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Pier Corp.

    REORGANIZATION

    Provincetown Select Board Is Set to Dissolve the Pier Corp.

    Oversight of pier would move to DPW and an advisory board

    By

    PROVINCETOWN — The Public Pier Corporation, created in 2000 to receive major state funding for the renovation of the town-owned MacMillan Pier, has now served its purpose, according to Pier Corp. board chair Jamie Staniscia and Town Manager Alex Morse.

    Pier Manager Jamie Demetriou took over the job from Doug Boulanger last March. (Photo courtesy Jamie Demetriou)

    At a public hearing of the select board on Feb. 12, Morse presented a plan to dissolve the Pier Corp. rather than negotiate a new 25-year lease for the pier when the existing one expires in March 2025.

    The current pier manager, Jamie Demetriou, would become a town employee reporting to Director of Public Works Jim Vincent. The corporation’s five-member board of directors would be replaced by a new pier advisory board, and any board members who wanted to continue their service would be eligible for appointment as advisers, Morse said.

    The select board endorsed the plan, which will now go before town meeting voters on April 1. But members also said that Morse needed to define the role of the proposed advisory board more clearly before town meeting.

    “When I hear ‘advisory board,’ it gives me pause,” said select board chair Dave Abramson, who advocated for a stronger board along the lines of the town’s airport commission. “I think there needs to be a level of separation between this board and the leaseholders, with a commission or board that’s empowered to set rates and interface with the tenants,” he said.

    Provincetown’s MacMillan Pier, seen from the top of the Provincetown Monument, was named for native son and Arctic explorer Donald B. MacMillan. (Photo by Paul Benson)

    “We need to have very clear lines regarding management,” said select board member Leslie Sandberg. “We can’t have 10 people coming down the pier giving orders.” The select board does not want to make decisions on rental rates that put pier users out of business, she added.

    “This is more of a restructuring than a dissolution, but we need a firm plan in place before town meeting,” Sandberg said.

    Morse said that the advisory board could be patterned after the town’s water and sewer board, which oversees a water dept. that has its own enterprise fund, charges fees to ratepayers, and operates within the dept. of public works.

    The water and sewer board makes rate recommendations that the select board routinely approves, Morse said. He agreed to bring more detailed plans to the select board before town meeting.

    Past Conflicts Fade

    MacMillan Pier has been the site of intense conflict in recent years over the rates charged to the fishing fleet, which operates from the east side of the pier, and the excursion fleet, which operates from the west side. Those conflicts have largely abated since Demetriou took over the pier manager job last March.

    The relationships among the fishing fleet, which operates from the east side of the pier, the excursion fleet, which operates from the west side, the Pier Corp., and the town have been contentious at times. (Photo by Paul Benson)

    Members of the select board, the Pier Corp. board, and pier tenants who spoke in public comments at the Feb. 12 meeting all saluted Demetriou’s work in resolving those conflicts.

    “If we didn’t have Jamie Demetriou, we would all fail — the Pier Corp. and the town,” said Pier Corp. board member Barbara Dyett. “The fishermen finally feel like they are respected, and they have input, and they are not looked at as lower entities, like they used to be.”

    “I don’t think there are any surprises for the town moving forward,” said Staniscia. The conflicts that consumed the Pier Corp. four years ago are largely resolved now, he said.

    Some of those conflicts were the result of a web of legal documents that governed the relationship between the Pier Corp. and the town, which included a memorandum of understanding, a harbormaster’s services agreement, and the lease agreement, Staniscia said. “I think all of those different agreements and divisions are what caused much of the friction.”

    Having the harbormaster report to town staff while the pier manager continued to report to the Pier Corp. has also been difficult, Morse said. Seasonal staff can wind up in situations “where little things become big things, and ‘Your boss isn’t my boss,’ ” leading to needless conflict, he added.

    “Allowing this to all be under one department will lead to better day-to-day management and operation of the pier,” Morse said.

    Morse and select board members thanked the Pier Corp. board members for their service to the town and said it was their hard work that had allowed the group to be dissolved.

    “We’re in a better place than we were in a few years ago, and we don’t want to go backwards,” Morse said. The current Pier Corp. board members should all transition to the new advisory board or commission if they wish to keep serving, he said.

    The Pier Corp. has overseen almost $20 million in improvements in the last 24 years, Morse said, including the installation of floating docks and a wave attenuator. The 55 fishing vessels based at MacMillan bring in $8 million worth of seafood per year, he said.

