Provincetown Board of Health

Public Meeting

Thursday, September 15, 2005

Members Present: Jerry Anathan, Dan Brown, Matt Damon, Duane Gregory, Ken Janson

Members Absent: None

Health Agent: Jane Evans

Health Inspector: Brian Carlson

The meeting was called to order at 5:05pm.

Public Comments

Astrid Berg (Pepe’s Wharf): She is outraged about the proposed fee increases and doesn’t see why she has to pay hundreds of dollars for an annual health inspection that lasts for less than one minute. She was informed that the Public Hearing on the fee increases would immediately follow the Public Comments section of the meeting.

Public Hearing: Board of Health Fee Increases

(A chart showing the proposed fee increases is attached.)

Dan Brown identified the purpose of the hearing and explained the board’s rules and procedure for public hearings.

Proponents

The town’s Director of Community Development Doug Taylor spoke in favor of the proposed fees. He said fees cover about 25% of his department’s costs and that the Health Department currently has two people who account for about $150,000 in salaries and benefits. He explained that the proposed fees are based on an analysis of the time spent on each task, including not only time spent directly on the task, but also time spent traveling, coordinating with the county, and completing related paperwork. Time spent by staff in meetings was not included in the analysis. He added that money to fund operations has to come from somewhere and that he thought it is more appropriate for it to come from fees than from taxes.

Department of Public Works Operations Director Sandy Turner spoke next, in favor of the proposed fees for commercial solid waste at the transfer station. She said that the fees paid by commercial haulers are not enough to cover the cost of processing commercial waste, which is 63% of the waste dropped off at the station. Therefore, property owners have been subsidizing commercial haulers by making up the difference. She submitted to the board documentation detailing her calculations (attached). She explained that she basically took the total cost of processing commercial waste and divided it by the total weight of commercial waste to give her a cost per ton of $143.58. To get to that amount from the current rate of $79.20, she recommended increasing the hauling fee $16.10 every six months through July 2007.

Health Agent Jane Evans then informed the board that she had compared the proposed fees to those of other towns on the Cape and that they are all in the same range. She said some of the fees may be on the high end of the scale, but are still in line with what other towns are charging.

Questions to Proponents from the Board

Duane Gregory asked for clarification on whether transfer station fees were part of the hearing. The health agent explained that the transfer station fees were advertised as part of the hearing even though the board had not previously reviewed them.

The health inspector asked if the proposed transfer station fees took into account future increases in volume. Sandy Turner replied that no increases in tonnage were factored into her calculations because the volume of waste has remained fairly constant for years.

Dan Brown asked if the tonnage fees are on top of the Commercial Hauler’s Permit. Sandy Turner responded that the two fees are separate.

Ken Janson asked if increased fees would mean a lower budget request at Town Meeting. Doug Taylor responded that revenues from fees get mixed together with tax revenues in a general fund, which is used to pay expenses.

Dan Brown asked when the fees were last increased. The health agent responded some time in the late 1990s with some minor adjustments in 2003. She added that none of the previous increases that she knew of had been as profound as this. Doug Taylor added that he would prefer to bring the fees up to where they ought to be all at once rather than to come back every year for increases.

Questions to Proponents from the Public

Ingrid Berg asked how the proposed fees were calculated because the percentages are not similar. The health agent responded that she based the proposed fees on the amount of time expended for each task. Ms. Berg then commented that she didn’t think her one brief inspection a year was worth an increase from $175/year to $400/year. She added that she expects more for that amount of money. The health agent explained that she was the only person on staff this past summer, which resulted in fewer inspections and caused the town to rely on the county for some inspection services. She promised that restaurants will see better and more frequent services now that the town has a full-time health inspector. Ms. Berg then asked if the fees will go toward staff and commented that she would like to see year-round restaurants inspected about three times a year. Jane explained that the money would help pay for inspections—and re-inspections—and noted that larger restaurants require more time and effort and, therefore, should pay higher fees.

Steve Roderick asked if the increased revenues from the proposed fees would be used to pay for a full-time health agent. Doug Taylor replied that he believes the health department needs the equivalent of two full-time employees, with the health inspector’s duties accounting for about 133% of the work and the health agent about 66%. He noted that the health agent had been responsible for all 200% while the town didn’t have a health inspector and that even with a new health inspector the department was still stretched. He mentioned that he would like to use the county more. Short answer: The fees are intended to fund the staff as it exists now.

Ms. Berg said that she still didn’t see where the costs were to justify the increases. Mr. Taylor explained that the fees for some tasks—test holes for example—are not commensurate with the amount of time and effort required to perform them. He added that none of the fees are easy and that they all hurt, but that fees are a part of doing business. He said he hates to see anyone pay a fee but that it’s fairer for the person benefiting from the services to pay the fee than for taxpayers to pay for them.

