4-3-5. Petitioner to Speak First. The petitioner moving an article shall be allowed to make his/her presentation on said article prior to Town Meeting hearing the contrary recommendation of the Finance Committee.

or to take any other action relative thereto.

Elizabeth Steele-Jeffers moved that the Town vote to amend the Provincetown General By-laws, Article 4-3, Speeches at town meeting, by adding a new section 4-3-5, as follows: "4-3-5. Petitioner to Speak First. The petitioner moving an article shall be allowed to make his/her presentation on said article prior to Town Meeting hearing the recommendation of the Finance Committee."

SECTION 1. It is hereby found that there exists within the Town of Provincetown an underutilized marine and marine-related facility named MacMillan Pier that is owned by the Town of Provincetown and, due to age and other factors, has become obsolete, decadent, substandard and blighted; and that such pier constitutes a serious and growing menace, injurious and inimical to the safety, health, morals, and welfare of the residents of the Town; that MacMillan Pier constitutes an economic liability, substantially impairs or arrests the sound growth of the Town and retards its economic well being; that the pier both decreases the value of private investments and threatens the sources of public revenue; that redevelopment of such property in accordance with the Provincetown Harbor Plan will eliminate substandard conditions and prevent their recurrence and is necessary to retain existing industries, businesses and residents and to attract new industries, businesses and residents, and to promote the sound economic growth of the Town.

It is hereby found that the menace of such obsolete, decadent, substandard or blighted property is beyond remedy and control solely by the regulatory process in the exercise of police power or direct management by the Town of Provincetown, and cannot be dealt with effectively by the operations of private enterprise, without the aid provided herein; that the lease of MacMillan Pier by the Town of Provincetown to a public corporation to be called the Provincetown Public Pier Corporation for the purpose of bringing sound and market-based management practices to MacMillan Pier operations, eliminating decadent, substandard, or blighted open conditions therein, preventing recurrence of such conditions in the area, and permitting the removal or addition of structures and improvements of sites for marine and marine related uses.

It is hereby found that a public corporation is necessary to ensure that the public purposes that need to be accommodated at MacMillan Pier, and any other properties that might be acquired by the corporation, are preserved. These public purposes, which are described in the Provincetown Harbor Plan, include, commercial fishing, transportation, and other marine and marine-related uses.

It is further found that the exercise of powers by the corporation and any assistance which may be given by the Town, or any other public body in connection therewith, are public uses and purposes for which public money may be expended. Therefore, it is the purpose of the Corporation created by this act to aid private enterprises, the Town of Provincetown, and other public agencies in the speedy and orderly redevelopment of certain marine and marine-related property within the Town to stimulate economic development.

SECTION 2. As used in this Act the following words shall, unless a different meaning clearly appears from the context, have the following meanings:

"Board of Selectmen", the duly elected Board of Selectmen of the Town of Provincetown.

"Corporation", the Provincetown Public Pier Corporation established by Section 3 of this Act.

"Costs of a Project", all costs, whether incurred prior to or after the issue of bonds or notes hereunder, of site development, improvement, enlargement, reconstruction, alteration, machinery, equipment, furnishings, demolition or removal of existing structures, financing charges, interest prior to and during the carrying out of the project, interest for up to two years after completion of the project, planning, engineering, and legal services, administrative expenses, the funding of notes issued for capital purposes, such reserve for debt service or other capital or current expenses as may be required by a trust agreement or resolution securing notes or bonds, and all other expenses incidental to the determination of the feasibility of the project to carrying out or placing the project in operation.

"Harbor Plan", The Provincetown Harbor Plan published pursuant to 301 CMR 23.00, by the Provincetown Harbor Planning Committee, approved by the Secretary of Environmental Affairs on (ADD DATE), and updated from time to time by the Provincetown Harbor Committee.

"Two-Thirds vote", a vote of at least two-thirds of the voters of the Town of Provincetown present and voting at a town meeting duly called.

"Marine and marine-related economic development project", (1) a project to be undertaken in accordance with the Harbor Plan for acquisition or leasing by the corporation of land and improvements thereon, and the development of the property so acquired; or (2) a project to be undertaken in accordance with the Harbor Plan for the Rehabilitation or conservation of property, or for the demolition, removal, rehabilitation or addition of improvements whenever necessary to eliminate unhealthful, unsanitary or unsafe conditions, mitigate or eliminate traffic congestion, or eliminate obsolete or other uses detrimental to the public welfare; or (3) a project involving a combination of the foregoing types of projects.

"Marine and marine-related economic development project plan", a detailed plan, as it shall be approved from time to time by the Board of Directors of the Corporation after a public hearing for one or more marine and marine-related economic development projects, which plan shall at a minimum indicate the boundaries of the project, a concept design and proposed uses, and an economic feasibility study. The plan as adopted will, for the purposes of chapter thirty B of the general laws be considered the plan required by clause (25) of subsection (b) of section one of said chapter thirty B.

"Town", the Town known as the Town of Provincetown.

"Town Manager", the person holding the office of Town Manager under chapter 7 of the Charter of the Town of Provincetown.

SECTION 3. (a) There is hereby created a body politic and corporate of the Commonwealth to be known as the Provincetown Public Pier Corporation. The Corporation is deemed to be a public instrumentality separate from the Town, and is not an authority, board or committee of the Town. The Corporation is empowered to carry out the provisions of this Act, and the exercise by the Corporation of the powers conferred by this Act are deemed and held to be the performance of essential public functions.

