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| September 1, 2006 Barnstable Patriot |  |
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FROM THE CEO
QogeCod
C H A M B E R OF C O M M E R C E
By Wendy K. Norcross
www.capechamber.org
In
August,the 28regional
businessleaders elected
to the board of the Cape
Cod Chamber conducted a
strategic planning session.
In a far-ranging discussion,
the topics of public policy,
the economy, tourism pref-
erences and organizational
health were aired. From
this discussion, a program
of work will be shaped and
adopted by the directors
next month.
Some of the primary ac-
tion steps that have re-
sulted from this planning
session include the launch
of tourism market research,
for which the Cape Cod
Chamber has enlisted the
services of Case & Mann of
Osterville.This effort willbe
led by Sarah GrahamMann,
a Falmouth resident and
former director of the state
travel office.Whilewehave a
good understanding of who
isvisiting,whytheyvisitand
what they do while here,we
want to know more about
those who do not visit. We
expect results to be rolled
out to the community in
mid-winter,intime to affect
marketing decisions for the
2007 year.
The next action step is
an updat e of the early '90s
consultant's report (Cape
Ann Economics) on the sta-
tus of the Cape's economy.
Second-home growth , a
growingnumber of retirees,
fewer youth and competi-
tionfor tourismarecatalysts
for change in our economy.
Fundamental shifts are ap-
parent, with urbanization
threateningthe veryessence
of what attracted residents
and visitors alike.And while
our economy is becoming
more year-round, there are
problems in sustaining it,
like inadequate workforce
housingand transportation
choke points. We want to
document these shifts and
help local governments and
business understand these
dynamics.
We will be launching a
series of workshops and
seminars through The Ent-
reCenter,whichisrunbyour
sister corporation, Coastal
Community Capital. These
workshops will be ongoing
throughout the fall, winter
and spring, and offer expert
advice to keep local busi-
nesses strong and viable.
In an effort to grow more
local businesses, funding
resources will continue to
be offered to entrepreneurs
throughCoastalCommunity
Capital.
Onthe public policyfront,
we plan to hold meetings
across the region, solidify
policy decisions with the
local town Chambers of
Commerce, and continue
to inform business on new
policies such asthe recently
enacted health care legisla-
tion. Energy conservation
and efficiencyprogramswill
be pursued with ISO New
England and Cape Light
Compact,with an emphasis
on how business can hold
the line on energy costs.
Networking and business
connections will dominate
our work, as we produce
the 2nd Business Connect
conference and the 4th Biz-
Wiz event.Regular monthly
events will offer up ways to
stimulate new business.
Committeeworkwillfocus
on a variety of niche tour-
ism markets, renewable
energyinitiatives,workforce
training and membership
services.
Wethank the Cape'select-
ed delegation for their sup-
port inhelpingto fund much
of this work and to make it
availableto allbusinessesin
the region. This is a critical
time in our economic cycle
and more research will
yield better programs to
benefit the local business
community.
Wianno Grille gets needed OKs
Outstanding
issues resolved
with town
By Edward F.Maroney
emaroney@barnstablepatriot.com
The long and frustrating
journey of the new owners
of a Hyannis restaurant and
the town's licensing authority
ended thisweek.
At Monday's meeting, John
Kenney, attorney for Tri-Nel
Management and president
DavidPeckham,toldtheboard
that the state Alcoholic Bev-
erages Control Commission
had approved transfer of the
Windjammer's license to the
Wianno Grille.The paperwork
washeld up for monthswhilea
gambling charge,from August
2005 was reviewed.
"We had to make numerous
calls to the ABCC," Kenney
said. The license approval, he
added,wasdiscovered "sitting
in a credenza" in the Boston
office.
Kenney said the state board
voted to suspend the license
for three days, but also to
suspend the suspension for a
year because the poker ma-
chinesinvolved were removed
immediately. If there are no
other charges over the next
year, the suspension will not
be imposed.
Board members were glad
to learn of this, but they had
gathered Monday for a show-
cause hearing related to a
Barnstable Police report that,
onJuly2,theWiannoGrillehad
notproperlyposted itslicenses
andpermits,didnothaveacopy
of the rules and regulations
readily available, and did not
post the maximum capacity of
each room.
Kenney explained that the
business had a license but
hadn'tposteditpendingofficial
confirmation from the state
board.The rules and regswere
available, he said, suggesting
amiscommunicationbetween
the police officer and staffthat
night. Finally, the occupancy
permit for the upstairs room
was framed and displayed,
according to Kenney, but the
one for the downstairs room
was sitting in its frame on a
counter waiting to be put on
the wall.
