Special Town Meeting

 

Monday, April 03, 2000

 

Attendance: 466 Town Meeting Voters.

 

Meeting began 7:33 p.m.

 

 

Preliminary Motions

 

(1) Elizabeth Steele-Jeffers moved that the Town vote to waive the reading of the warrant.

Motion Carried.

 

 

(2) Elizabeth Steele-Jeffers moved that the Town voter to grant permission to speak at the April 3, 2000 Special Town Meeting to the following persons who are not registered voters of the Town of Provincetown.

Dennis Clark, Recreation Director; David J. Ditacchio, Marine Superintendent; Brian Dudley, of the Massachusetts Department of Environmental Protection; Dale Fanning, Director, Provincetown Heritage Museum; Dr. Susan N. Fleming, Superintendent of Schools; Paul Gabriel and Mark White of Environmental Partners Group; John W, Giorgio, Esq., and others attorneys of the firm of Kopelman & Paige, P.C. Town Counsel; John Goodrich, wastewater facilitator;  George Heufelder, Health Agent; Michelle Jarusiewicz, Grant Administrator; William Rokicki, Principal, Veterans Memorial Elementary School; Kathleen Slivka, Schools Director of Student Services; Peter Morrision, School Building Consultant; Lynne Stapleton, School Building Consultant; John Kenny, School Building Consultant; Craig Wiegand, Water Superintendent; Patricia Fitzpatrick, Tourism Director; Malcolm Galvin, Town Accountant.

Motion Carried.

 

 

(3) Elizabeth Steele-Jeffers moved that on all matter to come before the annual and special town meetings of April 3, 2000, 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 Carried.

 

 

Article 1.         Funding for Repair, Replacement, Upgrade of Septic Systems.  To see if the Town will vote to appropriate the sum $200,000, to be expended under the direction of the Director of Municipal Finance, for the purpose of funding the following water pollution abatement facility projects: repair, replacement, and/or upgrade of septic systems, pursuant to agreements with the Board of Health and residential property owners, including without limitation all costs thereof as defined under Chapter 29C, section 1 of the General Laws; that to meet this appropriation the Treasurer, with the approval of the Board of Selectmen, is authorized to borrow $200,000 and issue bonds or notes therefor under Chapter 111, section 127B˝ and/or Chapter 29C of the General Laws; that project and financing costs shall be repaid by property owners in accordance with those agreements, but such bonds or notes shall be general obligations of the Town; that the Treasurer with the approval of the Board of Selectmen is authorized to borrow all or a portion of such amount from the Massachusetts Water Pollution Abatement Trust established pursuant to Chapter 29C and in connection therewith to enter into a loan agreement and/or security agreement with the Trust and otherwise contract with the Trust and the Department of Environmental Protection with respect to such loan and for any federal or state aid available for the projects or for the financing thereof; and that the Board of Selectmen is authorized to enter into a project regulatory agreement with the Department of Environmental Protection, to expend all funds available for the projects and to take any other action necessary to carry out the projects; or to take any other action relative thereto.

[Requested by the Board of Selectmen and the Board of Health]

Finance Committee Recommends: 6-0-0

Board of Selectmen Recommends: 5-0-0

Board of Health Recommends: 5-0-0

Elizabeth Steele-Jeffers moved to see if the Town will vote to appropriate the sum $200,000, to be expended under the direction of the Director of Municipal Finance, for the purpose of funding the following water pollution abatement facility projects: repair, replacement, and/or upgrade of septic systems, pursuant to agreements with the Board of Health and residential property owners, including without limitation all costs thereof as defined under Chapter 29C, section 1 of the General Laws; that to meet this appropriation the Treasurer, with the approval of the Board of Selectmen, is authorized to borrow $200,000 and issue bonds or notes therefor under Chapter 111, section 127B˝ and/or Chapter 29C of the General Laws; that project and financing costs shall be repaid by property owners in accordance with those agreements, but such bonds or notes shall be general obligations of the Town; that the Treasurer with the approval of the Board of Selectmen is authorized to borrow all or a portion of such amount from the Massachusetts Water Pollution Abatement Trust established pursuant to Chapter 29C and in connection therewith to enter into a loan agreement and/or security agreement with the Trust and otherwise contract with the Trust and the Department of Environmental Protection with respect to such loan and for any federal or state aid available for the projects or for the financing thereof; and that the Board of Selectmen is authorized to enter into a project regulatory agreement with the Department of Environmental Protection, to expend all funds available for the projects

Motion Carried, 2/3rd vote.