    The Pier Corp. will be ending with $1.2 million in the bank, Staniscia said, not counting an $800,000 Seaport Economic Council grant that it just received. That grant will be used to improve security, public safety, and commercial catch uploading, according to a Jan. 26 announcement posted on the town’s website.

    CONSENSUS

    Smooth Sailing for Another Provincetown Town Meeting

    Broad agreement on diversity, Pier Corp., Court Street articles

    By

    PROVINCETOWN — Provincetown’s second outdoor, Covid-safe town meeting was held on Saturday, May 1 and it was relatively uncontentious, with nearly every article passing by large margins.

    Select board members Louise Venden, left, and Lise King, and, behind them, Finance Director Josee Young. (Photos Elizabeth Brooke)

    Articles that added members to the Pier Corp. board, funded a new pump house at Court Street, and created a new diversity, equity, and inclusion office in town hall drew the most discussion, but all three passed easily. A fourth article that would have disbanded the Pier Corp., the autonomous body that manages town-owned MacMillan Pier, was discussed at length before the voters decided to indefinitely postpone — effectively killing it.

    Town Moderator Mary-Jo Avellar could not make the meeting because of a health emergency, and Steve Katsurinis was elected temporary moderator at the outset.

    Avellar had a fall in March, her sister Susan Avellar told the Independent. A scan conducted to investigate continuing headaches revealed a subdural hematoma, and emergency surgery was needed. “She’s going to be fine,” her sister said. “We’re all pretty hard-headed.”

    Diversity, Equity, Inclusion

    More than a dozen people spoke on Article 13, a citizens’ petition to appropriate $136,000 for a new office of diversity, equity, and inclusion. Lead petitioner Donna Walker said the allocation could fund salary and benefits for one full-time professional, as well as an assessment that would provide data on access to town resources as well as equity issues in the broader community.

    Ngina Lythcott.

    “In order to make our town work, we ask people to move here temporarily, to be the power behind our business economy,” said Ngina Lythcott. “These are people who are very vulnerable to abuses. We need to have something here for people who are vulnerable and being discriminated against.”

    “In the two-plus years that I’ve lived here, I have experienced acts of racial bias and unfairness because of my ethnic appearance,” said Isaac Lopez. He added that he knows other BIPOC — Black, Indigenous, and People of Color — people who have been threatened or discriminated against. “Most of those people no longer call Provincetown home,” he said.

    “In the early 1900s, crosses were burned on this very lot,” said Rachel White. “The Portuguese were not welcomed here. They were Azoreans, they were hardworking people, but they were considered riffraff.  That’s why the people who have been here a long time have welcomed everyone.

    Rachel White addresses the meeting, with an assist from Daniel Gomez Llata.

    “I was surprised to learn there was maybe some discrimination here,” White continued, “but if you believe we still have problems here, then the money would probably be well spent.”

    Because it was funded as a Proposition 2½ override, Article 13 needs both a two-thirds majority at town meeting and a majority vote on the May 11 town election ballot to take effect. The measure passed overwhelmingly at the meeting. From the back of the gathering, there were not any visible “no” votes, although acting town moderator Steve Katsurinis reported that a smattering were visible from the front of the assembly.

    Court Street Pump Station

    The largest number of “no” votes came on a proposal to borrow $3.5 million to mitigate recurring flooding on Court Street. The measure would pay for a pump station to move rainwater to a retention pond in the rotary planned for the intersection of Shank Painter Road and Route 6. Any overflow would go into the Duck Pond watershed.

    About 30 people voted against the measure — although, with more than 200 voters present, it still had more than the two-thirds majority needed to pass.

    The finance committee had voted not to recommend the article, and initially didn’t report their reasoning. After two voters asked their concerns, two committee members agreed to speak.

    “The committee was split,” said Tony Valentino. “Five members voted not to recommend, the other three abstained. It is a big price tag. The benefits may outweigh the price tag. There may be other options. We weren’t completely satisfied.”

    “It’s just that, for the price, we didn’t have adequate alternatives presented to us,” said Gloria McPherson.

    Town Manager Alex Morse at his first Provincetown town meeting.

    “This is part of an overall $14-million project funded by the state,” said Town Manager Alex Morse. “We realize this is quite an expensive project. Rich Waldo wanted town meeting voters to know, our goal is to secure state and federal grants to get this project down to a more realistic number of $2 million.”