(b) Notwithstanding any other general or special law to the contrary, the Town, acting through the Board of Selectmen, is hereby authorized to lease MacMillan Pier to the Corporation, upon such terms and conditions as the Board of Selectmen shall determine. Subject to the applicable provisions of chapter forty of the general laws, the Town may authorize the Board of Selectmen to lease or sell other Town-owned property to the Corporation; the terms and conditions of any such lease or sale shall be determined by the Board of Selectmen. Said lease shall provide that the Corporation may not encumber MacMillan Pier, or the Corporation’s leasehold interest therein without approval of the Board of Selectmen.

(c) The Corporation may acquire, through lease, sale or any other means the property known as Fisherman’s Pier subject to a two-thirds vote.

(d) The Town shall not incur any financial obligation as a result of any action by the Corporation, absent a two-thirds vote.

(e) For the purposes of section eleven A of chapter thirty A (the open meeting law) and chapter thirty B of the general laws (the public procurement law), the Corporation shall be deemed to be a governmental body. The Corporation shall not be subject to section sixteen of chapter thirty B. For the purposes of chapter four section seven clause twenty-six of the general laws, and chapter sixty-six of the general laws (the public records laws), the records of the Corporation shall be deemed to be public records. Chapter thirty-one (civil service) of the general laws shall not apply to any person employed or engaged by the Corporation under this Act. For the purposes of chapter two hundred and sixty-eight A (the conflict of interest law) of the general laws, the Corporation shall be considered a municipal agency. The members of the Board of Directors and employees of the Corporation, together with any person who performs professional services for the Corporation on a part-time, intermittent, or consultant basis, such as those of an architect, attorney, engineer, planner, or construction, financial, or real estate expert, are hereby deemed to be special municipal employees.

(f) The Corporation shall be subject to all local by-laws and regulations of the Town, including the Zoning By-Law and by-laws concerning the protection of foreshores and wetlands in the Town.

(g) Notwithstanding the provisions of any general or special law to the contrary, the Corporation may enter into a lease of its property, whereby said lease may provide that the design, development, construction and operation of buildings and facilities be exempt from the provisions of sections thirty-eight A and one-half to thirty-eight O, of Chapter 7 (the designer selection law), sections forty-four A through M of chapter one hundred and forty-nine (the filed sub-bid law), and section thirty-nine M of Chapter thirty (public works construction law).

SECTION 4. (a) The Corporation shall be managed by a Board of Directors consisting of five members, appointed by the Board of Selectmen. A Nominating Committee shall be established in accordance with this section for the sole purpose of identifying candidates for nomination to the Board of Directors of the Corporation. The Nominating Committee shall consist of two members of the Harbor Committee; one member of the Provincetown Finance Committee; and two representatives from the Commonwealth of Massachusetts having employment at either the Massachusetts Development Finance Agency, the Massachusetts Coastal Zone Management Office, or the Department of Environmental Management Office of Waterways. The Harbor Committee members shall be designated by a majority vote of the Harbor Committee. The Finance Committee member shall be designated by a majority vote of the Finance Committee. The Governor shall designate the representatives from the Commonwealth of Massachusetts. The Pier Nominating Committee shall enter into an open, public and inclusive initial selection process. The Nominating Committee shall publicize the qualifications needed to serve on the Board of Directors and shall actively and aggressively seek candidates to serve on the Board of Directors of the Corporation. The Nominating Committee shall initially present to the Board of Selectmen a minimum of five candidates for the Board of Directors of the Corporation. The Board of Selectmen may accept or reject any or all of the proposed candidates, and request additional names from the Nominating Committee. Thereafter, as vacancies occur on the Board of Directors, the Nominating Committee may present to the Board of Selectmen names of proposed candidates to fill said vacancies. Members of the Board of Directors shall have education and experience in one or more of the following fields: law, finance, marine operations, and real estate and the Board as a whole shall include persons with education and experience in several of these fields. Each of the five members shall be sworn to the faithful performance of his or her official duties as a director of the Corporation. A majority of the five members shall constitute a quorum for the transaction of any business, but any action of the Board of Directors shall require the affirmative vote of a majority of the entire Board. The Board of Directors shall elect from among its members a chairman, vice-chairman, clerk, treasurer, and other officers as they may deem necessary and determine their duties. The original members of the Board of Directors shall be appointed within 60 days following the effective date of this Act. Of the members of the Board of Directors first appointed, one shall be appointed to serve for a term of one year, one for a term of two years, one for a term of three years, one for a term of four years, and one for a term of five years. All terms thereafter shall be for five years. Upon the expiration of the term of office of any member of the Board of Directors, or any subsequent member of the Board of Directors, his or her successor shall be appointed for a term of five years. In the event of a vacancy on the Board of Directors, a successor member shall be appointed to complete the term of service for the member whose term has not expired; provided however, that for the purposes of this section, service to complete the term of another member shall constitute service for one term if the balance of said term being completed is more than fifty percent of the original term. Unless reappointed no member of the Board of Directors shall hold office after the expiration of his or her term. No member of the Board of Directors of the Corporation shall hold office for more than two consecutive terms.

(b) Any member of the Board of Directors of the Corporation may be removed by the Board of Selectmen for cause only after reasonable notice and a public hearing by the Board of Selectmen, unless the notice and hearing are in writing expressly waived by the member of the Board subject to removal.

(c) The members of the Board of Directors shall receive no compensation for the performance of their duties hereunder, but each member shall be reimbursed by the Corporation for expenses actually incurred in the performance of his or her duties. Every such reimbursement shall be open to public inspection from and after the requisition therefor.

