TOWN OF PROVINCETOWN - BOARD OF SELECTMEN

 

REGULAR MEETING - MONDAY, FEBRUARY 12, 2007

 

JUDGE WELSH HEARING ROOM

 


Chairman Cheryl Andrews convened the meeting at 6:00 PM noting the following attendees: Board of Selectmen members: Cheryl Andrews, Sarah Peake, Michele Couture, Richard Olson, David Nicolau 

 

Other attendees: Town Manager Keith Bergman

 

Recorder: Vernon Porter 

  

The following are meeting minutes, in brief. 

 

1A       PUBLIC HEARING CONTINUED:  MOORING PERMIT FEES

            Establish Single Rate Structure for Residents, Non-Residents


MOTION:
  Move that the Board of Selectmen vote to waive the reading of the Public Hearing Notice. 

                                                                                        

Motion by:  Sarah Peake               Seconded by: David Nicolau           Yea  5    Nay  0

 

 

MOTION:  Move that the Board of Selectmen vote to approve the Harbor Fees as recommended and put forth by the Harbor Committee and including Senior Discount.

 

Motion by:  Richard Olson            Seconded by: David Nicolau for discussion.

 

MOTION:  Move that the Board of Selectmen vote to accept the proposal of the recommendation of the Harbor Committee as printed.

 Individual Mooring Permits

Current

Proposed

Recommended

 

Resident

Non-Resident

In public hearing notice

By Harbor Committee

Location/Vessel Length

 

 

 

 

Vessels equal to and less than and less than 16 feet

$50.00

$100.00

$75.00

$50.00

Vessels greater than 16 feet

$75.00

$200.00

$150.00

$100.00

Vessels greater than 20 feet

 

 

$200.00

$125.00

Vessels greater than 30 feet

$125.00

$300.00

$250.00

$175.00

Vessels greater than 40 feet

$150.00

$400.00

$300.00

$200.00

 

                                                                                        

Motion by:  Michele Couture         Seconded by: David Nicolau          Yea  5    Nay  0

 

Chairman Andrews closed this hearing at 6:19 pm.

 

 

 

 

 

1B       PUBLIC HEARING: TAX RATE CLASSIFICATION

            FY 2007 Property Tax Rate

 

MOTION:  Move that the Board of Selectmen vote to waive the reading of the Public Hearing. 

                                                                                        

Motion by:  Sarah Peake             Seconded by: Richard Olson            Yea  5    Nay  0

 

Staff Comments:

 

Principal Assessor Paul Gavin – the Board of Assessors does not recommend a split tax rate  … recommends staying with a factor of ‘1’.

 

Public Comments:

 

Austin Knight – Agrees with the Assessor in keeping the single rate.

 

Astrid Berg – Agreed with the previous speaker.  This is not the time to put additional burdens on businesses.

 

Rachel White - Supports a split-level tax rate. 

 

Public Hearing portion closed by Chairman Andrews at 6:28 PM.

 

MOTION:  Move that the Board of Selectmen vote, pursuant to MGL C.40,§56, as follows relative to the FY 2007 property tax:

 

1.      to establish a residential factor of "1" [a residential factor of "1" establishes a single tax rate for all classes of property; any other factor splits the tax rate between residential/open space and commercial/industrial/personal].

 

Motion by:  Michele Couture        Seconded by: Sarah Peake           Yea  5    Nay   0

 

No Public Comment.  Chairman Andrews closed the Public Hearing portion at 6:31 PM.

 

MOTION:  Move that the Board of Selectmen vote, pursuant to MGL C.40,§56, as follows relative to the FY 2007 property tax:

 

2.      not to adopt a "residential exemption".

 

Motion by:  Michele Couture        Seconded by: Sarah Peake           Yea  5    Nay   0

 

 

Public Comments

 

Astrid Berg -  Agrees with previous speakers on this matter.

 

MOTION:  Move that the Board of Selectmen vote, pursuant to MGL C.40,§56, as follows relative to the FY 2007 property tax:

 

3.      not to adopt a "small business exemption".

 

Motion by:  Sarah Peake             Seconded by: David Nicolau            Yea  5    Nay   0

 

MOTION: Move that the Board of Selectmen vote to have a joint meeting with the Economic Development Council and the Licensing Board discuss licensing fees and help for year round businesses.

