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Special Town Meeting |
Meeting Called to Order:
Town Moderator
Mary-Jo Avellar convened the meeting at 6:05 p.m. on Monday, April 3, 2006
in the Town Hall Auditorium. Provincetown Poet Laureate Jason Shinder read a poem entitled “Work”
to open the Town Meeting.
Preliminary Motions:
Cheryl Andrews moved that the Town vote to waive the reading
of the warrant.
Cheryl Andrews moved that the Town vote to grant permission
to speak at the April 3, 2006 Special 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;
Cheryl Andrews moved that on all matters to come before
the April 3, 2006 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 Passed.
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]
BOARD OF SELECTMEN
RECOMMENDS: 5-0-0
FINANCE COMMITTEE
RECOMMENDS: 9-0-0
BOARD OF HEALTH
RECOMMENDS: 4-0-0
CONSERVATION
COMMISSION RECOMMENDS: 5-0-0
WATER & SEWER
BOARD RECOMMENDS: 3-0-0
Cheryl Andrews moved that the Town vote to approve Article 1 as printed in the warrant. Motion Passed. (2/3rd’s Vote Declared)
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]
COMMUNITY PRESERVATION
COMMITTEE RECOMMENDS: 6-0-0
BOARD OF SELECTMEN
RECOMMENDS: 5-0-0
HOUSING
AUTHORITY RECOMMENDS: 4-0-0
FINANCE COMMITTEE
RECOMMENDS WITH AMENDMENT: 9-0-0
Elaine Anderson moved that the Town vote to approve
Article 2 as printed in the warrant provided that the source of funding shall be borrowing
pursuant to G.L. c. 44B.
Robert Vetrick moved to amend Article 2 to require that
the Board of Selectmen assess the site’s remediation liabilities prior to
actually closing on the purchase of said property. Amendment Passed.
Sheila McGuiness moved to amend the motion by adding “and
only in the event of adverse title issue, by eminent domain” after gift in
the first sentence. Amendment Does Not Pass.
Motion As
Amended Passed. For 198 Against 78 (2/3rd’s Vote
Declared)
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]
OPEN SPACE COMMITTEE
RECOMMENDS: 4-0-0
BOARD OF SELECTMEN
RECOMMENDS: 4-0-1
CONSERVATION
COMMISSION RECOMMENDS: 4-1-0
FINANCE COMMITTEE
RECOMMENDS: 7-1-0
Keith Bergman moved that the Town vote to approve Article 3
as printed in the warrant, with the following correcting amendment: the figure
“$150,000” to read “150,500”, as the amount to be raised by grants within
the total borrowing of $340,500 and the limit of borrowing under the Land
Bank of $190,000.
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]
OPEN SPACE COMMITTEE
RECOMMENDS: 4-0-0
BOARD OF SELECTMEN
RECOMMENDS: 4-0-1
FINANCE COMMITTEE
RECOMMENDS: 7-1-0
Keith Bergman moved that the Town vote to approve Article 4
as printed in the warrant.
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]
BOARD OF SELECTMEN
RECOMMENDS: 5-0-0
FINANCE COMMITTEE
RECOMMENDS: 9-0-0
(Disposition of Land – 2/3’s vote required)
Keith Bergman moved that the Town vote to approve Article 5
as printed in the warrant.
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]
BOARD OF SELECTMEN
RECOMMENDS: 5-0-0
FINANCE COMMITTEE
RECOMMENDS: 8-1-0
BOARD OF HEALTH RECOMMENDS: 4-0-0
Cheryl Andrews moved that the Town vote to raise and appropriate
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).
Roslyn Garfield moved to divide the motion into two parts: 1)
to raise and appropriate 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 2)
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 to 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).
Motion Passed.
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]
BOARD OF SELECTMEN
RECOMMENDS $100,000: 5-0-0
FINANCE COMMITTEE
RECOMMENDS $100,000: 9-0-0
BOARD OF HEALTH
RECOMMENDS: 4-0-0
(Borrowing – 2/3’s vote required)
Cheryl Andrews moved that Town vote to
appropriate and borrow the sum of $100,000 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; 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(3A), of the General Laws, or any other
enabling authority, and to issue bonds or notes of the Town therefor.
