Finance Committee Booklet 2001

Special Town Meeting

Monday, April 2, 2001

Preliminary Motions

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

Motion Carried.

(2a) Elizabeth Steele-Jeffers moved that the Town vote to grant permission to speak at the April 2, 2001 Special Town Meeting to the following persons who are not registered voters of the Town of Provincetown:

Dennis Anderson, Cape End Manor facilitator;

Dennis Clark, Recreation Director;

Mario DiGregorio, senior wetlands scientist, Horsley & Witten;

Brian Dudley, Massachusetts Department of Environmental Protection;

Dale Fanning, Director, Provincetown Heritage Museum;

Patricia Fitzpatrick, Tourism Director

Dr. Susan N. Fleming, Superintendent of Schools

Paul Gabriel, Mark White, and Wayne Perry of Environmental Partners Group, wastewater engineers

John W. Giorgio, Esq., and other attorneys of the firm of Kopelman & Paige, P.C., Town Counsel

John Goodrich, wastewater facilitator;

George Heufelder, Health Agent;

Jeff Hoover of Tappe Associates, library architect.

Tony Jackett, Shellfish Constable;

Michelle Jarusiewicz, Grant Administrator;

Steve Johnson, Metcalf & Eddy wastewater engineer

Bruce T. Miller, Director of Municipal Finance and Town Accountant

Robin Reid, president of the Supporters of the Provincetown Library

William Rokicki, Principal, Veterans Memorial Elementary School;

Kathleen Slivka, Schools Director of Student Services

Eileen Thomas, Cape End Manor Administrator

Craig Wiegand, Water Superintendent;

Motion Carried.

(2b) Elizabeth Steele-Jeffers moved that the Town vote to grant permission to speak at the April 2, 2001 Special Town Meeting to the following persons who are not registered voters of the Town of Provincetown.

Motion Defeated.

(3) Elizabeth Steele-Jeffers moved that on all matters to come before the April 2, 2001 Special Town Meeting, 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. 2/3^rd vote.

Article 1. Sewer Betterment Assessment Deferral for Low-income Elderly. To see if the Town will accept General Laws Chapter 80, Section 13B, which provides that upon application of the owner of real property assessed a betterment assessment, if such owner is a low-income elderly homeowner eligible for an exemption under clause 41A of G.L. c.59, §5, the Town shall enter into an agreement with such owner for the deferral of the payment of the assessment, or take any other action relative thereto.

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

and the Wastewater Citizens Advisory Committee]

FINANCE COMMITTEE RECOMMENDS: 8-0-0

BOARD OF SELECTMENT RECOMMENDS: 4-0-0

WASTEWATER CITIZENS ADVISORY COMMITTEE RECOMMENDS:9-0-0

BOARD OF HEALTH RECOMMENDS:5-0-0

Elizabeth Steele-Jeffers moved that the Town vote to approve Article 1 as printed in the warrant.

Motion Carried.

Article 2. Wastewater Facilities Construction/State Revolving Fund 0%-Interest Loan Program/Old Burn Dump Treatment Building Location/Sewer Betterments. To see if the Town will vote as follows:

WHEREAS, the urgent need for a public sewer system in the Town of Provincetown has been demonstrated by the Massachusetts Department of Environmental Protection (DEP) including on its Final FY 2001 Intended Use Plan the Town of Provincetown among only 16 of 105 applicants for State Revolving Fund (SRF) loans for wastewater construction projects; and

WHEREAS, DEP has qualified the Town of Provincetown for a 0%-interest loan in the amount of $14,961,000, which amount the Town must appropriate by June 30, 2001 in order to maintain eligibility for said 0%-interest loan; and

WHEREAS, the 0%-interest SRF loan program will become a 2%-interest loan program beginning next year, adding $3,015,000 in borrowing costs to Provincetown's project costs if the local appropriation is not made by June 30, 2001; and

WHEREAS, all of the costs of the proposed sewer system can be borne by either the Town’s local room tax receipts through the Wastewater Enterprise Fund or by the sewer’s users, at no cost to the taxpayer; and

WHEREAS, upon the recommendation of the Board of Selectmen, the Board of Health, and the Wastewater Citizens Advisory Committee the April 3, 2000 Special Town Meeting approved design funds for preparation of the Final Environmental Impact Report and Wastewater Facilities Plan, including the selection of the site of the Old Burn Dump as the site for the wastewater treatment building; and

WHEREAS, the Town anticipates obtaining approval of the Final Environmental Impact Report and Wastewater Facilities Plan by the date of the April 2, 2001 Town Meeting;