 

Motion by:  David Nicolau           Seconded by: Sarah Peake               Yea  5    Nay   0

 

MOTION:  Move that the Board of Selectmen vote, pursuant to MGL C.40,§56, as follows relative to the FY 2007 property tax:

 

4.      to identify $7,629.13 in unused property tax levy capacity.

 

Motion by:  Michele Couture        Seconded by: Richard Olson          Yea  5    Nay   0

 

           

            1B hearing concluded at 6:38 PM.

 

 

1C       PUBLIC HEARING

            Growth Management Report [Zoning By-laws §6600(3)]

 

MOTION:  Move that the Board of Selectmen vote to waive the reading of the Public Hearing. 

                                                                                        

Motion by:  David Nicolau              Seconded by: Sarah Peake             Yea  5    Nay  0

 

            Public Comments

 

Howard Burchman  Relative to growth management .. we have to look at these percentages as they are not the numbers we are looking for.

 

Austin Knight – We need to look at helping small business to use the Economic Development gallons.  Look at the whole market.

           

            Public portion of this hearing closed by Chairman Andrews at 6:50 PM

 

            Board Comments

 

David Nicolau - The issues isn’t always the gallons – it’s how to take those gallons and use it to their advantage to make those units.

 

Michele Couture – Attended several housing meetings recently and several people came before the boards and I don’t think the 33% presents any problem.

 

Cheryl Andrews  – Septage Pumping - we need to know gallonage. Suggest that the board call for a joint meeting with Water & Sewer Board, Board of Selectmen, or whatever board,  so as to get the information they need to prepare before they have to go to town meeting.

 

Recycling – would like to have this in next years report.

 

MOTION:  Move that the Board of Selectmen vote 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 (“DEP”) pursuant to 310 CMR 36.00 and all applicable rules and regulations promulgated by DEP with respect thereto.

 

Motion by:  Michele Couture        Seconded by: David Nicolau           Yea  5    Nay   0

 

 

2.         PUBLIC STATEMENTS

                                                                                                                                                                                               

Mary-Jo Avellar – PBG used to have businesses put flyers in their guest rooms to conserve water and energy.  As your Representative to the Cape Cod National Seashore Advisory Committee at your meeting on February 26, 2007 with the Superintendent, I hope you will favorably support the Wolf-Ferguson Dune Shack Report.

 

John Thomas - The CCNSGMPIAC just met and will be forwarding some information to the Board of Selectmen for their comments and approval.  We would like to be invited to your meeting with Superintendent Price on the 26th of February. 

 

Kerry Adams – Agree with previous speakers on the CCNS.  Thank you all for the passing of the mooring fees with the Sr. Citizens discount in it.

 

Howard Burchman – Spoke on the funds allocated for the consultant for the Housing Contract as presented in agenda item before the Board of Selectmen this evening.  He feels that it has been written by the consultant and he does not feel that this appropriate. 

 

Rachel White – A lot of things did happen at the pier on your watch and we thank you.  The Sr. Center is deplorable and it’s a shame that the Town doesn’t treat our seniors as good as we should.  Referencing to the Whiter Museum – there is paperwork stating that they own 30 feet around their building.   Personally want to thank all of you .. you serve the town well.

 

Marcene Marcoux - 4th of July task force and the Fundraising Committee are meeting every week. New project – a new CD – lots of plans, well organized, and just wanted you to know we on our way to securing the $25,000 we need. Regarding our Fire Houses – town needs to have a long range plans for its buildings and speaking in favor of keeping them. As a member of the Historic District Commission – regarding 531 Commercial Street – explained that the fine we levied is the max that we could in find under our guidelines.

 

Mary-Jo Avellar – The Board needs to appoint an alternate at the CCNS Advisory Committee and I suggest Kerry Adams. 

 

Michael Lussier – Confused as to what is happening regarding his housing and the whole  experience has been an horrific one and I am very confused on what is happening.  Received a 60-page document today saying that he could lose his home.  Doesn’t understand  .. can you help me on this?

 

Astrid Berg - Regarding what Mr. Burchman was talking about earlier – I think we ought to take a look at what and how we spend our money.  Also the situation with Mr. Lussier and his situation, what is happening here?  Regarding the Freeman Building – the current use is in conflict of what Mr. Freeman wants it used for.  Would like to know what are the rental fees and how long is their lease?

