Special Town Meeting

Wednesday, April 7, 2004 at 6:00 p.m.

Town Moderator Elizabeth Steele-Jeffers convened the meeting at 6:00 p.m. Wednesday, April 7, 2004.

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

Motion Passed.

(2) Mary-Jo Avellar moved that the Town vote to grant permission to speak at the April 7, 2004 Special Town Meeting to the following persons who are not registered voters of the Town of Provincetown:

Dennis Anderson, Cape End Manor CEO; Edward Boxer, PHS Principal; Dennis Clark, Recreation Director; Patricia Fitzpatrick, Tourism Director; Christopher Flavell, Marine Superintendent; Elizabeth Hartsgrove, Licensing Agent; Jon Gilmore, Director of Community Development; John W. Giorgio, Esq., and other attorneys of the firm of Kopelman & Paige, P.C., Town Counsel; Michelle Jarusiewicz, Acting Assistant Town Manager; Bruce T. Miller, Director of Municipal Finance and Town Accountant; Maxine Notaro, Permit Coordinator; Patricia Pajaron, Health Inspector; Wayne Perry and Mark White, engineers, Environmental Partners Group; Jane Raasch, Health Agent; Albert Robinson, Deputy Water Superintendent; Anthony Teso, Principal, Veterans Memorial Elementary School; Eileen Thomas, Cape End Manor Administrator; Dr. Colette Trailor, Superintendent of Schools.

Motion Passed.

(3) Mary-Jo Avellar moved that on all matters to come before the April 7, 2004 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.

COMMUNITY HOUSING PROPOSALS

Article 1. General By-law Amendment: Establish Community Preservation Committee. To see if the Town will vote to amend the General By-laws by adding a new section 5.14, as follows:

5-14. Community Preservation Committee By-law

5-14-1. Membership of the Committee. There is hereby established a Community Preservation Committee, consisting of nine (9) voting members pursuant to the provisions of G.L., c.44B, §5. The composition of the committee, the appointing authority and the term of office for the committee members shall be as follows: one member of the Conservation Commission as designated by said Commission; one member of the Historical Commission as designated by said Commission; one member of the Planning Board as designated by said Board; one member of the Recreation Commission, as designated by the Commission; one member of the Provincetown Housing Authority as designated by said Authority; one member of the Provincetown Housing Partnership as designated by said Partnership; one member of the Open Space Committee as designated by said Committee; and two individuals to be appointed by the Board of Selectmen. Each member of the Committee shall serve for a term of three years or until the person no longer serves in the position or on the board or committee as set forth above, whichever is earlier; provided, however, that two of the Board of Selectmen’s appointees shall be appointed for initial terms of three years, one appointee shall be appointed for an initial term of two years, and the final appointee shall be appointed for an initial term of one year. Should any of the officers and commissions, boards, or committees who have appointing authority under this by-law be no longer in existence for whatever reason, the Board of Selectmen shall appoint a suitable person to serve in their place. Any member of the Committee may be removed for good cause in accordance with Section 10-2-1 of the Town Charter.

5-14-2. Duties

5-14-2-1. The community preservation committee shall study the needs, possibilities and resources of the town regarding community preservation. The committee shall consult with existing municipal boards, including the conservation commission, the historical commission, the planning board, the department of public works, and the housing authority, or persons acting in those capacities or performing like duties, in conducting such studies. As part of its study, the committee shall hold one annual public informational hearing, or more at its discretion, on the needs, possibilities and resources of the town regarding community preservation possibilities and resources, notice of which shall be posted publicly and published for each of two weeks preceding a hearing in a newspaper of general circulation in the town.

5-14-2-2. The community preservation committee shall make recommendations to the Town Meeting for the acquisition, creation and preservation of open space, for the acquisition and preservation of historic resources, for the acquisition, creation and preservation of land for recreational use, for the creation, preservation and support of community housing and for rehabilitation or restoration of such open space, historic resources, land for recreational use and community housing that is acquired or created as provided in this section. With respect to community housing, the community preservation committee shall recommend, wherever possible, the reuse of existing buildings or construction of new buildings on previously developed sites.

5-14-2-3. The community preservation committee may include in its recommendation to the Town Meeting a recommendation to set aside for later spending funds for specific purposes that are consistent with community preservation but for which sufficient revenues are not then available in the Community Preservation Fund to accomplish that specific purpose or to set aside for later spending funds for general purposes that are consistent with community preservation.

5-14-2-4. In every fiscal year, the community preservation committee must recommend either that the legislative body spend, or set aside for later spending, not less than 10% of the annual revenues in the Com