TOWN OF PROVINCETOWN - BOARD OF SELECTMEN
REGULAR MEETING - MONDAY, JANUARY 22, 2007
Chairman Cheryl Andrews convened the meeting at 6:00 PM noting the
following attendees: Board of Selectmen members: Cheryl Andrews, Michele
Couture, Richard Olson, David Nicolau
Excused Absence:
Sarah Peake
Other attendees:
Town Manager Keith Bergman, Acting Assistant Town Manager Michelle Jarusiewicz
Recorder:
Vernon G. Porter
The following are meeting minutes, in brief.
Cheryl Andrews recused herself, as she is a boat
owner and would have a conflict of interest if the Selectmen were to consider
the “Dartmouth Approach”. She does not
have a mooring, and otherwise could sit on this hearing. She turned the meeting over to Michele
Couture and left the room.
1A PUBLIC HEARING CONTINUED: MOORING PERMIT FEES
Establish Single Rte Structure for Residents, Non-Residents
Austin
Knight –
Can we possibly have the report of the Dartmouth Plan before we get into public
comments so we can then have some comments about that?
Question
came about as to whether the public portion of the Public Hearing was closed at
the previous meeting on December 11, 2006.
Keith Bergman – there are no statements in the minutes that tells
us that the public comments portion of the hearing was closed.
Acting
Chairman Couture - People are here and they obviously want to be heard. So, let’s hear from the public first and
once we close the public portion of the hearing we can talk about the Dartmouth
Proposal. We will now open up the floor
for public comments on the mooring permit fees.
Kerry
Adams
– Respectfully, I would like to reserve
my comments for a later time in this meeting, however, I would like to ask that
you invite the Harbormaster to at least layout what the Dartmouth approach is so that everyone in the room gets a
better idea of it before you decide to table it or further discuss it.
Acting
Chairman Couture – In as much as isn’t part of actually what was published, it feels
really awkward to bring it up as part
of this discussion. I think what I am
going to do is to have a discussion on what was published and then we will
close that part and then we’ll hear from the Harbormaster as the Board would
want to be updated on it as well. Then
have a discussion amongst the Board if we want to incorporate that or whether
we want to table it until next year or however we want to handle it. Right now it is simply a public hearing
simply on what has been published and what’s continued from December 11, 2006
Mary-Jo
Avellar –
Since several plans have been mentioned from the time you had you initial
public hearing in December, not only the Dartmouth Plan but the Harbor
Committee has a plan, the Pier Corporation has a plan. I came into Town Hall
and got a copy of the Agenda Action Request which has more than what’s been
advertised for the purpose of this public hearing. It seems to me that if you have three different proposal
potentially which could impact the public in this matter that maybe the better
thing for you to do is to re-advertise the whole darn thing and let people
comment on all three of them.
Personally feels that all the plans are discriminatory to the Senior
Citizens of Provincetown and the fees are outrageous. I think this is a
terrible plan and I urge you to vote no on this.
After Board discussion it was decided to have the Harbormaster give an
explanation of the Dartmouth Plan.
Harbormaster
Rex McKinsey
gave a detailed explanation on the Dartmouth Plan. Some corrections that were in the local newspaper. The Pier Corp. did not take a vote on the
fees and the Dartmouth Plan leaves everyone’s rates alone. All fees goes to general fund.
Chris
Snow – Are
the current fees collected – do they cover the fees for the Harbormaster
Services? Answer: No
Alex
Brown –
Opposed to raising fees. Don’t want any
comparisons to any other harbors .. Provincetown is different. Not opposed to split fees.
Clarence
Walker –
Transit moorer – what is that? Answer
by Harbormaster - Using Dartmouth
as a template, they define a transient as a vessel that is not in their harbor
for more than 14 communicative days.
There is a definition in MA State Law for a habitually moored vessel and
that would be the vessels that are in our harbor that are not necessarily
Provincetown residents would be habitually moored as opposed to transient or
just passing through.
Warren
Goff – 1)
What is the purpose of raising the funds.
Where do the funds go – I don’t think it goes into the General Fund, so
I question what it is going to do for the Waterway improvement. 2) Concerning excise tax .. currently 50% of excise tax paid for any
vessels moored or kept in the town harbor should be going to the waterways fund
and I am wondering if that is happening.
3) And I question why we are raising rates .. what are we going to do
with the money. What about the boats
that mooring at Long Point year after year?
Marcene
Marcoux - I
am against split fee. The simpler issue
is to stay with what we have.
Chris
Snow -
Indifference to the previous speaker.
