In its second and final night before reconvening in May to discuss financial business, Town Meeting repealed a nitrogen bylaw passed in October, increased a tax charged to diners eating at restaurants, and put new tools into the Police Department's toolbox.

Voters decided Monday to hold decisions on all articles concerning finances until May 23 while officials work to resolve a $919,000 discrepancy in the town's books, which was discovered by an auditor earlier this month.

Nitrogen bylaw repealed:

Six months after it first passed the "net-zero nitrogen" bylaw was repealed by voters at Town Meeting on Tuesday.

The bylaw passed in October required that new developments contribute no nitrogen to the town's watershed. After contentious debate, it passed by a two-thirds majority and responsibility was handed to the Board of Health to draft enforcement regulations.

Since all residences, whether using septic systems or connected to the sewer system, produce some nitrogen, the bylaw required that developers find a way to take at least an equal amount of nitrogen out of the watershed by, for instance, taking cranberry bogs out of production.

Months later, the regulations have not been completed. Board of Health members cited the difficulties involved in trying to enforce something that has never been enforced anywhere. For that reason, citizen activist Bob Brady submitted a citizen’s petition to repeal the net-zero nitrogen bylaw as being unenforceable.

“We need realistic standards [to regulate nitrogen pollution]. This bylaw does not do that,” Brady told voters. “The standard ... to the average person or landowner is unrealistic.”

Brady added a bylaw is not necessary for the Board of Health to establish regulations on nitrogen and new regulations would be created regardless if a bylaw was in place.

Ed Pacewicz, Clean Water Committee chairman and proponent of the bylaw, questioned repealing the only bylaw the town has in place to standardize nitrogen output.

Additionally, Pacewicz raised what he called the “fairness issue.” When a sewer line is extended to a neighborhood to help reduce nitrogen output, each property owner in that neighborhood is charged a “betterment fee" and every owner of a sewered property pays an annual “sewer user fee.” Because the system does not serve all of the town’s residents, it was determined at the time that only those who used the sewer system would pay for it.

With betterment fees now topping $20,000 and the annual user fee at $596 for most households, sewer costs have become extremely controversial.

Precinct 1 voter John Donahue motioned for further study on the article.

“Suggestions the article is not doable ... I suggest it has not been tried,” he said.

Former Board of Selectmen chairwoman Jane Donahue agreed, adding the existing bylaw is under review by the Attorney General.

“We need to start somewhere and if we keep [the bylaw] we have a start,” she said. “We are moving repealing a bylaw prematurely.”

Thomas Bicki of Precinct 3 spoke in support of the original article.

“I do not support a seriously flawed article because it’s the only article,” he said.

His sentiments were echoed by Selectman Cara Winslow, who worried the strict bylaw will raise a new set of problems in the future.

“I don’t believe this can work as written,” Winslow said. “Five years from now what if something happens and only a portion [of the bylaw] can be enforced? Then we’re going to be sitting here having the same discussion.”

The motion for further study failed. After nearly an hour of heated discussion the article to repeal the nitrogen net zero bylaw passed by a majority vote 118 to 100.

Although she was given the OK by Town Counsel, Town Moderator Claire Smith elected not to moderate the article. Smith told voters she felt presiding over the article could present an appearance of a conflict of interest since her husband is the owner of Smith’s Cesspool Service.

Newly elected Joseph Ashley showed command in his position, presiding over the article in his first act as Deputy Moderator. The 19-year-old even managed to throw in a couple of jokes.

“Is your name Donna?” he questioned Selectman Winslow with a grin as she spoke out of turn.

Meals tax increased:

Town Meeting Tuesday approved increasing the tax citizens pay when eating at restaurants to .75%, which would add an extra 75 cents to a $100 restaurant tab.

The tax has the potential to drum up more than $400,000 in extra revenue, according to projections from the Department of Revenue presented by Town Administrator Mark Andrews.

“This is one of the largest sources of recurring revenue,” Andrews said. “We are down to the bottom of the toolbox for recurring revenue ... particularly in a budget process that has been difficult as of late.”

