April 3, 2006 Annual Town Meeting

Annual Town Meeting

Monday, April 3, 2006 at 6:00 p.m.

Town Moderator Mary-Jo Avellar convened Town Meeting at 6:00 p.m. on April 3, 2006 in the Town Hall Auditorium and moved to hold the Special Town Meeting first.

Motion Passed.

Town Moderator Mary-Jo Avellar convened the Annual Town Meeting at 6:00 p.m. on April 4, 2006.

Preliminary Motions:

Cheryl Andrews moved that the Town vote to waive the reading of the warrant. Motion Passed.

Cheryl Andrews moved that the Town vote to grant permission to speak at the April 3, 2006 Annual Town Meeting to the following persons who are not registered voters of the Town of Provincetown: Dennis Anderson, Cape End Manor Care Campus project coordinator; Edward Boxer, PHS Principal; Ellen Burbank, Executive Director, Pilgrim Monument and Provincetown Museum; Dennis Clark, Recreation Director; Jane Evans, Health Agent; Elizabeth Hartsgrove, Licensing Agent; Alexandra Heilala, Town Accountant; John W. Giorgio, Esq., and other attorneys of the firm of Kopelman & Paige, P.C., Town Counsel; Beau Jackett, Information Systems Director; Michelle Jarusiewicz, Acting Assistant Town Manager; Janice Lachowetz, Superintendent of Schools; Maxine Notaro, Permit Coordinator; Anthony Teso, Principal, Veterans Memorial Elementary School and Director of Student Services; Provincetown High School student representatives Lee Ambroseno and David Anderson; and School committee student representative Jasmine Hadley. Motion Passed.

Cheryl Andrews moved that on all matters to come before the April 3, 2006 Annual 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 Passed.

Article 1. To Hear Town Reports. To see if the Town will vote to hear the reports of the Town Officials and Committees and to act thereon.

[Requested by the Board of Selectmen]

Cheryl Andrews moved that the Town vote to hear the reports of the Town Officials and Committees and to act thereon. Motion Passed.

Article 2. FY 2007 Municipal Operating Budget. To see to if the Town will vote to raise and appropriate or transfer from available funds the sum of $13,654,421 to fund operating budgets for the several Town departments for Fiscal Year 2007 in accordance with Chapter 9, section 1 of the Provincetown Charter, as follows:

Division	FY 2006	FY 2007	06-07 %
I. General Government	$1,075,452	$1,112,225	3.4%
II. Finance	6,600,805	6,543,349	-0.9%
III. Public Safety	3,102,463	3,157,186	1.8%
IV. Public Works	2,097,817	2,097,620	0.0%
V. Public Services	3,456,649	744,041	-78.5%
Total Divisions I-V	$16,333,187	$13,654,421	-16.4%

or to take any other action relative thereto.

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

Article 2. FY 2007 Municipal Operating Budget.

Division I. General Government.

BOARD OF SELECTMEN RECOMMENDS

FINANCE COMMITTEE RECOMMENDS

Cheryl Andrews moved that the Town vote to raise and appropriate the sum of $729,904, and transfer from the Land Bank fund the sum of $371,505, for a total of $1,101,409, to fund operating budgets for the several Town departments for Fiscal Year 2007 under budget Division I, General Government, as requested by the Board of Selectmen.

Peter Grosso moved to include Article 4 out of order and place it as Division VI of Article 2 as it has been traditionally and that the school budget considered with the other department budgets rather than as a separate issue. Motion Passed. Philip Gaudiano moved to amend the motion by reducing the budget of Personal Services $10,000 representing a 10% reduction in the salary of the Town Manager account 123. Amendment Withdrawn. William Dougal moved to postpone to a time certain Article 2 until 8:15 p.m. tonight, April 4, 2006. Stephen Melamed moved to amend the motion to postpone to a time certain to change time to reconvene to 8:15 p.m. tomorrow night, April 5, 2006. Mr. Melamed’s Motion to Amend Does Not Pass. Mr. Dougal’s Motion Does Not Pass.Carol Moss moved to amend Section I General Government section 123 Town Manager expenses be reduced to Fiscal Year 2005 level: a total of $3,938.00. Motion Does Not Pass.

Dr. Andrews' Motion Passed.

Article 2. FY 2007 Municipal Operating Budget.

Division II. Finance

BOARD OF SELECTMEN RECOMMENDS: 5-0-0

FINANCE COMMITTEE RECOMMENDS

Cheryl Andrews moved that the Town vote to raise and appropriate the sum of $6,543,349 to fund operating budgets for the several Town departments for Fiscal Year 2007 under budget Division II, Finance, as requested by the Board of Selectmen.

Motion Passed.

Article 2. FY 2007 Municipal Operating Budget.