Our hospitality has gone overboard in this particular instance by
$50K. We the taxpayers have to pay for
this.
Acting Chairman Couture closed the Public portion of this hearing at
6:59 PM.
Open discussion ensued.
Richard Olson - My own observation is
that the Dartmouth Plan sounds to me like a split rate dressed up to go to the
Supreme Judicial Court in fancy dress and I don’t think it is worth
pursuing.
MOTION: Move
that the Board of Selectmen vote to advertise a new public hearing based upon
the Harbor Committee recommended fee structure and to rescind the senior discount
adopted on March 22, 2004 and to table this agenda item until our next regular
scheduled meeting on Monday, February 26, 2007.
Motion
by: Richard Olson Seconded by: David Nicolau Second
withdrawn
MOTION: Move
that the Board of Selectmen vote to table this agenda item until our next
regular scheduled meeting on Monday, February 12, 2007.
Motion
by: Richard Olson Seconded by: David Nicolau Yea 3 Nay
0
Cheryl
Andrews returned.
1B PUBLIC HEARING: MCDBG 2007 PROGRAM
Water Treatment Upgrade, Community
Development Strategy
MOTION: Move that the Board of Selectmen vote to
waive the reading of the Public Hearing Notice.
Motion
by: Michele Couture Seconded by: David Nicolau Yea 4 Nay 0
Public
Comments - None
MOTION: Move that the Board of Selectmen vote to
authorize submission of the Town of Provincetown's application including the
Community Development Strategy under the Massachusetts Community Development
Block Grant’s FY 2007 Community Development Fund program for water treatment
upgrades at Knowles Crossing, $745,200; general
administration, $54,800; for a total of $800,000.
Motion
by: Michele Couture Seconded by: Richard Olson Yea 4
Nay 0
2. PUBLIC STATEMENTS
Rex McKinsey – Reason for our
new uniforms – we have a number of centennial events coming up to celebrate the
history of Provincetown and its fishing fleet and various other aspects of
it. The Pier Corporation has adopted as
its seal the handle from the Lipton Cup and will be using it as part of the
Harbormasters Uniforms this year to commemorate the 100th
Anniversary of the Rose Dorthea winning the Lipton Cup on August 1, 1907.
Kerry Adams - Surprised that
the Board of Selectmen did not consider the Dartmouth Plan and thinks that the
public deserves the right to hear about it and discuss it. Also hopes that the Board keeps the senior
citizens discount. Hopes that the town
is not taken to court by a non-resident over the higher fees they pay for their
parking stickers.
Chris Snow – Increase the
mooring fees uniformly for resident and non-residents … through the roof but allow the residents that are mooring
permit holders a rebate on their real estate taxes to the amount of the
difference.
Clarence Walker – In response to
Mr. Snow’s comments .. what about people who only rent?
Austin Knight - Re: 531
Commercial Street - historic building
being torn down. Previous historic
building torn down .. approximately $10K was received in fines .. how much is
left? Advertisement for new Building
Commissioner – what about bringing in a new interim one until a new Town
Manager is hired. Fireworks Task
Committee - would like a motion to bring Fireworks on the 4th of
July ..we have commitments of $10K
already. Change fund name to 4th
of July Celebration to open it up for payment of many things that come under
that umbrella. $25K is the goal of the
Task Force.
Celine Gandolfo - Thanked the Board of
Selectmen for the purchase of the theatre property on Harry Kemp Way. Spoke on Old Colony Nature Pathway –
abandoned Railroad right of way and passed out information on this to Board of
Selectmen (See attachment #1)
Mary-Jo Avellar – Remind the
theatre people that they promised to clean up the area that was recently bought
by the Town. Massachusetts Moderators
Association had a nice booth this year at the MMA and they had a nice CD and I
hope that the Town will show the DVD prior to the town meeting.
Amy Germain – There is a
public hearing period ending the 26th of this month on the National
Seashore Bike Trails and I encourage everyone to ask the National Seashore not
to widen them. 2) An important
distinction that is not being made during all the conversation about Affordable
Housing -- that being the difference
between affordable rental housing and affordable purchase of housing .. and
want to bring this to your attention.
Marcene Marcoux – 1) As a member
of the Provincetown Theatre, we did clean up that area already .. and did not
say we would clear it forever. 2) 4th
July Task Force – have been meting since November and preparing for this coming
July. We meet every week and have a separate funding committee. We only started raising money less than a
week ago and so far, in six days, we have raised $10K.
Clarence Walker – It is critical
for the Town to put off any major hiring or structural changes to the town
until a new Town Manager is hired. Someone has resigned and I ask for a
clarification of who is in charge and who signs the papers.