(d) The Board of Directors shall adopt a corporate seal for the Corporation and designate the custodian thereof. The Board of Directors shall cause at all times accurate accounts to be kept of all receipts and expenditures of the funds of the Corporation; and shall make a report annually to the Board of Selectmen, containing an abstract of such accounts and detailed information of all receipts and expenditures, including prices paid for property acquisition, contracts for construction of facilities and for the leasing thereof, and such other detailed information as may be helpful. The Corporation shall cause an audit of its books and accounts to be made at least once in each fiscal year by certified public accountants and the cost thereof shall be treated as a current expense. Except as otherwise provided for in this Act, the Corporation shall have the full power to exercise care of its property and the management of its business and affairs. The treasurer shall give bond for the faithful performance of his duties, with a surety company authorized to do business in this Commonwealth as surety, in such sum as the board may determine, the premium thereof to be paid by the Corporation.

(e) The Corporation may be dissolved only in accordance with the following procedure. Either the Town Manager or the Board of Selectmen shall make a finding that the Corporation is no longer needed to provide for the sound and market-based management, operation and maintenance of MacMillan Pier, and that the purpose of the Corporation as set forth in section one of this Act has been fulfilled, or that the Corporation has failed to fulfill such purposes. If such a finding is made, the Board of Selectmen shall hold a public hearing on whether the Corporation should be dissolved. Notice of the public hearing shall be published no later than two weeks prior to the hearing date in two newspapers having general circulation in the Town. After the public hearing, the Board of Selectmen shall make a recommendation to the Town Meeting as to whether the Corporation shall be dissolved. Thereafter, the Town Meeting may by majority vote dissolve the Corporation. Following a vote of dissolution by the Town Meeting as described herein, the Corporation shall transact only such business as is necessary to conclude its affairs. Following dissolution of the Corporation, the Town shall assume all legal obligations, and liabilities, assets, debts, leases, contracts and all real and other property of the Corporation.

SECTION 5. The Corporation is hereby authorized:

(a)  To sue and be sued in its own name, plead and be impleaded.

(b) To adopt rules for the regulation of its affairs and the conduct of its business and to alter the same.

(c) To employ consulting engineers, an executive director, superintendents, managers, and such other employees, agents and consultants as may be necessary in its judgment, and to fix their compensation. Employees of the Corporation shall not be deemed to be employees of the Town, provided however that the Town and the Corporation may in writing agree to allow employees of the Corporation to participate in employee insurance, retirement or other benefit programs offered to Town employees.

(d) To make and enter into all contracts and agreements necessary or incidental to the performance of its duties.

(e) To receive and accept from any federal agency, the commonwealth or the Town grants, loans or advances for or in aid of an economic development project or projects and to receive and accept contributions from any other source of either money, property, labor or other things of value, to be held, used and applied for the purposes for which such grants, loans, advances and contributions may be made.

(f) To borrow money and to borrow money against its income stream and assets, and, from time to time, to make, accept, endorse and execute promissory notes, bills of exchange, and other obligations of the Corporation, for moneys borrowed or in payment for property acquired for any other purposes of the Corporation, and to secure the payment of such obligations by pledge, indenture, agreement, assignment of leases or other instrument of trust, said borrowing may be for a term not exceeding forty years.

(g) To invest any funds not required for immediate use or disbursement in certificate of deposit or in obligations of the government of the United States or in obligations the payment of the principal of, and interest on, which is guaranteed by the government of the United States; and subject to a specific vote of the Board of Directors, to invest funds in any fashion in which municipal funds may be invested pursuant to the provisions of chapter forty-four of the general laws.

(h) To provide such advisory services and technical assistance as may be necessary or desirable to carry out the purposes of this Act.

(i) To prepare or cause to be prepared plans, designs, drawings, specification and estimates of cost for the construction, reconstruction, development, redevelopment, rehabilitation, remodeling, alteration or repair of marine related projects and from time to time modify such plans, designs, drawings, specifications and estimate

(j) To designate property as marine and marine-related economic development projects, in accordance with the Harbor Plan.

(k) To acquire and hold by bequest, devise, grant, gift, purchase, exchange, lease, judicial order or decree, or otherwise, for any of its objects and purposes, any property, either real or personal, or any interest therein; and without limiting the generality of the foregoing, to acquire by purchase or otherwise, on such terms and in such manner as it may deem proper and necessary for carrying out the provisions of this Act subject to the provisions of sections 3(B), 3(C) and 3(D) of this Act. The Corporation shall not have the power of eminent domain. Notwithstanding anything to the contrary herein, the Corporation shall not acquire any interest in real property until said acquisition has been authorized by a two-thirds vote.

(l) To procure insurance against any loss in connection with its property and other assets and operations in such amounts and from such insurers as it deems desirable.

(m) To improve property acquired by it, and to engage in or contract for the demolition, construction, reconstruction, development, redevelopment, rehabilitation, remodeling, alteration or repair thereof, provided that a two-thirds vote shall be necessary to authorize the construction, demolition, repair, or alteration of any building or structure located on MacMillan Pier.

(n) To arrange or contract with the Town for the planning, replanning, opening, grading or closing of streets, roads, alleys or other places or for the furnishing of facilities or for the acquisition by the Town of property or property rights or for the furnishing of property or services in connection with a project or projects.

(o) To sell, convey, mortgage, lease, transfer, option, exchange, or otherwise dispose of any property, either real or personal, or any interest therein, as the objects and purposes of the Corporation may require, subject to Town meeting approval only in accordance with sections 3(B), 3(C) and 3(D) of this Act.

(p) To manage or lease any marine and marine-related economic development project whether owned or leased by the Corporation and to enter into agreement with the Commonwealth or the Town or any agency or instrumentality thereof or with any person, firm, partnership or Corporation either public or private for the purposes of causing any project to be managed.

(q) To establish and collect fees for the use of any properties owned or leased by the Corporation.

(r) To act with respect to one or more projects as a Corporation organized under chapter one hundred twenty-one A of the general laws.