THEREFORE, the Town votes to appropriate the sum of $14,961,000, or any greater or lesser amount, to be expended under the direction of the Director of Public Works 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(1) 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;

And, further, the Town votes to authorize the Water and Sewer Board to assess one hundred percent of the project cost to the Town of the installation of sewers and construction of wastewater treatment plant upon those who benefit from the project, such assessments to be made by the Uniform Unit method as provided by General Laws Chapter 83, Section 15; and the Town votes to instruct its representative in the General Court to file a home rule petition for a special act to read substantially as follows:

SECTION 1. Notwithstanding the provisions of any general or special law to the contrary, the town of Provincetown is hereby authorized to assess interest on apportionments of sewer betterment assessments at a rate equal to the rate of interest chargeable to the town for the betterment project to which the assessments relate.

SECTION 2. This act shall take effect upon its passage.

The General Court may make clerical or editorial changes of form only to the bill, unless the Board of Selectmen approves amendments to the bill before enactment by the General Court. The Board of Selectmen is hereby authorized to approve amendments which shall be within the scope of the general public objectives of this petition; or take any other action relative thereto.

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

and the Wastewater Citizens Advisory Committee]

FINANCE COMMITTEE RECOMMENDS $16,499,500: 8-0-0

BOARD OF SELECTMEN RECOMMENDS:3-2-0

WASTEWATER CITIZENS ADVISORY COMMITTEE RECOMMENDS: 8-1-0

BOARD OF HEALTH RECOMMENDS:4-0-1

CONSERVATION COMMISSION: 2 IN FAVOR, 2 OPPOSED.

Elizabeth Steele-Jeffers moved that the Town vote to approve Article 2 as printed in the warrant in the amount of $16,499,500.

Motion Carried. 2/3^rd Vote Required. Favor: 393 Oppose:106

Reconsideration of Article 2.

Defeated.

Article 3. Authorize Award of Design-Build-Operate Contract for Wastewater. To see if the Town will vote as follows

WHEREAS, by its vote under Article 7 of the April 5, 1999 Special Town Meeting, the voters filed home rule legislation to provide the Town of Provincetown with the ability to have its wastewater treatment facility designed, built, and operated by a qualified private contractor accountable to the Town of Provincetown; and

WHEREAS, pursuant to the resulting Chapter 191 of the Acts of 2000, the Town of Provincetown invited and received technical, business, and price proposals from four qualified design-build-operate vendors; and

WHEREAS, the Town Manager and the Board of Selectmen desire to award a contract in time for the selected DBO vendor to prepare and submit final design plans to DEP by its October 15, 2001 deadline for preserving the Town’s eligibility for a 0%-interest loan for wastewater construction under the State Revolving Fund;

THEREFORE, the Town votes, pursuant to section 4 of Chapter 191 of the Acts of 2000, An Act Authorizing A Privatized Wastewater Facility For The Town Of Provincetown, to authorize the Town Manager with the approval of the Board of Selectmen to award a contract to provide design, construction, and operations and maintenance services over a 20-year term for the following proposed new municipal facilities: a wastewater collection system that includes approximately five curb miles of force mains with tie-ins to individual property sites, a pumping station, and related appurtenances; a wastewater treatment system with an initial design treatment capacity of 500,000 gallons per day; subsurface effluent disposal facilities; and building sewer lines, initially to be installed on approximately 425 individual property sites. The Town will own and/or control the facilities and facility sites, and will arrange to provide the selected Vendor with rights of access, easements and such other property rights as may be required to perform the requested services; said contract to be for a term not exceeding 20 years and an option for renewal or extension of operations and maintenance services for one additional term not exceeding five years; or take any other action relative thereto.

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

and the Wastewater Citizens Advisory Committee]

FINANCE COMMITTEE RECOMMENDS: 8-0-0

BOARD OF SELECTMEN RECOMMENDS: 3-1-0

WASTEWATER CITIZENS ADVISORY COMMITTEE RECOMMENDS:8-1-0

BOARD OF HEALTH RECOMMENDS: 5-0-0

CONSERVATION COMMISSION RECOMMENDS:4-0-0

Elizabeth Steele-Jeffers moved that the Town vote to approve Article 3 as printed in the warrant.

Motion Carried.

