Ayer Finance Committee Discusses New Stormwater Utility Fee, Small Businesses Concerned

The Ayer Finance Committee convened on September 25, 2024, to recommend several articles for the upcoming town meeting, including the establishment of a stormwater utility Enterprise fund that has raised concerns among small business owners.

The primary focus of the meeting was Article Three, which proposed the creation of a stormwater utility Enterprise fund, effective fiscal year 2026. This fund would allow the town to implement a stormwater utility fee based on the size of impervious surfaces on properties. The fee would be calculated using Equivalent Residential Units (ERUs), with one ERU defined as 3,200 square feet of impervious area, representing the median size for a typical single-family residential property in Ayer.

During the discussion, a local business owner, Kathy H., expressed concerns about the impact of the proposed fees on small businesses like hers, Sha Valley Express. Kathy sought clarification on how the fees would affect her business and emphasized the need for more information to understand the potential financial implications. The director of the Department of Public Works (DPW) responded by offering to evaluate her property to determine the specific fee based on its impervious area and reassured her that the proposal was still under review and subject to further study.

Committee members echoed Kathy’s concerns, emphasizing the importance of transparency and effective communication about the new fee structure. They noted that while outreach efforts had been made, many small businesses remained unaware of the impending changes. One member highlighted the gap in communication by stating, “small businesses know nothing about the five or six I communicated with today and yesterday never heard anything.”

The committee also discussed the need for a comparative analysis to help residents and businesses understand how their contributions to the general fund might change under the proposed fee structure. A participant suggested that a clear comparison would be beneficial, stating, “it might be helpful… to sort of have a some kind of comparison… so there’s something for people to actually see.”

In response to questions about fee structures and available credits for businesses that implement stormwater management protocols, it was noted that a 7% reduction in fees had already been considered by the work group to account for such credits. The committee acknowledged the need for continued engagement with business owners to ensure their concerns were addressed adequately.

Further clarification was sought regarding the nature of the warrant article set for October 28th, which was confirmed to focus solely on establishing the Enterprise fund, not the regulations governing it. A member raised concerns about the fairness of the proposed $95 fee per 3,200 square feet of impervious area and its potential impact on small enterprises, emphasizing their vital role in the community by stating, “these small businesses are our life blood.”

The Finance Committee’s role in this context was to recommend the inclusion of the Enterprise fund on the town warrant for the upcoming meeting, rather than authorizing the fund itself. The committee unanimously voted to recommend Article Three for inclusion in the town warrant.

The meeting also addressed Article One, concerning the adoption of Massachusetts General Laws Chapter 44, Section 54B, known as the prudent investment rule. This rule would allow the town’s trust funds to be invested according to the prudent investment standard. The motion to recommend the article was made, seconded, and passed unanimously with no discussion.

Article Two was also discussed, which aimed to rescind several unissued borrowing balances for projects like a police radio coverage improvement project, a street sweeper, a department vehicle, and a hooklift truck. The unused balances, totaling various amounts including $66, $2,185, and $1,013, were to be cleaned from the town’s books. The motion to recommend Article Two was made, seconded, and passed unanimously.

Finally, the committee discussed Article Four, which dealt with the mechanisms for collecting stormwater utility fees. The role of the Finance Committee was to recommend the funding mechanisms rather than to set specific rates at this time. A motion was made to recommend Article Four, which passed with unanimous approval.

Note: This meeting summary was generated by AI, which can occasionally misspell names, misattribute actions, and state inaccuracies. This summary is intended to be a starting point and you should review the meeting record linked above before acting on anything you read. If we got something wrong, let us know. We’re working every day to improve our process in pursuit of universal local government transparency.
Town Manager:
Robert Pontbriand
Financial Oversight Board Officials:

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