(s) To do all acts and things necessary or convenient to carry out the powers expressly granted in this Act.

(t) Notwithstanding anything to the contrary contained herein, the Corporation may not expend money or incur any financial obligation in excess of fifty thousand dollars in the aggregate at any one time without the approval of Board of Selectmen.

SECTION 6. No marine and marine-related economic development project, or fee, or lease, or license shall be undertaken until a public hearing relating to the project, fee, lease, or license has been held by the Corporation after due notice. Further, after due notice, the Corporation shall hold at least one public hearing annually to receive comments about its management and operations. Due notice of public hearings shall be given by the Corporation to (1) such persons, groups, and organizations as have requested in writing that such notice be given them, (2) the senator for the senatorial district of the commonwealth and the representative for the representative district of the commonwealth within which the marine and marine-related economic development project falls, and (3) the general public through a legal notice in two newspapers having a general circulation in the Town published no later than two weeks prior to the hearing date.

SECTION 7. The Corporation shall be liable in contract and in tort in the same manner as a municipal corporation. The directors, employees, officers and agents of the Corporation shall be liable as such in contracts and tort, in the same manner as municipal employees under the general laws. The Corporation shall indemnify its employees under sections nine and thirteen of chapter two hundred and fifty-eight (indemnification for certain intentional torts) as public employees. The property or funds of the Corporation shall not be subject to attachment or to levy and sale on execution, but if the Corporation refuses to pay a judgment entered against it in any court of competent jurisdiction, the superior court, sitting within and for the county in which the Corporation is situated, may, by writ of mandamus, direct the treasurer of such Corporation to pay such judgment. The real estate owned by the Corporation shall not be subject to liens under chapter two hundred and fifty-four of the general laws, but the provisions of sections twenty-eight and twenty-nine of chapter one hundred and forty-nine of the general laws shall be applicable to any construction work by the Corporation.

SECTION 8. (a) The real estate and tangible personal property of the Corporation shall be deemed to be public property used for the essential public and governmental purposes and shall be exempt from taxation by the Commonwealth or any subdivision thereof and from betterments and special assessments; provided, however, that in lieu of such taxes, betterments, and special assessments, the Town may determine a sum to be paid to it annually in any year or period of years, such sum to be in any year not in excess of the amount that would be levied at the then current tax rate upon the average assessed value of such real estate, including buildings and other structures, for the three years preceding the acquisition thereof, the valuation for each year being reduced by all abatements thereon.

(b) The Town may, however, agree with the Corporation upon the payments to be made, or the Corporation may make and the Town may accept such payments, the amount of which shall not in either case be subject to the foregoing limitation.

(c) Nothing in this act shall be construed to prevent the taxation, to the same extent and in the same manner as other real estate is taxed, of real estate sold or otherwise transferred by the Corporation pursuant to an economic development project, or the taxation to the same extent and in the same manner as real estate of the commonwealth is taxed, of real estate acquired by the Corporation pursuant to an economic development project and thereafter leased by the Corporation; provided, however, that real estate so acquired by the Corporation and sold or leased to an urban redevelopment corporation or other entity operating under chapter one hundred and twenty A, chapter one hundred and twenty-one B, and chapter one hundred and twenty-one C of the general laws shall be taxed under those chapters.

SECTION 9. The Town may borrow under section eight of chapter forty-four of the general laws, or otherwise as appropriate, or may agree with the Corporation or with the federal government or the commonwealth to borrow or as otherwise appropriate, in aid of the Corporation, such sums as may be necessary to carry out the purposes and powers of the Corporation, including defraying part of the development, acquisition and operating costs of any marine and marine-related economic development project. Indebtedness of the Town authorized under this section shall be outside the limit of indebtedness prescribed in section ten of chapter forty-four of the general laws and shall be payable within forty years and otherwise subject to sections sixteen to twenty-seven, inclusive, of said chapter forty-four; provided, however, that the total amount of indebtedness of the Town outstanding at any one time under this section and clauses one, two, and four of section twenty-one of chapter one hundred and twenty-one A of the general laws shall not exceed five percent of the Town's equalized valuation as defined in section one of said chapter forty-four. Indebtedness incurred under this act shall also be subject to approval under section twenty-two of said chapter one hundred twenty-one B in like manner as indebtedness incurred under said section twenty.

SECTION 10. This Act, being necessary for the welfare of the Commonwealth and the Town and its inhabitants, shall be liberally construed to effect the purpose thereof.

SECTION 11. 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 approve amendments to the bill before enactment by the general court. The board of selectmen are hereby authorized to approve amendments which shall be within the scope of the general public objectives of the petition; or to take any other action relative thereto.

Elizabeth Steele-Jeffers moved 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 to read as printed in the warrant.

Barbara Rushmore moved to amend article 2 by adding: 1) the establishment of the Pier Corporation shall terminate in ten years unless a vote of the 2009 Annual Town Meeting votes to continue it. 2) Unlike other authorities, the MacMillan Pier Corp is to be bound by the Provincetown Zoning By-Laws and other regulations of our Town.

Elizabeth Steele-Jeffers moved that the Town vote to appropriate and borrow the sum of $2,800,000 for the rehabilitation of MacMillan Pier; and that the Treasurer, with the approval of the Board of Selectmen, is authorized to borrow said sum under and pursuant to Chapter 44, Sections 7 and 8, 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; provided further that such authorization shall be contingent upon awarding of financial assistance at least equal to said sum; and, further, to vote to instruct its representative in the General Court to file a home rule petition for a special act to authorize the Town of Provincetown to borrow for a period of up to forty years for the rehabilitation of MacMillan Pier.

