Special Town
Meeting
Monday, April 3, 2006 at 6:00 p.m.
Commonwealth of Massachusetts
Barnstable, ss.
To either of the Constables of
the Town of Provincetown, Greetings:
In
the name of the Commonwealth of Massachusetts and in the manner prescribed in
the Charter and By-laws of said Town, you are hereby directed to notify the
inhabitants of the Town qualified by law to vote in Town affairs to meet and
assemble at Provincetown Town Hall
on Monday, the Third day of April, A.D.
2006 at 6:00 o'clock in the evening, then and there to act on the following
articles, to wit:
Article 1. Wastewater Optimization and Expansion -
Borrowing Authorization. To see
if the Town will vote to appropriate
and borrow the sum of $1,500,000, to
be expended under the direction of the Town Manager and the Board of
Selectmen for the development of plans and specifications for optimization and
expansion to the Town’s sewerage systems, and for capital modifications and
repairs to Phase I of the sewer system, 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 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
Board of Selectmen and the Town Manager]
Article 2.
Community Preservation: Acquisition of 90
Shankpainter Road for Community Housing Purposes. To see if the Town
will vote to authorize the Board of Selectmen to acquire by purchase, gift or
eminent domain for community housing purposes, pursuant to the Community
Preservation Program, the fee interest in a certain parcel of real estate at 90
Shankpainter Road owned by the V.S.H. Realty, Inc., the Cumberland Farms
property so-called, containing 2.53-acres, more or less, shown as Lot 2 on a
plan titled “Plan of Land Located in the Town of Provincetown, Massachusetts,
Shown Being a Division of Property in Plan Book 248, Plan 41,” dated April 2,
2004 and prepared by Coastal Engineering Co., a copy of which is on file in the
Office of the Town Clerk, together with and subject to all rights, restrictions
and easements of record, on such terms and conditions as the Selectmen may
determine, and also for the purpose of conveyance for community housing
purposes, subject to affordable housing restriction(s) or community housing
restriction(s) in a form enforceable in perpetuity or for the longest period
permitted by law, and subject to local preference for occupancy of such
community housing units to be required in accordance with the Board of
Selectmen’s policy adopted September 8, 2003, as it may be amended; and that
the Board of Selectmen is authorized to convey said parcel on such terms and
conditions and for such consideration, which may be nominal consideration, as
the Selectmen may determine in consultation with the Community Preservation
Committee, subject to affordable housing restriction(s) or community housing
restriction(s) in a form enforceable in perpetuity or for the longest period
permitted by law, with local preference for occupancy of such community housing
units to be required in accordance with the Board of Selectmen’s policy adopted
September 8, 2003, as it may be amended, and that the affordable housing
restriction(s) be accepted by the Town of Provincetown acting by and through
its Board of Selectmen under the provisions of G.L. Chapter 184, §§31-32 and
that the community housing restriction(s) be accepted by the Town of
Provincetown acting by and through its Board of Selectmen under the provisions
of G.L. Chapter 40, §14; and further that the Board of Selectmen is authorized
to apply for and accept gifts and grants for the purpose of this acquisition in
order to reduce the amount needing to be borrowed under this article, and that
the Board of Selectmen is authorized to enter into all agreements and execute
any and all instruments as may be necessary on behalf of the Town to effect
said purchase and apply for and accept such gifts and grants, and as funding
therefor to appropriate by transfer from the Community Preservation Fund and/or
borrow the sum of $1,000,000 pursuant to G.L. c. 44B or any other general or
special law for said purchase, and to authorize the Treasurer, with the
approval of the Board of Selectmen to borrow a sum of money in the amount of
$1,000,000 pursuant to said Chapter 44B and pursuant to G.L. Chapter 44 Section
7 (3) or any other enabling authority, for the cost of said acquisition, and
for costs incidental and related thereto, net of any gifts or grants that are
received, and to issue bonds or notes therefor; or take any other action
relative thereto
[Requested by the Community Preservation Committee]
Article 3. Land Bank - Open Space
Acquisition –74 Harry Kemp Way. To
see if the Town will vote to authorize the Board of Selectmen to acquire by
purchase, gift or eminent domain the fee interest in a certain parcel of real
estate located at 74 Harry Kemp Way, owned by the Provincetown Theater Foundation,
containing 2.0-acres, more or less, and described in a deed recorded with the
Barnstable County Registry of Deeds in Book 19122, Page 159, on such terms and
conditions as the Selectmen may determine; and to appropriate and borrow the
sum of $340,500 for such acquisition and all expenses incidental and related
thereto, pursuant to Chapter 293 of the Acts of 1998 entitled, "An Act