    Morse had previously explained that DPW Director Rich Waldo was not at the meeting because his son had just been born that morning.

    Provincetown environmental planner Tim Famulare said that final designs would still need to undergo review by the town’s conservation commission and by the state’s Dept. of Environmental Protection.

    Ian Leahy said he has rented a commercial space on Court Street for 18 years, and that flooding has gotten worse every year. “I can tell you from experience, every small solution has not worked,” Leahy said, predicting the town stands to lose both residential and commercial properties there in future floods.

    Pier Corp. Advisers

    The third major discussion was about the Pier Corp.

    The select board sponsored a measure to add one alternate and two nonvoting advisory members to the Pier Corp. board. One of the nonvoting members would represent the commercial fishing fleet, and the other would represent the excursion and ferry fleet. That article passed almost unanimously.

    A competing article had been introduced by citizens’ petition — although Laura Ludwig, a harbor committee member who had signed that petition, said the petitioners were unaware of the select board’s measure when they circulated their own. The citizens’ petition called for the dissolution of the Pier Corp., which presumably would return MacMillan Pier to the direct purview of the select board and town manager.

    Tracy Katchtick-Anders and a future voter.

    Town Manager Alex Morse said this petitioned article was not consistent with state law, and therefore would functionally be an advisory measure if it did pass. Multiple speakers suggested it should be indefinitely postponed, but several people took the opportunity to express their dissatisfaction with the Pier Corp. anyway.

    “I think we need a town-wide forum about what we want our pier to be, and how it runs,” said Jennifer Cabral. “I think the mission is muddled. I understand the pier has to be self-managing to an extent. But, like with Harbor Hill, or anything in town that serves the entire community, I think it has to be subsidized. It could turn into the pier next door, and bring in lots of money, and never need to come to the town for money — but it wouldn’t be serving the community functions we want it to serve.”

    And in this town meeting, where nearly every article ended in widespread agreement, the motion to indefinitely postpone the abolition of the Pier Corp. also passed almost unanimously.

    ON THE WATERFRONT

    Gribbin and Colton Get Pier Corp. Seats

    Select board urges delay of dockage fee hikes

    By

    PROVINCETOWN — The select board has appointed the owner of a fishing business and a former town administrator now living in Provincetown to the board of the Public Pier Corp., which manages MacMillan Pier. There were seven candidates.

    The board’s unanimous choices were Beau Gribbin, owner of High Pressure Fisheries, who will serve until July 29, 2022, and David Colton, who has decades of municipal experience as town administrator in Easton and Milton as well as Quincy commissioner of public works. Colton’s term goes to July 29, 2025.

    The new members must deal with the public outcry over hikes in dockage fees for most pier users. The increases were approved by the Pier Corp. board on Feb. 15. Since then, boat owners and the Provincetown and the Truro select boards have criticized the Pier Corp. for adding financial burdens during a pandemic.

    But the fees were raised because of the dire condition of the pier, which was rebuilt 20 years ago with a federal grant but has badly deteriorated.

    This year, the draft warrant for the town meeting includes $530,000 in requests to taxpayers to support wharf improvements, said Scott Fraser, a Pier Corp. member. Fees to users bring in only about $400,000 annually, Fraser said.

    If Provincetown taxpayers are putting in that much, then the users themselves must also step up, he said. According to the 2015 memorandum of understanding between the town and the Pier Corp., “Taxpayers of the town should be called upon to fund routine operations and maintenance of the pier only as a last resort.”

    The loud protests about the higher fees opened a can of worms about the condition of the pier and its management.

    In an attempt to insulate the pier from politics, the town leases the wharf to the Pier Corp. board of directors, who are appointed by the select board. The Pier Corp. is tasked with running the pier. It strives to “ensure that the pier is economically self-sufficient and that those entities that operate for-profit businesses on the pier pay their full and fair share of the operations and maintenance,” according to the memorandum of understanding.

    Robert Davis, one of the candidates for the Pier Corp. board, said the management structure is “not functional.” Davis, whose business experience involves the restructuring of resorts and hotels during real estate transactions, said a more straightforward system of cash flow and expenses would be better.

    Other candidates had less specific ideas, but Fraser said the caliber of all seven impressed him.

    “It’s really heartening to see people who are committed to coming on the board during this difficult time,” he said.

