Meeting Place: Town Hall

The following minutes are available on-line as a service and are not the official record due to changes in formatting for the Internet. The minutes may have attachments that are not included here in this format. The official, complete paper copy can be viewed during regular office hours, Monday - Friday: 8 a.m. to 5 p.m. in the Office of the Town Clerk, 260 Commercial St. Provincetown, MA 02657.

Members Present: Paul Redlund (Co-Chair), Regina Binder(Co-Chair), Joyce Guide, Francis Santos

Members Absent: Roger Chauvette (excused), Gino Verzone (Alternate)

Others Present: Keith Bergman (Town Manager), David Guertin (DPW Director), David Atkinson (Selectman), David Ditacchio (Harbormaster), Craig King (Mass Development), Mark Latour (Assistant Town Manager), Rachel Crosby (Recording Secretary)

Call to Order: Chair Paul Redlund called the Meeting to order at 11:06 A.M.

PUBLIC MEETING

MINUTES

April 13, 2000 – Ms. Binder moved to approve as written, Ms. Guide seconded and it was so voted, 3-0, 1 abstain (Francis Santos).

RESOLUTION OF MACMILLAN PIER DESIGN ISSUES

Mr. Redlund went over the proposed design changes in some detail.

Mr. Guertin then distributed and reviewed a packet of documents, with a cover memo from Mr. Guertin, dated May 5, 2000, to the Building Committee on the subject of “MacMillan Pier”. Mr. Guertin said he hoped to get a vote of approval from the Building Committee for the “final scope of Project” so that a recommendation could be brought to the Board of Selectmen. Review by the Selectmen could lead to the awarding of the contractor contract. Mr. Guertin said the dollar value of the changes/deletions had changed. Mr. Guertin said he had a letter from the firm of Kopelman and Page, Town Counsel, stating that, with the deletions, AGM (a construction firm) was still the low bidder. Mr. Guertin reviewed the deletions, giving the dollar amount associated with each deletion. Mr. Guertin said that the total new estimated cost of the Project now met the low bid (from AGM) and also allowed for dredging and a realistic contingency fund.

Craig King reported on the status of various grants, reviewing a document from among those distributed by Mr. Guertin. Ms Guide asked about the interest from the grant money. Mr. King explained how interest income from grants monies received was or was not accounted for in the Project budget. Mr. Bergman said that if an agreement was reached allowing the Town to keep the interest income from one of the larger grant, the interest would be received by the Town in the future and had no current bearing on the pier budget or the contract award. Mr. Bergman asked about the latest date when all grants would be confirmed and received, and Mr. King replied that mid-August was probable. Mr. Bergman then confirmed that a contract could be awarded at that time.

Mr. Guertin reviewed the process by which the deletion decisions had been made and the rationale(s) behind each change/deletion. Ms. Binder said the deletions had been decided upon by balancing the long-term needs and the immediate concerns for pier improvements. Mr. Bergman said the decisions made to-date did not preclude the Board of Selectmen or the Building Committee from making further revisions. Mr. Redlund said that some of the contingency fund monies might be, in the final analysis, available for add-ons.

Mr. Redlund explained the reasons for eliminating the east side walkway and said that he would like to see the first add-on be an observation deck (8’ wide by 40’ long) at a estimated cost of $40,000. Ms Guide asked if there was any possibility of eventually adding back in the east walkway. Mr. Redlund replied that that would lead to legal problems, as the Surf Club has expressed displeasure at the prospect of having people blocking the view from the Club’s deck.

David Atkinson (Selectman) asked about the missing Building Committee minutes and Mr. Guertin replied that Mr. Bergman had issued a memo addressing that issue. Mr. Redlund said that he had received some draft minutes from Craig King and said the Assistant Town Manager was also searching for the missing minutes. Mr. Redlund also explained how minutes came to be missing.

Mr. Guertin and Mr. King explained details of the handicapped access variance. Mr. Redlund explained that eventually an area for portable toilets or an expanded shelter might be created. Mr. Bergman explained that the new pier plumbing would allow eventual hook-up to the proposed Town sewer system.

Mr. Guertin spoke about progress/status on the Chapter 91 issues and commented on the objections raised by a group of private citizens. This private group has filed a request for a Formal Adjudicatory Hearing with the Department of Environmental Protection (DEP). Mr. Guertin said that the Town expected to ask for an expedited hearing so as to minimize delays in the start of construction. Mr. King said that DEP staff has joined with the Town in the effort to legally prove that the Chapter 91 license was correctly issued. Mr. Guertin said that the construction process needed to begin in September, i.e., have a contractor on board, to meet the current estimated Project schedule. Mr. King said any delay beyond autumn 2000 could effect grant monies. Mr. Guertin said the Town would be asking AGM to extend their bid validity period, but there is a possibility that there may be the need for a re-bid.

Mr. Ditacchio asked about the rationale for restoring the original length of one of the finger piers. Mr. Guertin said that, with the revised estimates, there was no longer a need to make this deletion. Mr. Ditacchio said the savings by reducing the length of the finger pier could be used elsewhere. Mr. King and Mr. Guertin explained the complicated process by which the original length of the pier was restored to the designs.

Michael Fernandes, Chair of the Disability Committee, asked about wheelchair access to the pier now that the east sidewalk was eliminated and also asked about the ramp rider. Mr. Guertin said the new western walkway will be 23’ wide and connected to the MPL by a better, more access-compliant ramp. Mr. Redlund said the whale watch kiosks will no longer be obstacles, as they will be hung off the side of the pier. Joyce Guide said they hoped to somehow divide the walkway to keep whale watch traffic separate from general traffic. Mr. King and Mr. Redlund explained the details of the new ramp rider.

Mr. Bennett asked about the Chapter 91 appellants and their intentions. Mr. Guertin said there was no current dialogue with that group litigation was pending. Ms Binder explained that the multi-year pier design process had provided many opportunities for public input. Mr. Guertin referred to several informal, but documented, exchanges between Building Committee members and Town staff and members of group appealing the Chapter 91 license. Joyce Guide explained how the Chapter 91 process had changed since the approval of the Harbor Plan.

Phillip Measho(?) asked about the material to be used for the floating floats and Mr. Redlund said the final decision had not yet been made. Dana Pazolt asked about liability if delays to the pier project causes danger to pier users (death, injury). Alex Brown questioned whether handicapped access features would block the bulkhead. Mr. Guertin said nothing was going to block the bulkhead. Mr. Atkinson asked if the representative of the Chapter 91 appeals group, Ms Elena Hall, who was present, could speak on the appeal. Mr. Redlund said that pending litigation prohibited his seeking such input. Ms Hall spoke, defending the group’s right to appeal.

Francis Santos moved to accept the Pier Project design changes as proposed, Joyce Guide seconded, and it was so voted 4-0, 2 absent (Roger Chauvette, Gino Verzone)

OLD BUSINESS - none

NEW BUSINESS - none

SCHEDULE NEXT MEETING – postponed until additional information is received.

MISCELLANEOUS

Joyce Guide praised Mr. Guertin for all the work he had done.

ADJOURNMENT

Mr. Redlund moved to adjourn at 11:45 P.M. and it was so voted unanimously.

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These minutes were approved by a vote of the Provincetown Building Committee at their meeting on ________________, 200__

Respectfully Submitted:

_____________________________ ________________________

Building Committee Signature Title

Rachel Crosby

Rachel T. Crosby, On-call secretary