June 1, 2020

“Move that the Select Board vote to extend the mask mandate to include all of Commercial Street 24/7. Motion: Robert Anthony Second: Lise King Vice Chair Robert Anthony rescinded his motion, after taking into consideration the communities desire not to have a 24/7 mandate and is supportive of the 9 am - 9 pm order as previously voted on. Select Board member John Golden is in support of the 9 am - 9 pm mandate on Commercial Street and reminds every one of the Governor's mandate of wearing a mask when unable to social distance. Both Vice Chair Anthony and Member Golden support the proposed language "Individuals are required to wear a mask or other cloth face covering over the nose and mouth when along the public way on Commercial Street between Bangs Street and Pleasant Street from the hours of 9 AM until 9 PM. This order does not apply to children under the age of 2 or any person who is unable to wear a mask or face covering due to a medical condition or is otherwise exempted by the Department of Public Health guidance. Persons not able to wear a mask due to a medical condition are not required to produce documentation of the condition. This Order is intended to supplement the requirements of the Governor's mask order, which continues to remain in place throughout the Town" for the Emergency Order. Select Board member King and Select Board Member Venden felt the ordered was a good balance of the requests from the community members. BOH Chair and Vice Chair Troyan felt this was the right way to begin. VC Troyan thinks compliance with an order is based on many things but understanding and finding it reasonable are two main factors. Town Counsel John Giorgio gave the Boards an update on the Governors new guidelines that were released today. It provides a mechanism for the Select Board to approve the expansion of outdoor seating without requiring the ZBA. Town Counsel will now need to make some changes to be consistent with the process the Governor's office released today. The Boards agreed that staff should work with Town Counsel to update the order to be in line with the Governor. b. Public and Semi-Public Shower Additions made as a point of suggestion by Town Counsel. They may be approved by the Board of Health. The state has always regulated hot tubs and pool heavily, so Board of Health Chair Katsurinis state the Board of Health and Health Director felt comfortable removing them. The Select Board has no objections to removing those items. No objections to removing those from the Select Board. c. Indoor Entertainment Live indoor entertainment, including cabarets and other live performances, which would otherwise require an entertainment license by the Licensing Board is hereby prohibited. d. Shared Bathrooms No guesthouse or other lodging houses may provide for the shared use of bathrooms by persons who are not related to each other, without the approval of the Board of Health. e. Food Buffets Food buffets and/or any kind of self-service of any food that is not pre-packaged, including self- serve coffee soft drinks, and water dispensing areas, are not allowed to operate. f. Outdoor Areas of Restaurants or Bars Smoking in outside restaurant areas or bar areas is prohibited. g. Use of Town Property - Improvements to Town Hall Property As the custodial board of Town property, the Select Board will make certain properties available for use by members of the public for the consumption of take-out meals. Said outdoor areas shall be subject to such reasonable rules and regulations as the Select Board deem necessary and shall be available on a first-come, first-serve basis. Pursuant to the authority of the Select Board over public ways and authority to enact traffic regulations, the Select Board will temporarily remove parking spaces on Ryder Street to promote social distancing and pedestrian movement. The Select Board will permit the expansion of the Farmer's Market and the Sunday Vendor's Market onto the Town Hall lawn. The Select Board expressed concerns; title leads to confusing, asked to have "Hall" removed so people know it is not limited to just Town Hall but all Town owned properties. Select Board Member Venden asked for clarification for Ryder Street parking removal. Town Manager Craver suggested removing the language pertaining to picnic tables and handwashing to allow for flexibility. h. Closing of Commercial Street to Vehicular Traffic Member King proposed holding this item until another meeting so that they can allow input from residents and other stakeholders on Commercial Street. Town Manager Craver asked the board to also consider taking out East End Gallery Stroll and Fire House #3. Patrick Patrick spoke to the Boards about the outreach previously done by the Coalition to gather input on closing the street for East End Gallery Stroll. The Board supported pulling the item from the order. Chair Abramson will be placing Closing of Commercial Street on the June 8th agenda with public comments allowed. i. East End Gallery Stroll The Select Board discussed their reasons for not wanting to remove the parking from this area of town and do not support having the East End Gallery Stroll in the Emergency order. j. Firehouse No. 3 The Town Manager Craver asked the Firehouse No. 3 be removed from the Order. Neither the Select Board or the Board of Health has an issue with removing these items from the Order. k. Enforcement 1. Copies of this Order and any other notices required by this Order shall promptly be: (1) made available at the Provincetown Hall; (2) posted on the Town Website; and (3) provided to any member of the public requesting a copy of this Order; and (4) a summary of which shall be published in the Cape Cod Times, Provincetown Banner, and the Provincetown Independent. 2. If any provision of this order or the application thereof to any person or circumstance is held to be invalid, the remainder of the Order, including the application of such part or provision to other persons or circumstances, shall not be affected and shall continue in full force and effect. To this end, the provisions of this Order are severable. 3. Whoever violates any provision of this Order may be penalized by indictment or on complaint brought in the district court. Except as may be otherwise provided by law and as the district court may see fit to impose, the maximum penalty for each violation or offense shall be one thousand dollars ($1,000). Each day or portion thereof shall constitute a separate offense. If more than one, each condition violated shall constitute a separate offense. The Board of Health and/or the Select Board may seek to enjoin violations thereof through any lawful process, and the election of one remedy by the Board of Health shall not preclude enforcement through any other lawful means. 4. The Provincetown Health Director, Assistant Health Officer, Agent of the Board of Health, and/or any Police Officer of the Town of Provincetown may enforce this Order as a regulation of the Board of Health. 5. Whoever violates any provision of this Order may be penalized by a noncriminal disposition process as provided in Massachusetts General Laws, Chapter 40, section 21D and the Town's non-criminal disposition by-law. 6. If non-criminal disposition is elected, then any person who violates any provision of this Regulation and Order shall be subject to a penalty 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 a third and subsequent offense. Each day or portion thereof shall constitute a separate offense. If more than one, each condition violated shall constitute a separate offense. 7. Notwithstanding the foregoing, agents and officers are encouraged to educate offenders and to exercise their judgment on a case-by-case basis, and they may issue verbal or written warnings prior to determining that an offense has occurred. John Gorgio reviewed the enforcement section with the Select Board and Board of Health. Vice Chair Anthony asked who the enforcement authority would be and if the enforcement would be enforced by an agent of the town. This order includes, the Health Director and any agents within the health department and the use of Police if the Board decided to do so. Approved the draft order of the Select Board and Board of Health and make it effective immediately Motion David Abramson Seconded Louise Venden Roll Call Vote David Abramson Aye Robert Anthony Aye John Golden Aye Lise King Aye Louise Aye.” (Motion: Abramson, second: Venden)

Read it in the official minutes, page 3 (PDF)