The state gives each town the choice of opting in to the increased tax. Currently, 114 towns in Massachusetts have the increased tax in place. At least 10 of those are seaside communities, including Fairhaven and Nantucket.

Selectman Cara Winslow argued an added tax could have a negative effect on local restaurants and tourism.

“I think that at some point in time it will be something [every town] is going to do, but it is not that way now,” she said. “A good portion of [the money collected] will come out of [Wareham residents'] pockets. I don’t think it’s something we should never consider ... just not today.”

Andrews said summer visitors would be the most affected by the meals tax. He said high gas prices will deter people from driving to other towns to avoid the fee.

Proponents of the article argued the increase would be negligible.

“If I go out to eat 10 times at $100 a pop I have spent $7 extra,” resident Ed Pacewicz said. “Were talking about 75 cents. You’ll never notice it. Neither will anyone else.

One business owner agreed with Winslow, saying the tax will hurt local industry.

“I keep hearing it’s only 75 cents, but restaurant owners are ones who have to collect it,” Marc Anthony’s Pizzeria owner John Salerno said, noting he hasn't raised prices in several years because of increased taxes coming down from the state.

After some debate, the article passed by a majority vote.

“We face a lot of capital problems,” said Finance Committee member Frank Heath. “We need to find new sources of income. ... This one is probably the fairest.”

The money generated by the tax will go into the town’s general fund, though earlier this year members of the Ad Hoc Budget Committee planned for it to be earmarked for capital planning purposes.

Attorney Rich Bowen said Tuesday all the money collected must into general fund, then be put into capital planning. An automatic transfer to capital planning could not occur without special legislation.

Police details, noise nuisance update:

Voters approved a new bylaw that will allow the police chief to place police details at locations with repeated criminal activity at the expense of property owners.

"I have people calling me on a regular basis about quality-of-life issues," Stanley said, urging residents to support the article. "I have people calling me about things happening in the neighborhoods that would shock you."

After two incidents in a 12-month period, police will notify the property's residents of the bylaw. After four incidents in one year, the police chief will notify the residents of the decision to assign a detail. A detail would be assigned at the chief's discretion. Residents would have the right to appeal the chief's decision within seven days.

If property owners do not pay for the details, the town can place a lien on the property.

Stanley said he's had to increase patrols in some neighborhoods due to frequent complaints. Certain homes are draining the Police Department resources ... and our budget," he added.

Quincy has experienced "nothing but positives" with the ordinance, Stanley said. After owners have been notified about the possibility of having a police detail patrol their property, the problems have been fixed. No details have been assigned as of yet.

The article was modeled after a Quincy city ordinance and proposed by citizen Michael Flaherty who previously lived in Quincy and saw the success of the ordinance. It was endorsed by Police Chief Richard Stanley and added to the warrant.

Few voters voiced opposition to the proposal and it passed by a majority vote.

Voters also approved updates to the current anti-noise regulations to establish a "quiet time" between the hours of 11 p.m. and 7 a.m. and added language to account for unnecessary noise coming from vehicles engine and muffler noise.

"This reflects an average of what all the other bylaws around us deal with as far as noise," said Ed Pacewicz, who petitioned for the bylaw change to be added to the warrant.

Opponents argued that the changes would be difficult to enforce.

"Do I call the police when there's a loud car with its exhaust dragging at 1:00 in the morning," Selectman Cara Winslow asked.

Proponents maintained that the update would help police keep the community quiet.

"This is another tool in the toolbox to assist us, [and] especially those who live here year-round," said Stanley.

The article passed by a majority vote.

In other Town Meeting business:

In addition to passing several routine "housekeeping" articles, voters approved a change to the Town Charter which requires the hiring of a Director of Assessment within 30 days after the position is vacated. The town has been without a full-time permanent Director of Assessment since August. The position was filled in January, but only for a short time before the appointed director resigned.

A proposal to repeal a bylaw that currently allows for the construction of wind turbines was tabled until the May 23 Town Meeting after the dates for a Planning Board public hearing on the issue were improperly published.