Relative to the Establishment of the Cape Cod Open Space Land Acquisition
Program" (the so-called "Land Bank"), or any other enabling
authority; and to issue bonds or notes of the Town therefor; provided that said
land is to be conveyed to the Town of Provincetown under the provisions of
Massachusetts General Laws, Chapter 40, Section 8C, and as it may be hereafter
amended, and other Massachusetts statutes relating to conservation and passive
recreation, to be under the care, custody and control of the Provincetown
Conservation Commission; and, to the extent that any federal, state or other
funds are or become available for the purposes outlined in this Article, to
authorize the Board of Selectmen or other applicable boards or commissions to
apply for and accept such funds; and
further provided that the Board of Selectmen does not expend more than $190,000
out of this appropriation unless the Board of Selectmen has received a written
commitment from the Massachusetts Division of Conservation Services or other
state or federal agency, non-profit foundations or other source of gifts or
grants that at least $150,000 of such $340,500 shall be reimbursed to the Town;
and further provided that the Board of Selectmen and the Conservation
Commission be authorized to enter into all agreements and execute any and all
instruments as may be necessary on behalf of the Town of Provincetown to effect
said acquisition and grants; and further, to authorize the Board of
Selectmen and the Conservation Commission to convey to the Trustees of the
Provincetown Conservation Trust, for no consideration, a perpetual conservation
restriction on said land as authorized by Massachusetts General Laws, Chapter
184, Sections 31-33, allowing conservation and passive recreation uses
described in Massachusetts General Laws, Chapter 40, Section 8C; or take any
other action relative thereto.
[Requested by the Open Space Committee and the Town Manager]
Article 4.
Land Bank Pre-acquisition Expenses. To
see if the Town will vote to transfer from the Land Bank Fund established under
Chapter 293 of the Acts of 1998 the sum of $30,000 to be expended under the
direction of the Open Space Committee and the Town Manager for the funding of
pre-acquisition expenses for potential Land Bank purchases, including but not
limited to title searches and appraisals, updating of the Open Space Plan to
qualify said purchases for state grants, and other costs associated therewith;
or take any other action relative thereto.
[Requested by the Open Space Committee and the Town Manager]
Article 5. Perfecting Land Transfers. To see if the Town will authorize the Board of Selectmen to acquire by eminent domain, for general municipal purposes, including confirmation of the Town’s title thereto, and for the purpose of conveyance, the parcel of land shown as “Parcel 4 Area = 1,975+ Sq.Ft.” on a plan of land entitled “Plan of Land in Provincetown as Surveyed for the Town of Provincetown,” dated November, 2005, revised through December 1, 2005, prepared by William N. Rogers Professional Civil Engineers & Land Surveyors, on file with the Town Clerk, said conveyance being previously authorized by the vote under Article 2 of the November 7, 2005 Special Town Meeting; and further, to see if the Town will authorize the Board of Selectmen to acquire by eminent domain, for general municipal purposes, including confirmation of the Town’s title thereto, and for the purpose of conveyance, a portion of the parcel of land identified on Assessors Map as 07-4-070, which portion is shown on the sketch plan on file with the Town Clerk, said conveyance being previously authorized by the vote under Article 1 of the October 25, 2004 Special Town Meeting; and further, to see if the Town will authorize the Board of Selectmen to acquire by gift, purchase or eminent domain, for general municipal purposes, and for the purpose of conveyance, a portion of parcel of land known as the St. Peter’s Cemetery, which portion is shown as “Parcel 1 Area = 53,976 Sq.Ft. 1.239+ Acres” on a plan of land entitled “Plan of Land in Provincetown as Surveyed for Town of Provincetown ‘Cape End Manor’,” dated September, 2005, prepared by William N. Rogers, Professional Civil Engineers & Land Surveyors, on file with the Town Clerk, said acquisition being previously authorized by the vote under Article 1 of the October 25, 2004 Special Town Meeting
or to take any other action relative
thereto.
[Requested by the Town
Manager]
Article 6. Cape End Manor FY 2006 Supplemental
Appropriation. To see if the Town will vote to raise and
appropriate or transfer from available funds the sum of $200,000 to fund the
operating budget for the Cape End Manor Nursing Home for the fiscal year
beginning July first, two thousand and five, and further to raise and
appropriate the supplemental amount of $350,000 for the operating budget of the
Cape End Manor Nursing Home for said Fiscal Year for a total appropriation of
$550,000, provided that the appropriation of the supplemental amount of
$350,000 shall be contingent on the passage of a Proposition 2 and ½ override
by the voters of the Town in accordance with General Laws c. 59, sec. 21C(m);
or to take any other action relative thereto.