    The Pier Corp. board lost two members due to term limits, Ginny Binder and Carlos Verde. Fraser’s term is up in July.

    Fraser told the Independent that Gribbin “is one of our critics, but he is a really smart experienced guy, and he’s one of the largest operators on the pier and with a great depth of understanding.”

    “His relationships will really be important,” said select board member Lise King.

    As for Colton, with his municipal experience, he will build the Pier Corp.’s credibility with town government, Fraser predicted.

    While many people urged the Pier Corp. to postpone fee hikes for a year or two, Colton suggested, in his interview, a cooling-off period of two or three months and the creation of a user-group advisory board.

    “I have the utmost respect for anyone who serves on a town board and I’d never second-guess the decisions that they made — I was not in the room,” Colton told the select board. “But I do think that a reset is in order. I think we need to lower the temperature and freeze rates for 60 to 90 days to do a review of the capital planning.”

    Fraser said the Pier Corp. is in fact discussing a postponement of the rate increases at their board meetings. The next is set for Thursday, March 25 at 2 p.m.

    The other candidates who applied for the Pier Corp. board were Max Cliggott-Perlt of Provincetown, Clinton Kershaw of Truro, Eastham lobsterman David Young, Mass. Maritime Academy student Caitlin Townsend of Truro, and Barbara Dyett, who lives in New Jersey and Provincetown.

    This Week In Provincetown

    Meetings Ahead

    By

    Meetings are held remotely. Go to provincetown-ma.gov and click on the meeting you want to watch.

    Thursday, March 18

    • Board of Health, 4 p.m.
    • Zoning Board of Appeals, 6 p.m.

    Monday, March 22

    • Select Board, 6 p.m.

    Tuesday, March 23

    • Conservation Commission, 6 p.m.
    • Licensing Board, 5:15 p.m.

     Wednesday, March 24

    • Local Comprehensive Planning Committee, 1 p.m.

    Conversation Starters

    Covid-19 Update

    As of March 15, Provincetown had five active Covid-19 cases, and 95 total cases including one death related to Covid-19, according to the town.

    Pier Corp. Popularity

    A total of eight people have applied for two spots on the Provincetown Public Pier Corp. board. The select board will interview the last five on Monday, March 22, and they could make appointments that night.

    The management of MacMillan Pier, handled by the Pier Corp., is a hot topic after two recent developments. The current Pier Corp. dramatically raised dock fees and two members, Ginny Binder and Carlos Verde, were forced to resign because of term limits.

    New applicants include Beau Gribbin, a long-time commercial fishing captain and boat owner, who operates out of Provincetown. He lives in North Truro, but Pier Corp. members don’t have to be Provincetown residents. Gribbin is a member of the Cape Cod Commercial Fishermen’s Alliance, according to his application.

    Max Cliggott-Perlt of Provincetown has been a member of the Local Comprehensive Planning Committee since its inception, he wrote on his application.

    Robert Davis of Provincetown is a long-time investor, mostly in hotels and resorts. He wrote that he sees an economic opportunity to expand recreational sailing in the harbor, which is “underutilized in terms of moorings and slips.”

    Clinton Kershaw of Truro says in his application he is well-versed in budget and financial management but will have a learning curve to get up to speed on municipal financing.

    David Colton of Provincetown is a general municipal management consultant with the Edward J. Collins Center for Public Management and a former town administrator in Easton and Milton, as well as former commissioner and director of public works in Quincy and Milton.

    The select board interviewed four other candidates on March 8: Eastham lobsterman David Young, Mass. Maritime Academy student Caitlin Townsend of Truro, and Barbara Dyett, who lives in New Jersey and Provincetown. The fourth, Laura Ludwig, who serves on the harbor committee, withdrew her application. She said it conflicted with her work for the Center for Coastal Studies, a marine biology nonprofit. —K.C. Myers

    Petitioned Article Workshops

    Provincetown residents who want to submit a petitioned article for town meeting on May 1 can set up an appointment with town staff to review and formalize their legal language. Thirty-minute appointments are available on March 24 between 3 and 5 p.m. Call the town clerk’s office at 508-487-7013 to reserve a time.

    Petitions require the signatures of 10 registered Provincetown voters and must be submitted by 4 p.m. on April 1. —Paul Benson

    ON THE WATERFRONT

    2 Pier Corp. Members Made to Step Down

    Shake-up may lead to big-picture management change

    By

    PROVINCETOWN — In the wake of unpopular fee hikes by the board of the Provincetown Public Pier Corp., which manages MacMillan Pier, two members of that board have been forced to resign after a fisherman’s attorney called them out for exceeding term limits.

