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BANNER THIS WEEK

Pier Corp. clamps down on offenders

By Pru Sowers
Banner Correspondent

PROVINCETOWN — In the past, business as usual on MacMillan Pier has included numerous unpaid mooring fees and recreational boats tied up at slips reserved for commercial vessels. Those practices will soon come to an end under a series of regulations currently being written by the Provincetown Public Pier Corp.

The Pier Corp. Board of Directors has directed MacMillan Pier manager Rex McKinsey to draw up an “expression of concern” letter to be sent to approximately five suspected recreational boat owners who pay a commercial vessel mooring fee for a slip on the west side of the pier. Those 11 floating docks, which include several whalewatching boats, are under the pier’s Chapter 91 Massachusetts charter, which states that the slips must be used by companies providing public passage for hire, such as a whale boat or ferry, or by commercial fishermen.

The board also directed McKinsey to develop detailed procedures for collection of fees owed to the town by boat owners. Currently, a variety of payment procedures have been applied to the different tenants on the pier. Commercial fishermen have 90 days to pay, while the ferry companies usually pay once a year and transient boats pay on delivery or within 30 days.
“This is one of the issues that have been neglected [in the past]. It’s common sense. We need a fair sense of guidelines so that [pier tenants] know what is expected of them,” said Paul deRuyter, Pier Corp. board chair.
Currently, approximately $14,360 in past due charges are owed to the town by 17 boat owners, out of $269,000 in charges currently on the books. About half of the overdue debts are two-year-old receivables the Pier Corp. inherited when it took over management of MacMillan Pier from the town.

Pier Corp. recently hired an administrative assistant, John Davidson, to handle the accounts receivable books for the pier, which will help in collecting fees. If boat owners persist in not paying their bills, Pier Corp. will either take them to small claims court, attach their commercial permits, “or any other avenues we have through law and equity” to force payment, McKinsey said.

Pier Corp. board member Lee Ash said that every tenant on the pier should be held to the same standards regarding past due bills.

“When it comes to debt processing, 90 days is a lot,” Ash said, referring to the long lead time commercial fishermen have to pay their fees.

McKinsey said he would like to include ProFish, the Provincetown Fishermen’s Association, in any discussion of a change in payment practices. Jean Frottier, a member of ProFish’s board of directors, said any reasonable changes would not cause undue financial hardship for the fishermen.

“One month might not make it. But 60 days sounds like a good compromise,” Frottier said.

Pier Corp. is also taking to task recreational boat owners who have slips on the west side floating docks reserved for commercial vessels. The board asked McKinsey to draft a letter for consideration at its next meeting that would be sent to approximately five unnamed boat owners who may not be in compliance.

“In the past people have been able to check off a form saying they operate a business and comply with the paperwork requirements but, in fact, they were holding a recreational boating space,” McKinsey said.

“We made it clear early in the season we were going to keep a watchful eye. I don’t think there’s any threat. We’re just doing what we said we were going to do,” Ash said.

DeRuyter asked McKinsey to draft a letter expressing concern and informing the boat owner of the measures available to make their case that they are indeed a commercial vessel. Those measures include proof of advertising, annual revenue estimates and possession of a “doing business as” (DBA) certificate.

“This reflects our commitment to managing town assets in a responsible fashion,” deRuyter said.

“We have an obligation both to Chapter 91 and to the town’s economic development status,” McKinsey said. “Other than the fact they pay their [mooring] fee, there’s no benefit to the town.”


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