1999 Special and Annual Town Meeting
Record of Motions and Votes for Tuesday, April 13, 1999
The following minutes are available on-line as a service and are not the official record due to changes in formatting for the Internet. The official can be viewed during regular office hours, Monday - Friday: 8 a.m. to 5 p.m. in the Office of the Town Clerk, 260 Commercial St. Provincetown, MA 02657.
211 Provincetown Voters Attended
Article 53. Establish Dollar Limit on Tourism Fund. To see if the Town will vote as follows: WHEREAS: The Town voted in the Town Meeting of 1996 to establish the Visitors Service Board when it raised the Town's Room Excise Tax from 2.3% to 4.0% and gave them $80,000; WHEREAS: The amount of money to fund the VSB was not established as a total, but was worded as a percent of our Room Excise Tax collection (25%, then 35%, then 45%); WHEREAS: The amount spent in FY 1998 $91,000 of $137,586 available; WHEREAS: The amount diverted from our General Fund in FY2000 is to be $191,030 and includes a Tourism Director's job at $35,000 already approved by the Selectmen; WHEREAS: The amounts to be given to the VSB in the year 2001 and thereafter is well over $300,000 per year; WHEREAS: Private business should only rarely be subsidized by taxpayers; THEREFORE, to see if the Town will vote to limit the Visitors Services Board to $100,000 per year from the Room Excise Tax, including the Municipal Advertising Budget and allow our tax rate to be offset (lowered) by the increase in Room Excise Tax being returned to the General Fund. Appropriate amendments to the State Legislature to effect this limit should be sent to our State Representatives; or take any other action relative thereto.
[Requested by Barbara Rushmore and others]
FINANCE COMMITTEE DOES NOT RECOMMEND: 6-0-0
Barbara Rushmore moved that the Town consider article 53 WHEREAS: The Town voted in the Town Meeting of 1996 to establish the Visitors Service Board when it raised the Town's Room Excise Tax from 2.3% to 4.0% and gave them $80,000; WHEREAS: The amount of money to fund the VSB was not established as a total, but was worded as a percent of our Room Excise Tax collection (25%, then 35%, then 45%); WHEREAS: The amount spent in FY 1998 $91,000 of $137,586 available; WHEREAS: The amount diverted from our General Fund in FY2000 is to be $191,030 and includes a Tourism Director's job at $35,000 already approved by the Selectmen; WHEREAS: The amounts to be given to the VSB in the year 2001 and thereafter is well over $300,000 per year; WHEREAS: Private business should only rarely be subsidized by taxpayers; THEREFORE, to see if the Town will vote to limit the Visitors Services Board to $100,000 per year from the Room Excise Tax, including the Municipal Advertising Budget and allow our tax rate to be offset (lowered) by the increase in Room Excise Tax being returned to the General Fund. We hereby instruct our Representative in the General Court to file the proper amendments to effect this limit.
(Motion to Move the Question Carried)
Motion Defeated
Article 54. Appropriation for Survey of Town-owned "Spaghetti Strip" Property Within Cape Cod National Seashore. To see if the Town will vote to raise and appropriate the sum of $8,500, to be expended under the direction of the Director of Public Works, to survey and mark the property known as the "Spaghetti Strip," a twenty-five-foot wide strip of Town-owned land within Cape Cod National Seashore extending from Route 6 to the Atlantic Ocean; or take any other action relative thereto.
[Requested by the Board of Selectmen]
FINANCE COMMITTEE RECOMMENDS: 6-0-0
Elizabeth Steele-Jeffers moved that the Town vote to raise and appropriate the sum of $8,500, to be expended under the direction of the Director of Public Works, to survey and mark the property known as the "Spaghetti Strip," a twenty-five-foot wide strip of Town-owned land within Cape Cod National Seashore extending from Route 6 to the Atlantic Ocean.
(Motion to Move the Question Carried)
Motion Carried
Article 55. Appropriation for Survey for Layout for High Pole Hill Road. To see if the Town will vote to raise and appropriate the sum of $7,000, to be expended under the direction of the Director of Public Works, for a survey to alter the layout of High Pole Hill Road; or take any other action relative thereto.
[Requested by the Board of Selectmen]
FINANCE COMMITTEE RECOMMENDS: 5-0-0
Elizabeth Steele-Jeffers moved that the Town vote to raise and appropriate the sum of $7,000, to be expended under the direction of the Director of Public Works, for a survey to alter the layout of High Pole Hill Road.