Elizabeth Steele-Jeffers moved that the Town vote to appropriate and borrow the sum of $140,000 to be expended under the direction of the Director of Public Works to continue the development of plans and specifications 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 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(22) 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.

Constance J. Black moved to amend the main motion by reducing the amount to be borrowed from $ 140,000 to $90,000 for the purposes set forth in the article, provided that no amount of this appropriation shall be expended for testing Route 6 as a disposal area for the proposed central sewer treatment plant since it is premature to spend money on an area before we know if the Cape Cod Commission, the National Seashore Park, or the state of Massachusetts would allow such a use within an area which contains so many wetlands and endangered species.

 Amendment Defeated: Yes 197 No 204

 (Motion to Move Question Carried.)

SECTION 1. Notwithstanding any other general or special legislation to the contrary, the Commissioner of the Massachusetts Highway Department is hereby authorized and directed to convey a permanent utility easement to the Town of Provincetown to be used for the disposal of municipal wastewater treatment plant effluent, such easement to be in, over and under the land area within the full width of the median strip of the highway known as Route 6 for its full length within the Town of Provincetown, from Station 0+00 at the Truro town line to the end of Route 6 within the Town of Provincetown at approximately Station 188+00, said median strip and highway being shown on the plan entitled, "Plan and Profile of Proposed State Highway Layout in the Town of Provincetown," dated July 21, 1953, prepared by the Office of Department of Public Works, Boston, MA filed with the Massachusetts Highway Department.

SECTION 2. The consideration to be paid by the Town of Provincetown to the Commonwealth shall be the full and fair market value of the permanent easement described in section 1 of the act for purposes as delineated therein. Said full and fair market value shall be determined by the commissioner of the department of capital planning and operations based upon an independent professional appraisal

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 approve amendments to the bill before enactment by the general court. The board of selectmen are hereby authorized to approve amendments which shall be within the scope of the general public objectives of the petition; or to take any other action relative thereto.

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 to read substantially as printed in the warrant.

 (Motion to Move Question Carried.)

 Motion Carried

Town Meeting Break 9:28 to 9:45

SECTION 1. Notwithstanding anything to the contrary in sections one and three of chapter eighty-three of the general laws, the town of Provincetown is hereby authorized to lay out, construct, maintain and operate a system or systems of common sewers and main drains in public or private ways for that part of its territory as it adjudges necessary for the public convenience or the public health with such connections and other works as may be required for a system or systems of sewerage and drainage, and sewage treatment and disposal.

SECTION 2. At the commencement of operation of the town’s sewer system, the owner of land abutting upon a private or public way in which a common sewer has been laid shall be required by the board or officer having charge of the maintenance and repair of sewers to connect such land with a common sewer only if (1) the on-site subsurface sewage disposal system serving said land fails to comply with the provisions of 310 CMR 15.000, et seq. ("title 5"), (2) an on-site subsurface sewage disposal system cannot be constructed on the property in compliance with title 5, except pursuant to a variance from property line setbacks, cellar wall or slab foundation setbacks, or swimming pool setbacks, or (3) if the property is located landward of the velocity zone area and the line which is one hundred feet from the historic high water line, an enhanced treatment system under remedial use cannot be designed and constructed to adequately treat sewage from said property. The town shall not allow an abutting property owner or owners utilizing an enhanced treatment system under remedial use to opt out of connecting to the sewer system unless the town implements a monitoring and inspection plan approved by the department of environmental protection for such remedial system or systems. Such plan may include the assessment of a reasonable fee by the board of health to implement the monitoring and inspection plan. All other owners of land within the final area of concern as identified on the final wastewater treatment facilities plan approved by the department of environmental protection and on file in the office of the town clerk may, at the owner’s option, connect to the town’s sewer system only if said owner notifies the town of the owner’s intent to connect therewith prior to commencement of final design and construction of said sewer system. Said plan may be amended from time to time by the board or officer having charge of sewers, after a public hearing conducted to consider such amendment, and upon approval of the department of environmental protection. The board or officer having charge of sewers shall adopt regulations within one hundred and twenty (120) days after the effective date of this act establishing publication and notification procedures to carry out the purposes of this section. Notwithstanding anything to the contrary in the foregoing, the board or officer having charge of sewers may adopt regulations allowing delayed connections for those properties which do not fail to comply with the provisions of title 5 but upon which an on-site subsurface sewage disposal system cannot be constructed on the property in compliance with title 5, except pursuant to a variance from property line setbacks, cellar wall or slab foundation setbacks, or swimming pool setbacks, or, if the property is located landward of the velocity zone area and the line which is one hundred feet from the historic high water line, an enhanced treatment system under remedial use cannot be designed and constructed to adequately treat sewage from said property.

SECTION 3. After commencement of operations of the sewer system, additional connections shall be permitted within the final area of concern by such board or officer having charge of the maintenance and repair of sewers, subject to available capacity, only upon certification by the board of health that the on-site subsurface sewage disposal system on land abutting upon a private or public way in which a common sewer has been laid cannot comply with the provisions of title 5, or in the case of new construction, expansion of an existing structure, a change in use, or increases in flow from said land, such expansion, change in use, or increase in flow does not result in sewage flow in excess of the amount of title 5 flow capacity or actual flow resulting from a legal use of said land, whichever is greater, which existed on the effective date of this act as determined by the board of health. Those owners of land within the final area of concern abutting upon a private or public way in which a common sewer has been laid who choose to opt out of connection to the common sewer pursuant to section two of this act, and who do not qualify for connection pursuant to this section, shall only be permitted to connect to the common sewer as capacity of the sewer system allows and at the sole discretion of the board or officer having charge of the maintenance and repair of sewers in accordance with criteria as contained within rules and regulations adopted by said board or officer. Notwithstanding anything to the contrary contained herein, the board or officer having charge of the maintenance and repair of sewers may at any time permit extensions, new connections or increases in flow to the sewer system, subject to capacity, to serve municipal buildings, public restrooms, laundromats, or, subject to approval of town meeting, other public service uses.

