1999 Special and Annual Town Meeting
Record of Motions and Votes for Monday, April 12, 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.
416 Provincetown Voters Attended
Paul Trainor moved to take Article 21 off the table
Motion Carried
Article 21 as Amended Carried
Favor 253 Opposed 105 2/3rd Vote Required
Thomas Edwards moved to take Article 69 and 70 out of order
Motion Carried 2/3rd vote required
Article 69. Rename Conant Street Extension as "Fritz's Way". To see if the Town will vote to rename Conant Street Extension, a way laid out in 1890, as "Fritz's Way," in honor of Mr. Edward Fritz who died November 5, 1998; or take any other action relative thereto.
[Requested by the Board of Selectmen]
FINANCE COMMITTEE HAS NO RECOMMENDATION
Keith Bergman moved that the Town vote to rename Conant Street Extension, a way laid out in 1890, as "Fritz's Way," in honor of Mr. Edward Fritz who died November 5, 1998.
(Motion to Move the Question Carried)
Motion Carried
Article 70. Discontinue Conant Street Extension. To see if the Town will vote to discontinue as a town way that portion of Conant Street Extension, so-called, which lies or may lie between Short Street and Kings Way and, furthermore, to rescind its vote rendered under Article 26 of the April 4, 1994 Annual Town Meeting, or take any other action relative thereto.
[Requested by Thomas Edwards and others]
FINANCE COMMITTEE RESERVES RECOMMENDATION: 4-1-0
Thomas Edwards moved that the Town vote to discontinue as a Town Way that portion of Conant Street Extension, so-called, which lies, or may lie, over the property now owned by Thomas Edwards, Trustee of the Kings Way Real Estate Trust and, furthermore, to rescind its vote rendered Article 26 of the April 5, 1994 Annual Town Meeting as it would pertain to the construction of this section of Conant Street Extension over the property of Thomas Edwards, Trustee of the Kings Way Real Estate Trust.
(Motion to Move the Question Carried.)
Motion Defeated
Article 27. Zoning: Investigate "Developable Square Footage." To see if the Town will vote to direct the Building Commissioner, the staff of the Department of Regulatory Management, the members of the Zoning Board of Appeals, and the members of the Planning Board to form a team to investigate the viability and practicability of appropriately revising, changing, and/or amending any references to lot size in the Town's Zoning By-laws to read and/or mean "developable land area of the lot." In other words, for zoning requirements, a parcel's size would be judged not on its total square footage, but on its developable square footage. The team formed by passage of this article is required to do one of two things: (1) Bring an article to the next Annual Town Meeting detailing the necessary changes to the Zoning By-laws or (2) Issue a public report or statement, to be published in a local newspaper and setting out specific reasons why such changes to the Zoning By-laws are not advisable, at least 30 days prior to the closing of the warrant for the next Annual Town meeting; or take any other action relative thereto.
[Requested by Rachel Crosby and others]
FINANCE COMMITTEE HAS NO RECOMMENDATION
Rachel Crosby moved to see if the Town will vote to direct the Building Commissioner, the staff of the Department of Regulatory Management, the members of the Zoning Board of Appeals, and the members of the Planning Board to form a team to investigate the viability and practicability of appropriately revising, changing, and/or amending any references to lot size or lot area in the Town’s Zoning By-law to read and/or mean "developable land area of the lot." In other words, for zoning requirements, a parcel's size would be judged not on its total square footage, but on its developable square footage. The team formed by passage of this article is required to do the following: Issue a public report or statement detailing the results of their investigation, with the availability of said report publicized at least 30 days prior to the closing of the warrant for the next Annual Town Meeting.
Motion Defeated. 2/3rd Vote Required
Alix Ritchie moved to take Article 29 out of order so that it may be considered before Article 28.
Motion Defeated. 2/3rd Vote Required
Article 28. Submit Ballot Question to Withdraw Provincetown From Cape Cod Open Space Land Acquisition Program. To see if the Town will vote to instruct its representative in the General Court to file a home rule petition for a special act to read as follows:
SECTION 1. Notwithstanding any special or general law to the contrary, the provisions of Chapter 293 of the Acts of 1998, 'An Act Relative To The Establishment Of The Cape Cod Open Space Land Acquisition Program', which act established a three percent tax on real property, shall not apply to the town of Provincetown.
