The INTERMUNICIPAL WATER AGREEMENT made within the
County of Barnstable, the Commonwealth of Massachusetts, on the fifth day of
December, 2000 between the TOWN OF PROVINCETOWN AND THE TOWN OF TRURO, acting
by and through their respective Boards of Selectmen as authorized by votes of
town meeting under MGL Chapter 40, section 4A, which has previously been
extended through December 31, 2004 is hereby extended through December 31, 2008
upon the same terms and conditions set forth therein except as modified below:
PURPOSE: To protect the
water resources within the Town of Truro in such a manner that both the Town of
Provincetown and the Town of Truro shall insure the people of both towns of
future adequate and potable water supplies.
WHEREAS, The Town of
Provincetown, through the special legislation of Statutes of 1907, Chapter 483,
Section 1, and Statutes of 1952, Chapter 439, Section 2, has been empowered to
take and has taken two (2) parcels of land within the Town of Truro, to sink
water wells upon them, and to transport water so obtained through the Town of
Truro for use by inhabitants of the Town of Provincetown and inhabitants of the
Town of Truro.
AND WHEREAS, the Town of
Truro, is deeply concerned about the protection of its water resources and the
protection of its existing water table and the future use of such water table:
AND WHEREAS, the parties
first entered into an intermunicipal water agreement on August 17,1982, which
agreement, as amended, has been extended through December 31, 2004
BE IT THEREFORE RESOLVED
AND AGREED:
1A. The Town of Provincetown
agrees and covenants that it will not increase the
area within the Town of Truro to be utilized as well fields for Provincetown
beyond that existing on December 31,1981, by exercise of its eminent domain
powers under Statutes 1907, Chapter 483, and Statutes 1952, Chapter 439; nor
will the Town of Provincetown sink more wells in its present sites unless
and until agreement with such changes is granted by the Truro Board of Selectmen.
1B. In order to
facilitate the development of the North Union Field as a redundant water supply
source, the Town of Provincetown may acquire by lease, purchase, gift, devise,
or otherwise North Union Field, so-called, [located on Map 40 and composed of
lots 71, 73, and 77], pursuant to Chapter 439 of the Acts of 1952, upon terms
mutually agreeable to the boards of selectmen of Provincetown and Truro here in
referred to as the parties, and subject to all required approvals. North Union
Field is understood to produce a quantity of water sufficient to equal the
quantity obtained from the North Truro Air Force Base wells (330,000 GPDs). The
boards recognize, pursuant to CCNS Special Use Permit Conditions 31a and 31b,
Provincetown must submit to CCNS by October 15, 2004 its action plan for
replacing the NTAFB wells. Accordingly, Provincetown will prepare an October
15, 2004 submission to the CCNS with an action plan indicating North Union
Field as the replacement for NTAFB wells, and provide Truro the opportunity to
review and co-submit that action plan to CCNS. The Boards further recognize
that bringing North Union Field on line in approximately six years constitutes
part of the redundancy for South Hollow and all of the replacement of the NTAFB
wells.
1C. The Boards of
Selectmen of the Towns of Provincetown and Truro hereby commit themselves to
developing water supplies that will constitute a fully redundant source to the
existing South Hollow Well Field (800,000 GPDs), as required by DEP, and to
develop by December 31, 2006 a plan for achieving such redundancy.
2. The Town of Truro
agrees and covenants that, in consideration of the above, it shall not
introduce or reintroduce any form of legislative bill or take any, other action
which would restrict in any way, the taking of water from within the Town of
Truro by the Town of Provincetown, as long as this agreement remains in effect
or, unless the taking of water from Truro by Provincetown is shown to be
detrimental to the Town of Truro.
2A. The Town of
Truro agrees to cooperate with the Town of Provincetown in the pursuit of
payment of unpaid water bills from properties in the Town of Truro.
