Provincetown Public Pier
Corporation (PPPC)
Judge Welch Hearing Room
Public Hearing
Meeting Minutes of
Thursday, May 25, 2006
Present: Lee Ash (Chair), George Hitchcock, Len Clingham and Phil Tarvers
Excused Absences: John Baldwin
Other Attendees: Rex McKinsey (Pier Manager), John Davidson (Administrative Assistant), Candace Nagle (Float Space 8W)
Meeting called to order @ 4:04 by Lee Ash, PPPC Chair
Public Statements:
Candace Nagle: Has read the minutes since last year. Read section 1 of the acts of 2000 (enabling legislation) to the board.
Her personal opinion is that there has not been the energy in the PPPC to achieve these goals of the enabling legislation.
Lee Ash: Hopes that her statements and observations take into account the various maintenance issues before this board. Billing, mooring issues, not all economic development is new but enhanced development of existing functions of the PPPC. Issues of capital investment in design flaws from previous boards and the development of the pier.
I take exception to the comments made by Candace Nagle and would personally urge her to speak with the board members one on one to get a feel as to what the PPPC board has accomplished within the last year. Framework has to be in place before additional economic development can occur. Policies and procedures have to be established before these economic developments can occur.
George Hitchcock: You have a point. One item was that a building would be built on the pier. Profish interceded and said that they wanted to develop this on their own. The PPPC sat out for 2 years waiting for Profish to act. Profish stepped out of the picture and the PPPC had to start over. Looking for funding is a priority. The original business plan did not take into account the various maintenance issues. Town by-laws and chapter 91 issues have prevented/slowed our economic development progress. The resignation of the entire previous board was also a hindrance to economic development.
Len Clingham: Appreciated George Hitchcock’s background information. Feels that we need to move forward and not dwell on what was and what was not done. Looks forward to developing new business and other economic development activities. Appreciates and shares Candace Nagle’s concern. The PPPC board has many functions other than economic development. Looks forward to working with Candace on these issues.
Phil Tarvers: No comment at this time. Believes that this board needs to have a master plan for the pier.
Lee Ash: We do have one and would like Phil Tarvers to sit down w/Rex and go over that plan. There are others in town wishing to bring the PPPC into their plans for the town as a whole.
Rex McKinsey: Our process starts in the middle of the summer. Right after the schooner race we have our annual meeting and invite the town to present the PPPC with ideas and feed back. You picked one paragraph out of a 45 page + document. We have many other task included on the document along with attachments.
Float Licenses:
Float Space 1E:
Documentation has been provided, license needs to be changed to reflect the new business.
A motion was made to renew West Float Space License 1E.
Motion: Len Clingham Second: George Hitchcock Y: 4 N:0
Motion Passes
Float Space 8W:
Phil Tarvers must recuse himself from this discussion.
Aquiliveries can run the business if the proper licenses are acquired.
Kittywake III - sub-tenancy has been denied. At the request of Candace Nagle a letter will be written to Roxanne Paxton in regards to this denial.
A discussion of legal counsels advice in regards to the float licenses ensued at this time. prior polices in regards to “For Hire” fisherman. His advice is that over the winter the PPPC should develop policies and regulations in regards to all tenants on the pier in regards to the Chapter 91 license of the Macmillan Wharf. In the past the town has allowed commercial fishing boats which are indeed sportsman fishing boats and not for hire. These types of sub-tenants will be allowed this summer. These issues need to be discussed. Our attorney will be formalizing his opinion.
The PPPC needs to flush this out more clearly over the fall/winter.
A motion was made to renew the license for float space 8W with the exception of the 4th assigned vessel Kittywake II.
Motion: George Hitchcock Second: Len Clingham Y:3 N:0
Abstain: 1
Motion Passes
Rex McKinsey: How do we handle expeditiously to fill voids on the floats for this season. Rex McKinsey has the authority to approve sub-tenants for the open spaces on the floats until the next meeting of the PPPC.