3. SELECTMEN'S STATEMENTS
Michele
Couture
Fireworks – Glad to see
that everyone is working on this and hope that we do not fall short of the
funds that are need this year. We fell short by $15,000 last year and I do not
wish to have that repeated this year. I
commend everyone for working hard to see that we have a great celebration and
it doesn’t fall short financially.
Re: 531 Commercial
Street – Understand the Historic Commission has a meeting on this on February
7th and I intend on being at this meeting. We need to have a fine structure in place that is really
stringent.
Historic District
Commission - There are nine reasons why you can go into executive session and you
cannot discuss what you discussed in that meeting.
Letter from Dennis Alee asking to
be consider as one of our appointees to the Reconstituted Dune Shack
Subcommittee. Would like to invite him
in for an interview before we appoint him.
(Keith Bergman will ask George Price what the process is on this.) Board agreed to ask Dennis in for an
interview.
Town Hall Clock – Letter from
Sandy Turner –checking with Eric Dray to see if the CPC will fund the
repairs.
MOTION: Move that the Board of Selectmen vote to
apply to Community Preservation Act to obtain funds to restore the Town
Clock.
Motion
by: Michele Couture Seconded by: David Nicolau Yea 4 Nay 0
Email to Town
Manager from Russell Kleekamp re: Transfer Station Repairs dated 1/16/07 –. Would like to know when and if we have to
go back to Truro and when do we expect repairs to be made. David Guertin: No we do not have to go back to Truro. Repairs should be done within two week and
the Engineer bears full responsibility for repairs and costs. We’re looking NOT
to go back to Truro and also minimize the duration and to eliminate any
expense. Cheryl Andrews – As soon as the repairs are complete can we be notified as well as Mr. Bergman. Thank
you.
Richard
Olson
Mr. Walker raised
the point about the status of Mr. Taylor the Building Commissioner and what is
that Keith? Answer: He has submitted his resignation and it is
correct that he has not established a date for that termination. Considering that there is a pending vacancy
we’ve advertised as the by-laws direct to fill the vacancy. I’m happy to explore this idea of an interim
situation; all thought it was not my intent to, without making an
appointment.
Timetable for
finding a new Town Manager, in reference to what Mr. Walker said about not
wanting to do anything before a new town manager comes aboard who might have
the opportunity to make important appointments – if Mr. Taylor stays on for
that time, I’m talking a few months, and having an interim and someone getting
up to speed doesn’t seem much sense to me.
But you’re the guy in charge.
Cheryl Andrews – I think Mr.
Bergman should hear from all the Selectmen on this one and I‘ll weigh in and
take the opposing view. I think the
situation is not one that makes me feel content about the way we are doing
business. While I was away a
resignation was tendered and I think the town should accept it and I think an
interim makes sense. We’ve done it for
other positions. We’ve done it for years .. with the health agent. Bottom line is I don’t want to talk about
personnel. But since the issue has been
raised and Mr. Bergman has addressed it and you’re looking for direction, you
have my support to pursue an interim appointment with a temporary.
Michele Couture - I am of the
opinion with Richard that I value Mr. Taylor’s expertise and if we could keep
him for as long as we can then that would be my wish. Though I have to say it feels really awkward talking about
this. David Nicolau – And I’m
not going to talk about it. Cheryl Andrews – That’s why I didn’t. I didn’t say the persons name and I didn’t
talk about the position and I don’t think we should. And you certainly can address what was raised in public
statements tonight without discussing the individual that tendered the
resignation, and that’s what I did.
In response too
Mr. Snow’s comments in charging through the roof for mooring permit and then
rebating to town taxpayers. I can’t see
charging through the roof for anyone if we want to keep this town with our
harbor an economically viable and a vibrant place for people to do business and
come for recreation. I wouldn’t like to
see one boat less in this harbor on account of charging through the roof.
Excellent article
in the Cape Codder about Provincetown and archiving the town’s historical items
is no easy task and how our historical resources are so scattered. This reminds me that one of the things we
discussed was ‘surplus property’.
Sometime soon, are we going to hear a report on the old business of
recycling town owned property?
MOTION: Move that the Board of Selectmen vote to
schedule and agenda item ‘Freeman Street Building” for our next regular
scheduled meeting on Monday, February 12, 2007.