3A. The parties shall jointly
establish, maintain, and support a standing Pamet Lens Oversight Group (PLOG)
comprised of two representatives from each Town, appointed by their respective
Boards of Selectmen. Alternate members may also be appointed. PLOG is an
advisory group charged to make recommendations to both boards of selectmen. The
Boards of Selectmen retain all executive and policy authority with regard to
all matters covered by this intermunicipal agreement. PLOG will adhere to its
charge, which will include, as a minimum, oversight of the implementation of
and adherence to all components of this IMA and the development of its several
plans, as follows:
1)
A Conservation Plan to focus on preservation of
Pamet Lens groundwater. This plan will include but is not limited to: the
reduction in unaccounted-for water; the restriction of water use in times of
drought or emergency; and the development of a program of public education to
promote wise use of potable water.
2)
A Watershed Management Plan as set for in 5B,
below
3)
A Water System Master Plan as set forth in 5C, below
Issues that cannot be resolved by the group will be
presented to a joint meeting of the two Boards of Selectmen for resolution.
3B. The Town of
Provincetown agrees and covenants that it will continue to supply the Town of
Truro with monthly reports substantiating usage from its present sources, The
Boards of Selectmen of the Towns of Provincetown and Truro agree to meet at
least twice a year for the purpose of making joint findings about the
Provincetown Water System. Such joint findings may include, but are not limited
to, results of the most recent meter readings; system pumpage and consumption
figures and the calculation of "unaccounted for" water; what actions
each Town has taken regarding water conservation and growth management. The
Boards may also jointly make five-year projections regarding future water
pumpage and consumption for the Provincetown Water System.
3C. The parties agree jointly to develop,
implement, and oversee public outreach programs, including a joint resource
conservation plan for the Pamet Lens; jointly to monitor and approve water
usage, quality, and adequate water pressure throughout the System; and to issue
annual statistical reports that summarize system operations.
4. The Town of Provincetown, further agrees to supply the Town of
Truro with plans for any requested expansion, development or change in use from
those conditions generally in effect prior to December 31,1981, of the water
sources under its control within the Town of Truro. The Town of Truro further
agrees to obtain the permission of the Town of Provincetown for any expansions
of the Provincetown Water System in Truro.
Such infrastructure changes or expansions must be mutually agreed upon
by the Board of Selectmen, Town of Truro and the Board of Selectmen, Town of
Provincetown, before any implementation of such changes or expansions.
5A. The Town of Truro
further covenants and agrees that during the term of this agreement or any
extension of it, it will actively support and cooperate with the Town of
Provincetown with respect to planning for and implementation of long-range
water supplies and with respect to the improvement of present water supplies
for the mutual benefit of both towns.
5B. Watershed Management Plan. The parties agree to
jointly develop, fund and adopt a watershed management plan for the Pamet Lens
that coordinates current withdrawals across all well fields and wells; recognizing
the limited and fragile nature of the supply and consistent with the
multi-straw approach, so called. This
Plan is to focus on the protection of streams and wetlands thereby protecting
and preserving the Pamet Lens. This plan will include but is not limited to
prevention and control of point and non-point source pollution, goals to be
accomplished by determining and mapping
the size, boundaries, topography and soil type of the watershed(s)
within the Pamet Lens, and by systematic evaluation and monitoring of land-use
trends in the watershed(s). Such plan shall provide for environmental
monitoring consistent with the
requirements of the Massachusetts
Department of Environmental
Protection, and applicable federal, state, and county regulations.
5C. Water System Master Plan The parties agree to jointly develop and
adopt a water system master plan that incorporates projections of future supply
and demand, including new large users and areas of system expansion; identifies
future viable water source; and ensures adequate capacity, including redundancy,
and controls the authorized rate of withdrawal; and pumping schedule for all
well sites. This plan will include but is not limited to the expansion of the
water system, including system expansion within the towns of Provincetown and
Truro. The plan will develop projections of future use of water from the system
within each town, and an evaluation of those projections relative to the
projected available water. All projections, expansion, withdrawal rates and
pumping schedules shall be approved by a majority vote of the two boards.
5D. Each Board of Selectmen shall ensure
coordination with its Town's boards relative to implementation of the watershed
management plan the water system master
plan, and the water conservation plan.
5E. The parties agree that filings made by the Town
of Provincetown with any county, state, or federal agency shall be consistent
with any water system master plan and the watershed management plan jointly
approved by the two boards of selectmen. The Truro Board of Selectmen will be
afforded the opportunity of commenting on the content of any such filings prior
to their being submitted. The Town of Truro shall actively support such
fillings with the exception of any aspects not addressed by Provincetown to
Truro’s satisfaction.
