Town of Provincetown

Meeting of the

Water & Sewer Board

 

Wednesday, February 16, 2005

 

Grace Gouveia Building, 26 Alden Street, Provincetown

 

Members present:  Jonathan Sinaiko, Chair; Anne Lord; Sacha Richter

 

Members absent:  None

 

Other attendees:

DPW Director David Guertin; DPW Staff Ron Gamella, Ryk Tyszka; Health Agent Jane Evans, members of the public

 

Call to Order

Mr. Sinaiko called the meeting to order at 3:03 p.m.

 

Minutes

Ms. Lord moved, seconded by Mr. Richter, to approve the minutes for the meeting of February 2, 2005. The motion carried 3-0.

 

Abatement Applications

Staff presented the following recommended abatements of FY 2005 water charges:

Bill

Name

Sewer Charge

Reason for Abatement

1009

Joyce Bailey

$3,736.33

500% policy

7116

Pauline Saunders

$681.83

500% policy

5413

Ruth O’Donnell

$542.83

500% policy

4217

Muriel Coill Rev. Trust

$3,838.00

500% policy

8018

St. Mary of the Harbor

$971.33

500% policy

885

Race Point Road RT #1

$50.00

Not connected

886

Race Point Road RT #2

$50.00

Not connected

887

Race Point Road RT #3

$50.00

Not connected

888

Race Point Road RT #4

$50.00

Not connected

895

Race Point Road RT #11

$50.00

Not connected

896

Race Point Road RT #12

$50.00

Not connected

690

Barbara Murchison

$5,565.83

500% policy

6215

Provincetown Airport

$6,000.00

Misread

9845

Donald Cote

$1,223.00

Misread

9000558

Bluelight LLC

$18,331.50

New meter not at zero

710

Brotchie Family RE Trust

$87.00

Meter calibrated in cubic feet, not gallons

167

Susan DiRusso

$37.50

Smoothing due to underreads

897

Theodore C. Rodes

$50.00

Not connected

493

Whalers Wharf LLC

$896.00

Meter calibrated in cubic feet, not gallons

7607

Off Front Street Cd.

$1,780.00

Clerical error

Mr. Sinaiko moved, seconded by Mr. Richter, to grant these abatement applications.  The motion carried by a vote of 3-0.

Staff presented the following recommended denials of abatement of FY 2005 water charges:

Bill

Name

Reason for Abatement

 

 

169511

Bay Colony Cd., Bldg. 16

Does not meet 500% policy threshold

 

2411

Mark Melen

Does not meet 500% policy threshold

 

477

Robert Winge

Does not meet 500% policy threshold

 

3613

Ann Cartwright

Does not meet 500% policy requirements for non-fixture leaks

Ms. Lord moved, seconded by Mr. Sinaiko, to deny these abatement applications.  The motion carried by a vote of 3-0.

 

Request for Sewer Hook-up – 5 Pearl Street

Brian DiLaurentiis presented to the board his reasons for seeking a sewer hook-up. 

Anne Lord recused herself because her husband was the owner of the property for the timeframe in question; she left the room.

Mr. DiLaurentiis based his argument on whether the submission by the previous previous owner, on April 25, 2001, was timely. He says the statute enabling the sewer allows a connection only if the owner signifies an intent to connect “prior to the commencement of final design and construction of the sewer system.”  He displayed the June 28, 2001 edition of the Provincetown Banner that said, in part, that the selectmen signed the contract for the final design and construction of the sewer on June 27, 2001.  Further, Mr. DiLaurentiis said that according to the Sewer Regulations §4-C, “Property owners who have issued written requests to the Town to connect to the sewer system and have not issued a written retraction of that request to the Board, by July 18, 2002 shall not be allowed to opt out of participation in the sewer system or payment of the betterment assessed by the Town.” and furthermore §5-A says that, “The submission of an owner response form to the Water and Sewer Board indicating that the owner wished to connect created a contract between the Town and the property owner whereby the property owner must connect to the sewer and must pay the betterment assessment to be assessed by the Town.” [Emphasis in the original.]  Mr. DiLaurentiis opined that a “quasi-political” deadline of February 1, 2001 designed to help the town gauge the interest in the sewer system going into town meeting.  Town meeting approved the system in April 2001. 

 

Mr. Sinaiko asked for Mr. Guertin’s opinion on the matter.  Mr. Guertin suggested that the matter be taken under advisement and that a written opinion be issued.

 

No motions were made.

 

Ms. Lord returned to the meeting.

Laundromat Update

Mr. Guertin reported that Mr. Boggess has met with his architect and been working to correct building, sprinkler and electrical deficiencies in the building.  Despite his best efforts he will not be able to open April 1, but he continues to work to get all the necessary work completed.  Based on reports, and the demonstration of Mr. Boggess’ good intentions, Mr. Sinaiko moved, seconded by Ms. Lord, to grant to Mr. Boggess a six-month extension of his date to perform under the original contract.    

 

Public Statements

John Drews, 6 Gosnold Street appeared to dispute the Title V flow assigned to his property, based on the number of bedrooms.  He asserts he has four bedrooms, whereas a January 2005 inspection revealed six bedrooms.  Ms. Evans will do an additional inspection walkthrough with Mr. Drews to resolve the matter. 

Richard Murray inquired about the number of Phase I properties and how many are connected.  He also complained about the sewer rate. He said that he has been unable to pay the bills, which accrue interest.  He says he doesn’t want to “turn the Crown into condos.”  Discussion ensued. 

Mr. Sinaiko moved, seconded by Ms. Lord, to revisit and study the dates of the “old” peak period, and examine them and see if we can go back to those dates without jeopardizing the fundamental elements of the system.  The motion carried 3-0.

 

Adjournment

There being no other business to come before the board, Mr. Sinaiko moved, seconded by Mr. Richter, to adjourn the meeting.  The motion carried 3-0, and the meeting was adjourned at 4:35 p.m.

 

Respectfully submitted,

 

 

_________________________

Sacha Richter, Clerk