SECTION 4. Notwithstanding anything to the contrary in chapters eighty and eighty-three of the general laws, the town of Provincetown may make assessments upon those owners of land abutting upon a private or public way in which a common sewer has been laid only at the time of actual connection to the common sewer. Nothing herein shall preclude the town from making estimated sewer assessments pursuant to section fifteen B of chapter eighty-three. The town may make equitable adjustments to the annual charges established pursuant to section sixteen of chapter eighty-three of the general laws for the use of common sewers by owners of land who connect under section two of this act for the purpose of insuring an equitable distribution of the total sewer system costs, including assessments and sewer use charges.

SECTION 5. Chapter four hundred seventy-six of the acts of nineteen hundred forty-seven is hereby repealed..

SECTION 6. 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 approve amendments to the bill before enactment by the general court. The board of selectmen are hereby authorized to approve amendments which shall be within the scope of the general public objectives of the petition; or to take any other action relative thereto.

Elizabeth Steele-Jeffers moved that the Town vote as follows: Whereas, the Board of Selectmen desires that as many property owners as possible be able to choose how they handle their wastewater needs; and Whereas, the Board of Selectmen would like to have any wastewater facility first built to serve primarily the owners of property which cannot comply with the 1995 Revised Code of Title 5 on-site, by allowing others to "opt out" of any sewer system if they are capable of complying on-site and would prefer to do so; and Whereas, the Board of Selectmen desires to limit any property's sewer connection to its Title 5 design flow capacity or actual flow resulting from its current legal use of that property, whichever is greater; and Whereas, the Board of Selectmen also desires that any initial phase of construction of a wastewater facility built serve as many of those who are capable of complying on-site, and wish to be connected, as possible, as well as for municipal buildings, public restrooms, Laundromats, or other public service uses approved by town meeting; and Whereas, the Board of Selectmen desires to allow for delayed connections for those properties whose on-site system is not in failure; and Whereas, the Board of Selectmen desires assessments to be levied only upon those properties which connect; therefore, 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 printed in the warrant.

 (Motion to Move Question Carried.)

SECTION 1. Notwithstanding the provisions of any general or special law to the contrary, the town of Provincetown may enter into contracts for the lease or sale, operation and maintenance, financing, design and construction of modifications and installation of new equipment and systems at the wastewater treatment plant, sewers and pump stations to ensure adequate services and to ensure the ability of said town's wastewater treatment plant, sewers and pump stations to operate in full compliance with all applicable requirements of federal, state and local laws; provided, however, that such contracts shall not be subject to the competitive bid requirements set forth in sections 38A 1/2; to 38 O, inclusive, of chapter 7, section 39M of chapter 30 or sections 44A to 44M, inclusive, of chapter 149 of the General Laws; provided further, that each such contract shall be awarded pursuant to the provisions of chapter 30B of the General Laws except for clause (3) of subsection (b), clause (3) of subsection (e) and subsection (g) of section 6 and sections 13 and 16.

The requests for proposals for such contracts shall specify the method for comparing proposals to determine the proposal offering the lowest overall cost to said town including, but not limited to, all capital financing, operating and maintenance costs. If said town awards a contract to an offeror who did not submit the proposal offering the lowest overall cost, said town shall explain the reason for the award in writing.

SECTION 2. (a) Notwithstanding the provisions of any general or special law to the contrary, contracts awarded pursuant to section 1 may provide 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. The renewal or extension shall be at the sole discretion of the town of Provincetown in accordance with the original contract terms and conditions or contract terms and conditions more favorable to and acceptable to said town. Contracts entered into pursuant to this act may provide that, subject to a majority vote of the town meeting, said town shall not be exempt from liability for payment of the costs to finance, permit, design and construct modifications or install new equipment and systems at the wastewater treatment plant, sewers and pump stations necessary to ensure the ability of said wastewater treatment plant, sewers and pump stations to operate in full compliance with all applicable requirements of federal, state and local laws; provided, however, that such costs shall be amortized over a period that is no longer than the useful life of such modifications, equipment and systems. Said town's payment obligations for all operations and maintenance services shall be conditioned on the contractor's performance of such services in accordance with all contractual terms.

(b) Contracts entered into pursuant to this act may provide for such activities as may be deemed necessary to carry out the purposes authorized herein including, but not limited to, equipment, facility or land sale or lease, equipment installation and replacement, performance testing and operation, studies, design and engineering work, construction work, ordinary repairs and maintenance and the furnishing of all related material, supplies and services required for the wastewater treatment plant, sewers and pump stations and the management, operation, maintenance and repair of and improvements to said town's wastewater treatment plant, sewers and related pump stations.

SECTION 3. The town manager of the town of Provincetown shall solicit proposals through requests for proposals which shall include those items in paragraphs (1) and (2) of subsection (b) of section 6 of chapter 30B of the General Laws and proposed key contractual terms and conditions to be incorporated into the contract, some of which may be deemed mandatory or nonnegotiable; provided, however, that the requests for proposals may request proposals or offer options for fulfillment of other contractual terms and such other matters as may be determined by said town.

