairs required for filtration at Knowles Crossing, 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 take any other action relative thereto.
[Requested
by the Town Manager and the Board of Selectmen]
BOARD OF SELECTMEN RECOMMENDS: 4-0-0
FINANCE COMMITTEE RECOMMENDS:
WATER
BOARD OF HEALTH RECOMMENDS: 3-0-0
Borrowing Authorization - 2/3’s vote required
Austin Knight
moved that the sum of $50,000 is hereby appropriated to pay costs of water
system repairs required for filtration at Knowles Crossing, including the
payment of all other costs incidental and related thereto, said sum to be
expended under the direction of the Town Manager the Director of Public Works
and the Grant Administrator; that to meet this 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, §8(7c) and/or C.29C of the
General Laws, or any other enabling authority, and to issue bonds or notes of
the Town therefor.
Motion Passed. (2/3rd’s Vote Declared)
Article
4. Fund Collective Bargaining Agreements. To
see what sums the Town will vote to raise and appropriate or transfer from the
2009 tax levy, or transfer from available funds to fund the collective
bargaining agreement reached with the Town and the IBPO; or take any other
action relative thereto.
[Requested by the Board of Selectmen
and the Town Manager]
BOARD OF SELECTMEN RECOMMENDS: 4-0-0
FINANCE COMMITTEE RECOMMENDS: 9-0-0
Michele Couture
moved that the Town vote to raise and appropriate the amount of $167,000 from
the FY2009 tax levy to fund the collective bargaining agreement reached with
the Town and the IBPO.
Motion Passed.
Article 5. Aerial Photographs to Aid in Correcting Assessor’s Maps/
[Requested by the Board of
Selectmen and the Town Manager]
BOARD OF SELECTMEN RECOMMENDS: 4-0-0
FINANCE COMMITTEE RECOMMENDS: 9-0-0
BOARD OF ASSESSORS RECOMMENDS: 3-0-0
Lynne Davies moved that the Town vote to
transfer from the Overlay Surplus Account the amount of $23,000 for the purpose
of taking aerial photographs of the town in order to replot
building onto the Assessor’s Maps.
Motion Passed.
Article 6. 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 75 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 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.
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]
BOARD OF SELECTMEN
RECOMMENDS TO INDEFINITELY POSTPONE: 4-0-0
FINANCE COMMITTEE
Sharon Lynn moved that the Town vote to indefinitely postpone action on
Article 6.
Motion
Passed.
Article 7. Prior
Year Bills. To see if the Town will vote to raise and appropriate
or transfer from available funds the amount of $376.31 for the purpose of
paying prior year unpaid bills; or take any other action thereto.
[Requested by the Board of Selectmen and the Town
Manager]
BOARD OF SELECTMEN
RECOMMENDS: 4-0-0
FINANCE COMMITTEE
Prior
Year Bills – 9/10’s vote required
Mary-Jo Avellar
moved that the Town vote to transfer from ATM03, Art 4-9 (Paving Cemetery
Roads) the sum of $370.92 for the purpose of paying the following prior year
bills:
Water
Buildings & Grounds (cemetery) $115.10
Buildings & Grounds (library) $
28.40
These bills were received after the close
of FY2007.
Motion
Passed Unanimously.
Mary-Jo Avellar moved to dissolve Special Town Meeting.
Motion
Passed.