Mr. Roderick asked why there weren’t any research fees for property transfers. The health agent commented that it was a good idea and noted that some towns charge upwards of $50 for services related to property transfers.

Opponents

Jill Vaughan introduced herself as the owner of Essentials. She said the town’s economy is based more on real estate than on businesses and that fees should reflect that balance. She said she did not think the tobacco sales permit and retail food fees were proportionate to the services received for them. She also said the fees would be unfair to small businesses since they would have a tougher time absorbing them than larger companies.

Steve Roderick introduced himself, mentioning that his family owns and operates James J. Roderick, Inc., a local septage hauler, trash hauler and septic system installer. He recommended combining the septic permit and installation inspection fees or to get rid of the inspection fee altogether. He also recommended separating the septic permits for upgrade and repair since a repair could cost as little as $50 for a D box while an upgrade could be much more expensive. He noted that septage haulers must be licensed in every town they travel through to get to TriTown, resulting in already higher costs for Provincetown-based haulers. He argued that the figures used for commercial waste at the transfer station are inflated because some of it is residential waste brought in by commercial haulers. He claimed that recycling is a losing proposition for local haulers because haulers who don’t use the transfer station don’t have to pick up recycling. He added that businesses don’t get trash pickup from the town but don’t get a break from the town for it. He praised the health agent for her work and said that the 21% increase in fees could be justified if used for a raise, but that no one is getting a 21% raise. He felt the proposed fees are being used to cover other shortfalls.

Ingrid Berg said that she understood Mr. Taylor’s response to the increases but wondered if they could be phased in. She argued that the town was slowly bleeding businesses dry and said she was disappointed more businesses did not show up for the hearing.

Ann Colbourn identified herself as working for Flyer’s Boatyard. She agreed with the other business owners, saying that it’s becoming more and more difficult to do business. She said businesses pay the same real estate tax but get fewer services. She felt that the town should not continue to rely on small businesses to raise money.

Massage therapist Michael Rogers submitted a letter in opposition to the proposed increases in fees related to his profession (attached).

Questions to Opponents from the Board

There were none.

Questions to Opponents from the Public

There were none.

Concluding Statements from Proponents

Doug Taylor said that there is a revenue shortage in his department and that the proposed fees would help get his department on an even keel. He said the proposed fees would not go into the town’s general coffers.

Concluding Statement from Opponents

There were none.

The chair thanked everyone for their contributions and called the hearing to a close at 6:05pm.

New Business

15 Cottage Street
Title V Variances

Alan Cabral of Felco Engineering presented the plans on behalf of the Kensington Gardens Condominiums. The property has 14 bedrooms and is served by three cesspools and a 2,000 gallon septic tank. The upgrade is voluntary. The health agent reported that the requests are for minor setback variances and, therefore, do not have any environmental impact. She added that the proposed location for the system is the most appropriate given the size of the lot. Ken Janson mentioned that the property had come before the board previously and that there was a question about the number of bedrooms. The health agent said she had verified the bedroom count and that a deed restriction should reflect that number.

Motion: Dan Brown offered a motion to approve the septic installation plan for 15 Cottage Street (Felco job #05073) with the following variances:

· 7 feet (instead of the required 10 feet) from the septic tank to a lot line (Cottage Street)

· 5 feet (instead of the required 10 feet) from the soil absorption system to a lot line (Cottage Street)

subject to the condition that a master deed restriction limiting the property to 14 bedrooms be recorded at the Barnstable County Registry of Deeds and that proof of the recording be submitted to the health agent. Jerry Anathan seconded the motion. It passed 5-0-0.

7 West Vine Street
Title V Variances

Duane Gregory stepped down from the case and left the room.

Alan Cabral of Felco Engineering presented the plans on behalf of the owner, Mr. Thadd D. Papetsas. The property is currently served by a cesspool. The upgrade was triggered by renovations to the property. The health agent reported that she had done a walk-through of the property and determined that is has three bedrooms. She added that the proposed location of the system requires the fewest variances and that all environmental concerns had been addressed. Ken Janson noted that the plans showed two kitchens for Unit 1, which would bring the number of bedrooms to four. The health agent said that there was only one kitchen when she did her walk-through and that the second kitchen is an error on the plans.

Motion: Ken Janson offered a motion to approve the septic installation plan for 7 West Vine Street (Felco job #05068) with the following variances:

· 8 feet (instead of the required 10 feet) from the soil absorption system to a lot line (parcels 57 & 62)

· 5 feet (instead of the required 10 feet) from the septic tank to a lot line (West Vine Street)

· 9 feet (instead of the required 10 feet) from the soil absorption system to a crawl space (locus)

· 7 feet (instead of the required 10 feet) from the septic tank to a crawl space (locus)

subject to the following conditions:

· a deed restriction limiting the property to three bedrooms be recorded at the Barnstable County Registry of Deeds and proof of the recording be submitted to the health agent

· a revised floorplan not showing a kitchen on the second floor of Unit 1 be submitted to the health agent.