    Ginny Binder, the chair, and member Carlos Verde both resigned in the last few weeks after William Henchy, the attorney for fisherman David Flattery, complained that they had stayed on the board for more than two consecutive terms. The term limit is set forth in the legislation that created the Pier Corp., a little understood group of volunteers tasked with managing the town’s most important waterfront facility.

    The shake-up comes less than a month after users of MacMillan Pier expressed outrage over a doubling of their fees for docking at the pier. In reaction, officials are calling for ways to discuss how the pier can be managed more effectively in general.

    Verde and Binder have been on the Pier Corp. board for 10 years. Both were starting their third five-year terms.

    A third Pier Corp. board member, LeRoy “Scott” Fraser, will come to the end of his second consecutive term in July.

    Six people have applied to replace the departing board members, including David Young, an Eastham lobsterman; Laura Ludwig, a member of the harbor committee; Caitlin Townsend, a Truro resident and a senior at the Mass. Maritime Academy; and Barbara Dyett, who lives part-time in New Jersey and maintains a rented home here. The select board interviewed them on March 8. Two more applicants are also awaiting interviews. Only Ludwig is a Provincetown voter. But the Pier Corp. board can include nonresidents.

    This personnel change comes at a contentious time. On Feb. 15, the board adopted several rule changes and fee hikes. Every select board meeting since then has been dominated by people complaining about the fees. One select board member, Lise King, has said the economic hit from the Covid-19 pandemic makes it the wrong time to raise costs for fishermen.

    Robert Anthony, another select board member, said the town needs to look at what has happened to MacMillan Pier over the last 20 years and how it can be managed better.

    MacMillan Pier, Provincetown (Photo Nancy Bloom)

    Bill Dougal was chair of the finance committee 20 years ago when the Mass. Port Authority told Provincetown officials there was millions of dollars in state and federal grant money available to rehabilitate commercial fishing piers. But in order to take advantage of $13.8 million in grants, the state required the town to create the Public Pier Corp., a separate governing body.

    The state wanted a management board “because they had no confidence the town could run the pier any longer,” Dougal said.

    The pier was substantially renovated with the grants. Dougal said the state put together comparable market-rate fees to maintain the reconstructed pier. But these fees “were beyond what the users could ever support,” Dougal said. For years, the Pier Corp., the users, and the select board engaged in finger pointing in all directions, Dougal said. And so, even after the infusion of the $13.8 million, the pier has deteriorated. For example, the mechanism to heat water has failed. In order to keep from freezing, water must be left running, not dripping, Fraser said, with fresh water pouring into the harbor.

    “It has always been underfunded and it’s been unfair to the Pier Corp. and the users as well,” Dougal said. “It’s time to step back and look at how we got here and what’s needed for re-investment for the future.”

    Verde said the Pier Corp. has always been left to do the select board’s “dirty work,” that is, making unpopular decisions to keep the pier maintained and solvent.

    In reality, the fees are below market for a pier that offers ice, cranes for off-loading, parking, and electrical service, Verde said.

    Fraser said the increased fees for large fishing vessels on the fixed finger piers are less than Gloucester’s fees. They are the same as New Bedford’s current rate, but New Bedford doesn’t reserve dock spaces, so users never know where they can dock, and often must tie up to other vessels. Each slip in Provincetown is reserved. The marina in Sandwich charges less than Provincetown’s new rates, but there is a two-year wait list for large vessels, Fraser said.

    Beau Gribbin, a fisherman, told the select board even the large fee increases aren’t enough to correct the problems at the pier.

    “You guys are about to embark on a difficult task to fill the holes, and I hope you devise a plan for better management,” Gribbin said.

    Editor’s note: Because of a reporting error, an earlier version of this article stated incorrectly that Barbara Dyett of New Jersey, a candidate for the Pier Corp. board, owns a second home here. She is a year-round renter.

     

    CURRENTS

    This Week in Provincetown

    By

    Meetings Ahead

    Meetings are held remotely. Go to provincetown-ma.gov and click on the meeting you want to watch.

    Thursday, July 16

    • Board of Health, 4 p.m.
    • Zoning Board of Appeals, 6 p.m.