Motion
by: Michele Couture Seconded by: Richard Olson Yea 4 Nay
0
David
Nicolau
With regards to
the Town Manager and him making decisions before he leaves, so that you know as
far as the Police Chief’s position goes he will not be doing that because he is
going to be leaving and we have not even started a search yet for this Chief’s
position. Relative to the Building
Commissioner goes, I believe that in the end the decision lies with the
Selectmen to approve anything that is going to be done with that position. Trying to get through the end of these last
months before Keith leaves there is lots going on and there’s lot’s to talk
about between now and May and I am very well aware of it. It’s on my mind lately and I am very well aware of it.
Re: 531 Commercial
Street – To me there are two separate issues. 1) The issue of historic – that the building was demolished without
a permit or a demolishing permit.
Stringent penalties / fines have to be put in place so that this does
not happen in the future .. and we can all discuss this. 2) Don’t know how the scaffolding got so
high without a special permit. Someone
should have said something long ago. They spend a fortune on this. It fell through the cracks somehow and it
was a big crack to fall through. I wasn’t happy about that at all.
MOTION: Move that the Board of Selectmen vote move
that the Board of Selectmen vote to have the 4th of July fireworks
be on Wednesday, the 4th of July 2007.
Motion
by: David Nicolau Seconded by: Michele Couture Second
withdrawn
MOTION: Move that the Board of Selectmen vote to
have an agenda item to name the Old Colony Nature Pathway (old abandoned
railroad right of way.)
Motion
by: David Nicolau Seconded by: Michele Couture Yea 4
Nay 0
To Town Moderator - Encourage you
to submit a budget.
Cheryl
Andrews
We all attended
the Massachusetts Municipal Association Annual Convention in Boston last
week. What was wonderful about it was
that they gave us class after class on all the topics you are hearing about –
whether it’s open meeting law, grant opportunities, state funding, different
ways to do things, trade shows. Madam
Moderator and several members of the Finance Committee attended. More and more of FinCom Members are
attending and all of us here are very glad about that because Municipal Finance
is totally different than anything else.
Difference between
policies that address affordable ownership vs. affordable rentals - You bet!
The Selectmen have discussed that for years and agree that they are two
really different things. I don’t know
too many twenty-year olds that are ready to by a house. I know a lot them that would love to have a
year-round apartment here. There is a
section of the Annual Report, you will get it when you go to Town Meeting this
year, that the Chairman of the Board of Selectmen with the concurrence of the
rest of the Board on all the topics we have been working on. And if you go back you’ll see that every
year we’ve talked about rentals. So, I totally agree with you.
Letter from Gary Delius in
his capacity as MIS Director for the Town of Truro asking us to support a
application in from the Cape Cod Community College regarding the “Open Cape
Project”. I’ve
shown it to Keith and he is OK with it.
It doesn’t involve one penny at this point and I don’t know if it every
will but it simply ask for support for what they are looking at which is geared
towards providing redundant and fail-safe communications for high-speed,
wireless, connectivity to the Outer Cape during times of serious emergencies
MOTION: Move that the Board of Selectmen vote to send a letter Dan Gallagher,
Executive Director of Information Technology, Cape Cod Community College in
support of the “Open Cape Project”.
Motion
by: Cheryl Andrews Seconded by: David Nicolau
Yea
3 Nay 1 (Michele Couture)
Our first Budget
Meeting is next week and our FinCom Chairman Gary Delius asked if they could
attend and I agreed. I’ve asked him to
outline what the topics are that they want. It should be no longer than one
hour.
Congratulations to
Mary-Jo Avellar. We did all see the
appointment - now we need an alternate.
On the bike trail
.. I did go to that meeting and I totally agree with you and everyone in the
room agreed with you. They seem to be
listening – they still want to do something out there but I think we let them
know that if they started mucking up with the bike trail that we all adore for
its coolness – they’d be in bid trouble.
The good news is that they don’t have the money to do what they
originally plan to. But the issue is
important
Discussion
of fines by Historic Commission – Foley House and how it was handled and how
we’ve learned since then.
4A BOARD OF SELECTMEN APPOINTMENTS
. MOTION: Move that the Board of Selectmen vote to
approve the appointment of Amy Germain to the Recycling Committee as Regular
Member with a term to expire December 31, 2009.
Motion
by: Michele Couture Seconded by: Richard Olson Yea 4 Nay
0
. MOTION: Move that the Board of Selectmen vote to
approve the appointment of Amy Germain to the Zoning Board of Appeals as an
Alternate Member with a term to expire December 31, 2009.
Motion
by: Michele Couture Seconded by: Richard Olson
Yea 3
Nay 1 (David Nicolau)
MOTION: Move that the Board of Selectmen vote to
approve the appointment of Lee Bartell to the Recycling Committees as Regular
Member with a term to expire December 31, 2009.
