TOWN OF PROVINCETOWN - BOARD OF SELECTMEN

 

  REGULAR MEETING - MONDAY, AUGUST 27, 2007

 

   JUDGE WELSH HEARING ROOM


Chairman Mary-Jo Avellar convened the meeting at 6:00 PM noting the following Board of Selectmen attending: Mary-Jo Avellar, Michele Couture, Austin Knight, Pam Parmakian, Lynne Davies

 

Other attendees: Town Manager Sharon Lynn, Municipal Finance Director Alix Heilala

 

Recorder: Vernon G. Porter 

 

The following are meeting minutes, in brief. 

 

 

1A       PUBLIC HEARING:  Dog Park


Chairman Avellar read the Public Hearing.  Written comments were received from approximately 30 people prior to this meeting and are on file with the Secretary to the Board of Selectmen.

 

Public Comments

 

Ann Maguire – Supports the dog park and feels it would be a wonderful addition.

Judy Mencher - owner of Skiff -  Supportive of dog Park

Ruth Ann Cowing – Animal Control Officer – In favor of the Dog Park

Debbie   - In favor of Dog Park and will donate $2500 towards it.

Rachel White – Supports the Dog Park

Andrea Nathanson – Best thing for the town.

Gerri Anderson – Greatly supports

Patrick Manning - Need to consider the dog leash law on the beach it is not working - maybe this will help.

Jennifer Quirk - Landscape the whole area.

Denny Camino – support the dog park

Jen Cromwell – Important to have.

            Maria Bizzotto - Dog Park is ideal for dogs that have to be on leashes.

Mary DeRocco – Representing neighborhood at Jerome Smith - Support Dog Park but not in a residential neighborhood, but does support the Cumberland Farms location.

Michael Fernandez - Concerns of the Disability Commission is that it is quite risky and not a safe crossing. Support the Dog Park and the location 100% - just hopes that the Board of Selectmen will take into account the modification of the crossing area.

Jacquie Kelly - Supports the dog park.

Jonathan Sinaiko - Great idea if you ban dogs from the beach.

Tom Niccollati - Do agree with previous speaker.  Needs to be policed by people itself.

Barbara Rushmore – Feels if people want a place for their pets they should pay for it themselves and not the townspeople. 

Dr. Marilyn Glasser - People who are heading up the idea are doing an outstanding job. 

Sheila LaMontagne - Very rare that she sees a dog on a leash on the beach. Several problems with dog excrement and unleashed dogs and she’s had to call the police on many occasions.  Only supports Dog Park if the leash law is 100% supported.

 

            Candice Nagle - Read statement into the record.  See attachment #1

 

Board of Selectmen’s Comments

 

Pam Parmakian - Do you see these sites being open 24 hours a day? Answer – No.  Dawn to dusk policy.  You designated 20 parking spaces at the Cumberland Farms site – do you see an income in this area.  Yes – approximately $10K Ruth Ann Cowing - Town by-law - Dogs must be on leash at all times. Fine is $100.

 

Michele Couture - Totally support Dog Park at the Cumberland Farms area – something that has been too long in coming. Healthy for dogs and humans. Cost is negligible for the water hookup.  Have our Recreation Director as contact in case something happens.

 

Lynne Davies - In full support of the Dog Park.  Suggest that the fence go at lest 6 ft high. Concerns that there is a safe entrance and exit as long as the appropriate staff signs off on this, I have no problem with it.  What is approximate start up cost?  Answer - $28K and we have around $20K in donations already.  Figure for ongoing cost? Answer – between $5 and 10K a year. 

 

The town is on a tight budget and we need to have some assurance that the cost of the park is not going to fall on the town at some point.  I don’t want to see us give up the beach in place of this.   And there will be an agreement between the town and the dog park for the lease of the land?  Answer - Yes

 

Austin Knight - I want to see that there are funds to set this park up and that a bank account is there to pay for the cost of everything, and I hope it will be part of the motion and not end up being a burden to the town.

 

MOTION: Move that the Board of Selectmen vote in favor of locating a Dog Park at the leach field by Cumberland Farms to become available at such a time as the staging area becomes free; and 1) to instruct the Town Manager to direct the DPW to install the appropriate water service to the park; and 2) further to have the Town’s Recreation Director be designated as a contact person when the appropriate funding is in place. 

 

Motion by:  Michele Couture       Seconded by: Pam Parmakian         Yea  5  Nay  0)

 

 

1B       WASTEWATER PROJECT

Recommendations for Rate Relief for the Users of the Sewer System / Joint Mtg. with Water and Sewer Board.

