June 16 meeting

Here's a little background on my votes from last Monday's agenda...


UPPER CAPE COD REGIONAL TRANSFER STATION INTERMUNICIPAL AGREEMENT

I thought Selectman Kevin Murphy's amendments had merit, so I voted with him to 1) extend the existing agreement and 2) try to get the amendments approved before signing the final document. Unfortunately, not everyone agreed and the motion failed.

If we weren't going to extend the existing contract, we had to have something in place, so I voted with Selectmen Mary Pat Flynn and Carey Murphy to approve the new agreement. I did ask that we continue to try to negotiate the amendments, and it was unanimously agreed to sign and send them to the other towns for approval.


JOINT MEETING WITH SCHOOL COMMITTEE TO INTERVIEW, VOTE AND APPOINT SCHOOL COMMITTEE MEMBER

Two of the four candidates for the unexpired term dropped out before Monday, leaving just Emily Davern and Frank Luongo.

I felt that Mr. Luongo was the better candidate, with more civic experience, a better understanding of the issues, and most importantly - a willingness to ask the tough questions. Apparently, the rest of the selectmen agreed, as we unanimously voted for him.

However, the school board almost unanimously voted to appoint Ms. Davern. Kudos to Rebecca Moffit; of the eight sitting members of the school board, and one of three newly elected this year - only she voted for Mr. Luongo.

The vote didn't surprise me; I saw one member of the school board roll their eyes over some of Mr. Luongo's comments (and it wasn't the "flaming liberal" statement).

[an aside] No government body should be allowed to choose its own members; there need to be checks and balances. This is no slight against the school board - they were voting because that's the rule. I would, however, like to see this changed.


REPORT – CAPE COD COMMISSION

Jay Zavala has impressed me from the moment he first introduced himself several years ago, and he continues to do so. Not only was he well prepared with his report - and yes, appropriately dressed - he did a fine job of answering my questions about the Commission's jurisdiction.

Those questions focused on a 150-foot cell tower which reminded me that there are private individuals, such as amateur radio operators, who might also want to erect radio towers. We must all abide by the same rules, but getting permission from the Cape Cod Commission can be overwhelming for those with limited means.

This particular project was a referral from the Falmouth ZBA, so it would seem that we have at least some discretion over what the Commission sees. Moreover, Mr. Zavala noted that the Commission can consider financial hardship and other issues in order to reduce the financial impact of a review.

However, aside from the obvious issues with burdening the average Joe, there's the small businessman to consider. The WalMart's of the world have deep pockets and armies of lawyers; I'm worried about the locals - the Mom & Pop shops - which may drown under bureaucratic red tape.


NIEN & CECILIA DAK SZE – CONTINUED WETLAND HEARING

Some things never change.

During my tenure on the Conservation Commission, docks were probably the most contentious issue, and I knew something was amiss with the Sze dock when I got the documentation. Rather than a copy of the Falmouth Conservation Commission order of conditions (OOC), it contained a superseding OOC from the Massachusetts Department of Environmental Protection. This almost always means the Commission denied the dock, and the applicant went to the state for approval.

In this case, the Sze family wanted to rebuild a dock that had been destroyed by a storm. The commission denied the request, so the family appealed and won.

There was some wrangling as Selectman Carey Murphy questioned why the Sze family couldn't build a new dock that adhered to the current regulations. The applicant's representative explained that that would require at least one variance - an exception to the rules - which the conservation commission rarely grants. So, they opted to rebuild in the existing footprint with improvements to benefit the environment and public access.

One of the neighbors sent a representative who argued against the dock on the grounds that the selectmen need to protect the environment. The public is probably unaware of the fact that according to the plan we had, this neighbor has a dock of their own.


MICHAEL BEDARD, CAPE WIND WATERFRONT RESORT - CONTINUED WETLAND HEARING

A few months back I was at a meeting with my 9-year old daughter who observed, "They're just talking about the same thing over and over." I was reminded of this when my elder daughter related to me her boyfriend's comments (he was in the audience) about Monday's selectmen's meeting...that I was just saying the same thing over and over again.

The "same thing" that I was saying "over and over again" was that the Conservation Commission's authority is limited to the wetlands regulations.

Cheryl Williams, the head of the Teaticket Civic Association, raised some issues about an archaeological survey. However, other selectmen thought this - and several other issues - should have been addressed by the commission. I had to keep reminding everyone that the commission doesn't have the jurisdiction to do that - only the selectmen do.

And if it sounded like I flip-flopped on who was responsible for getting the answers, I did. When I first raised the issue of an Army Corps of Engineers agreement (to limit boating activity in Perch Pond), I put the onus on the applicant. However, I found myself agreeing with Selectman Kevin Murphy when he raised concerns about laying issues on applicants at the last minute. I don't think anyone intentionally dropped these at the last minute - as I had noted, there is no other forum for these issues - but lacking a process, I felt that the selectmen should do the follow up this time around.

In the end, a two week continuance was granted to get additional information from various town departments.

Looking ahead, we'll need to work out some sort of process.