    Friday, July 17

    • Local Comprehensive Plan Committee, 10 a.m.
    • Cemetery Commission, 12:30 p.m.

    Thursday, July 23

    • Planning Board, 6 p.m.

    Conversation Starters

    Covid-19 Update

    As of July 13, Provincetown had no confirmed active cases of Coronavirus, one death from complications related to COVID-19, and 28 additional cases considered recovered.

    Mask Order Extended by Select Board

    During a July 13 meeting, the select board voted to expand both the hours and the area included in the town’s mask order.

    The order, which originally made mask-wearing mandatory from 9 a.m. to 9 p.m., will now be in effect during all hours of the day and night.

    The mask zone now encompasses the entire Town Center Commercial zoning district, which includes Commercial Street between Bangs and Franklin streets, Standish Street up to the CVS, and the public area of MacMillan wharf.

    The east side of the wharf, which consists of commercial fishing docks, was noted as an exclusion.

    Callers Want Action Against Hatch

    During the July 13 select board meeting, several public statements from callers expressed outrage over what they perceived as harassment by Mark Hatch, chair of the finance committee.

    Callers accused him of hate speech, racism, and harassment, and pressured the select board to remove him from his position. The board did not discuss the issue further during the rest of the meeting.

    Hatch, who has chaired the FinCom for five years, has recently come under fire for his incendiary posts on Facebook, including a post in May criticizing the town’s Black Lives Matter protests.

    Both Hatch and Town Moderator Mary-Jo Avellar have defended the posts as expressions of free speech.

    Two Fishermen Reclassified

    The Public Pier Corporation ruled on the appeals of two fishermen, Jeff Souza and David Flattery, at its July 9 meeting. The two had recently lost their classifications as full commercial fishermen.

    Souza and Flattery, who were represented by Attorney Bill Henchy, were facing higher dockage fees due to their reclassifications.

    According to Pier Corp. chair Ginny Binder, both Souza and Flattery provided more detailed information about their fishing activities as part of their appeals. Souza, who was objecting to his reclassification as “limited commercial fisherman,” was reinstated as a full commercial fisherman. Flattery, who was objecting to a denied renewal application, was reclassified as “limited commercial,” meaning he will still face increased fees for his dockage slip.

    So far this year, the Pier Corp. has reclassified seven fishermen. They say the changes represent an effort to enforce existing regulations that the pier’s previous management occasionally overlooked.

    “I understand that there was a misunderstanding amongst the fishermen that people were being thrown off the pier,” said Binder. “That is just not true.”

    Binder emphasized that the Pier Corp. is trying to create a “transparent and objective process” in evaluating whether or not fishermen are indeed deserving of the “commercial” title and the dockage-fee subsidies that come with it. —Will Powers

     

     

    ON THE WATERFRONT

    Attorney for Fishermen Goes After Pier Corp.

    Meeting on June 11 could be a showdown

    By

    PROVINCETOWN — An attorney for two fishermen whose dockage fees were raised this year is charging the Public Pier Corp. with Open Meeting Law violations and with changing the rules in the middle of a pandemic.

    In a virtual meeting set for Thursday, June 11 at 1 p.m., Bill Henchy, who is representing Jeff Souza and David Flattery, will argue that his clients and other commercial fishermen were unfairly reclassified as “limited commercial” by the Pier Corp., thereby doubling their dockage fees. Last week, the Pier Corp. denied the reclassification appeals of two other fishermen, John Browne and Leo Rose.

    All four men are among seven who have been reclassified this year by the Pier Corp., which is making an effort to “professionalize” the business of running a town-owned pier after years of “lax management,” according to Leslie Sandberg, who was recently hired for $100 an hour to be a public relations strategist for the Pier Corp.

    Henchy is claiming that deliberations about new policies and classification criteria were made during meetings that cannot be reviewed by the public, because there have been no published minutes of Pier Corp. meetings for nine months.

    “Neither the board nor its subcommittee have approved any minutes since September 2019,” Henchy stated in his formal complaint to state Attorney General Maura Healey. “The subcommittee met, deliberated, and rendered decisions without providing notice of its meetings, without keeping minutes, and without providing minutes.”

    Pier Corp. members are preparing a response to Henchy’s complaints. Sandberg said Henchy is wrong on both counts. There have been no changes to the definition of commercial fishing in the harbor regulations, she said.