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]
FINANCE COMMITTEE RECOMMENDS:
9-0-0
(2/3’s
vote required)
Keith Bergman moved that the Town
vote to make the following amendments to the Fiscal Year 2006 operating budgets
established under Article 2 of the April 4,
2005 Annual Town Meeting to reduce use of the property tax levy by $293,000 as
follows:
(1) to reduce the following
available funds and appropriations
|
ATM-01 |
Art5-1 |
Lopes
Square |
3,824 |
|
|
ATM-01 |
Art5-8 |
DPW
Truck Storage |
10,000 |
|
|
ATM-02 |
Art18 |
Survey
Historical Resources |
2,000 |
|
|
ATM-03 |
Art4-8 |
Cemetery
Tractors |
5,608 |
|
|
ATM-03 |
Art5 |
CEM
Feasibility Study |
2,000 |
|
|
ATM-04 |
Art10 |
27th
Payroll |
25,000 |
|
|
ATM-05 |
421-A |
DPW
personal services |
35,000 |
|
|
ATM-05 |
421-B |
DPW
expense |
3,500 |
|
|
ATM-05 |
482-B |
Airport
- expense |
15,000 |
|
|
|
|
Sub-total |
|
$101,932 |
(2) To increase the following
appropriations:
|
ATM-05 |
151-B |
Legal
Expense - expenses |
$52,432 |
|
|
ATM-05 |
182-B |
Historical
Commission |
500 |
|
|
ATM-05 |
192-B |
DPW
Bldgs & Grounds |
36,000 |
|
|
ATM-05 |
422-B |
DPW
Highway Expenses |
13,000 |
|
|
|
|
Sub-total |
|
$101,932 |
(3) to amend the source of funding
for said Article 2, Division II, Finance, so that the vote for said Division II
reads as follows: “to
raise and appropriate the sum of $6,210,123 $5,937,123, transfer
from Sale of Town Property Account the sum of $243,000, and transfer from
the Stabilization Fund the sum of $388,000 $418,000, for a total of $6,598,123 to fund operating
budgets for the several Town departments for Fiscal Year 2006 under budget
Division II, Finance, as requested by the Board of Selectmen”; and
(4) to amend the source of funding
for said Article 2, Division III, Public Safety, so that the vote for said
Division III reads as follows: “to raise and appropriate the sum of $3,071,275 $3,051,275,
and transfer from the Municipal Waterways Fund the sum of $5,300 $25,300,
for a total of $3,076,575, to fund operating budgets for the several Town
departments for Fiscal Year 2006 under budget Division III, Public Safety,
as requested by the Board of Selectmen.
Motion
Passed. (2/3rd’s Vote
Declared)
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]
BOARD OF SELECTMEN
RECOMMENDS: 5-0-0
FINANCE COMMITTEE
RECOMMENDS: 8-1-0
Michele Couture moved that the Town vote to approve Article
9 as printed in the warrant.
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]
PPPC BOARD OF
DIRECTORS RECOMMENDS: 3-0-0
BOARD OF SELECTMEN
RECOMMENDS: 5-0-0
FINANCE COMMITTEE
RECOMMENDS: 9-0-0
Cheryl Andrews moved that the Town vote to approved
Article 10 as printed in the warrant.
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]
BOARD OF ASSESSORS
RECOMMENDS: 4-0-0
BOARD OF SELECTMEN
RECOMMENDS: 5-0-0
FINANCE COMMITTEE
RECOMMENDS: 9-0-0
Gregory Muse moved that the Town 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%. Motion Passed.
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]
BOARD OF SELECTMEN
RECOMMENDS INDEFINITE POSTPONEMENT: 4-1-0
FINANCE COMMITTEE RESERVES RECOMMENDATION
Cheryl Andrews
moved that the Town vote to indefinitely postpone action of Article 12.
Mary-Jo Avellar moved to dissolve Special Town Meeting.
Special Town Meeting dissolved at 9:55 p.m. on Monday, April 3, 2006.