Town of Provincetown
Meeting of the Water & Sewer Board
Members
present: Jonathan Sinaiko, Chair; Austin Knight; Anne Lord; Sacha Richter
Members
absent: None
Other attendees: Board of Health
Chair Dan Brown; Health Agent Jane Evans; Wayne Perry from EPG; Town Manager
Keith Bergman; DPW Staff David Guertin, Sandy Turner, Dana Faris, and Ron
Gamella.
Call to
Order
Mr. Sinaiko called the meeting to order at 3:06
p.m.
Minutes
Ms. Lord moved, seconded by Mr. Sinaiko, to approve the minutes of the meetings of August 24. The motion carried by a vote of 4-0.
Report of Meeting with Barnstable
County Health Officials
Mr. Guertin reported on the meeting that occurred on September 27 with staff and George Heufelder and Sean O’Brien of the County Health Department. Mr. Sinaiko moved, seconded by Ms. Lord, that the Water & Sewer Board request that the Board of Health take action to get the following delinquent properties to connect to the sewer:
|
Assessors' Map |
Property Addr |
Owner1 |
|
06-2-086 |
90
COMMERCIAL ST |
LONG
FREDERICK ET UX |
|
06-4-147 |
130 COMMERCIAL ST |
CARTER LACEY ET UX |
|
06-4-013 |
141
COMMERCIAL ST |
141-143
COMMERCIAL ST REAL TR |
|
06-4-012 |
143
COMMERCIAL ST |
141-143
COMMERCIAL ST REAL TR |
|
11-1-001-A |
227R
COMMERCIAL ST |
ROSE
BRADFORD |
|
11-3-028 |
253A
COMMERCIAL ST |
HELLER LESTER ET AL |
|
12-1-008 |
351
COMMERCIAL ST |
THOM &
VIGLIOTTI NOM REAL TR |
|
12-2-024-1-00A |
359
COMMERCIAL ST, #A |
MCKENNA
VIRGINIA |
|
12-2-024-1-00B |
359
COMMERCIAL ST, #B |
ARMENGOL CARMEN G ET AL |
|
12-2-024-1-00C |
359
COMMERCIAL ST, #C |
ARTERTON
JONATHAN |
|
12-2-024-1-00D |
359
COMMERCIAL ST, #D |
DEVINE PATRICK H ET AL |
|
12-2-024-1-00E |
359
COMMERCIAL ST, #E |
ALLOWAY
LINDSAY R |
|
12-2-024-1-00F |
359
COMMERCIAL ST, #F |
MCKENNA
VIRGINIA |
|
12-2-024-2-00G |
359
COMMERCIAL ST, #G |
MEWS
WATERFRONT SHOPS INC |
|
12-2-024-2-00H |
359
COMMERCIAL ST. #H |
MEWS
WATERFRONT SHOPS INC |
|
12-2-024-2-001 |
359
COMMERCIAL ST, #1 |
NIEMAN
WALTER W |
|
12-2-024-2-002 |
359
COMMERCIAL ST, #2 |
HERBERT
BARBARA |
|
12-2-024-2-003 |
359
COMMERCIAL ST, #3 |
STUTSMAN
LESLIE C |
|
12-2-024-2-004 |
359
COMMERCIAL ST, #4 |
ALVIN S
TIBBETTS REV TR |
|
12-2-022 |
361
COMMERCIAL ST |
TONGA TR |
|
12-2-023 |
361A-C
COMMERCIAL ST |
CHINA TR |
|
12-4-006 |
465
COMMERCIAL ST |
BRYANT EUGENE A ET AL |
|
12-4-005 |
467 COMMERCIAL ST |
M L BRYANT LLC |
|
12-4-004 |
471 COMMERCIAL ST |
BRYANT MARIE L |
|
12-4-003 |
473 COMMERCIAL ST |
BRYANT GEORGE D |
|
12-1-099 |
1 BAKER AVE |
TERRAT ANDREW G |
The motion carried by a vote of 4-0.