Division III. Public Safety

BOARD OF SELECTMEN RECOMMENDS $3,157,186

FINANCE COMMITTEE RECOMMENDS $3,115,637

Cheryl Andrews moved that the Town vote to raise and appropriate the sum of $3,157,186, to fund operating budgets for the several Town departments for Fiscal Year 2007 under budget Division III, Public Safety, as requested by the Board of Selectmen. Ruth Gilbert moved to amend the 210 Police Personal Services line from $1,526,808 to $1,485,259. Amendment Does Not Pass. Motion Passed.

Article 2. FY 2007 Municipal Operating Budget.

Division IV. Public Works

BOARD OF SELECTMEN RECOMMENDS: 5-0-0

FINANCE COMMITTEE RECOMMENDS

Cheryl Andrews moved that the Town vote to raise and appropriate the sum of $2,097,620 to fund operating budgets for the several Town departments for Fiscal Year 2007 under budget Division IV, Public Works, as requested by the Board of Selectmen. Motion Passed.

Article 2. FY 2007 Municipal Operating Budget.

Division V. Public Services

BOARD OF SELECTMEN RECOMMENDS: 5-0-0

FINANCE COMMITTEE RECOMMENDS

Cheryl Andrews moved the Town vote to raise and appropriate the sum of $744,041 to fund operating budgets for the several Town departments for Fiscal Year 2007 under budget Division V, Public Services, as requested by the Board of Selectmen. Motion Passed.

Article 2. FY 2007

Division VI. Provincetown Public Schools Operating Budget. (Originally appeared as Article 4 in the warrant but was moved to take out of order and place as Article 2, division VI.)

To see if the Town will vote to raise and appropriate the sum of $4,152,958.43 to fund the Provincetown Public School System Budget for Fiscal Year 2007; or take any other action relative thereto.

[Requested by the School Committee]

SCHOOL COMMITTEE RECOMMENDS: 5-0-0

FINANCE COMMITTEE RECOMMENDS: 6-0-0

BOARD OF SELECTMEN RECOMMENDS: 5-0-0

Terese Nelson moved that the Town vote to raise and appropriate the sum of $4,152,958.43 to fund the Provincetown Public School System Budget for Fiscal Year 2007. Motion Passed.

Article 3. School Committee’s Request for Another Audit of Town Finances. To see if the Town will vote to have an independent audit done of the Town’s finances over the last five years. Said audit to be done independently from the auditing firm now contracted by the Town.

[Requested by the School Committee]

FINANCE COMMITTEE DOES NOT RECOMMEND: 6-0-0

BOARD OF SELECTMEN DOES NOT RECOMMEND: 5-0-0

Debra Trovato moved that the Town vote to indefinitely postpone action on Article 3. Motion Passed.

Article 4. FY 2007 Provincetown Public Schools Operating Budget. (Moved to Article 2, division VI.)

Article 5. FY 2007 Cape Cod Regional Technical High School Assessment.

To see to if the Town will vote raise and appropriate the sum of $140,935 or any other sum for its assessment for Cape Cod Technical Regional High School for FY 2007; and further to vote to accept the provisions of MGL C.71,§16B, which would reallocate the sum of the member towns’ contribution to the Cape Cod Regional Technical High School District in accordance with the Regional Agreement rather than the Education Reform Formula, so-called, or to take any other action relative thereto.

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

BOARD OF SELECTMEN RECOMMENDS: 5-0-0

FINANCE COMMITTEE RECOMMENDS: 6-0-0

Keith Bergman moved that the Town vote to raise and appropriate the sum of $140,935 for its assessment for Cape Cod Technical Regional High School for FY 2007; and further to vote to accept the provisions of MGL C.71,§16B, which would reallocate the sum of the member towns’ contribution to the Cape Cod Regional Technical High School District in accordance with the Regional Agreement rather than the Education Reform Formula, so-called. Motion Passed.

Article 6. FY 2007 Enterprise Funds.

To see to if the Town will vote to raise and appropriate or transfer from available funds the following amounts for enterprise funds of the Town of Provincetown for Fiscal Year 2007:

440 Wastewater Enterprise Fund	FY 2006	FY 2007	06-07 %
Enterprise Fund Costs	$1,947,521	$1,858,044
General Fund Costs	285,600	285,600
TOTAL COSTS	$2,233,121	$2,143,644	-4.01%
450 Water Enterprise Fund
Enterprise Fund Costs	$1,836,749	$1,827,567
General Fund Costs	285,600	285,600
TOTAL COSTS	$2,122,349	$2,113,167	-0.43%

or to take any other action relative thereto.

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

Article 6. FY 2007 Enterprise Funds.
1. 440 Wastewater Enterprise Fund.

BOARD OF SELECTMEN RECOMMENDS: 5-0-0

FINANCE COMMITTEE RECOMMENDS: 6-0-0

Sarah Peake moved that the Town vote that $2,143,644 be appropriated to operate the Wastewater Enterprise Fund, $1,858,044 to come from Wastewater Enterprise Fund revenues and fund balance, and further, $285,600 to be appropriated in the general fund and funded from Wastewater Enterprise revenues. Motion Passed.