SECTION 2. This act shall be submitted to the voters of said town at the next annual or special town election in the form of the following question which shall be placed upon the official ballot to be used at said election:- "Shall an act passed by the general court in the year 1999 entitled 'An Act relative to the Cape Cod Open Space Land Acquisition Program in the town of Provincetown', be accepted?" If a majority of the votes cast in answer to said question is in the affirmative, then this act shall thereupon take full effect, but not otherwise.
The General Court may only make clerical or editorial changes of form to the bill, unless the board of selectmen approve amendments to the bill before enactment by the general court. The board of selectmen are hereby authorized to approve amendments which shall be within the scope of the general public objectives of the petition; or to take any other action relative thereto.
[Requested by the Board of Selectmen]
FINANCE COMMITTEE RECOMMENDS: 6-0-0
Dr. Cheryl Andrews moved that the Town vote to instruct its representative in the General Court to file a home rule petition for a special act to read as printed in the warrant.
(Motion to Move the Question Carried)
Motion Defeated
Article 29. Home Rule Petition/Cape Cod Open Space Land Acquisition Program/Add Affordable Housing . To see if the Town will vote to instruct its representative in the General Court to file a home rule petition for a special act to read as follows:
SECTION 1. Notwithstanding the provisions of any special or general law to the contrary, the town of Provincetown is authorized to expend funds received under Chapter 293 of the Acts of 1998, 'An Act Relative To The Establishment Of The Cape Cod Open Space Land Acquisition Program', for affordable housing purposes.
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 approve amendments to the bill before enactment by the general court. The board of selectmen are hereby authorized to approve amendments which shall be within the scope of the general public objectives of the petition; or to take any other action relative thereto.
[Requested by the Provincetown Housing Authority and the Provincetown Housing Partnership]
FINANCE COMMITTEE DOES NOT RECOMMEND: 6-0-0
Michael Bunn moved that the Town vote to instruct its representative in the General Court to file a home rule petition for a special act to read as printed in the warrant.
Motion Carried.
Article 30. Home Rule Petition/Recycle Cigarette Butts. To see if the Town will vote to instruct its representative in the General Court to file a home rule petition for a special act to read as follows:
SECTION 1. Notwithstanding the provisions of any special or general law to the contrary, a portion of the state cigarette tax collected in the Town of Provincetown pursuant to General Laws chapter 64C shall be returned to said town (a) to fund a program paying one cent for each cigarette butt returned to a store selling cigarettes in Provincetown, and (b) to pay one cent per cigarette butt to said town for administering said program..
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 approve amendments to the bill before enactment by the general court. The board of selectmen are hereby authorized to approve amendments which shall be within the scope of the general public objectives of the petition; or to take any other action relative thereto.
[Requested by the Board of Selectmen]
FINANCE COMMITTEE DOES NOT RECOMMEND: 6-0-0
Elizabeth Steele-Jeffers moved that the Town vote to indefinitely postpone action on Article 30.
Motion to Indefinitely Postpone Carried
Alix Ritchie moved to lay Article 31 on the table.
Motion Carried.
Article 32. Home Rule Petition/Amendments to the Provincetown Charter/Selectmen's Appointments Not to Devolve to Moderator or Town Board. To see if the Town will vote to instruct its representative in the General Court to file a home rule petition for a special act to read as follows:
SECTION 1. The Charter of the Town of Provincetown which is on file in the office of the Archivist of the Commonwealth as provided in Section 12 of Chapter 43B of the General Laws is hereby amended by amending Chapter 3, Article 1, section 3-1-2, to reads as follows:
3-1-2. The chairman of any town board shall notify the appointing authority in writing when a vacancy occurs on the town board. The appointing authority shall fill the vacancy within sixty days of the receipt of the notice of vacancy. In the event of the failure of the appointing authority to fill the vacancy within the allowed time, the moderator shall then be charged with filling the vacancy within sixty days. In the event of the failure of the moderator to fill the vacancy within the allowed time, the town board shall fill the vacancy. This section shall not apply to appointments made by the board of selectmen.
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 approve amendments to the bill before enactment by the general court. The board of selectmen are hereby authorized to approve amendments which shall be within the scope of the general public objectives of the petition; or to 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 instruct its representative in the General Court to file a home rule petition for a special act to read as printed in the warrant.
(Motion to Move the Question Carried)
Motion Defeated
David Atkinson moved to take Article 31 off the table
Motion Carried.
Article 31. Home Rule Petition/Medical Use of Marijuana. To see if the town will vote to instruct our Senator and Representative in the Massachusetts Legislature to submit legislation to amend M.G.L. c 94D: The Controlled Substances Therapeutic Research Act (105 CMR 724.000-007.007) in the following manner:
or take any other action relative thereto.