 

Water & Sewer Board Attendees:  Jonathan Sinaiko, Kathy Meads and George Haunstrup

 

Other attendees: DPW Director David Guertin, DPW Wastewater Systems Coordinator Ron Gamella, DPW Financial/Administrative Coordinator Dana Farris, Wastewater Facilitator John Goodrich, Financial Consultant Mark Abrahams


Opening Remarks by John Goodrich

 

         As we discussed with the Selectmen at the July 16th Meeting, the Financial Analysis prepared by consultant Mark Abrahams presents a very positive story: the decision to move ahead with the construction of the Phase 2 sewer extension has turned the deficits from earlier years into a surplus that can be used for Rate Relief.

 

         Construction continues to proceed on schedule and on budget, and the Department of Public Work’s community outreach program has successfully addressed the concerns that have been raised.

 

         Since the 2007 fiscal year ended on June 30th, very close to the projections, we are still working with the same financial numbers and projections that Mr. Abrahams presented to you in July.

 

         As recommended by Mark Abrahams, and agreed to by the Board at your July 16th Meeting, an adjustment to the Fiscal Year 2008 indirect cost line item will be included with the other budget adjustments that will be brought to the voters at the November 5th Special Town Meeting.

 

         As recommended by the Board at the July 16th Meeting, the Wastewater Enterprise Fund should also be include in this line item in the FY 2009 budgeting process which begins this November.

 

         The recent finalizing of the land purchase for the 90 Shank Painter affordable housing project means that one-half of the 20,000 gallons set aside for affordable housing will be used as projected.

 

         However, no other housing or additional “late comer” interest has been identified for the remaining 10,000 gallons. Unless these gallons begin to generate revenues within 2 years the projected surplus will probably disappear, and the Enterprise Fund may end up with a deficit instead in future years.

 

         Identifying housing projects or other users for these gallons is an important priority. If the Town moves forward with Rate Relief, this should encourage more late-comers to connect to the sewer.

 

         DPW Director David Guertin met with representatives from the US Department of Agriculture on August 22nd to review the Town’s submission for a Grant to cover the costs of the Manor sewer connection. Mr. Guertin has already provided the Board with a written summary of this meeting.

         The USDA funding cycle is tied to the Federal budget and we expect to know the amount of the Grant in November.

 

         The goal that was reviewed with the Selectmen at the July 16th Meeting is to cut the sewer user charges in half to bring them in line with the average for all Massachusetts’ municipalities. The second option presented to the Selectmen is to cut the sewer charges by one-third as an interim step towards reaching this goal. Both options involve important policy decisions by the Selectmen, the Water & Sewer Board, or by both. 

 

         Based upon feedback from property owners located in the sewer service area, a significant reduction in the sewer user charges would encourage more property owners to connect. Therefore, we can expect that the remaining Treatment Plant capacity will be in high demand if there is Rate Relief. More flow from more connections will mean a larger surplus for Rate Relief and a reduced need for any subsidy from the General Fund.

 

         On the other hand, if there is little or no Rate Relief, we do not expect that many more properties will want to connect to the sewer.

 

         As discussed with the Board at the July 16th Meeting, the sewer user revenues from those properties that are already connected to the sewer system are providing most of the revenue for the debt payments on the costs already incurred to serve those property owners who have not yet connected to the sewer – the so-called “Red-dot delay” properties.

 

         From a “fairness” standpoint, taxpayers may not be in favor of supporting Rate Relief through a subsidy from the General Fund until all of the planned-for sewer users are asked to pay their fair share of the costs that have been incurred on their behalf. This is the big policy trade off: should the taxpayers be asked to fund Rate Relief, or should the “Red-dot delay” properties be asked to begin paying their full share of the costs?

 

         Since the downtown sewer system was built primarily to serve businesses, 15 commercial properties account for most of the additional revenue that will come from the “Red-dot delay” properties when they connect. Only 3 of these commercial properties are already paying their betterment; the other 12 account for 80% of the total delayed betterment revenue each year.

 

         At the July 16th Meeting, the Board asked the Wastewater Team to determine if the Town could require the “Red-dot delay” properties to begin paying their betterment, but delay hooking up until failure. Town Counsel has informed the Town that the Special Legislation does not allow the Water & Sewer Board to assess the betterment until the property connects.

 

         Therefore, the only policy option that is likely to generate additional revenue from these properties is to require them to connect.   Because of the very important policy issues that are involved, the Wastewater Team recommends that the Town provide for ample opportunity for discussion and public input to this important decision-making process.

