Special Town Meeting

Monday, April 7, 2003 at 6:00 p.m.

Town Moderator Roslyn Garfield convened the meeting at 6:00 p.m. Monday, April 7, 2003.

Sue Buerkel moved to adjourn the Annual Town Meeting until after the Special Town Meeting. Motion Carried

Mary-Jo Avellar paid tribute to the Town Moderator, Roslyn Garfield, by presenting a bronze plaque in her honor to be placed beneath the Moderator's podium in Town Hall Auditorium. The plaque reads:

IN HONOR OF

ROSLYN GARFIELD

“MADAM MODERATOR”

FOR HER SERVICE TO HER COMMUNITY, HER GRACE UNDER PRESSURE AND HER COMMITMENT TO THE TOWN MEETING FORM OF GOVERNMENT

TOWN MODERATOR 1985-2003

DEDICATED BY THE PEOPLE OF PROVINCETOWN - APRIL 2003

PRELIMINARY MOTIONS

(1) Mary-Jo Avellar moved that the Town vote to waive the reading of the warrant. Motion Carried.

(2) Mary-Jo Avellar moved that the Town vote to grant permission to speak at the April 7, 2003 Special Town Meeting to the following persons who are not registered voters of the Town of Provincetown: Dennis Anderson, Cape End Manor CEO; Edward Boxer, PHS Principal; Dennis Clark, Recreation Director;
Patricia Fitzpatrick, Tourism Director; Paul Gabriel, Mark White, and Wayne Perry of Environmental Partners Group, wastewater engineers; Elizabeth Gallerrizo, Licensing Agent; Jon Gilmore, Director of Community Development; John W. Giorgio, Esq., and other attorneys of the firm of Kopelman & Paige, P.C., Town Counsel; William Henchy, Esq., attorney, and Chris King, Chairman of the Board of Directors of PROFISH; Michelle Jarusiewicz, Acting Assistant Town Manager; Bruce T. Miller, Director of Municipal Finance and Town Accountant; Paul O'Shea, Massachusetts Division of Fisheries & Wildlife; Patricia Pajaron, Health Inspector; Jane Raasch, Health Agent; Anthony Teso, Principal, Veterans Memorial Elementary School; Eileen Thomas, Cape End Manor Administrator; Dr. Colette Trailor, Superintendent of Schools. Motion Carried.

(3) Mary-Jo Avellar moved that on all matters to come before the April 7, 2003 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.

WASTEWATER

Article 1. Low Interest Loans for Repair, Replacement, Upgrade of Septic Systems and Sewer Connections. 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, and for the cost of connecting individual properties to the sewer system, 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 127B½ 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; or to take any other action relative thereto.

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

FINANCE COMMITTEE RECOMMENDS: 5-0-0
BOARD OF SELECTMEN RECOMMENDS: 5-0-0
BOARD OF HEALTH RECOMMENDS: 5-0-0
[2/3's vote required for borrowing]

Mary Jo Avellar moved that the Town vote to approve Article 1 as printed in the warrant. Motion Carried (2/3rd vote)

Article 2. Wastewater Phase I Construction– Supplemental Expenses. To see if the Town will vote as follows:

WHEREAS, prior votes of Town Meeting have authorized borrowing $17.5-million for the construction of Phase I of the sewer system, with the costs of said project to be borne by the sewer’s users and not the property taxpayers; and

WHEREAS, the number of properties connecting the sewer system in Phase I has increased from 430 to 490, due in large measure to so-called “red dot delay” properties needing hook up sooner rather than later, with additional expenses which are still expected to produce a unit cost of no more than $33 per gallon per day for final sewer betterments;

THEREFORE, The Town votes to appropriate the sum of $1,957,000 to add to the amounts appropriated under Article 12 of the April 1, 2002 Special Town Meeting and Article 2 of the April 2, 2001 Special Town Meeting, 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, 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; or to take any other action relative thereto.

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

FINANCE COMMITTEE RECOMMENDS: 6-0-0
BOARD OF SELECTMEN RECOMMENDS: 5-0-0
WATER & SEWER BOARD RECOMMENDS: 3-0-0
BOARD OF HEALTH RECOMMENDS: 5-0-0
[2/3's vote required for borrowing under MGL C.44,§7]
Mary-Jo Avellar moved that the Town vote to approve Article 2 as printed in the warrant. Motion Carried (2/3 vote)

Cape End Manor

Article 3. Fund AFSCME Cape End Manor Unit Collective Bargaining Agreement. To see if the Town will vote to raise and appropriate the sum of $94,648 to fund the collective bargaining agreement reached with AFSCME Council 93, Local 1462, Cape End Manor Unit "B" for FY 2003, or to take any other action relative thereto.

[Requested by the Town Manager and the Board of Selectmen]

FINANCE COMMITTEE RECOMMENDS: 6-0-0
BOARD OF SELECTMEN RECOMMENDS: 4-0-0
CAPE END MANOR BOARD OF DIRECTORS RECOMMENDS: 3-0-0

Mary Jo Avellar moved that the Town vote to transfer from Overlay Surplus the sum of $94,648 to fund the collective bargaining agreement reached with AFSCME Council 93, Local 1462, Cape End Manor Unit "B" for FY 2003. Motion Carried

Article 4. Cape End Manor FY 2003 Supplemental Appropriation. To see if the Town will vote to raise and appropriate the sum of $210,678 to increase the 525 Cape End Manor budget for Fiscal Year 2003 established under Article 2 of the April 1, 2002 Annual Town Meeting, or to take any other action relative thereto.

[Requested by the Town Manager and the Board of Selectmen]

FINANCE COMMITTEE RECOMMENDS: 7-0-0
BOARD OF SELECTMEN RECOMMENDS: 4-0-0
CAPE END MANOR BOARD OF DIRECTORS RECOMMENDS: 3-0-0
[2/3rds vote required for use of Stabilization Fund under MGL C.40,§5B.]

Mary-Jo Avellar moved that the Town vote to transfer $10,678 from Overlay Surplus and $200,000 from the Stabilization Fund, for a total of $210,678, to increase the 525 Cape End Manor budget for Fiscal Year 2003 established under Article 2 of the April 1, 2002 Annual Town Meeting. Motion Carried (2/3 rd Vote)

Article 5. Future of Cape End Manor - Options. To see if the Town will vote to raise and appropriate or transfer from available funds the sum of $40,000 to be expended under the direction of the Board of Selectmen and the Cape End Manor Board of Directors to fund study of options for the future of the Cape End Manor nursing home, and to present the results of said study to a special town meeting to be held during the Fall of 2003, or to take any other action relative thereto.

[Requested by the Board of Selectmen and the Town Manager].

FINANCE COMMITTEE RECOMMENDS: 7-0-0
BOARD OF SELECTMEN RECOMMENDS: 4-0-0
CAPE END MANOR BOARD OF DIRECTORS RECOMMENDS: 3-0-0
COUNCIL ON AGING BOARD RECOMMENDS: 4-0-0
BOARD OF HEALTH RECOMMENDS: 2-1-2
LOCAL HOUSING PARTNERSHIP RECOMMENDS: 3-0-0
PLANNING BOARD RECOMMENDS: 3-0-0
LOCAL COMPREHENSIVE PLAN IMPLEMENTATION COMMITTEE RECOMMENDS: 3-0-0

Mary-Jo Avellar moved that the Town vote to transfer from Overlay Surplus the sum of $40,000 to be expended under the direction of the Board of Selectmen and the Cape End Manor Board of Directors to fund study of options for the future of the Cape End Manor nursing home, and to present the results of said study to a special town meeting to be held during the Fall of 2003. Motion C