[Requested by David Atkinson and others]
FINANCE COMMITTEE HAS NO RECOMMENDATION
David Atkinson moved that the Town vote to instruct our Senator and Representative in the Massachusetts Legislature to submit legislation to amend M.G.L. c 94D: The Controlled Substances Therapeutic Research Act (105 CMR 724.000-007.007) as printed in the warrant.
Mark Barker moved to amend Article 31 Section 2 to read "Supply shall also include the right of patients eligible under part-A to purchase their supply through designated Buyers Clubs approved by the Massachusetts Department of Public Health."
(Motion to Move the Question Carried)
Amendment Carried.
(Motion to Move Question Carried)
Motion as Amended Carried
Article 33. Home Rule Petition/Amendments to the Provincetown Charter/Delete Term Limits for All Town Boards. To see if the Town will vote to instruct its representative in the General Court to file a home rule petition for a special act to read as follows:
SECTION 1. The Charter of the Town of Provincetown which is on file in the office of the Archivist of the Commonwealth as provided in Section 12 of Chapter 43B of the General Laws is hereby amended by deleting from Chapter 3, Article 4, section 3-4-4, which reads as follows:
3-4-4 A member of a town board shall not serve on that town board for more than three consecutive terms. For the purposes of this section, service to complete the term of another member shall constitute service for one term if the balance of said term being completed is more than fifty percent of the original term. A person who has been prohibited from serving on a town board by this section may be reelected or reappointed to that board after two years have elapsed from the ending date of his or her previous service.
SECTION 2. This act shall take effect upon its passage.
or take any other action relative thereto.
[Requested by David M. Asher and others]
FINANCE COMMITTEE HAS NO RECOMMENDATION
David Asher moved that the Town vote to instruct its representative in the General Court to file a home rule petition for a special act to read as printed in the warrant.
Motion Defeated.
Article 34. General By-law Amendment/Possession of licenses, permits, and approvals. To see if the Town will vote to amend the General By-laws by deleting Article 8-6, Possession of licenses, permits and approvals, which currently reads as follows: "8-6. Possession of licenses, permits and approvals. When a license, permit or approval has been granted or renewed, the grantee must take possession of the license, permit or approval documentation and pay for same within two weeks. Failure to do so will subject the grantee to a fine of $50.00"; since said provisions shall appear as Rules of the Licensing Board; or to take any other action relative thereto.
[Requested by the Licensing Board]
FINANCE COMMITTEE HAS NO RECOMMENDATION
Adam Erenberg moved that the Town vote to amend the General By-laws by deleting Article 8-6, Possession of licenses, permits and approvals since said provisions shall appear as Rules of the Licensing Board.
(Motion to Move the Question Carried)
Motion Carried
Article 35. General By-law Amendment/Hours of retail business operation. To see if the Town will vote to amend the General By-laws by amending Article 8-9 to provide for a penalty for non-compliance, to read as follows:
Hours of retail business operation. No retail business shall be carried on between the hours of 1:00 a.m. and 4:00 a.m. without written permission from the Licensing Board. A non-criminal disposition penalty will be assessed on any establishment licensed by the Licensing Board or any establishment required to be licensed by the Licensing Board, or any establishment required to be registered, operating between the hours of 1:00 a.m. and 4:00 a.m. in the amount of one hundred dollars ($100) for the first offense, two hundred dollars ($200) for the second offense and three hundred dollars ($300) for the third offense. Each violation of the hours of retail business operation shall be deemed to be a separate offense.
And, further by amending the fine schedule in Schedule A of said General By-laws to read as follows:
8-9 Hours of retail business operation: 1st offense, $100.00; 2nd offense, $200.00; 3rd offense, $300.00
or to take any other action relative thereto.
[Requested by the Licensing Board]
FINANCE COMMITTEE HAS NO RECOMMENDATION
Adam Erenberg moved that the Town vote to amend the General By-laws by amending Article 8-9 to provide for a penalty for non-compliance, and to amend Schedule A, both as printed in the warrant.
Motion Carried
Article 36. General By-law Amendment/Human or mechanical outside display. To see if the Town will vote to amend the General By-laws by amending the title of Article 8-11 from Human or mechanical to Outside display to conform with the Zoning By-laws, or to 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 amend the General By-laws by amending the title of Article 8-11 from Human or mechanical to Outside display to conform with the Zoning By-laws.