 

Austin Knight – Firehouse #2 – the town needs to save this building.  We need an assessment of all our town buildings and come up with a plan for them.  I’ve asked for this several times and challenge this board and future boards to handle this.

 

Clarence Walker - Agree with previous speaker on Firehouse #2 .. with the new interim Building Commissioner there should be great opportunity to communicate and review the information necessary to move forward with this and many other projects.

 

Celine Gandolfo – Wanted to clarify that “Ray and Nickie Wells’s Conservation Area needs to be cleaned up .. that was when there was foliage there .. The theatre company did a magnificent job and cleaned up 90% of what was there and I think the rest can be done by volunteers.

 

  

3.         SELECTMEN'S STATEMENTS

 

Richard Olson

 

Attended a Tourism Summit last week that was very enlightening and I think we will be hearing from the VSB shortly to have a joint meeting.

 

The letter from the Superintendent of the CCNS – I look forward to our meeting on the Dune Shack issues. 

 

Re: Astrid Berg’s question about the Freeman Building.  Keith Bergman – The BOLT

 

Mr. Lussier’s problems? Keith Bergman - Explained the situation as related to him from Town Counsel as of today.  

 

MOTION:  Move that the Board of Selectmen vote to waive the marketing provision of the regulatory agreement for the unit 48 Racepoint Road, Provincetown.

 

Motion by:  Richard Olson         Seconded by: Sarah Peake      Motion withdrawn

 

MOTION: Move that the Board of Selectmen vote to schedule a meeting of the Board of Selectmen at 4:30 PM on Thursday, February 15, 2007 regarding 48 Race Point Road and permitting issues.

 

Motion by:  David Nicolau          Seconded by: Michele Couture           Yea  5    Nay  0

 

MOTION:  Move that the Board of Selectmen vote to invite the Council On Aging to have a joint meeting with the Board of Selectmen to discuss their facilities

 

Motion by:  Richard Olson           Seconded by: David Nicolau            Yea  5    Nay  0

 

David Nicolau

 

MOTION:  Move that the Board of Selectmen vote to assess all town owned buildings and what it would cost to bring them into code; excluding Firehouse #2.

 

Motion by:  David Nicolau         Seconded by: Sarah Peake     Motion withdrawn

 

Sarah Peake

 

Thanks to Rachel White for her comments.

 

Regarding  Mrs. Marcoux’s comments on the top level of fines and how much they can fine.  (Keith Bergman – the limit for anything else is $300 per day.)  There was an article in Cape Cod times about a homeowner who chopped down trees and was fined.  I’m getting ready to file legislation to increase the level of daily fines and will be happy to work with the Historic District Commission.

 

Also excited to let you all know that I have been appointed to and look forward to serving on several committees: Municipalities and Regional Government, Financial Services, Environment Natural Resources and Agricultural. 

 

Michele Couture

 

Went to Historic District Commission meeting on Wednesday and addressed the fine of $250 per day.   I proposed that they bring it to Town Meeting and then to be sent to the Legislature.  This would be a new fine structure .. one suggestion I made was to take a look at replacement value and charge them the  cost of the assessed value of the structure.

 

MOTION:  Move that the Board of Selectmen vote to send a letter of thanks to Building Commissioner Doug Taylor thanking him for his service.

 

Motion by:  Michele Couture        Seconded by: Richard Olson         

                           Yea  4   Nay  0  Abstain 1 (Cheryl Andrews)

 

Mr. Burchman spoke on what he felt was unethical practice in hiring a consultant for the Housing Implementation Plan and I feel it was a great disservice to the members of several boards. We worked hard during the Housing Summits the Local Housing Authority voted to approve the funds for this consultant (John Ryan).  

 

Cheryl Andrews

 

Letter from PPPC – respond to them to let them know we got it and to encourage them move forward and that we’re always available.

 

Article on Town Warrant to expand the scope of the Recycling Committee.

 

4A       BOARD OF SELECTMEN APPOINTMENTS

 

None at this time.

               

5A       HOUSING ACTION PLAN IMPLEMENTATION

            Working Group Report