Provincetown Public Pier
Corporation (PPPC)
Judge Welch Hearing Room
Public Hearing
Meeting Minutes of
Thursday, May 11, 2006
Present: Lee Ash (Chair), George Hitchcock, John Baldwin and Len Clingham
Excused Absences: None
Other Attendees: Rex McKinsey (Pier Manager), John Davidson (Administrative Assistant)
Meeting called to order @ 4:04 by Lee Ash, PPPC Chair
Public Hearing on West Float Space License Renewals
Introductions of the board of directors to all attending..
Chair hands float space renewal hearing over to Rex McKinsey, Pier Manager/Harbormaster;
Rex McKinsey explained the purpose of the hearing.
Clarification of rules of sub-tenant
Questions by the Board:
George Hitchcock: None
John Baldwin: None
Len Clingham: None
Lee Ash: Wants to ensure that brochures are available from all sub-tenants: Follow-up with 1E subtenants.
Rex McKinsey: Recommends that approval for 1E and 8W be continued to the next meeting with the sub-tenants in attendance.
George Hitchcock: Wants to go further than just brochures, he wants proof that commercial activity is occurring.
George Hitchcock: What do we do if these conditions are not met?
Lee Ash: We now have an attorney looking into what action can be taken in this regard.
Rex McKinsey: A Show Cause Hearing must be held where the sub tenants may not be allowed back.
Lee Ash: Left message for Sandy Silver and Gerry Anathan.
John Baldwin: Brought up the fact that 8W indicated that vessel # 1 would be recreational.
Lee Ash: Requested a search of the records for space 8W.
Rex McKinsey: Continue 1E and 8W renewals to the next meeting. Staff to contact floats owners and inform them of the meeting.
Rex McKinsey: 2W, 3W, 4W, 5W, 6W, 7W and 9W should be approved en mass. 1W should be approved separately due to the retail experiment.
George Hitchcock: Wanted each West Float Space License voted on sperately.
A motion was made to renew West Float Space License 2W.
Motion: George Hitchcock Second: Len Clingham Y: 4 N:0
Motion Passes
A motion was made to renew West Float Space License 3W.
Motion: George Hitchcock Second: John Baldwin Y: 4 N:0
Motion Passes
A motion was made to renew West Float Space License 4W.
Motion: George Hitchcock Second: Len Clingham Y: 4 N:0
Motion Passes
A motion was made to renew West Float Space License 5W.
Motion: George Hitchcock Second: John Baldwin Y: 4 N:0
Motion Passes
A motion was made to renew West Float Space License 6W.
Motion: George Hitchcock Second: Len Clingham Y: 4 N:0
Motion Passes
A motion was made to renew West Float Space License 7W.
Motion: George Hitchcock Second: John Baldwin Y: 4 N:0
Motion Passes
A motion was made to renew West Float Space License 9W.
Motion: George Hitchcock Second: Len Clingham Y: 4 N:0
Motion Passes
A motion was made to continue the renewals hearing of West Float Space License 1E to 5/25/06 to provide additional information.
Motion: George Hitchcock Second: Len Clingham Y: 4 N:0
Motion Passes
A motion was made to continue the renewals hearing of West Float Space License 8W to 5/25/06 to provide additional information.
Motion: George Hitchcock Second: Len Clingham Y: 4 N:0
Motion Passes
Rex McKinsey explained West Float Space License 1Ws’ renewal and the new subtenant (retail experiment) contract.
Lee Ash: Explained the nature of the new retail experimental sub-tenant. The experimental retail sub-tenant had been approved by town counsel.
George Hitchcock: Questioned the requirement of Section E: For this experiment all employees must be between the ages of 16-21, with the exception of an adult manager.
Len Clingham: Supported the retail experiment based upon the age requirement of it’s employees.
John Baldwin: In the original proposal of 2005: Felt that the kids were a red herring.
Lee Ash: Stay focused on the issue at hand. Has a problem with section G: Advertising for businesses outside of Provincetown. Section H: needs to be reworded.
Lee Ash and George Hitchcock liked the evaluation elements of the contract.
Rex McKinsey: Section G; change to read within the Town of Provincetown.
A motion was made, with the amendments to the retail experiment sub-tenant contract that the West Float Space License for 1W be renewed.
Motion: Len Clingham Second: John Baldwin Y: 3 N: 1
Motion Passes
Public
Statements
Margaret Bennet: Confused on the status of West Float Space 10W. Under the impression that the West Float Space 10W was part of the purchase of the Hindu.
Lee Ash: Not the time for this discussion. Communication is with captain Foley due to the fact that he has retained legal counsel. That this should be considered as an agenda item. That she would be talking with the board tonight about 10W under new business.
Margaret was invited to stay for that portion of the meeting.
Jim Craig West Float Space Licensee 6W: Looking at new sub-tenants, what about active fisherman on the east docks?
Lee Ash: Will let the PPPC members respond in kind. What are the requirements to be a commercial fisherman?
George Hitchcock: It is exactly the reason why he asked how we are going to monitor the business activities. We would begin monitoring this season and would consider the renewal process next year.