Motion Carried
Article 37. General By-law Amendment/Occupancy limits. To see if the Town will vote to amend the General By-laws by amending Article 8-12 Occupancy Limits to add language to clarify the limits of occupancy to be set, to protect public safety and drinking water, to read as follows
8-12. Occupancy limits. All places of assembly that are licensed by the Licensing Board under General Laws, Chapter 138, Chapter 140, and these by-laws are subject to occupancy load limits for places of assembly that are established by the Building Inspector; all other places of assembly licensed under the General Laws or these By-laws are subject to either the occupancy loadlimits for places of assembly established by the Building Inspector, or the septic capacity limits established by the Board of Heath, whichever are more restrictive. In establishing occupancy limits, the Building Inspector shall use the formula established by the State Building Code 780 CMR Art. 8.
Occupancy limits will be posted in a conspicuous place in each assembly area rated under this By-law. In addition to any action taken pursuant to said Chapters 138 and 140, a non-criminal disposition penalty will be assessed on any establishment licensed by the Licensing Board for each person found in excess of the posted occupancy limits for any particular place of assembly in the amount of five dollars ($5) per person for the first offense, ten dollars ($10) per person for the second offense, and fifteen dollars ($15) per person for the third and subsequent offenses in any given licensed period. Each violation of the posted occupancy limit shall be deemed to be a separate offense, provided, however that no fine imposed under this section shall exceed three hundred dollars ($300) per offense.
or to take any other action relative thereto.
[Requested by the Board of Health]
FINANCE COMMITTEE HAS NO RECOMMENDATION
Anne Howard moved that the Town vote to amend the General By-laws by amending Article 8-12 Occupancy Limits to add language to clarify the limits of occupancy to be set, to protect public safety and drinking water, to read as printed in the warrant.
Motion Carried
Article 38. General By-law Amendment/Hours of Entertainment and Amusement Operation. To see if the Town will vote to amend the General By-laws by amending Article 8-15 Hours of Entertainment and Amusement Operation to add language to clarify the penalties for non-compliance, to read as follows
8-15. Hours of Entertainment and Amusement Operation. Unless otherwise restricted, no holder of an entertainment license issued by the Town of Provincetown pursuant to Massachusetts General Laws, Chapter 140, Sections, 177A, 181, 183A, shall permit activity licensed thereunder to be conducted between the hours of 1:00 a.m. and 8:00 a.m. A non-criminal disposition penalty will be assessed on any holder of an entertainment license found to be operating between the hours of 1:00 a.m. and 8:00 a.m. in the amount of one hundred dollars ($100) for the first offense, two hundred dollars ($200) for the second offense and three hundred dollars ($300) for the third offense. Each violation of the hours of entertainment or amusement operation shall be deemed to be a separate offense.
And, further by amending the fine schedule in Schedule A of said General By-laws to read as follows:
8-15. Entertainment and Amusement Hours: 1st offense, $100.00; 2nd offense, $200.00; 3rd and subsequent offenses, $300.00
or to take any other action relative thereto.
[Requested by the Licensing Board]
FINANCE COMMITTEE HAS NO RECOMMENDATION
Adam Erenberg moved that the Town vote to amend the General By-laws by amending Article 8-15 Hours of Entertainment and Amusement Operation to add language to clarify the penalties for non-compliance and to amend Schedule A as printed in the warrant.
Motion Carried
Article 39. General By-law Amendment/Food for Sale. To see if the Town will vote to amend the General By-laws by amending Article 9-1, Food vendors license, to read as follows:
Food vendors license for Sale. No person shall offer food for sale to the public in a food service establishment as hereinafter defined, unless licensed as a common victualer or an innholder under the provisions of Chapter 140 of the General Laws or licensed for retail sales (either as a transient vendor or as defined in Provincetown General By-laws 8-2) along with the appropriate Board of Health food service permit(s)., without first obtaining a Food Vendor's License under the provisions of this By-Law. Any persons who violate this section shall be liable to the maximum fine allowed under these By-Laws. A food service establishment shall include any retail establishment offering for sale any food, beverage, comestibles or other edible items for consumption on or off the premises. Each applicant for such license shall submit on forms to be provided by the Licensing Board the following information: Name and address of applicant, name and address of business, and such other information as the Licensing Board, acting as the licensing board shall require. The Licensing Board may require applicants to submit a plan showing, if any, the location of fixtures and facilities, and the general arrangement of the premises including, in the case of applications of premises not yet completed, estimates of the cost of the proposed arrangement and of facilities on the plan. Such license shall not be issued or be valid until it has been signed by a majority of the Licensing Board. The Licensing Board may refuse to grant such a license if, in their opinion, the public good does not require it. Food vendors licenses shall be valid for a term of one year from the first day of January until the thirty-first day of December. A non-refundable fee of $25.00 shall be submitted with the application for such license. The Licensing Board may in their discretion suspend the requirement of the fee for hospitals. If, in the opinion of the Licensing Board, a licensee ceases to be engaged in the activity hereunder, or fails to maintain upon the premises on which such activity is licensed the implements and facilities for cooking, preparing and furnishing food to the public, the Licensing Board shall, after notice and a hearing, revoke the license. If the licensee at any time conducts his licensed business in a improper manner, the Licensing Board, after a notice to the licensee and a public hearing, may, upon satisfactory proof thereof, suspend or revoke his license.