 

         The Report in your Packet explains the procedures that we believe would need to be followed to change any of the existing policies, including:

          •      A reduction in the sewer user charges

          •      A subsidy from the General Fund for Rate Relief, or

          •      Requiring the “Red-dot delay” properties to connect to the sewer.

 

         The two tables in your Packet summarize the General Fund subsidy needed to achieve Rate Relief for the policy options discussed at the July 16th Meeting. Table 1 shows the General Fund subsidy needed to achieve either a 50% or a 33% Rate Reduction, and the financial trade-off between the amount of subsidy needed from the General Fund versus requiring the “Red-dot delay” properties to connect.

 

         The policy trade-off is very clear from the numbers shown in Table 1:  should the taxpayers be asked to fund Rate Relief, or should the “Red-dot delay” properties be asked to begin paying their full share of the costs first?

 

          The Wastewater Team recommends the following to the Board: 

 

         The Financial Analysis has shown that the Wastewater Enterprise Fund is projected to have a surplus and significant Rate Relief for the sewer users is long overdue.

 

         At the same time, it is very clear that it will require both a substantial General Fund subsidy and a requirement that all the “Red-dot delay” properties connect in order to achieve the goal of a 50% rate reduction. Such important policy issues should involve careful public review and input before any major policy changes are made.

 

         Therefore, the Wastewater Team recommends that the Town implement a 33% reduction in the Sewer User Charges as an interim step, starting with the Fiscal 2009 year, which begins July 1st, 2008.

 

         This interim rate reduction can be achieved by including a line item in the upcoming FY 2009 budgeting for the Wastewater Enterprise Fund for a subsidy from the General Fund in an amount estimated to be $125,000. Once the budget has been approved by the April 2008 Annual Town Meeting, then this Rate Relief can go into effect. To be very clear about the timing, the proposed request would not be a part of the current year budget adjustments to be brought to the November 5th Special Town Meeting.

 

         The Wastewater Team has drafted a Motion for the Selectmen to vote on for this policy recommendation.

 

         In addition, the Water & Sewer Board has requested that the Selectmen approve their vote to increase the surcharge assessment (the “betterment”) charged to the “Red-dot delay” properties as of October 1, 2007, to be consistent with the rate that will be charged to all properties that will be connecting to the Phase 2 sewer system.

 

The Wastewater Team has also provided the Board with a written update in your Packet for both the Phase 2 construction, and the Phase 1 optimization review. The downtown collection system optimization review will be presented to the Board at your November 13th Meeting – there is a misprint in your Packet as to the date. Both Brian Dudley of the DEP and Rob Adams of Metcalf & Eddy will attend that meeting. We will discuss all of the economic development permit requests- such as the Wired Puppy - at that meeting.

 

Open discussion ensued.  

        

            MOTION: Move that the Board of Selectmen vote to approve the rate change voted by the Water & Sewer Board to increase the assessment surcharge (the “betterment”) for any Red Dot Delay property to be assessed a betterment after November 1, 2007 from the current rate of $39.08 to the Phase 2 rate of $45.00 per GPD.

 

Motion by:  Michele Couture      Seconded by:  Austin Knight      

                                 Yea  4   Nay  1  (Mary-Jo Avellar)

 

MOTION: Move that the Board of Selectmen vote to direct the Town Manager to include a General Fund subsidy for the Wastewater Enterprise Fund in the FY 09 budgeting process so that once the budget is approved at the April 2008 Town Meeting, a 14% reduction in the sewer user charges can go into effect.

 

Motion by:  Michele Couture      Seconded by: Pam Parmakian for Discussion            

                           

                                        -   Motion Withdrawn   -

 

MOTION: Move that the Board of Selectmen vote to direct the Town Manager include an adjustment for sewer costs for all Town owned building expenses that are served by the sewer together with the indirect cost adjustments to be brought to the November 5, 2007 Special Town Meeting.

 

Motion by:  Pam Parmakian       Seconded by: Austin Knight    

                               Yea  4   Nay  1  (Mary-Jo Avellar) 

 

Michele Couture recused herself and left the room as she lives and owns a business across from Town Hall.   

 

1C       NOISE BY-LAW

           

            MOTION:  Move that the Board of Selectmen vote schedule a Public Hearing on Noise By-Laws for Monday, September 24, 2007.

 

Motion by:  Pam Parmakian         Seconded by: Lynne Davies       Yea  4   Nay  0

 

Michele Couture returned.

 

2.         PUBLIC STATEMENTS

 

Cheryl Andrews - Congratulated Pam Parmakian and Lynne Davies on how well they have educated themselves on the sewer system since coming on board as Selectmen and updated the Board on how the system has evolved over the years.  Noise by-law: take a look at it by zones. Residential issues are different from downtown.