Motion
by: Michele Couture Seconded by: Richard Olson Yea 4 Nay
0
5A REFER ZONING AMENDMENT TO
PLANNING BOARD
Proposed
Amendment for April 2007 Town Meeting
MOTION:
Move that the Board of Selectmen vote, pursuant to MGL C. 40A,§5, to refer to the Planning Board a zoning
amendment proposed the Planning Board to Section 4800, Affordable Housing
By-law.
Motion by: David Nicolau Seconded by: Richard
Olson Yea 4
Nay 0
5B FORMER FIRE STATION NO. 2
Repair
Costs – 189 Commercial Street – 4th Town Landing
Open discussion
ensued.
MOTION: Move that the Board of
Selectmen vote to table this agenda item until our next regular schedule
meeting on Monday, February 12, 2007.
Motion
by: Michele Couture Seconded by: Richard Olson Yea
4 Nay 0
5C TOWN HALL REPAIR PROJECT
Update
Open discussion
ensued. No motions made.
5D TREASURER’S TRANSFERS
John
A. Henry Trust Fund
MOTION: Move that
the Board of Selectmen vote as Commissioners of the Trust Funds, to approve the
transfer of $1,960.66 from the John A. Henry Trust Fund for the payment of the
attached invoice.
Motion
by: Michele Couture Seconded by: David Nicolau Yea 4 Nay
0
6A HOUSING ACTION PLAN
Adoption
of the Affordable/Community Housing Action Plan
Invite working group to meet with Board of Selectmen. Talk about process.
Invite John Ryan to meet with the Board of Selectmen to discuss the Housing Action Plan on any day around 5 PM. Cheryl asked Keith to provide a matrix.
MOTION: Move
that the Board of Selectmen vote to authorize the Town Manager to meet with the
Community Preservation Commission on behalf of the Board of Selectmen in
furtherance of the financial working group for a community housing staff
person.
Motion
by: David Nicolau Seconded
by: Richard Olson Yea 4
Nay 0
7A SCHEDULE
PUBLIC HEARING
Growth
Management Report [Zoning By-laws §660093)]
MOTION: Move that the Board of
Selectmen vote to schedule
its annual hearing under the Growth Management Zoning By-law for February 12,
2007 at 6 p.m. to make findings pursuant to Section 6600, Growth Limitation
Goal Allocations, as follows: (1) that the average daily withdrawal for the
Provincetown Water System has decreased from 784,666 gallons per day in 2005 to
724,797 GPDs in 2006; (2) that the permitted level is 850,000 GPDs; and (3)
that, therefore, the Town is in compliance with the
water withdrawal permit issued by the Department of Environmental
Protection.
Motion
by: David Nicolau Seconded
by: Michele Couture Yea 4
Nay 0
7B 2006 MCDBG – WATER SYSTEM IMPROVEMENTS
Design
& Engineering/environmental Partners Group, Inc.
MOTION: Move that the Board of Selectmen vote
to approve and execute a contract with Environmental Partners
Group, Inc. of Hingham, Massachusetts in an amount not to exceed $150,000 for
design engineering services for the water system improvements project funded by
the Massachusetts Department of Housing and Community Development under its
2006 Massachusetts Community Development Fund program.
Motion
by: Michele Couture Seconded
by: Richard Olson
Yea 4 Nay 0
7C GRANT APPLICATION
Cape
& Islands License Plate Small Grant Application
MOTION:
Move that the Board of Selectmen vote to authorize the submission of a letter
of intent and, if invited, a grant application for $25,000 under the Cape &
Islands License Plate Small Grant Program for a project to stimulate cultural
tourism
in Provincetown
through the development and implementation of Provincetown’s Path to Culture: Wayfinding
& Storytelling.
Motion
by: Richard Olson Seconded
by: David Nicolau
Yea 4 Nay 0
7D EOPS
SETS
Training Grant Application
MOTION: Move
that the Board of Selectmen vote to
authorize the Police Chief to submit a Statewide Emergency Telecommunications
Board Training Grant application to the Executive Office of Public Safety in
the amount of $4,052 for dispatch training.
Motion
by: Michele Couture Seconded
by: Richard Olson
Yea 4 Nay 0
7E1 ELECTION
Filling
Vacancy on the Board of Selectmen
MOTION: Move that the Board of Selectmen vote to
pursuant to MGL C. 41,§10, to place Selectmen Sarah K. Peake’s remaining term
on the Board of Selectmen on the May 1, 2007 Annual Town Election ballot, such
term to commence on May 2, 2007 and expire on May 6, 2008, and to file such
vote with the Town Clerk.