or to take any other action relative thereto.
[Requested by the Licensing Board]
FINANCE COMMITTEE HAS NO RECOMMENDATION
Adam Erenberg moved that the Town vote to amend the General By-laws by amending Article 9-1, Food vendors license, to read as printed in the warrant.
Motion Carried
Article 40. General By-law Amendment/Vending machines. To see if the Town will vote to amend the General By-laws Article 9-2 Vending Machines by amending sections 9-2-1 and 9-2-2 to read as follows:
9-2-1 Licensing vending machines. Any person or business entity who offers any non-alcoholic soft drinks or fruit juices beverages for sale by one or more vending machines as described in G.L. c.140, s. 21A, shall be licensed by the town and have the machine or machines inspected annually before the machines are placed in use and pay a fee of $25.00 which will cover the costs of licensing and inspection.
9-2-2 Regulations. No vending machine shall be allowed for "open air" operation outside of, or on, or against any building unless located a minimum of fifteen (15) feet from any public street, way or sidewalk. Any vending machine operator shall provide adequate refuse disposal receptacles immediately adjacent to the machine. No internally illuminated vending machines shall be allowed in "open air" operations.
or to take any other action relative thereto.
[Requested by the Licensing Board]
FINANCE COMMITTEE HAS NO RECOMMENDATION
Adam Erenberg moved that the Town vote to amend the General By-laws Article 9-2 Vending Machines by amending sections 9-2-1 and 9-2-2 to read as printed in the warrant.
Alix Ritchie moved not to remove the last line "No internally illuminated vending machines shall be allowed in "open air" operations" until the Zoning By-laws can be changed.
Amendment Carried
Motion as Amended Carried.
Article 41. General By-law Amendment/Street Performances. To see if the Town will vote to amend the General By-laws by amending Article 9-4-3 Street performances by deleting the present reference to a non-existent section and correctly referencing to an existing section to read as follows:
9-4-3. Permit required. No person may perform in a public area without a permit issued pursuant to Section 6-13-4 9-4-4-1 of this bylaw.
9-4-4 Permits.
9-4-4-1. Issuance. A permit shall be issued by the Police Department to each applicant therefor in exchange for a completed application.
or to 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 amend the General By-laws by amending Article 9-4-3 Street performances by deleting the present reference to a non-existent section and correctly referencing to an existing section to read as printed in the warrant.
Motion Carried
Article 42. General By-law Amendment/Automatic-dialing mechanical protection device. To see if the Town will vote to amend the General By-laws by amending Article 11-8 Automatic-dialing mechanical protection device by deleting the section 11-8-4 and clarifying the penalties to be assessed in section 11-8-5 as follows:
Automatic-dialing mechanical protection device.
Permission required. No person shall install, maintain, or use a protection device that automatically activates the telephone lines of the Police or Fire departments, without written permission from the Commissioner of Public Safety or his delegate.
Shut off device. All alarm systems installed with an outside audible bell, horn, siren or other signal shall be equipped with a device that will shut off such signal within fifteen minutes after the activation of the alarm system.
Identification system. Alarms directly connected to the Police Department shall be connected in such a manner that the signal transmitted specifically identifies either fire, burglar or line.
Rules and regulations. The Selectmen may, upon recommendation of the Police Chief, make procedural rules and regulations regarding false alarms, after a public hearing.
11-8-4 False alarms. The activation of an alarm by error or malfunction constitutes a violation of this by-law.