 

Michael Fernandes - We’re all suffering many pot holes from the previous administration and urge all to work together with each other.  Don’t rely on grants.  We need to accept that we are in a healing period.

 

Barbara Rushmore -   Carnival Parade was excellent and well received and the DPW did an excellent job cleaning up.  Question letter from Dana Faris requiring her to hook up to the sewer because she is a Red Dot delay. 

 

Rachel White – Agrees with previous speaker on Red Dot delays. If her Title V ever fails she will have it fixed and not hook up to the sewer.  Noise by-laws have always been a problem. Ceremony at the Monument was spectacular. Go visit the Masons.

 

Rex McKinsey – Pier Corp Manager – Re:  Noise by-laws – current noise by-law waiver takes 90 day processing period prior to the event. This is a problem and he is hoping that this can be address and streamline the process. 

 

3.         SELECTMEN STATEMENTS

 

          Pam Parmakian

 

MOTION: Move that the Board of Selectmen vote to send a letter of appreciation to all those involved in the “Laying of the Cornerstone” Centennial Celebration on Monday, August 20, 2007.

 

Motion by:  Pam Parmakian             Seconded by: Austin Knight               Yea  5   Nay  0

 

         

To Cheryl Andrews – thanks for the educational words and the background history on some of the things you presented on the sewer system.

 

To Rex McKinsey – bringing up ‘special licensing’ - It is one of the Board of Selectmen’s  FY ’08 goals to be looking at all the by-laws.   I agree with you, having done some special promotions and it takes a half-year to get that special license by the time you’re done.  I think that this something that we seriously need to look at.

 

Cell tower options at the Airport – Do I have the support of the Board of Selectmen to continue pursuing this matter? Besides the Airport Commission, I’ve talked to Rep. Peake, Senator O’Leary, Superintendent  Price.  Answer – Yes, no vote necessary – all in favor.

 

          Lynne Davies

 

Extend my thanks to everyone involved in the Pilgrim Monument celebration.

 

Big thanks to DPW.  More people have told me what a great job was done cleaning up after Carnival.

 

Sandpit next to Cabral’s Wharf – looks like a garbage pit and people are throwing thing there.  It smells, etc. – can it be cleaned up?

 

Status on Firehouse #2.  Answer -  Town Manager – Meeting with architect on Friday. 

 

MOTION: Move that the Board of Selectmen vote to send a letter to Truro and Wellfleet Board of Selectmen asking them if they would like to join in creating an Outer Cape Round Table to pursue issues of common interest such as: Energy, Economic Development, Water, Transportation, Money, etc.

 

Motion by:  Lynne Davies              Seconded by: Michele Couture            Yea  5   Nay  0

 

Peak vs. Non-Peak water bills.  I’ve discussed this with Mr. Guertin and a few others and I would like to see us move to a one water-rate schedule. Blend them and come up with one rate schedule that would be billed twice a year at six months intervals with a thought towards the timing as it regards to income.

 

MOTION: Move that the Board of Selectmen vote to send a letter to the Water & Sewer Board requesting that they come up with a rate schedule for our water bills and that the bills be sent out twice a year at six month intervals.

 

Motion by:  Lynne Davies             Seconded by:   Austin Knight

 

Open discussion ensued.  Town Manager - Based on a request made by Ms. Davies in June, the Water Department is doing a study on meters and meter readings that should be available by mid-fall.  Then we will be able to have a discussion regarding those meter readings with an adjustment in mind – as you requested back then.     

  

Schedule this as a future agenda item sometime in the fall.

 

                                                - Motion Withdrawn -

Lynn Davies

 

Again, I want to offer my sincere apologies for anyone who was upset by innuendoes made by the Cape Cod times last week … and to assure everyone that I hold my trustworthiness and my integrity very high, and would not knowingly do anything to jeopardize it. I have filed a disclosure, have contacted the State Board of Ethics, and have been informed that there really wasn’t any issue.  And to let everyone know that I was the one who disclosed this information to the Times reporter, and obviously I would not have done so if I thought that it was going to be taken to the extent that it was.  I’ve learned my lesson, and I’m going to be far more careful in the future. 

         

          Austin Knight

 

We do have a Selectmen & Councilors Association that represents 15 Towns and they have a meeting in September.  I attended the last one and it was very informative. They talked about the housing insurance issues at that time and a lot of towns were represented, so, we do have an opportunity to speak to other towns about various concerns on Cape Cod.  So we do have that opportunity as well.

 

MOTION: Move that the Board of Selectmen vote to send