Special Town Meeting

Monday, October 25, 2004 at 6:00 p.m.

Meeting Called to Order. Town Clerk Doug Johnstone convened the meeting at 6:00 p.m. on Monday, October 25, 2004 due to the absence due to illness of Town Moderator Elizabeth Steele-Jeffers.

Election of Temporary Moderator. The Town Clerk entertained nominations for election of a Temporary Moderator. Mr. Bez nominated Mary-Jo Avellar and Mr. Silva nominated Christopher Snow as Temporary Moderator. Mary-Jo Avellar elected by majority vote and so sworn by Town Clerk Doug Johnstone.

Preliminary Motions.

(1) Board of Selectmen Chair Cheryl Andrews moved that the Town vote to waive the reading of the warrant.

Motion Passed.

(2) Cheryl Andrews moved that the Town vote to grant permission to speak at the October 25, 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 ;

Elizabeth Hartsgrove, Licensing Agent;

Alexandra Heilala, Town Accountant;

Michelle Jarusiewicz, Acting Assistant Town Manager;

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;

Jonathan Silverstein, Esq., and other attorneys of the firm of Kopelman & Paige, P.C., Town Counsel

Anthony Teso, Principal, Veterans Memorial Elementary School;

Eileen Thomas, Cape End Manor Administrator;

Dr. Colette Trailor, Superintendent of Schools.

Motion Passed.

(3) Cheryl Andrews moved that on all matters to come before the October 25, 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.

John Nelson moved that Articles 12, 13, and 14 of the Special Town Meeting of October 25, 2004, be moved up in the meeting to a position following Article 3. Mr Guadiano moved that the ordering go before the meeting for a vote.

Motion Does Not Pass.

CAPE END MANOR CARE CAMPUS

Article 1. Cape End Manor Care Campus Land Exchange – Initial Authorizations. To see if the Town will vote to transfer from the School Committee for school purposes and/or municipal parking purposes to the Board of Selectmen for the purpose of conveyance, and authorize the Board of Selectmen to convey the fee ownership interest in a portion of the property located at 12 Winslow Street identified on Assessors Map as 07-4-070 known as Grace Hall Parking Lot and described in a deed recorded with the Barnstable County Registry of Deeds in Book 1405, Page 374, said parcel being approximately shown on the sketch plan entitled “Plan of St. Peter’s Church and Alternate Proposal for Grace Hall Parking Lot Swap” dated July 30, 2004, which plan is on file in the office of the Town Clerk, on such terms and conditions, including the reservation of a utility easement, and for such consideration, which may be in consideration for the exchange of the land hereinafter described, as the Board of Selectmen deem to be in the best interests of the Town; and further authorize the Board of Selectmen to reserve or enter into a ten-year lease, with option to renew for an additional ten years, permitting the Town to use and operate said parcel for municipal parking purposes; and further authorize the Board of Selectmen to acquire, in consideration for the parcel the Town is to convey, a portion of the two parcels of land that, together, are known as the St. Peter’s Cemetery, identified on Assessors Map as 08-2-027 and 08-2-024, having an address of 124 Alden Street and 116 Alden Street, respectively, the portion to be acquired being approximately shown on the sketch plan entitled “Plan of Cape End Manor and Portion of St. Peter’s Cemetery” dated August 4, 2004, which plan is on file in the office of the Town Clerk, for the purpose of conveyance, subject to a restriction that said land shall be used for medical care purposes, which may include a nursing home and an assisted living facility; and further to vote pursuant to Section 3 of Chapter 157 of the Acts of 2000 to authorize the water and sewer board to permit increases in sewer system flow to serve such public service uses at that location; or take any other action relative thereto.

[Requested by the Town Manager, Board of Selectmen, and Cape End Manor Board of Directors]

BOARD OF SELECTMEN RECOMMENDS: 4-0-1

FINANCE COMMITTEE RECOMMENDS: 5-0-1

CAPE END MANOR BOARD OF DIRECTORS RECOMMENDS: 5-0-0

SCHOOL COMMITTEE RECOMMENDS: 5-0-0

PLANNING BOARD RECOMMENDS: 5-0-0

COUNCIL ON AGING RECOMMENDS: 4-0-1

(Disposition of Land - 2/3’s vote required)

Michele Couture moved that the Town vote to approve Article 1 as printed in the warrant.

Motion Passed (2/3's vote declared).

Article 2. Transfer 0.09 Acres of 100 Alden Street to the School Committee for playground purposes. To see if the Town will vote to transfer from the Board of Selectmen for playground purposes to the School Committee for playground purposes a portion of the property located at 100 Alden Street, identified on Assessors Map as 08-2-26, being part of the playground known as Manuel V. Motta Athletic Field, the portion to be transferred being .09 acres at the northwest corner of said Motta Field as shown on a plan entitled “Plan of Motta Field Showing Provenance of Various Components,” dated February 23, 2004; and further to vote to instruct its representative in the General Court to file a home rule petition for a special act to read as follows:

SECTION 1. Notwithstanding the provisions of Chapter 270 of the Acts of 1953 or any other general or special law to the contrary and Article 97 of the Amendments to the Massachusetts Constitution, the town of Provincetown is hereby authorized to transfer from the board of selectmen for playground purposes to the school committee for playground purposes a .09-acre portion of Manuel V. Motta Athletic Field as shown on a plan entitled, “Plan of Motta Field Showing Provenance of Various Components," dated February 23, 2004, which plan is on file with the Town Clerk's office and hereby incorporated by reference.

SECTION 2. 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 approves amendments to the bill before enactment by the general court. The Board of Selectmen is hereby authorized to approve amendments which shall be within the scope of the general public objectives of this petition; or to take any other action relative thereto.

[Requested by the Board of Selectmen, Cape End Manor Board of Directors, and Town Manager]

BOARD OF SELECTMEN RECOMMENDS: 4-0-1

FINANCE COMMITTEE RECOMMENDS: 5-0-1

CAPE END MANOR BOARD OF DIRECTORS RECOMMENDS: 5-0-0

SCHOOL COMMITTEE RECOMMENDS: 5-0-0

PLANNING BOARD RECOMMENDS: 4-0-0

COUNCIL ON AGING RECOMMENDS: 4-0-1