11-8-5. Fines. The owner or person in charge of such an alarm system, after receiving written notice from the Chief of Police Police Department, and fails to comply with this law, shall be punished by a fine prescribed in the following. A non-criminal disposition penalty will be assessed of a warning for the first, second and third offenses, and fifteen dollars ($15) for the fourth offense. Each violation of this law shall be deemed to be a separate offense.
And, further by amending the fine schedule in Schedule A of said General By-laws to read as follows:
11-8-5. Automatic-dialing mechanical protection device.
1st through 3rd offense . . . . . . . . . . . . . . . . . warning
4th and subsequent offenses $15.00
or to 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 amend the General By-laws by amending Article 11-8 Automatic-dialing mechanical protection device by deleting the section 11-8-4 and clarifying the penalties to be assessed in section 11-8-5 and to amend Schedule A, both as printed in the warrant.
Motion Carried
Article 43. General By-law Amendment/Prohibited Conduct. To see if the Town will vote to amend the General By-laws by amending Article 13-2 Prohibited Conduct by clarifying the penalties to be assessed in section 13-2 as follows:
13-2 Prohibited conduct.
13-2-1. Disorderly conduct. No person shall cause inconvenience or annoyance to members of the public by anyone or more of the following: 1. by engaging in fighting or threatening; 2. by originating, or being a participant in, violent or tumultuous behavior; 3. by creating, without just cause, a hazardous or physically offensive condition; 4. by making unnecessarily loud noise.
And, further by amending the fine schedule in Schedule A of said General By-laws to read as follows:
Prohibited conduct.
13-2-1. Disorderly conduct. 25.00 50.00
or to 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 amend the General By-laws by amending Article 13-2 Prohibited Conduct by clarifying the penalties to be assessed in section 13-2 and to amend Schedule A, both as printed in the warrant.
Motion Carried
Article 44. General By-law Amendment/Placing advertising on property or vehicles without permission. To see if the Town will vote to amend the General By-laws by amending Article 13-2-5 Placing advertising on property or vehicles without permission by clarifying the penalties to be assessed in section 13-2 as follows:
13-2-5 Placing advertising on property or vehicles without permission. No person shall place, or cause to be placed, any advertising material on any town-owned property or vehicle without written permission from the Board of Selectmen or its delegate, or on any privately-owned property or vehicle without permission from the owner thereof. A non-criminal disposition penalty will be assessed of a warning to the owner, sponsor and/or responsible party for the first offense, fifty dollars ($50) for the second offense and one hundred dollars ($100) for the third offense. Each violation of this law shall be deemed to be a separate offense. The owner, sponsor and/or reposnsible party shall also be responsible to remove the advertising material from any town-owned or privately-owned property or vehicles.
And, further by amending the fine schedule in Schedule A of said General By-laws to read as follows:
Prohibited conduct.
13-2-5 Placing advertising on property or vehicles: 1st offense, warning; 2nd offense, $50.00; 3rd and subsequent offenses, $100.00
or to 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 amend the General By-laws by amending Article 13-2-5 Placing advertising on property or vehicles without permission by clarifying the penalties to be assessed in section 13-2 and to amend Schedule A, both as printed in the warrant.
Motion Carried
Article 45. General By-law Amendment/Excessive musical and other noise. To see if the Town will vote to amend the General By-laws by amending Article 13-2-6 Excessive musical and other noise by clarifying the penalties to be assessed in section 13-2-6-2 as follows:
13-2-6-2 Noise caused or suffered by persons on premises. No person present in or about any building, dwelling, premises, shelter, 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, to be audible at a distance of fifty (50) feet or more from the point of origin. A non-criminal disposition penalty will be assessed of fifty dollars ($50) to the owner, sponsor and/or responsible party for the each offense.
And, further by amending the fine schedule in Schedule A of said General By-laws to read as follows:
13-2-6-2. Noise caused or suffered on premises 50.00
or to 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 amend the General By-laws by amending Article 13-2-6 Excessive musical and other noise by clarifying the penalties to be assessed in section 13-2-6-2 and to amend Schedule A, both as printed in the warrant.
Motion Carried
Article 46. General By-law Amendment/Restraint of animals. To see if the Town will vote to amend the General By-laws by amending Article 13-2-7 Restraint of animals by clarifying the penalties to be assessed in section 13-2-7 as follows:
13-2-7. Restraint of animals. No owner or persons having care or control of any dog or horse shall permit the animal to run at large, nor shall the person having control of any animal allow said animal to defecate upon public sidewalks, streets, beaches, town-owned land or structures without permanently removing the excrement therefrom nor shall said person allow such excrement to remain on private property without consent of the owner or occupant of same. Dogs shall be restrained on leash under the control of the owner or owner's agent when off the property of the dog owner. A non-criminal disposition penalty will be assessed of ten dollars ($10) to the owner, and/or responsible party for the first offense, fifteen dollars ($15) for the second offense, twenty-five dollars ($25) for the third offense, fifty dollars for the fourth offense and seventy-five ($75) for the fifth and subsequent offenses. Each violation of this law shall be deemed to be a separate offense.
