An opinion about Article 25

The parking lot at the Falmouth Heights Beach has been a bone of contention for some time now, and it is still unresolved. One question is a town meeting article from the early '70's which defined exactly how the lot would be managed. Does this still apply?

What follows is an email to town counsel, and the corresponding reply...


Frank,

I've a copy of Article 25 from an early 1970's town meeting (1973, I think, the page number is 34, but there is no year) which states that the hours of the Falmouth Heights Beach lot will be determined by a joint vote of the Selectmen, Beach Committee and Public Works Commissioners. It further notes that the use "shall be temporary".

Obviously, the latter no longer exists, but the question remains: Does this town meeting (which did pass) article still apply? Should the hours of operation be set during a joint meeting? What does it mean by "temporary"?

The Board has a request by the Heights Association to revisit this issue; we need to know if this article should govern the process.


Brent: In 1973 there was an elected Board of Public Works, an elected Beach Committee and an elected Board of Selectmen. The Falmouth Home Rule Charter abolished the Board of Public Works in 1991 and its powers were vested in the Board of Selectmen. The Beach Committee survives to this day, but now it is an appointed body with its members appointed by the Board of Selectmen. In 1973 the town meeting vote made sense because there were three elected boards meeting in joint session. That is no longer the case. The Board of Public Works does not exist. The charter has reduced the Beach Committee to an advisory role. "The Committee shall be responsible for recommending policies to the Board of Selectmen regarding the use and maintenance of all public town beaches." See s. C7-12B FHRC. Beach parking lots are an integral part of public beaches.

The 1973 vote has effectively been superseded by the charter. It would be improper for an elected board (BOS) to meet in joint session with a board it appoints (BC) under circumstance where a majority of those present prevail. Under the present governmental structure, the Board of Selectmen votes the matter with a recommendation from the Beach Committee.

Temporary implies that something is limited in time as opposed to perpetual or indefinite. Perhaps at one time there was a vote as authorized by Article 25 which contains a time limitation. If it can be found, it may contain an answer. If not, then the answer is that the last vote survives until it is superseded by the next vote.