5F. Whereas, the parties desire to ensure service
parity and rates for all system subscribers, to ensure that Provincetown's
Water Enterprise Fund revenues are used solely for the operation of the water
system or retained for future capital expenses, and to review annual operations
and capital budgets for timely adoption by the Provincetown Town Meeting;
therefore, the parties agree as follows: The Provincetown Town Manager's budget
request and rate structure for the Provincetown Water Enterprise Fund shall be
based on any water system master plan that the two boards of selectmen jointly
adopt. Said budget request shall be submitted to both boards of selectmen by
the third Monday in December. The Truro Board of Selectmen may provide their
written comments thereon; and, if they so request, to meet with the
Provincetown Selectmen during the month of January to discuss such comments.
The Provincetown Board of Selectmen shall present said budget to the April
Annual Town Meeting for adoption. The Truro Board of Selectmen or their agent
shall have option to review all supporting financial data.
5G. The Truro Board of Selectmen or its designee
shall participate in any selection process that Provincetown may establish for
Provincetown's hiring of consultants on any aspect of this Agreement or other
related documents, jointly approved by the parties, regarding the water system.
The scope of such consulting services shall be in compliance with any policy or
plan that the two Boards of Selectmen have jointly adopted. All final decisions
shall be made by the Town of Provincetown.
6. In the event of a
situation that would require an act outside of this agreement, it is mutually
agreed that both Boards will meet immediately in an attempt to find a solution.
7. The Town of
Provincetown may, through its Water and Sewer Board and in consultation with
the Boards of Selectmen of Towns of Provincetown and Truro, adopt and from time
to time amend regulations for new and expanded water hook-ups from the
Provincetown Water System. In the event that the Water and Sewer Board
disapproves a water hook-up application for premises located in Truro, then the
Board of Selectmen of the Town of Truro may appeal such action using the
dispute resolution procedures set forth in Section II below. Notwithstanding,
the dispute resolution process shall not be available in the case where the
matter is the subject of pending litigation filed against the Town of
Provincetown.
8. Termination of this
intermunicipal agreement may take place only through mutual agreement or
mediation.
1. Any dispute which may
arise between the parties concerning the applications, meaning, or
interpretation of this Agreement, shall be settled in the following manner:
1.1. Either Board of
Selectmen shall deliver to the other a written statement of the dispute, which
shall specify the provision of this Agreement alleged to have been violated,
and identify the proposed remedy. Such notice shall be delivered in hand or by
certified mail within thirty (30) days
after the initiating party first gained knowledge of the occurrence or failure
of occurrence of the incident upon which the dispute is based.
1.2. Within thirty (30)
days after receipt of the dispute statement in 1.1, the two Boards of Selectmen
shall jointly conduct one or more meetings to attempt to resolve the dispute.
Any resolution shall be reduced to writing and approved by vote of both Boards
of Selectmen, and shall become an appendix to this Agreement.
1.3. If the dispute is not
resolved through joint meetings held under 1.2, then the matter may, by vote of
either Board of Selectmen, be referred to arbitration under 1.4.
1.4 The arbitration shall
be conducted by the American Arbitration Association under its existing rules
of procedure. The decision of the arbitrator shall be final and binding upon
the parties except that the arbitrator shall make no decision which alters,
amends, adds to or detracts from the Agreement or which modifies or abridges
the management rights and prerogatives of the Towns. Costs of the arbitration
proceedings, except for transcripts requested by a party, shall be shared
equally by both Towns.
2. If at the end of the
thirty (30) days next following the occurrence, or failure of occurrence, of
any dispute first became known by either party, and the dispute shall not have
been presented as outlined in Section II, Paragraph 1.1 above, the dispute
shall be deemed to have been waived. Notwithstanding, any time limits herein
set forth may be waived and/or extended by mutual agreement of the parties in
writing.
3. These procedures shall
apply only to alleged violations of the terms and conditions of this Agreement.
Agreed this twelfth
day of October, 2004
TOWN OF
PROVINCETOWN
By its BOARD OF
SELECTMEN
TOWN OF TRURO
By its BOARD OF SELECTMEN