Article 4. Upgrade Leaching Area E to Create a Recreation Ball Field on Town Land Abutting Route 6 and Town Cemetery. To see if the Town will vote to borrow or transfer from available funds the sum of $40,000 to be expended under the direction of the Director of Public Works and the Recreation Director to upgrade Discharge Area "E," identified on page C17 of the Preliminary Wastewater Facilities Design for the Town of Provincetown prepared by Environmental Partners Group, Inc., a copy of which is on file in the Office of the Town Clerk, including the installation of an irrigation system, for the construction of a Town Recreation Field for youth sports, or to take any other action relative thereto

[Requested by the Recreation Commission, the Town Manager, and the Board of Selectmen]

FINANCE COMMITTEE RECOMMENDS: 6-0-0

BOARD OF SELECTMEN RECOMMENDS: 4-0-0

CONSERVATION COMMISSION RECOMMENDS: 3-1-0

Robert Cahill moved that the Town vote to borrow the sum of $40,000 to be expended under the direction of the Director of Public Works and the Recreation Director to upgrade Discharge Area "E," identified on page C17 of the Preliminary Wastewater Facilities Design for the Town of Provincetown prepared by Environmental Partners Group, Inc., a copy of which is on file in the Office of the Town Clerk, including the installation of an irrigation system, for the construction of a Town Recreation Field for youth sports; 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 7(3A), of the General Laws, or any other enabling authority, and to issue bonds or notes of the Town therefor.

Robert Tosner moved to amend the motion by deleting the words “youth sports”.

Amendment Carried.

Motion as amended Carried. Declared 2/3^rd Vote.

Article 5. Dedicate 40 of 47 Acres for Open Space and Passive Recreation Use. To see if the Town will vote as follows:

WHEREAS, the Town of Provincetown acquired for municipal purposes, pursuant to Article 40 of the March 13, 1967 Annual Town Meeting, the property at 244 Route 6 (Assessors Map 08-1-005), lot area 47.71 acres, Class M Municipal District, from the then-Massachusetts Department of Public Works; and

WHEREAS, as a condition of its approval for the Order of Conditions for closure of the Old Burn Dump, the Conservation Commission is requiring that approximately 40 acres of this property not needed for municipal purposes be preserved as open space and passive recreation;

WHEREAS, the Board of Selectmen declares said residual acreage as surplus and available for disposition as open space and passive recreation;

THEREFORE, the Town votes to transfer care, custody, control, and management of 40 acres of the 47.71 acres of Town-owned land at 244 Route 6, said 40 acres shown as Lot B on a plan of land prepared by Environmental Partners Group, dated March 2, 2001, a copy of which is on file in the office of the Town Clerk, to the Provincetown Conservation Commission for conservation and passive recreation purposes; or to take any other action relative thereto.

[Requested by the Town Manager]

FINANCE COMMITTEE HAS NO RECOMMENDATION

BOARD OF SELECTMEN RECOMMENDS: 3-1-0

CONSERVATION COMMISSION RECOMMENDS:4-0-0

Keith A. Bergman moved that the Town vote to approve Article 5 as printed in the warrant.

Motion Carried. Declared 2/3^rd vote.

Article 6. Home Rule Petition for Affordable Housing Trust Fund. 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 entitled, "An Act Authorizing the Town of Provincetown to Establish an Affordable Housing Trust Fund," to read as follows:

SECTION 1. The town of Provincetown may establish a separate fund to be known as the Affordable Housing Trust Fund for the purpose of creating or preserving affordable housing by: (a) the town of Provincetown or the Provincetown Housing Authority; (b) a housing trust or community development corporation created under the laws of the commonwealth; and/or (c) an applicant for affordable housing program funds to the U.S. Department of Housing and Urban Development, the Massachusetts Department of Housing and Community Development, or the Barnstable County Home Consortium subject to the subsequent approval of funding by said agency. Expenditures from the Affordable Housing Trust Fund shall be authorized by a majority vote of said Housing Authority, in consultation with the Provincetown Housing Partnership. Such expenditures shall be used for the creation, preservation, and support of affordable housing, and for rehabilitation or restoration of such land for affordable housing that is acquired or created by said town, including the reuse of existing buildings or construction of new buildings on previously developed sites, and shall include funds to defray the cost of hiring of an affordable housing specialist by said town.

SECTION 2. The town shall establish said fund as a separate account to be maintained by the treasurer. The following monies shall be deposited into said account: (i) twenty-five percent of the proceeds generated by the sale of any land acquired by the Town of Provincetown through tax title foreclosure, (ii) any gifts made to the Town for the express purpose of the creation, preservation, and/or support of affordable housing. The treasurer may invest the funds in such separate account in the manner authorized by sections fifty-five and fifty-five(a) of chapter forty-four. Any interest earned thereon shall be credited to and become part of such separate account.

SECTION 3. 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 approves amendments to the bill before enactment by the general court. The Board of Selectmen is hereby authorized to approve amendments which shall be within the scope of the general public objectives of this petition; or to take any other action relative thereto.