Motion Carried.
Article 56. Appropriation for Regional Skateboard Park. To see if the Town will vote to raise and appropriate or transfer from available funds the sum of $9,750 to be expended under the direction of the Board of Selectmen and the Recreation Commission for the Town's share of a regional skateboard park located in the Town of Wellfleet, or to take any other action relative thereto.
[Requested by the Board of Selectmen]
FINANCE COMMITTEE RECOMMENDS: 6-0-0
Elizabeth Steele-Jeffers moved that the Town vote to raise and appropriate the sum of $9,750 to be expended under the direction of the Board of Selectmen and the Recreation Commission for the Town's share of a regional skateboard park located in the Town of Wellfleet.
Motion Carried
Article 57. Stabilize Former Fire House No. 2. To see if the Town will vote to raise and appropriate or transfer from available fund the sum of $31,000 to be expended under the direction of the Board of Selectmen, the Historical Commission, the Town Manager, and the Director of Public Works to stabilize and make structurally sound the former Fire Station No. 2 building; or to take any other action relative thereto.
[Requested by the Board of Selectmen]
FINANCE COMMITTEE RECOMMENDS: 6-0-0
Elizabeth Steele-Jeffers moved that the Town vote to raise and appropriate the sum of $31,000 to be expended under the direction of the Board of Selectmen, the Historical Commission, the Town Manager, and the Director of Public Works to stabilize and make structurally sound the former Fire Station No. 2 building.
(Motion to Move the Question Carried)
Motion Carried
Article 58. Former Fire House No. 2. To see if the Town will vote to raise and appropriate or transfer from available fund the sum of ten thousand dollar ($10,000) to remove the Town Fire Station 2 and to restore the said location to its original purpose, a Town Landing. Such funds shall be expended at the direction of the Board of Selectmen, DPW Director and the Historical Commission. All restoration work shall be performed by the Provincetown Department of Public Works; or to take any other action relative thereto.
[Requested by Paul Trainor and others]
FINANCE COMMITTEE DOES NOT RECOMMEND: 6-0-0
Paul Trainor moved to indefinitely postpone Article 58.
Motion Carried
Article 59. Appropriation for Beach Wheelchair. To see if the Town will vote to raise and appropriate or transfer from available funds the sum of $1,500 to purchase a large wheeled wheelchair suitable for use on our Town beaches, to be purchased by the DPW; or take any other action relative thereto.
[Requested by Barbara Rushmore and others]
FINANCE COMMITTEE RECOMMENDS: 5-1-0
Barbara Rushmore moved that the Town vote to raise and appropriate the sum of $1,500 to purchase a large wheeled wheelchair suitable for use on our Town beaches, to be purchased by the DPW.
(Motion to Move the Question Carried)
Motion Carried
Article 60. Use of Parking Funds to Reduce the Tax Rate. To see if the Town will vote to transfer a sum of money from Parking Funds to reduce the Fiscal Year 2000 property tax levy, as provided by Chapter 790 of the Acts of 1981, or to take any other action relative thereto.
[Requested by the Town Manager and the Board of Selectmen]
FINANCE COMMITTEE RECOMMENDS: 5-0-0
Elizabeth Steele-Jeffers moved that the Town vote to transfer the sum of $1,180,110 from Parking Funds to reduce the Fiscal Year 2000 property tax levy, as provided by Chapter 790 of the Acts of 1981.
Motion Carried
Article 61. Use of Cape End Manor Enterprise Fund Reserve to Reduce the Tax Rate. To see if the Town will vote to transfer a sum of money from the Cape End Manor Enterprise Fund Reserve to reduce the Fiscal Year 2000 property tax levy, as provided by MGL Chapter 44, section 53F½, or to take any other action relative thereto.
[Requested by the Town Manager]
FINANCE COMMITTEE RECOMMENDS INDEFINITE POSTPONEMENT
Keith Bergman moved that the Town vote to indefinitely postpone action on Action 61.
Motion to Indefinitely Postpone Carried
Article 62. Abolish Recycling Committee. To see if the Town will vote to abolish the Recycling Committee, established by a prior vote of town meeting, but which has not met in the past two years; or take any other action relative thereto.
[Requested by the Board of Selectmen]
FINANCE COMMITTEE HAS NO RECOMMENDATION
Elizabeth Steele-Jeffers moved that the Town vote to abolish the Recycling Committee, established by a prior vote of town meeting, but which has not met in the past two years.