And, further by amending the fine schedule in Schedule A of said General By-laws to read as follows:
Restraint of animals.
1st offense, warning $10.00; 2nd offense, 10.00 $15.00; 3rd offense, 15.00 $25.00; 4th offense, 25.00 $50.00; 5th and subsequent offenses 50.00 $75.00
or to 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 amend the General By-laws by amending Article 13-2-7 Restraint of animals by clarifying the penalties to be assessed in section 13-2-7 and to amend Schedule A, both as printed in the warrant.
Motion Carried
Article 47. General By-law Amendment/Alcoholic Beverages. To see if the Town will vote to amend the General By-laws by amending Article 13-2-8 Alcoholic beverages by clarifying the penalties to be assessed in section 13-2-8-2 as follows:
13-2-8-2. Consumption from, or possession of, opened containers in public. No person shall, on any street, sidewalk, or other public property, consume from, or possess, any opened container of any alcoholic beverage, without written permit from the Board of Selectmen. A non-criminal disposition penalty will be assessed of fifty dollars ($50) for the each offense.
And, further by amending the fine schedule in Schedule A of said General By-laws to read as follows:
13-2-8-2. Consumption or possession of opened containers 25.00 $50.00
or to 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 amend the General By-laws by amending Article 13-2-8 Alcoholic beverages by clarifying the penalties to be assessed in section 13-2-8-2 and to amend Schedule A, both as printed in the warrant.
Motion Carried
Article 48. General By-law Amendment/Parking Lot Violation. To see if the Town will vote to amend the General By-laws by amending Article 13-3-3 Parking lot violation by clarifying the penalties to be assessed in section 13-3-3 as follows:
13-3-3. Parking lot violation. No person, without permission of the parking lot manager or their designee, may exit a municipal public parking lot without paying the established fee for said parking. A fee schedule shall be posted in all lots. Any person violating this bylaw may be arrested without a warrant. A non-criminal disposition penalty will be assessed of fifty dollars ($50) for the each offense.
And, further by amending the fine schedule in Schedule A of said General By-laws to read as follows:
13-3-3. Parking lot violation. $50.00
or to 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 amend the General By-laws by amending Article 13-3-3 Parking lot violation by clarifying the penalties to be assessed in section 13-3-3 and to amend Schedule A, both as printed in the warrant.
Motion Carried
Article 49. General By-law Amendment/Prohibit In-line Skating on Sidewalks, Public Property. To see if the Town will vote to amend the General By-laws by amending Article 13-2-20 Prohibit In-line Skating on Sidewalks, Public Property by clarifying the penalties to be assessed in section 13-2-20 as follows:
13-2-20. Prohibit In-line Skating on Sidewalks, Public Property. No person shall use roller skates, in-line roller blades, or skateboards on public sidewalks and on publicly-owned areas surrounding and including Town Hall, the Bas Relief, Fishermen’s Memorial park, and the bus station/waiting area at the MPL.
Any person who roller skates, roller blades, or skateboards on any public street within the Town of Provincetown shall do so in the same lawful direction of the motor vehicle traffic. The only exception to this rule shall be along Commercial Street, where such travel shall be permitted in both directions.
Any person who rollerskates, rollerblades or skateboards in the Town of Provincetown shall do so with all due caution, safety, and respect for all other traffic, motor vehicle, bicycle, and pedestrian, that may be using the public street at the same time.
The Board of Selectmen reserves the right to designate and/or restrict the use of any public building, facility, area, public street or way for rollerskating, rollerblading, or skateboarding use, either on a permanent or temporary basis, and to post such as deemed necessary.
The Provincetown Police Department shall enforce the provisions of this article. Violators shall be issued a non-criminal disposition penalty of a warning for the first offense and twenty-five dollars ($25) for the second and subsequent offenses. Each violation of this law shall be deemed to be a separate offense.
And, further by amending the fine schedule in Schedule A of said General By-laws to read as follows:
13-2. Prohibited conduct.