 

 

Article 2.            Acceptance of Local Option Statute: Deferral of Sewer Use Charges for Owners 65 Years Old and Older. To see if the Town will vote to accept the provisions of Chapter 83, section 16G of the General Laws which authorizes the deferral of sewer use charges for property owners aged 65 years old and older; or to take any other action relative thereto.

[Requested by the Board of Selectmen and the Wastewater Citizens Advisory Committee]

Finance Committee Recommends: 6-0-0

Board of Selectmen Recommends: 5-0-0

Board of Health recommends: 5-0-0

Wastewater Citizens Advisory Committee Recommends: 6-0-1

Elizabeth Steele-Jeffers moved that the Town vote to accept the provisions of Chapter 83, section 16G of the General Laws which authorizes the deferral of sewer use charges for property owners aged 65 years old and older.

Motion Carried, 2/3rd vote.

 

 

Article 3.            Wastewater Facilities Design/State Revolving Fund No Interest Loan Program/Old Burn Dump Treatment Building Location. To see if the Town will vote as follows: WHEREAS, the lot-by-lot analysis conducted by the Barnstable County Health Agent has determined that over 90% of properties in Provincetown can continue to manage their wastewater disposal needs on site with the assistance of a proposed town-wide septic system management program; and WHEREAS, a central sewer is proposed for a limited area to meet the needs of the 10% of properties that will have difficulty complying with state requirements when their current system needs to be repaired or replaced; and WHEREAS, all of the costs of the proposed approach can be borne by either the Town’s local room tax receipts through the Wastewater Enterprise Fund or by the users, at no cost to the taxpayer; and WHEREAS, the Board of Health and the Wastewater Citizens Advisory Committee have recommended, and the Board of Selectmen has selected, the site of the Old Burn Dump as the site for the wastewater treatment building; THEREFORE, the Town votes to appropriate the sum of $500,000 to be expended under the direction of the Director of Public Works to continue the development of plans and specifications for construction of sewerage systems in accordance with the engineering scope of services developed by the Wastewater Management Plan Citizens Advisory Committee for a wastewater facilities plan as outlined by the Department of Environmental Protection, including the siting of the wastewater treatment building at the Old Burn Dump site, 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(22) 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; or to take any other action relative thereto.

[Requested by the Board of Selectmen, the Board of Health, the Town Manager,

and the Wastewater Citizens Advisory Committee]

Finance Committee Recommends: 6-0-0

Board of Selectmen Recommends: 5-0-0

Board of Health Recommends: 5-0-0

Wastewater Citizens Advisory Committee Recommends: 5-1-1

Elizabeth Steele-Jeffers moved as printed in the warrant.

Motion Carried. 2/3rd vote.

 

 

Article 4.            Old Burn Dump Site for Public Land Conservation/Recreation; Prohibit Wastewater. To see if the Town will vote to set aside and manage the forty-seven acres surrounding Clapp Pond and Duck Pond and including the site of the old burn dump for purposes only of conservation and recreation; and to prohibit any use of these lands for any facilities not related to conservation and recreational purposes including but not limited to wastewater management; or to take any other action relative thereto.

[Requested by Peter Souza and others]

Finance Committee Does Not Recommend: 6-0-0

Board of Selectmen Does Not Recommend: 3-2-0

Board of Health Does Not Recommend:5-0-0

Conservation Commission Recommends: 4-0-0

Peter Souza moved that the Town will vote to set aside and manage the forty-seven acres surrounding Clapp Pond and Duck Pond and including the site of the old burn dump for purposes only of conservation and recreation; and to prohibit any use of these lands for any facilities not related to conservation and recreational purposes including but not limited to wastewater management.

 

Peter Souza moved to amend the motion under article 4 by deleting the words: “including the site of the of the Old Burn Dump” and replacing them with the following words “excluding the site of the Old Burn Dump as identified on a plan to be approved by the Board of Selectmen”.