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

the Provincetown Housing Authority, and the Provincetown Housing Partnership]

FINANCE COMMITTEE RECOMMENDS: 8-0-0

BOARD OF SELECTMEN RECOMMENDS: 3-1-0

HOUSING AUTHORITY RECOMMENDS: 4-0-0

HOUSING PARTNERSHIP RECOMMENDS: 4-0-0

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 entitled, "An Act Authorizing the Town of Provincetown to Establish an Affordable Housing Trust Fund," to read as printed in the warrant.

Motion Carried.

Article 7. Land Bank Proceeds for Affordable Housing Trust Fund. To see if the Town will vote, pursuant to Chapter 43 of the Acts of 2000, to transfer from the Land Bank Fund the sum of $25,394, representing ten percent (10%) of Provincetown's FY 2001 Land Bank proceeds under Section 6 of Chapter 293 of the Acts of 1998, be expended for affordable housing purposes, said sum to be deposited in the Affordable Housing Trust Fund upon enactment of the home rule petition passed by Article 6 of the April 2, 2001 Special Town Meeting; or to take any other action relative thereto.

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

the Provincetown Housing Authority, and the Provincetown Housing Partnership]

FINANCE COMMITTEE RECOMMENDS: 8-0-0

BOARD OF SELECTMEN RECOMMENDS: 3-1-0

HOUSING AUTHORITY RECOMMENDS: 4-0-0

HOUSING PARTNERSHIP RECOMMENDS: 4-0-0

Elizabeth Steele-Jeffers moved that the Town vote to approve Article 7 as printed in the warrant.

Motion Carried.

Article 8. Home Rule Petition/Land Bank Amendment/Affordable Housing and Open Space in the Town of Provincetown. To see if the Town will vote as follows:

WHEREAS, the Town of Provincetown desires to make the Land Bank Act a more perfect fit for our community by addressing affordable housing and open space needs within the limits of the Land Bank's three percent property tax surcharge, and

WHEREAS, in recognition of the affordable housing crisis in this community, the Town of Provincetown seeks further legislative relief to allow more than 10% of our Land Bank funds to be used for affordable housing, and

WHEREAS, the Town desires to better manage-- and not simply acquire-- open space properties, including open space properties not acquired with Land Bank funds;

THEREFORE, the Town votes to instruct its representative in the General Court to file a home rule petition for a special act entitled, "An Act Relative To Affordable Housing And Open Space in The Town of Provincetown," to read as follows:

SECTION 1. Section 1 of chapter 43 of the acts of 2000 which currently reads as follows:

Notwithstanding the provisions of section 5 of chapter 293 of the acts of 1998, the town of Provincetown may expend funds received under the provisions of said chapter 293 for affordable housing purposes. However, funds for purposes of affordable housing shall not exceed 10 per cent of the total funds received under said chapter 293.

is hereby amended to read as follows:

Notwithstanding the provisions of section 5 of chapter 293 of the acts of 1998, the town of Provincetown shall deposit 35% of the total funds received under the provisions of said chapter 293 in the Affordable Housing Trust Fund established pursuant to Chapter __ of the Acts of 2001.

SECTION 2. Notwithstanding the provisions of section 5 of chapter 293 of the acts of 1998, the town of Provincetown may expend funds received under the provisions of said chapter 293 for (1) the maintenance and improvement of property (a) purchased with land bank funds and (b) not purchased with land bank funds but owned by the Town for conservation or open space purposes, and for (2) administrative and operating expenses, including the management of open space and conservation properties. However, funds for the purposes of this section shall not exceed 10 per cent of the total funds received under said chapter 293. Funds used for the purposes of this section shall not replace existing operating funds, only augment them.

SECTION 3. 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 2001 entitled, 'An Act relative to affordable housing and open space in the town of Provincetown', be accepted?" If a majority of the votes cast in answer to said question is in the affirmative, then sections 1 and 2 of this act shall thereupon take effect, but not otherwise.

SECTION 4. Section 3 of this act shall take effect upon its passage.

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

the Provincetown Housing Authority, and the Provincetown Housing Partnership]

FINANCE COMMITTEE RECOMMENDS:8-0-0

BOARD OF SELECTMEN RECOMMENDS:3-1-0

HOUSING AUTHORITY RECOMMENDS:4-0-0

HOUSING PARTNERSHIP RECOMMENDS: 4-0-0

CONSERVATION COMMISSION DOES NOT RECOMMEND:4-0-0

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 entitled, "An Act Relative To Affordable Housing And Open Space in The Town of Provincetown," to read as printed in the warrant.

Motion Carried.

10:53 Adjourned.