Article 6. FY 2007 Enterprise Funds.
2. 450 Water Enterprise Fund.

BOARD OF SELECTMEN RECOMMENDS: 5-0-0

FINANCE COMMITTEE RECOMMENDS: 6-0-0

Sarah Peake moved that the Town vote that $2,113,167 be appropriated to operate the Water Enterprise Fund, for $1,827,567 to come from Water Enterprise Fund revenues and fund balance, and further, $285,600 to be appropriated in the general fund and funded from Water Enterprise revenues. Motion Passed.

10:05 p.m. Mary-Jo Avellar moved to adjourn until tomorrow, Wednesday, April 5, 2006 at 6:00 p.m. Motion Passed.

Town Moderator Mary-Jo Avellar called the meeting to order at 6:00 p.m. on Wednesday, April 5, 2006.

Article 7.      FY 2007 Capital Improvements Program. To see if the Town will vote to raise and appropriate, borrow, or transfer from available funds the following sums to defray the costs of the Fiscal Year 2007 Capital Improvements Program submitted in accordance with Chapter 9, section 2 of the Provincetown Charter as follows:

1.      Replace Fire Rescue Vehicle 199: $170,000 to be expended under the direction of the Town Manager and the Board of Fire Engineers for the replacement of Fire Rescue Vehicle 199, and costs related thereto;

2.      Police Fleet Replacement Program: $47,332 to be expended under the direction of the Town Manager and the Chief of Police for two police cruisers, and costs related thereto;

3.      Parking Program: $35,200 to be expended under the direction of the Town Manager and the Chief of Police for a parking department vehicle and parking lot fee computers, and costs related thereto;

4.      Stormwater master plan Improvements: $150,000 to be expended under the direction of the Town Manager and the Director of Public Works for stormwater master plan improvements, and costs related thereto;

5.      DPW Road Reconstruction Phase I: $400,000 to be expended under the direction of the Town Manager and the Director of Public Works for reconstruction of roadways, and costs related thereto;

6.      DEP Water Management Permit/New Source Development: $500,000 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;

or to take any other action relative thereto.

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

Article 7. FY 2007 Capital Improvements Program.

1. Replace Additional Fire Rescue Vehicle 199:

BOARD OF SELECTMEN RECOMMENDS: 5-0-0

FINANCE COMMITTEE RECOMMENDS: 6-0-0

(Borrowing – 2/3’s vote required)

David Nicolau moved that the Town vote to appropriate and borrow the sum of $170,000 to be expended under the direction of the Town Manager and the Board of Fire Engineers for an additional Fire Rescue Vehicle 199, and costs related thereto; and that to meet this appropriation, the Treasurer, with the approval of the Board of Selectmen, is authorized to borrow said sum under and pursuant to Chapter 44, Section 7(9), of the General Laws, or pursuant to any other enabling authority, and to issue bonds or notes of the Town therefor. Motion Passed. (2/3^rd’s Vote Declared)

Article 7. FY 2007 Capital Improvements Program.

2. Police Fleet Replacement Program:

BOARD OF SELECTMEN RECOMMENDS $47,332: 4-1-0

FINANCE COMMITTEE RECOMMENDS $23,666: 7-0-0

(Borrowing – 2/3’s vote required)

Cheryl Andrews moved that the Town vote to appropriate and borrow the sum of $47,332 to be expended under the direction of the Town Manager and the Chief of Police for two police cruisers, and costs 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 7(9), of the General Laws, or any other enabling authority, and to issue bonds or notes of the Town therefor. Motion Does Not Pass.

Susan Buerkel moved to amend the amount in Article 7, Item 2 to $23,666 for one police cruiser. Amendment Passed. (2/3^rd’s Vote Declared)

Article 7. FY 2007 Capital Improvements Program.

3. Parking Program:

BOARD OF SELECTMEN RECOMMENDS $25,200: 5-0-0

FINANCE COMMITTEE RECOMMENDS $25,200: 7-0-0

(Borrowing – 2/3’s vote required)

Cheryl Andrews moved that the Town vote to appropriate and borrow the sum of $25,200 to be expended under the direction of the Town Manager and the Chief of Police for parking lot fee computers, and costs 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 7(9), of the General Laws, or any other enabling authority, and to issue bonds or notes of the Town therefor. Motion Passed. (2/3^rd’s Vote Declared)

Article 7. FY 2007 Capital Improvements Program.

4. Stormwater master plan Improvements:

BOARD OF SELECTMEN RECOMMENDS: 5-0-0

FINANCE COMMITTEE RECOMMENDS: 7-0-0

(Borrowing – 2/3’s vote required)

Sarah Peake moved that the Town vote to appropriate and borrow the sum of $150,000 to be expended under the direction of the Town Manager and the Director of Public Works for stormwater master plan improvements, and costs related thereto;