Lee Ash: Notify all tenants that the PPPC board will be reviewing our legal counsels opinion in regards to tenants, sub-tenants.
Candace Nagle brought up her request in regards to her retail request.
Lee Ash: It is not on the agenda for this meeting.
George Hitchcock: Would like to give the courtesy to Candace Nagle to present her proposal.
Lee Ash: Don’t assume that all mail/requests make it to the next agenda.
Phil Tarvers: Would like a policy for the time frame to get something on the agenda.
Lee Ash: Did not realize that Candace wanted this on the agenda.
Minutes
A motion was made
to accept the meeting mnutes of 5/11/06.
Motion: George Hitchcock Second: Len Clingham Y: 3 N: 0
Abstain: 1
Motion Passes
Directors Statements:
George Hitchcock: Where does the Hindu Stand?
Rex McKinsey: Referred to last meetings’ motion in this regards.
Lee Ash: Spoke directly with Cap Kevin Foley in regards to the motion of the last meeting and what our legal counsel’s opinion was. Captain Foley said it would be the end of June before he could return.
Rex McKinsey: Feels that 10W belongs to the PPPC. Set up an arrangement that 10W would be under lease for this year only. Not a float space license. Should charge $7500.
Lee Ash: Keep this for a later discussion as an agenda item or new business. All directors should get with Rex McKinsey to put together a lease agreement.
Len Clingham: Welcomes Phil Tarvers to the board. Thought that we had already discussed how items would appear on the agenda. This policy needs to be flushed out.
Lee Ash: Welcomes Phil Tarvers to the board from all of us. Shock of the BoS was a surprise to us considering all of the information that was available prior to. In terms of agenda items, time is a factor and we have much to consider. Nice to see everything coming to life down at the pier.
Phil Tarvers: How do I get a copy of the master plan.
Phil Tarvers to meet w/Rex.
Len Clingham: Feels that communication w/ the BoS needs to improve. That a PPPC liaison keep the line of communication open.
Lee Ash: I meet regularly w/Cheryl Andrews. Has noticed a big difference w/Michele Courture in the way she interacts with the board.
Pier Managers Report
Kopleman and Page, P.C. letter of Determination and
Consent to (see letter).
George Hitchcock: Not comfortable using town counsel. We should select our own (pro bono)
Lee Ash: If the situation requires we would get our own.
Rex McKinsey: Paid by the hour for all matters not in conflict.
Len Clingham: This letter is what the legal counsel needs to protect themselves.
Rex McKinsey: We still have Brown Rudnick in regards to the float owner’s law suit.
George Hitchcock: Would feel better to have our own counsel who is familiar with our situation and needs.
Lee Ash: The time it would take to bring a new attorney up to speed would be costly.
A motion was made to approve the legal disclosure with Kopleman and Paige, P.C.
Motion: Len Clingham Second: George Hitchcock Y: 4 N: 0
Motion Passes
A/R Collections Draft Policy
Rex McKinsey: Looking for a vote on the draft by the board.
A motion to approve the A/R policy as amended
Motion: Len Clingham Second: George Hitchcock
Lee Ash: Any $ dollar amounts
Phil Tarvers: Why so long (12 months)
Rex McKinsey: Nature of the industry.
Vote: Y: 4 N: 0
Motion Passes
Tickler
review
Work getting Done
Ross Silva-status- letter of recommendation
Update on seasonal applications
Pier Clean-up proceeding
George Hitchcock: Wants drills w/personnel
Lee Ash: Wants a policy for floats at moorings
George Hitchcock: PPPC has final approval
LeeAsh: Do we have the right to say?
Lee Ash: Wants all floats on mooring brought before the board.
Phil Tarvers: Would like to have a workshop to deal with these issues.
Lee Ash: Assumption that no more floats are on the way and the board would like to be notified in advance.
Lee Ash: Would like to review financials at the next meeting. (agenda item)
Discussion of sewer, giving up parking spaces, pavilion (hold up?) Get this before the restrooms.