Motion Defeated
Article 63. Abolish Municipal Advertising Committee. To see if the Town will vote to abolish the Municipal Advertising Committee established by Article 12 of the March 1986 Annual Town Meeting; or take any other action relative thereto.
[Requested by the Municipal Advertising Committee]
FINANCE COMMITTEE HAS NO RECOMMENDATION
Elizabeth Steele-Jeffers moved that the Town vote to abolish the Municipal Advertising Committee established by Article 12 of the March 1986 Annual Town Meeting.
Motion Carried
Article 64. Amend Visitor Services Board Composition. To see if the Town will vote to amend its vote under Article 5 of the April 7, 1997 Special Town Meeting relative to the composition of the seven-member Visitor Services Board by deleting "one member nominated by the Municipal Advertising Committee" and amending "three members-at-large" to read "four members-at-large"; or take any other action relative thereto.
[Requested by the Visitor Services Board]
FINANCE COMMITTEE HAS NO RECOMMENDATION
Mike Wright moved Article 64 as printed in the Warrant.
Jane Antolini moved to strike "and amending "three members-at-large" to read "four members-at-large"; and replace with "and add one member from the Art community.
(Motion to Move the Question on the Amendment Carried)
Amendment Carried
Motion as Amended Carried.
Article 65. Amend Heritage Museum Board of Trustees Composition. To see if the Town will vote to rescind its vote under Article 17 of the November 6, 1995 Special Town Meeting, so that the membership of the Board of Trustees of the Heritage Museum is reduced from nine (9) back to seven (7) members to be appointed by the Board of Selectmen for staggered three-year terms; or take any other action relative thereto.
[Requested by the Heritage Museum Board of Trustees and the Board of Selectmen]
FINANCE COMMITTEE HAS NO RECOMMENDATION
Elizabeth Steele-Jeffers moved that the Town vote to rescind its vote under Article 17 of the November 6, 1995 Special Town Meeting, so that the membership of the Board of Trustees of the Heritage Museum is reduced from nine (9) back to seven (7) members to be appointed by the Board of Selectmen for staggered three-year terms.
Motion Carried
Article 66. Proof of Residency for Town Board Applicants and Members. To see if the Town will vote as follows: WHEREAS: Many people are legally able to register to vote in Provincetown who do not actually live here; WHEREAS: People who do not live here should not serve on Boards or Committees making decisions that affect the Town; THEREFORE, to see if the Town will vote that people serving and those who apply to serve on any Town Board or Committee shall sign an affidavit at the Town Clerk's Office swearing that they reside in Provincetown and provide evidence such as utility bills, driver's license, car excise tax, etc. to establish their residency; or take any other action relative thereto.
[Requested by Barbara Rushmore and others]
FINANCE COMMITTEE RECOMMENDS: 6-0-0
Barbara Rushmore moved that the Town vote as follows: WHEREAS: Many people are legally able to register to vote in Provincetown who do not actually live here; WHEREAS: People who do not live here should not serve on Boards or Committees making decisions that affect the Town; THEREFORE, to see if the Town will vote that people serving and those who apply to serve on any Town Board or Committee shall sign an affidavit at the Town Clerk's Office swearing that they reside in Provincetown and provide evidence such as utility bills, driver's license, car excise tax, etc. to establish their residency.
Motion Defeated
Article 67. Easement for Court Street Properties. To see if the Town will vote to authorize the Board of Selectmen to grant a twenty-foot access easement across Town-owned property at 33A Court Street shown as Assessors Map 7-4, Parcel 49 to the Provincetown Housing Authority for its property at 35A Court Street (Assessors Map 7-24 Parcel 48) and to John R. Patrick for his property at 35 Court Street (Assessors Map 7-4, Parcel 47) in return for Patrick's grant of an easement to the Provincetown Housing Authority for water lines crossing the property at 35 Court Street; or to take any other action relative thereto.
[Requested by the Provincetown Housing Authority]
FINANCE COMMITTEE HAS NO RECOMMENDATION
Michael Bunn moved Article 67 as written in the warrant.
Motion Carried, 2/3rd Vote Required.
Article 68. Storm Drains. To see if the Town will vote to require the Board of Selectmen and the Town Manager to clean up all storm drains that feed into Provincetown Harbor which are presently polluting the harbor; or take any other action relative thereto.