    “The harbor regulations specify that on the application for renewal of a dockage slip, a person must provide ‘sufficient information’ to help the [Pier Corp.] determine commercial fisherman status ‘beyond a reasonable doubt’ and that they spend ‘a major portion of their annual working time fishing/working said license,’ ” Sandberg said.

    What did change in 2020, she added, was actual enforcement of the rules.

    “Due to the lax management of MacMillan Pier by the former harbormaster [Rex McKinsey] for close to 15 years, many tenants did not properly follow harbor regulations because they were not made aware of the proper criteria for their application,” she said.

    To help all tenants follow the harbor regulations, a new “checklist listing the information needed was sent out with the 2020 dockage applications,” she said. “We are trying to professionalize the process.”

    But Henchy said this effectively has changed the rules. In Pier Manager Doug Boulanger’s March 28 email sent to dock tenants with the 2020 applications, his language makes clear that something new will be expected of the slip holders.

    “We have new documentation requirements that this memo will describe what is necessary to supply with your renewal application,” Boulanger wrote in the email.

    Sandberg said Henchy is incorrect about the minutes, too. They were actually posted on the town’s website through Jan. 14, she said. The others had not been approved or posted because of delays related to Covid-19. But the Pier Corp. took care of that on June 8 by approving all the minutes from February going forward, and they will be posted by town staff as soon as possible, she said.

    She added that all Pier Corp. meetings have been recorded and are available for viewing on PTV, like most other town meetings.

    currents

    This Week in Provincetown

    By

    Meetings Ahead

    All meetings will be aired through video conferencing. For details: provincetown-ma.gov/27/Town-Boards.

    Thursday, April 2

    • Public Pier Corp., 2 p.m.
    • Zoning Board of Appeals, 6 p.m.

    Thursday, April 9

    • Planning Board, 6:30 p.m.

    Conversation Starters

    Fishermen Ready for Dock Fight

    The Public Pier Corp. meeting set for 2 p.m. on April 2 (still scheduled as of the Independent’s deadline, but may be postponed due to technical issues) will review controversial changes proposed for the dock policies.

    Though no new regulations have been finalized, several lobstermen and fishing boat owners worry about parking and docking fee hikes.

    Regina Binder of the Pier Corp. wrote by email that the old dock allocation system was “full of favoritism, haphazard, and allowed Provincetown taxpayers to subsidize commercial fishermen who were not full-time.” As the 2020 season approaches, the goal, she wrote, is “making sure that there is a fair and uniform policy in place.”

    The lead-up to this public hearing has involved “two years of research and seven months of meetings,” Binder wrote.

    Chris King, who says he runs the last groundfishing boat docked in Provincetown, said along with rate hikes, the Pier Corp. is considering an onerous new application process. He and other fishermen are asking that the Pier Corp. delay any changes for another year because of the economic devastation already caused by the COVID-19 pandemic.

    Captain Rich Wood said he is worried that waitlisted people will get preference over current dock tenants.

    Help for Families Available

    Year-round Provincetown residents living with children, ages birth to 18 years, may be eligible for financial assistance from Provincetown’s John A. Henry Trust for Children.

    The fund can help with the cost of housing, basic utilities, food, child care, transportation, and medical care. Due to the recent coronavirus outbreak, and the closure of town offices, applications may be obtained at: capecodchildrensplace.com/provincetown-family-resource/.

    This will take you to the Provincetown Family Resource page. Scroll down and “Click here” to download and print out a copy of the application.

    Or to have the application mailed to you contact Charlotte Fyfe, family support consultant, at [email protected]; include your name, mailing address, telephone number and email address in your request.

    Applications will continue to be processed as long as funds are available.

    OCHS Gets Boost

    The Provincetown Community Compact, which is the fiscal sponsor of the Swim for Life and other nonprofits, has started a fund to help Outer Cape Health Services get through the financial crunch created by a drop in the number of patients seeing doctors. The fund drive was posted on March 30 and raised $4,500 in that first day, said Jay Critchley, founder and director of the compact. The Swim for Life has benefited Outer Cape Health Services for years, so Critchley was moved to do something when the agency announced it was furloughing 70 employees and was also running short on critical protective safety gear. For more information: thecompact.org/Help-Us-Get-Through-The-Crunch.htm. —K.C. Myers

     

     

    civics

    Select Board Eyes Shake-Up of Harbormaster’s Dept.