Supplemental Sewer Surcharge
Assessment
Mr. Faris presented the Board with an order assessing sewer surcharges on the following red dot delay properties who have agreed to connect.
|
Property Address |
|
29 COMMERCIAL ST |
|
67 COMMERCIAL ST |
|
328 COMMERCIAL ST |
|
357 COMMERCIAL ST |
|
521 COMMERCIAL ST |
|
538 COMMERCIAL ST |
|
627 COMMERCIAL ST |
|
649 COMMERCIAL ST |
|
4 DYER ST |
Mr. Knight voted, seconded by Mr. Sinaiko, to issue an order assessing the said properties. The motion carried by a vote of 4-0.
Minimum Sewer Bill
Acting on the Selectmen’s request that the Board schedule a public hearing to consider several options for a minimum sewer bill, Ms. Lord moved, seconded by Mr. Sinaiko, to schedule a public hearing for October 20 at 3 p.m. and to publish the required legal notice of same. The motion carried by a vote of 4-0.
Amendment to Sewer Rules and Regulations.
Mr. Faris provided the Board with draft language from town counsel to amend the Sewer Rules and Regulations to allow for a sewer bank to collect and redistribute surplus gallons. Mr. Knight moved, seconded by Mr. Sinaiko, to schedule a public hearing for October 20 at 3 p.m. and to publish the required legal notice of same. The motion carried by a vote of 4-0.
Other Business
Mr. Gamella reported on the re-examination of red dot delay properties that he is carrying out with the assistance of Mr. Perry of EPG and the Health Agent. One of the purposes of this exercise is to determine whether all the properties currently designated as red dot delays are properly classified as such. Mr. Gamella reported that the review has not turned up any properties that do not warrant the red dot designation.
The Board expressed concern the owner of the Cape Inn, who indicated in the recent survey mailed to property owners that he was not interested in a possible sewer connection, may not fully understand the downside of continuing to pursue on-site wastewater treatment options. Therefore, the Board asked staff to contact Mr. Sateriale to advise him of the benefits of connecting to the sewer.
Mr. Bergman reported on a conversation he had had with John Yingling, the owner of Bubala’s, who indicated that he would be interested in connecting if he were to get the same deal, i.e., $33.68 rate and 0% interest, as the other Phase 1 properties. Mr. Bergman reported that the Selectmen had voted at their September 19 meeting not only to defer the rate increase until October 6 but to offer 0% financing. Furthermore, the Selectmen had offered a 5% discount to any property owner who pays his outstanding betterment balance in full prior to April 1, 2006. The discount would be applied as a credit against future sewer use charges. The Board recommended that staff send a letter to the remaining red dot delay properties apprising them of these enticements to connect.
Mr. Faris reported on a problem that had been brought to his attention by the town assessor regarding the apportionment of betterments for 291 and 293 Commercial Street following conversion of those properties to condominiums. The undivided properties had been assessed betterments based on the residential and commercial uses and licensed capacities in place at the time. Following that assessment, the licensed capacity of the commercial units was reduced—at the request of the property owner—by the Licensing Board. The net result is that there are at present some 707 unallocated gallons. Because the property has been divided and the resulting units are no longer under common ownership, the betterment must also be divided. Mr. Faris explained that he had spoken with the owner, Mr. Boggess, who has indicated that he wishes to hold the surplus gallons in some sort of suspension account and to redistribute them in the future as he may deem meet. Mr. Faris explained that he had pointed out to Mr. Boggess that such as an arrangement is both illegal and contrary to public policy. It was the consensus of the Board that the surplus gallons must either (1) be assigned proportionately to all units in the condominium association, based on their percentage of the total present flow, or (2) be surrendered to the Town for reassignment. After a brief discussion, it was suggested that the owner be offered a third alternative: inasmuch as the surplus gallons essentially result from a reduction in licensed capacity at the commercial units, and inasmuch as the commercial units are all still owned by Mr. Boggess, the surplus gallons may be reassessed pro rata only to the commercial units.
Adjournment
There being no further business, Ms. Lord moved, seconded by Mr. Sinaiko, to adjourn the meeting. The vote carried by a vote of 4-0, and the meeting was adjourned at 4:13 p.m.
Respectfully
submitted,
_________________________
Sacha
Richter, Clerk