13-2-20 In-line Skating 1st offense, warning; 2nd and subsequent, $25.00
or to 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 amend the General By-laws by amending Article 13-2-20 Prohibit In-line Skating on Sidewalks, Public Property and to amend Schedule A, both as printed in the warrant.
Motion Carried
Article 50. FY 2000 Human Services Grant Program. To see if the Town will vote to raise and appropriate or transfer from available funds the sum of $41,700 to be expended under the direction of the Board of Selectmen, to fund grants to assist non-profit agencies and organizations to maximize available resources to meet needs identified by the community by providing services to local residents, particularly those of low- and moderate-income and those who are uninsured or underinsured, as follows:
Cape Cod Human Services Committee $4,000
Collaborate Care 1,000
Foundation for Youth 500
Gosnold 11,150
H.O.W./Helping Our Women 3,000
Independence House, Inc. 3,800
Interfaith Council for the Homeless 1,000
Legal Services for Cod Cape & Islands 4,000
Lower Cape Outreach Council, Inc. 3,000
Mass A-Peal 350
Nauset, Inc. 1,000
Provincetown AIDS Support Group 5,000
Provincetown/Truro Mediation Service 2,000
Sight Loss Services, Inc. 400
Soup Kitchen in Provincetown 1,500
or to take any other action relative thereto.
[Requested by the Board of Selectmen, the Town Manager,
and the Human Services Committee]
FINANCE COMMITTEE RECOMMENDS: 5-0-0
Elizabeth Steele-Jeffers moved that the Town vote to raise and appropriate the sum of $41,700 to be expended under the direction of the Board of Selectmen, to fund grants to assist non-profit agencies and organizations to maximize available resources to meet needs identified by the community by providing services to local residents, particularly those of low- and moderate-income and those who are uninsured or underinsured, as printed in the warrant.
Motion Carried
Article 51. Establish Town Fund for Aid to the Elderly and Disabled of Low Income. To see if the Town will vote to establish a Town Fund for Aid to the Elderly and Disabled of Low Income by accepting the provisions of MGL C.60,§3D, which reads as follows:
A city or town which accepts the provisions of this section is hereby authorized, subject to the approval of the commissioner, to design and designate a place on its municipal tax bills, or the motor vehicle excise tax bills, or to mail with such tax bills a separate form, whereby the taxpayers of said city or town may voluntarily check off, donate and pledge an amount not less than $1 or such other designated amount which shall increase the amount otherwise due, and to establish a city or town aid to the elderly and disabled taxation fund for the purpose of defraying the real estate taxes of elderly and disabled persons of low income.
Any amounts donated to said fund shall be deposited into a special account in the general treasury and shall be in the custody of the treasurer. The treasurer shall invest said funds at the direction of the officer, board, commission, committee or other agency of the city or town who or which is otherwise authorized and required to invest trust funds of the city or town and subject to the same limitations applicable to trust fund investments, except as otherwise specified herein. The fund, together with the interest earned thereon shall be used for the purpose specified in this section without further appropriation.
In any city or town establishing an aid to the elderly and disabled taxation fund, there shall be a taxation aid committee to consist of the chairman of the board of assessors, the city or town treasurer and three residents of the city or town to be appointed by the mayor or board of selectmen as the case may be. Said board shall adopt rules and regulations to carry out the provisions of this section and to identify the recipients of such aid.
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 establish a Town Fund for Aid to the Elderly and Disabled of Low Income by accepting the provisions of MGL C.60,§3D, which are printed in the warrant.
Motion Carried
Article 52. Repeal Registration and Inspection Procedure for Collection of Room Tax on Condominiums. To see if the Town will vote to repeal Article 47 as adopted at the Annual Town Meeting in 1997 which read as follows:
Article 47. Local Room Tax on Condominiums and Other Rentals. To see if the Town will vote as follows: Whereas, licensed motels and rooming houses collect the room occupancy excise tax to the benefit of the Commonwealth and the Town; and Whereas, condominiums and other properties rented by the day, weekend, week, month or season should be registered if they qualify under MGL C.64G §6 and should pay the room occupancy excise tax as others do; Now, therefore, the Town votes to have the Finance Department and Town Administration set up a registration and inspection procedure to properly register and collect these taxes;
or to take any other action relative thereto.
[Requested by Gary Reinhardt and others]
FINANCE COMMITTEE RESERVES RECOMMENDATION
Gary Reinhardt moved that Article 52 as printed in the warrant.
(Motion to Move the Question Carried)
Motion Defeated
Meeting ended at 11:04