Jerry Anathan seconded the motion. It passed 4-0-0.

Duane Gregory then re-entered the room.

2 Aunt Sukey’s Way
Title V Variance

William Rogers presented the plans on behalf of the owners, S. Peter Codinha et ux. The property is currently served by an old-code leaching trench. The upgrade is voluntary. The health agent reported that the property has four bedrooms, which was verified by a walk-through. She added that the proposed location of the system is the most appropriate. The only other location, in the rear of the lot, would not only require costly plumbing changes but also bring groundwater issues into play because of the steep drop in elevation.

Motion: Ken Janson offered a motion to approve the septic installation plan for 2 Aunt Sukey’s Way (plan #P-05-0509 A) with a variance allowing the soil absorption system to be located 10 feet (instead of the required 20 feet) from a cellar wall (locus) subject to the condition that a deed restriction limiting the property to four bedrooms be recorded at the Barnstable County Registry of Deeds and that proof of the recording be submitted to the health agent. Matt Damon seconded the motion. It passed 5-0-0.

Motion: Dan Brown offered a motion to take the Harbor Water Quality Discussion item out of order. Duane Gregory seconded the motion. It passed 5-0-0.

Discussion

Harbor Water Quality

Pier Manager Rex McKinsey and Ann Colbourn of the Harbor Committee met with the board to discuss efforts to improve the quality of the water in Provincetown Harbor. It was felt that a number of entities (the Board of Health, the Pier Corp., the Harbor Committee, the Conservation Committee, DPW, and the National Seashore) have a direct interest in the overall health of the harbor and the quality of its water, but that all were acting independently toward similar goals. More coordination is needed in order to maximize our limited resources.

As a next step, Rex offered to ask someone from the Department of Environmental Protection to sit down at a meeting with the various entities to discuss the state’s efforts and how the town may be able to benefit from them.

New Business (continued)

Administrative Consent Orders

The health agent provided members with copies of the board’s previous criteria for prioritizing hookups to the town sewer. After some discussion, the board arrived at the following criteria:

1. Properties within or abutting the existing sewer system

2. Properties with a failed or failing septic system (based on the Title V definition of failure or on a determination of failure by the Board of Health)

3. Varianced septic systems with priority given to the following:

a. Distance to groundwater

b. Distance to wetlands

c. Reduction in size of soil absorption system

4. Harbor-side properties

5. Properties with a mounded or raised septic system.

It was noted that all ACOs approved by the board must be subject to subsequent approval by the Board of Selectmen.

Motion: Dan Brown offered a motion to take the health agent’s report out of order so that she could leave the meeting early. Duane Gregory seconded the motion. It passed 5-0-0.

Health Agent’s Report

The health agent noted the list of red dot delay properties in the members’ meeting packets, advising the board that the issue of whether or not the properties should be required to hook into the town sewer would likely come before them soon.

The health agent then left the meeting.

Approval of Minutes

The board decided by consensus to postpone consideration of the September 1, 2005 minutes to the next meeting in order to make sure the accompanying attachment is included.

Any other business that shall properly come before the board

Board of Health Fee Increases

Motion: Duane Gregory offered a motion to continue the board’s discussion of the proposed fees to the next meeting. Jerry Anathan seconded the motion. It passed 5-0-0.

Oil Storage Tanks

Duane Gregory informed the board that the fire department was suddenly performing inspections of oil tanks even though the regulation had been on the books for a while. The inspections, which are triggered by the sale of a property, could delay pending closings. Further, some sellers could suddenly have an unanticipated expense upwards of $2,500 if the tank needs to be replaced. She felt that there should be some kind of public notice and delay in implementation. It was unclear whether the inspections are a local or state requirement. The health inspector will investigate the matter and report back at the next meeting.

Health Inspector’s Report

The health inspector reported that everything was covered in the meeting.

Board Members’ Statements

Dan Brown suggested that members start thinking about the board’s priorities for the next year. He noted that the budget process was fast approaching and that funding requests for the board’s efforts would need to be submitted soon.

Motion: Duane Gregory offered a motion to adjourn. Matt Damon seconded the motion. It passed 5-0-0.

The meeting adjourned at 7:25pm.

Respectfully submitted,

Evelyn Gaudiano

Evelyn Rogers Gaudiano

Approved by ____________________________on ______________, 2005.

Dan Brown, Chair