Rex McKinsey: Focus on the West Floats not the East Floats.
George Hitchcock: What types of fishing licenses?
Jim Craig: What about bass and tuna licenses?
Lee Ash: Looking for guidance in regards to the chapter 91 license. It’s a tough issue. If you are asking us to approve those sub-tenants we need to get more information from the powers that be (legal council).
John Baldwin: Those 2 particular licenses are quasi commercial fishing licenses, some are commercial and some are not.
Len Clingham: No comment at this time. Chapter 91 concerns.
Lee Ash: Does not want to see licensee go with out sub-tenants. We will have to push for a response from our attorney. Staff to check on timeline from attorney. Rex to get back to Jim next week.
Minutes
A motion was made
to accept the meeting mnutes of 4/27/06.
Motion: Len Clingham Second: John Baldwin Y: 4 N: 0
Motion Passes
New
Business
Float Space 10W letters.
Lee Ash: gave brief explanation of the documentation (correspondence between Underhill and PPPC. Explained document and info search by John Davidson. Gave a historical timeline of events as well as options available to the PPPC in regards to 10W.
Explore with George Hitchcock about a seasonal lease for 10W until the PPPC has had time to develop the 10W.
Rex McKinsey: Brought to light new information. Bob Burns wants nothing to do with the Hindu. Jim Craig came by the Harbormasters office to investigate the water sheet requirements of the Hindu. This all depends on the individuals involved.
Lee Ash: More info and firm up the situation.
George Hitchcock: Prefer to see Captain Foley back to 10W on a lease basis for this season and then take it from there.
John Baldwin: Likes what George Hitchcock is proposing. They have a float on the beach. We are only talking about one season.
Lee Ash: Obligation to the other tenants in providing a sub-tenant. Should charge the same as the licensees charge their sub-tenants. Concern in regards to the condition of the float and the boat.
George Hitchcock: have the boat inspected by the USCG. They do not inspect floats.
LeeAsh: Thought that the float was not in good shape?
John Baldwin: thought that the float was floatable. No problem and it’s location in the harbor is well protected.
Lee Ash: wants to be in the business of solutions. Going back to the 10W space, would the 2 sail companies be better served if placed apart.
A motion was moved to have the float space 10W leased to the Hindu for the 2006 season.
Motion: George Hitchcock Second: John Baldwin
Rex McKinsey: provided comment in regards to economic development.
Lee Ash: That Rex McKinsey makes a really good point. That the PPPC is charged with ecomonic development.
John Baldwin: Things that are important to the town, the great schooner race, the Hindu was a part of this. 10W with the Hindu would be an economic development in of itself.
Lee Ash: Options available, Hindu as a tenant, new opportunities for sub-tenant of other licensees. What’s the best way. Would like further information before this motion is voted on.
George Hitchcock: No other options for 10W for this coming season.
Lee Ash: Would support this motion if it was added to the other 3 options.
Len Clingham: Given the controversy feels that the perception, legal and by the town, that letting them return to what was there before. Leasing the float space 10W to the Hindu would not be supported.
The motion was amended to include negotiations on a lease price, to be date specific and that no other space options are finalized within the week, as of 5:00 pm 5/19/06.
Motion: George Hitchcock Second: John Baldwin Y: 3 N: 1
Motion Passes
Rex McKinsey: Be great if something was finalized by next week. If not is staff to negotiate on behalf of the PPPC. Staff is to provide suggestions in regards to a lease agreement.
Copies of Hindu Info to be made available to the directors.
Farmers Market
Rex McKinsey: Posed question to town counsel on how we stand in regards to exclusion of farmers. Another week or two before we have any answers.
Lee Ash: Another farmer wants to take over the market. Does the market have to take place on one day only. Can we have an event that is exclusionary?
Len Clingham: Something everyday.
Rex McKinsey: Another fisherman has come forward. VSB is concerned and may want to give us money.
John Baldwin: Add other items to be sold, hand crafts and the like.
Len Clingham: volunteered to look into the arts and crafts market.
Directors Statements
George Hitchcock: Monday night went to BoS meeting w/David Guertin to present transportation grant. David Guertin will be following up on the requirement of the BoS. Surprised that the BoS did not know how far along we were in this process. Explained the extension was granted. We have to wait from David Guertin to proceed.
John Baldwin: No Comments at this time.
Len Clingham: Better communication with the BoS. Talk with the Banner as to what we do as a corporation. An get them to do a story on it. Financial info be given to the board members to be reviewed at their own time and talk about at the next meeting.
Lee Ash: Phil Tarvers has put in his application. Thanked Chip Bradish for his service.
Pier Managers Report
Luis on board
South floats fixed.
Pier cleanup coming up
A/R issues
AHM Applications
Training begins in June
Tickler
Add Pay Telephone
Add ATM
Ice machine – sales to other business
A motion to adjourn the meeting @ 6:10
Moved by: George Hitchcock Seconded by: John Baldwin Y: 4 N: 0
Motion Passes
Minutes Respectively
Submitted by
John Davidson
PPPC Administrative Assistant
________________________________________________ ________________________________
Lee Ash, Chair Date