SECTION 4. The town manager of the town of Provincetown shall make a preliminary determination of the most advantageous proposal from a responsible and responsive offeror taking into consideration price, estimated life-cycle costs and other evaluation criteria set forth in the request for proposals. Said town manager may negotiate all terms of the contract not deemed mandatory or nonnegotiable with such offeror. If, after negotiation with such offeror, said town manager determines that it is in said town's best interests, said town manager may determine the next most advantageous proposal from a responsible and responsive offeror taking into consideration price, estimated life-cycle costs and other evaluation criteria set forth in the request for proposals and may negotiate all terms of the contract not deemed mandatory or nonnegotiable with such offeror. Said town manager shall award the contract to the most advantageous proposal from a responsible and responsive offeror taking into consideration price, estimated life-cycle costs, the evaluation criteria set forth in the request for proposals and the terms of the negotiated contract. Subject to the approval of the board of selectmen and, with respect to any contract in excess of five years, the authorization of the town meeting, said town manager shall award the contract by written notice to the selected offeror within the time for acceptance specified in the request for proposals. Such award shall be subject to sections 5 and 6. The parties may extend the time for acceptance by mutual agreement.

SECTION 5. Subject to the provisions of this act, any contract awarded hereunder shall be subject to such terms and conditions as the town manager and the board of selectmen of the town of Provincetown shall determine to be in the best interests of said town and shall be authorized by a majority vote of said board of selectmen. Any such contract shall provide that, prior to the construction of modifications or installation of equipment and systems, said town shall cause a qualified wastewater engineer to independently review and approve plans and specifications for such modifications, equipment and systems. Such contract shall further provide that prior to said town's acceptance of any modifications, equipment or systems, including work undertaken pursuant to section 8 and estimated to cost more than $100,000, said town shall cause a qualified wastewater engineer to inspect such modifications, equipment and systems and certify that the construction or installation has been completed in accordance with the approved plans and specifications.

SECTION 6. Notwithstanding the provisions of any general or special law or rule or regulation to the contrary, the department of environmental protection may issue project approval certificates with respect to the contract procured by the town of Provincetown for wastewater treatment facility improvements and any design and construction services included in such contract shall be eligible for assistance under the water pollution abatement trust established by section 2 of chapter 29C of the General Laws.

SECTION 7. The provisions of any general or special law or rule or regulation relating to the advertising, bidding or award of contracts, to the procurement of services or to the construction and design of improvements shall not be applicable to any selected offeror which is awarded a contract pursuant to this act, except as provided in this section. The construction of any new capital improvement or any renovation, modernization, installation or replacement work estimated to cost more than $100,000, not specifically included in the initial contract for the lease or sale, operation and maintenance, design and construction of the wastewater plant, sewers and pump stations, shall be procured on the basis of advertised sealed bids; provided, however, that bids need not be solicited if the contractor causes such construction, renovation, modernization, installation or replacement work to be completed without direct or indirect reimbursement from the town of Provincetown or other adjustment to the fees or costs paid by said town including, but not limited to, any adjustment to sewer rates paid by said town's residents or businesses. Bids shall be based on detailed plans and specifications and the contract shall be awarded to the lowest responsible and eligible bidder. The contractor may act as an agent of said town in the solicitation of bids for the construction of any new capital improvement or for any renovation, modernization, installation or replacement work pursuant to this section; provided, however, that said town shall cause a qualified wastewater engineer to independently assess the need for such capital improvement, renovation, modernization, installation or replacement work and to review and approve the contractor's proposed plans and specifications prior to advertising for bids. Based on the recommendations of the qualified wastewater engineer, said town may approve, modify or reject the contractor's proposed plans and specifications. Any contract awarded pursuant to this act shall provide that, in the event that said town does not approve the contractor's proposed plans and specifications pursuant to this section, said town or the contractor may terminate the contract under the terms and conditions of such contract.

SECTION 8. All contracts or subcontracts for new construction, renovation, modernization, improvement or capital improvements to the town of Provincetown's wastewater treatment plant including, but not limited to, all treatment facilities and pump stations shall be awarded only to persons or entities whose bids or proposals are subject to such persons or entities being signatory to a project labor agreement with the appropriate labor organizations which shall include an obligation for such labor organizations and its constituent members not to strike with respect to the work on such construction project and which shall also establish uniform work rules and schedules for the project. Such project agreement shall be entered into in order to facilitate the timely and efficient completion of the construction of such improvements and to make available a ready and adequate supply of highly trained, skilled craft workers who shall provide a negotiated commitment to assure labor stability and labor peace over the life of this project. The applicable entity responsible for any construction, renovation, modernization, improvement or capital improvement to said town's wastewater plant and pump stations shall designate a general contractor, project manager or similar construction firm which is familiar in the negotiation and administration of project labor agreements to manage and oversee the construction of the project, including the development and implementation of labor relations policies for the project, and to instruct such general contractor, project manager or other construction firm to negotiate a mutually agreeable project labor agreement covering the above described work.

SECTION 9. 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 approve amendments to the bill before enactment by the general court. The board of selectmen are hereby authorized to approve amendments which shall be within the scope of the general public objectives of the petition; or to take any other action relative thereto.

 Elizabeth Steele-Jeffers moved that the Town vote as follows: Whereas, municipalities in Massachusetts and elsewhere have benefited from being able to have a private contractor design, build, and operate a wastewater facility under contract with the municipality; and Whereas, such facilities can often be designed, built, and operated at significant savings to the public, and Whereas, the Board of Selectmen desires 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;. therefore, 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 printed in the warrant.

 Motion Carried

SECTION 1. The Charter of the Town of Provincetown which is on file in the office of the Archivist of the Commonwealth as provided in Section 12 of Chapter 43B of the General Laws is hereby amended in Chapter 4, Section 2, by amending section 4-2-6 to read as follows:

4-2-6. The board of selectmen shall exercise the powers and duties which are not vested in a town officer or another town board by the Massachusetts General Laws, the Provincetown General By-Laws, or this charter, including those of Sewer Commissioners.