[Requested by the Board of Selectmen and the
Town Manager]
Article 7. Cape End Manor Building Repair Costs. To see if the Town will vote to appropriate and
borrow the sum of $200,000 to be expended under the direction of the Town
Manager for repairs to the Cape End Manor building which is to be leased by the
Board of Selectmen to the New England Deaconess Association through the end of Phase I construction of the Seashore
Point facility, and costs related thereto; or to take any other action
relative thereto.
[Requested by the Board
of Selectmen and the Town Manager]
Article 8. FY 2006 Budget Adjustments. To see
what amendments the Town will vote to make to the Fiscal Year 2006 operating
budgets and enterprise funds established
under Articles 2 and 3 of the April 4, 2005 Annual Town Meeting and what sums
the Town will vote to raise and appropriate or transfer from available funds
therefor; or to take any other
action relative thereto.
[Requested by the Board of Selectmen and the Town Manager]
Article 9. Increase Length of Borrowing from 10 to 20
years for SBA-Reimbursable School Building Improvements. To
see if the Town will vote to amend its vote under Article 7 of the April 1,
2001 Special Town Meeting by increasing the length of borrowing authorized
thereunder from 10 to 20 years, so that said article reads as follows: “voted
to appropriate and borrow the sum of
$7,000,000, to be expended under the direction of the School Building
Committee, which has been appointed by the School Committee, for the purpose of
providing rehabilitated and renovated facilities for the Provincetown Public
Schools, including Provincetown High School on Winslow Street and Veteran’s
Memorial Elementary School on Mayflower Lane, and including, but not limited
to, design services, construction bids, and reconstruction, rehabilitation,
remodeling, and renovation of such facilities and for other expenses related
thereto and, that to raise said appropriation the Treasurer, with the approval
of the Board of Selectmen, is hereby authorized to issue bonds and/or notes of
the Town therefore, pursuant to Chapter 44 of the General Laws or any other
enabling authority for a period of ten twenty years; and to the
extent that any State, Federal or other funds are or become available for the
purposes set forth above, to authorize the School Building Committee, the
School Committee, and the Superintendent of Schools to apply for and accept
such funds; and provided further that, within compliance of the minimum school
spending requirements of M.G.L. Chapter 70, half of the local debt service cost
shall be paid from the school department through one or more of the following
ways: (1) operating budget for said ten twenty -year period; (2)
the sale or lease of the annex; or (3) other options that may arise, provided,
however, that any bonds or notes issued hereunder are general obligations of
the Town;” or to take any other action relative thereto.
[Requested by the Board
of Selectmen and the Town Manager]
Article 10. Insurance Proceeds: Harbormaster’s Boat Repairs. To see if the Town will vote to appropriate from
the insurance proceeds reserve the sum of $45,665 to be expended under the
direction of the Town Manager and the Provincetown Public Pier Corporation for
repairs to the harbormaster’s patrol boat, or to take any other action
relative thereto.
[Requested by the
Provincetown Public Pier Corporation and the Town Manager]
Article 11. Cost of living increase adjustment to 17D
Surviving Spouse, Minor Child, or Elderly Person exemption for Fiscal Year 2006. To see if the Town will vote to add an
annual, cumulative cost-of-living increase to exemptions granted under M.G.L.
c. 59, §5, Clause 17D, Surviving Spouse, Minor Child, or Elderly Persons for
fiscal year 2006 cost-of-living increase by 2.8%, or to take any other action
thereto.
[Requested by the Board
of Assessors]
Article 12. Fireworks. To
see if the Town will vote to transfer from the unexpended balance in Article
30, Item 4 of the April 7, 2003 Annual Town Meeting, Historic Walking Trail,
the sum of $32,100 to be expended under the direction of the Town
Manager, the Chief of Police, and the Director of Public Works for a fireworks
celebration; and costs associated therewith, or to take any other action
relative thereto.
[Requested by the Board of Selectmen]
And you are directed to serve this
Warrant by placing an advertisement in a newspaper of local circulation and
posting up attested copies thereof at the Provincetown Town Hall, Provincetown
Public Library, Grace Gouveia Town Office Building, Provincetown Community
Center, Cape End Manor Nursing Home, Provincetown Police Station, Grand Union
Supermarket, U.S. Post Office, Provincetown Gym, Mussel Beach Gym, and Michael
Shay's Restaurant in said Town at least fourteen days before the time of
holding said meeting.
THEREFORE FAIL NOT and make due return of
this Warrant with your doings thereon, to the Town Clerk at the time and place
of meeting as aforesaid.
BOARD OF SELECTMEN
TOWN OF PROVINCETOWN
Dr. Cheryl L.Andrews, Chairman
Sarah K. Peake, Vice Chairman
Michele Couture
Richard B. Olson
David M. Nicolau
A TRUE COPY, ATTEST:
Douglas Johnstone
Town Clerk
Date of Posting: March 9,
2006