[Requested by Constance Black and others]
FINANCE COMMITTEE RECOMMENDS: 5-0-0 with "Department of Public Works" substituted for "Board of Selectmen and the Town Manager."
Constance Black moved to see if the Town will vote to require the Department of Public Works to clean up all storm drains that feed into Provincetown harbor which are presently polluting the harbor.
(Motion to Move the Question Carried)
Motion Carried
Article 71. Acquisition of 7.52-Acre Shankpainter Pond Uplands for $1.6-Million. To see if the Town will vote to authorize the Board of Selectman to acquire by purchase, gift or otherwise the fee interest in a certain parcel of real estate known as the subdivision at Shankpainter Pond, consisting of 7.52 acres, more or less, of land above water, owned by Shankpainter Associates Inc., together with all rights and easements and subject to rights and easements of record, as the land is shown as Lot 2 recorded in the Barnstable Registry of Deeds in Plan Book 521 Page 93; and to appropriate, transfer from available funds and/or borrow the sum of $1,600,000.00 for such acquisition, and all expenses incidental and related thereto, pursuant to Section 7 of Chapter 293 of the Acts of 1998 entitled, "An Act Relative to Establishment of the Cape Cod Open Space Land Acquisition Program" (so-called "land-bank") ; provided, however, that no funds shall be borrowed unless the Town shall have voted at an election to exempt the amounts required to pay for the bonds from the limitations of Proposition 2 ½, so called, if required; provided that said land be conveyed to the Town of Provincetown under the provisions of Massachusetts General Laws, Chapter 40, Section 8C, and as it may hereafter be amended, and other Massachusetts statutes relating to conservation and passive recreation, to be managed and controlled by the Conservation Commission of Provincetown; and to the extent that any federal, state or other funds are or become available for the purposes outlined in this Article, to authorize the Board of Selectmen or other applicable boards or commissions to apply for and accept such funds; and further provided that the Town of Provincetown and the Conservation Commission be authorized to enter into all agreements and execute any and all instruments as may be necessary on behalf of the Town of Provincetown to effect said purchase; or to take any other action relative thereto; and further, to convey to the trustees of the Provincetown Conservation Trust, for no consideration, a perpetual conservation restriction on said land, as authorized by MGL c.184,s. 31-33, allowing conservation and passive recreation uses described in MGL c.40,s.8C.; or take any other action relative thereto.
[Requested by Celine Gandolfo and others]
FINANCE COMMITTEE RESERVES RECOMMENDATION: 5-0-0
Celine Gandolfo moved to see if the Town will vote to authorize the Board of Selectman to acquire by purchase, gift or otherwise the fee interest in a certain parcel of real estate known as the subdivision at Shankpainter Pond, consisting of 7.52 acres, more or less, of land above water, owned by Shankpainter Associates Inc., together with all rights and easements and subject to rights and easements of record, as the land is shown as Lot 2 recorded in the Barnstable Registry of Deeds in Plan Book 521 Page 93; and to appropriate, transfer from available funds and/or borrow the sum of $1,600,000.00 for such acquisition, and all expenses incidental and related thereto, pursuant to Section 7 of Chapter 293 of the Acts of 1998 entitled, "An Act Relative to Establishment of the Cape Cod Open Space Land Acquisition Program" (so-called "land-bank") ; provided that said land be conveyed to the Town of Provincetown under the provisions of Massachusetts General Laws, Chapter 40, Section 8C, and as it may hereafter be amended, and other Massachusetts statutes relating to conservation and passive recreation, to be managed and controlled by the Conservation Commission of Provincetown; and to the extent that any federal, state or other funds are or become available for the purposes outlined in this Article, to authorize the Board of Selectmen or other applicable boards or commissions to apply for and accept such funds; and further provided that the Town of Provincetown and the Conservation Commission be authorized to enter into all agreements and execute any and all instruments as may be necessary on behalf of the Town of Provincetown to effect said purchase; or to take any other action relative thereto; and further, to convey to the trustees of the Provincetown Conservation Trust, for no consideration, a perpetual conservation restriction on said land, as authorized by MGL c.184,s. 31-33, allowing conservation and passive recreation uses described in MGL c.40,s.8C.;
Keith Bergman moved to amend Article 71 to add that the total acquisition price of the property not exceed $1,000,000.
(Motion to Move the Amendment Carried)
Amendment defeated
(Motion to Move the Question Carried.)
Motion Carried 2/3rd vote required.
1999 Annual Town Meeting Ended at 10:26 p.m.