Boardmemberswereinclined
toaccepttheowner'sgood-faith
efforts and dismiss all charges,
but decided to issue awarning
onthefailuretopostoccupancy
of the downstairs room.
TownAttorneyBobSmith
on Wednesday replied for
vacationing Town Manager
John Klimmwhowasasked
torespondtocomplaintslev-
eledatthetownbyownersof
businessbuildingsonleased
charitable trust land. It's a
complicated legal situation
that Smith explainsthus:
"What's involved here is
neither cruelty nor applica-
tion of inappropriate wear-
ing-down tactics. Collec-
tivelywearetryingtoprotect
three related interests, the
town's, the Lombard Trust
and the Cobb Trust. I as-
sume you are aware of the
fiduciary nature of thetrust
interests, aswellasthe fact
that they are town trusts.
"Longbeforemytime,the
town became involved in
theLombardtrustsituation
withgroundleaseswithpri-
vate tenants authorized to
buildstructuresforresiden-
tial and business purposes.
There'snoinherentproblem
with such devices to gener-
ate an income stream to
provide for the designated
beneficiaries ofthesettlorof
thetrust (the generousper-
sonsettingitup)bycharging
the users of the real estate
fair market rental for the
value of their property.
"However, the ground
lease is a complicated ar-
rangement, especiallyif the
property is to be improved
andmoreespeciallyifitisto
be improved and used as a
business.Ownership of the
structure beyond the term
of the lease under which it
isoriginallybuilt isafurther
complication. (The Cobb
situation came about, in
part, from its resuscitation
intheearlyeighties,inwhich
I am proud to have had a
hand).
"Another consequent
complication that the ar-
rangement can lead to is
a confusion on the part of
the tenant of the value of
the interest they actually
own.Needlessto say,Ihave
never encountered atenant
whowasconfusedthattheir
property was less valuable
than it was actually, ulti-
mately determined to be -
except,perhaps,at property
tax time.
"So,whenthetownbegan,
a dozen or so years ago, to
start trying to standardize,
rationalize, makemorebusi-
nesslike the ground lease
CONTINUEDON PAGEA:11
Attorney answers lease critics
^gfifgfigfe
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New Home Construction
Craig Ashworth - 385 Sea St., Hyannis - 775-0457
(10)
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LANDSCAPE DESIGN AND CONSTRUCTION ^a#
Bill Witkowski Carlos Ferras
V Phone: (508) 790-3789 J
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Townto distance
itself from WB
lease process
By Paul Gauvin
pgauvin@barnstablepatriot.com
The town administration
wantsto distance itself from
the process of leasing land
it holds through charitable
trusts in the wake of com-
plaints by owners of the
Old Village Store in West
Barnstable and the defunct
Mitchell's Steakhouse in
Hyannis.
WhileWestBarnstableresi-
dent Don Roberts claimed
this week "the people (of
WestBarnstable) are getting
angry," over town closure
of the popular Old Village
Store and attached restau-
rant,TownCouncilpresident
Hank Farnham was saying
the town'sinvolvement with
theLombardand Cobbchari-
table trusts "is getting out
of hand."
Farnham said the town
manager,the court-appoint-
ed Lombard trustee,andoth-
ers involved in the Lombard
flap "are getting beat up by
it." Klimm was on vacation
this week.
"This situation isreally di-
viding the village,"Farnham
said. He said he and Klimm
have realized that the town
should distance itself from
the trusts as much as possi-
ble and name anewLombard
trusteeto free Klimmfor his
municipal duties.
"We had someone in mind
but that person declined,"
Farnham said.
Charges and counter-
charges have accompanied
difficulties with the Old Vil-
lage Store and the former
Mitchell's Steak House on
Route 28 in Hyannis whose
owners say they are either
losing serious income or go-
ing broke because of what
they sayisthe town'sintrac-
table stance on what they
would consider fair negoti-
ated settlements.
The town refutes the
claims. (See accompanying
article).
Janice Flint maintains
she inherited the defunct
Mitchell'sSteakHousebuild-
ing that sits on Cobb Trust
land and has been trying to
sell it for several years to
retire business debt. She
said the town continuously
blockssalesto otherbusiness
interests. Atty.David Coleis
the trustee.
"Now he's trying to claim
I don't own it," she said last
week,"eventhough I've been
paying a lease and taxes for
several years."
Cole could not be reached
before deadline.
Mike Rogers, currently a
tenant-at-will at the Old Vil-
lage Store, said he has been
denied anew lease during 12
yearsofnegotiationswiththe
town,which, he claimed,im-
peded anyideashe mayhave
had to update the building.
His family owns the store
building.
CONTINUED ON PAGE A:11