    Employees could be moved from Pier Corp. to town staff

    By

    PROVINCETOWN — The select board will hear from the Pier Corp. on Nov. 12 about the harbormaster’s budget, money that the town has paid to the Pier Corp. for years. This arrangement dates to 2005, but the agreement defining it expired in 2017. The select board must now either develop a new agreement with the Pier Corp. or bring its money and the staff it pays for under the direct supervision of town government.

    The harbor committee has already recommended the second course, advising that the harbormaster’s dept. move into a new division of marine services.

    The end of a busy day on the harbor in Provincetown. (Photo Jamie Demetriou)

    The Pier Corp. began operations in 2003 as an autonomous, public nonprofit corporation, responsible for running town-owned MacMillan Pier, and supervised by an all-volunteer board, appointed by the select board. Before 2005 the Pier Corp. had one employee. The various assistant harbormasters were supervised by a marine superintendent, who reported to the town manager. But after Supt. Chris Flavell unexpectedly resigned in 2004 the town signed its first marine services agreement with the Pier Corp. With that, the lone employee at the Pier Corp. — Pier Manager Rex McKinsey — became a combined pier manager-harbormaster.

    This arrangement seemed to promise efficiencies, said Acting Town Manager David Gardner. The responsibilities of that combined position have grown over the years, however, and it has become a point of contention between the Pier Corp. and the harbor committee this year.

    On July 16 the Pier Corp. voted to split the position back into two, a pier manager and a harbormaster, each reporting to the Pier Corp. Doug Boulanger was elevated to pier manager, and McKinsey stayed in the harbormaster job. The Pier Corp. instructed McKinsey to study how his time was divided among pier management, supervision of harbor traffic, and other marine municipal work — like dredging, dune restoration, coastal resilience, and harbor access compliance. In August, shortly after he reported back, the Pier Corp. initiated a disciplinary action against McKinsey on unrelated administrative matters.

    Control of the disciplinary process rests with the town manager, and Gardner chose to place McKinsey on two weeks of unpaid administrative leave as a penalty.

    McKinsey returned to work on Oct. 15 with the provisional title of marine coordinator, assigned to him by Gardner. Don German had been elevated to acting harbormaster in his absence, and McKinsey now reported to town government, rather than to the Pier Corp. His old job was breaking into three, along the lines that McKinsey had outlined to the Pier Corp. back in August, but with uncertainty over who would be reporting to whom.

    Who’s the Boss?

    The harbor committee has already asked the select board to bring the harbormaster position into town government as well, leaving only a pier manager at the Pier Corp. The new dept. of marine services would include the marine coordinator, the harbormaster, his assistants, and the shellfish constable.

    “I firmly believe the harbormaster belongs under the jurisdiction of the town manager,” said harbor committee member Susan Avellar at the Oct. 28 select board meeting. “Somehow, something got convoluted, and if you think the individual in the job had too much to do, then maybe also the Pier Corp. had too much to do.”

    Harbor committee member Laura Ludwig added, “A separation of harbormaster services from the Pier Corp. would allow the Pier Corp. to be the facility manager, and allow them to really embrace that role, know who they work with and whom they report to.”

    Now the Pier Corp. and select board will hash out the money issue. The harbormaster and assistant harbormasters have been paid principally from the so-called 295 budget, an annual allocation of around $205,000 that the town pays to the Pier Corp. for this purpose.

    The Pier Corp. board has argued for years that the allocation is too small. Board member Scott Fraser said at the July 16 meeting that it should be more like $260,000 a year, and that the Pier Corp. has been effectively subsidizing $55,000 in staff salaries out of pier user fees — money that he said ought to be going into long-term maintenance projects. These numbers are all likely to figure in the Pier Corp.’s presentation on Tuesday.

    Ultimately, the select board will need to vote on whether to start a new agreement with the Pier Corp. or keep the 295 money and move staff into a marine department, as was done before 2005. Chair Dave Abramson indicated he would like the board to vote on this next Tuesday.

    civics

    McKinsey Will Return to Work, Perhaps With New Title

    Suspended harbormaster may now become ‘marine coordinator’

    By

    Provincetown Harbor at Night
    Provincetown harbor glows even while its management is being debated. (Photo Jamie Demetriou)

    PROVINCETOWN — Former harbormaster Rex McKinsey, who has been on administrative leave since August, will return to work on Oct. 15. But he may have a new title, marine coordinator, and a more limited set of duties, as town officials consider splitting his old job into two or three new ones.

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