Take another look into cost of pavilion installation.
Phil Tarvers: What does David Guertin have to do with this, how does he get involved.
Rex McKinsey: Explained the grant and how the town and the PPPC work together.
John Presented ATM
Candace Nagle’s Proposal. Of May 7th.
Len Clingham: Since we are experimenting this would be an appropriate addition
Phil Tarvers: 1st she needs to build a booth, limit to one year, hold it to a gallery
George Hitchcock: Yes, hold it to a gallery
Candace Nagle: Only other use would be to sell tickets
Lee Ash: Concerns with a booth, former owner Elizabeth Brookes had a booth that sold tickets. That both boats were an adjunct of the inn that the there was commercial use of both boats. No private yacht was approved. A booth should be there to sell tickets to go out onto the Annie. Feels that the boat should be a commercial enterprise. Feels that using the booth for other activities should not occur without meeting the original commercial activities of the float first.
Candace Nagle: Jim Shannon, Roxanne would advertise.
Lee Ash: Grandfathering in ownership not grandfathering in use.
Candace Nagle: Back in the winter when buying the float from E Brookes Candace Nagle referred to documents (Rex’s letter).
George Hitchcock: How does this say that you have a grandfathered clause for use.
Candace Nagle: Re reread letter and quotes.
Lee Ash; Never said that it did not have to have commercial activities. Can’t support new retail adventures. Wants a phone # for the Annie booking.
George Hitchcock: We have asked other businesses to provide brochures
Candace Nagle: Will put together a brochure. Would like to see a vote on her retail proposals.
Lee Ash: Candace gets an A for effort.
George Hitchcock: Can we have a motion for the boards intent.
Phil Tarvers: Offers to meet the conditions of commercial activity first.
Candace Nagle: Honor her word in regards to commercial activity.
Lee Ash: How do people feel about having an art gallery on the pier:
George Hitchcock: Likes it.
Lee Ash: If this is approved and that it is not further approved after the experiment for another year. Does not want the onus to be on the board to renew annually because she bought a booth.
Lee Ash: Likes the idea, no one else has approached us as of yet besides Lori Roman. The concept of an art gallery is a good idea. That we should take Candace on her word in regards to the art gallery. Was not aware of the lack of commercial activity in regards to Candace’s boat. Feels that a booth is a requirement and that if she has the space after advertising her other businesses. A one time shot for this season. On the basis that she is making an investment, we should be willing to take a chance and move forward. Gives us an opportunity to evaluate these retail experiments.
Phil Tarvers: Does the board envision that there would be a lot of retail on the pier in the future?
Lee Ash: Town has made some mistakes in the past. There is the possibility more growth.
George Hitchcock: Sees traffic as an issue.
Phil Tarvers: Pier was packed more in the past than it is know. It is crying out for commercial enterprise under strict controls and proper chances for all to compete on an equal footing. Art Festivals are a great funding source.
Lee Ash: Widening of the farmers market to an art festival was the direction that we were going. Suggest as a thought, that if in fact that there is a boat and an art gallery that people may want to paint on the water.
A motion was made to place Candace Nagle’s art gallery proposal on the agenda today as new business.
Motion: Len Clingham Second: George Hitchcock Y: 4 N: 0
Motion Passes
A motion was made to give Candace Nagle approval to build a booth following the standard pier design.
Motion: George Hitchcock Second: Len Clingham Y: 4 N: 0
Motion Passes
A motion was made to instruct the staff to write up the conditions of the experiment with the License Holder of 8W and come back to the next meeting with a draft with the intent to approve at the next meeting.
Motion: George Hitchcock Second: Len Clingham Y: 4 N: 0
Motion Passes
A motion to adjourn the meeting @ 7:00
Moved by: George Hitchcock Seconded by: Phil Tarvers Y: 4 N: 0
Motion Passes
Minutes Respectively
Submitted by
John Davidson
PPPC Administrative Assistant
________________________________________________ ________________________________
Lee Ash, Chair Date