Amendment Defeated.

 

Motion Defeated.

 

 

 

Article 5.             Water Enterprise Reserve Fund for Capital Expenditures.   To see if the Town will vote to appropriate the sum of $83,905 from the Water Enterprise Reserve Fund for Capital Expenditures, to be expended by the Water and Sewer Board with the approval of the Board of Selectmen for capital expenditures of said enterprise, or to take any other action relative thereto.

[Requested by the Board of Selectmen, the Water and Sewer Board, and the Town Manager]

Finance Committee Recommends: 6-0-0

Board of Selectmen Recommends: 5-0-0

Elizabeth Steele-Jeffers moved that the Town vote to appropriate the sum of $83,905 from the Water Enterprise Reserve Fund for Capital Expenditures, to be expended by the Water and Sewer Board with the approval of the Board of Selectmen for capital expenditures of said enterprise.

Motion Carried.

 

 

 

Article 6.            Water Enterprise Fund Capital Projects.   To see if the Town will vote to borrow or transfer from available funds the following sums to defray the costs of the certain capital improvements to be funded by the Water Enterprise Fund, as follows:

1. South Hollow and Knowles Crossing Wellfield Improvements: $450,000 to be expended under the direction of the Town Manager and the Director of Public Works for rehabilitation of water department equipment, including improvements to the wells at the South Hollow and Knowles Crossing well fields, and for costs incidental and related thereto; and that the Treasurer, with the approval of the Board of Selectmen, is authorized to borrow said sum under and pursuant to Chapter 44, Section 8(7C), of the General Laws, or any other enabling authority, and to issue bonds or notes of the Town therefor;

Finance Committee Recommends: 6-0-0

Board of Selectmen Recommends: 5-0-0

Elizabeth Steele-Jeffers moved to appropriate and borrow the sum of $450,000 to be expended under the direction of the Town Manager and the Director of Public Works for rehabilitation of water department equipment, including improvements to the wells at the South Hollow and Knowles Crossing well fields, and for costs incidental and related thereto; and that the Treasurer, with the approval of the Board of Selectmen, is authorized to borrow said sum under and pursuant to Chapter 44, Section 8(7C), of the General Laws, or any other enabling authority, and to issue bonds or notes of the Town therefor;

Motion Carried 2/3rd vote.

 

 

 

 

2. DEP Water Management Permit/New Source Development: $250,000 to be expended under the direction of the Town Manager and the Director of Public Works for DEP Water Management Act permitting and new source development, and for costs incidental and related thereto; and that the Treasurer, with the approval of the Board of Selectmen, is authorized to borrow said sum under and pursuant to Chapter 44, Section 8(3A), of the General Laws, or any other enabling authority, and to issue bonds or notes of the Town therefore.

Finance Committee Recommends: 6-0-0

Board of Selectmen Recommends: 5-0-0

Elizabeth Steele-Jeffers moved article 6-2 as printed in the warrant.

Motion Carried. 2/3 vote.

 

 

 

3. Water Department Equipment: Backhoe: $50,000 to be expended under the direction of the Town Manager and the Director of Public Works for a backhoe for the Water Department, and for costs incidental and related thereto; and that the Treasurer, with the approval of the Board of Selectmen, is authorized to borrow said sum under and pursuant to Chapter 44, Section 8(7C), of the General Laws, or any other enabling authority, and to issue bonds or notes of the Town therefore.

Finance Committee Recommends: 6-0-0

Board of Selectmen Recommends: 5-0-0

Elizabeth Steele-Jeffers moved article 6, item 3 as printed in the warrant.

Motion Carried 2/3 vote.

 

 

 

 

4. McGuire/Thomas Property Septic System Replacement: $50,000 to be expended under the direction of the Town Manager and the Director of Public Works for replacement of the septic systems installed by the Town of Provincetown in 1954 at the McGuire/Thomas property, so-called, located in the aquifer protection area of the South Hollow well field, and for costs incidental and related thereto; and that the Treasurer, with the approval of the Board of Selectmen, is authorized to borrow said sum under and pursuant to Chapter 44, Sections 7 and 8, of the General Laws, or any other enabling authority, and to issue bonds or notes of the Town therefore;

or to take any other action relative thereto.