SECTION 2. Said charter of said town of Provincetown is hereby further amended in Chapter 6, by deleting Section 14, The Water and Sewer Board, which currently reads as follows:

 Section 14: The Water and Sewer Board

6-14-1. There shall be a water and sewer board as provided by G.L. c. 41, consisting of five regular members and one alternate member appointed by the board of selectmen for three-year overlapping terms so arranged that the term of at least one regular member shall expire each year.

6-14-2. The water and sewer board shall exercise the powers and duties prescribed by the Massachusetts General Laws, the Provincetown General By-Laws, and this charter.

and by inserting in place thereof the following:

Section 14: The Board of Water Commissioners

6-14-1 There shall be a board of water commissioners consisting of five regular members and one alternate member appointed by the board of selectmen for three-year overlapping terms so arranged that the term of at least one regular member shall expire each year. Notwithstanding any contrary provisions of this charter, the board of selectmen may appoint one or more registered voters of the Town of Truro to serve on said board.

6-14-2 The board of water commissioners shall exercise the powers and duties prescribed by Chapter 483 of the Acts of 1907, Chapter 439 of the Acts of 1952, the Massachusetts General Laws, the Provincetown General By-Laws, and this charter.

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 approve amendments to the bill before enactment by the general court. The board of selectmen are hereby authorized to approve amendments which shall be within the scope of the general public objectives of the petition; or to take any other action relative thereto.

 Elizabeth Steele-Jeffers moved that the Town vote to indefinitely postpone action on Article 8.

 Motion to Indefinitely Postpone Carried

Dr. Cheryl Andrews moved that the Town vote, pursuant to MGL C.40,§4A to authorize the Board of Selectmen to enter into an intermunicipal agreement with the Town of Truro relative to water, upon such terms and conditions as are deemed appropriate by said Board of Selectmen.

Paul Trainor moved to amend Article 9 by adding to the motion that "such agreement will be submitted to the following Town Meeting for ratification".

 Amendment Defeated

 Motion Carried as Moved

BOARD OF SELECTMEN RECOMMENDS: 5-0-0
Elizabeth Steele-Jeffers moved that the Town vote to transfer from Free Cash the sum of $25,284 to fund the collective bargaining agreement reached with the Provincetown Police Labor Federation for FY 1999.

 Motion Carried

192-A DPW/Buildings & Grounds - Personal Services $2,500

421-A DPW/Administration - Personal Services 14,000

422-B DPW/Highway -Expenses 5,000

710-B Debt Service - Expenses 15,000

910-B Retirement/Fringes/Insurance - Expenses 30,000

Art. 4-7, 4/7/93 ATM Community Center repairs 8,140

Art. 17, 4/4/94 ATM Bas Relief Refurbishing 2,230

Art. 9, 4/1/96 ATM Street Sweeper 3,635

Free Cash 65,601

Sub-total $146,106

to increase the following Fiscal Year 1999 appropriations:

151-B Legal Services – Expenses $20,000

192-B DPW/Buildings & Grounds - Expenses 10,000

421-B DPW/Administration - Expenses 70,000

431-A DPW/Solid Waste/Recycling - Personal Services 13,746

431-B DPW/Solid Waste/Recycling - Expenses 20,000

439-B DPW/Solid Waste/Other - Expenses 12,360

Sub-total $146,106

or to take any other action relative thereto.

BOARD OF SELECTMEN RECOMMENDS: 5-0-0
Elizabeth Steele-Jeffers moved that the Town vote to transfer the sum of $146,106 from the Fiscal Year 1999 budgets established under Article 2 of the April 6, 1998 Annual Town Meeting and other available funds, as printed in the warrant to increase the Fiscal Year 1999 appropriations printed in the warrant.

 Motion Carried

SCHOOL COMMITTEE RECOMMENDS: 4-0-0
Lois Borgesi moved that the Town vote to transfer from Article 3, Item 7 of the April 3, 1995 Special Town Meeting, School Building Repairs, the sum of $1,065.26 for payment to Honeywell of an unpaid bill of the School Department from a prior fiscal year.

WATER AND SEWER BOARD RECOMMENDS: 3-0-0
Elizabeth Steele-Jeffers moved that the Town vote to transfer $4,420 from Personal Services to Expenses in FY 1999 Water Enterprise Fund established under Article 3, Section 1 of the April 6, 1998 Annual Town Meeting.

 Motion Carried

WATER AND SEWER BOARD RECOMMENDS: 3-0-0
Elizabeth Steele-Jeffers moved that the Town vote to amend its vote under Article 7, Item 12 of the April 6, 1998 Special Town Meeting so that said article reads as follows: "$500,000 to be expended under the direction of the Town Manager, Director of Public Works, and Water Superintendent for rehabilitation of water department equipment, including the 1.1-million-gallon water tank off Winslow Street, and for replacement of wells at the South Hollow Wellfield, and for replacement of water mains, and for costs incidental and 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 8(7C), of the General Laws, or any other enabling authority, and to issue bonds or notes of the Town therefor.".

Elizabeth Steele-Jeffers moved that the Town vote to appropriate the sum of $97,490 from the Water Enterprise Reserve Fund for Capital Expenditures, to be expended by the Water and Sewer Board with the approval of the Board of Selectmen for capital expenditures of said enterprise.

Keith Bergman moved that the Town vote to indefinitely postpone action on Article 16.

 Motion to Indefinitely Postpone Carried

Keith Bergman moved that the Town vote to indefinitely postpone action on Article 17.

 Motion to Indefinitely Postpone Carried