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BOS Minutes - 8/26/02
        Library Meeting Room
August 26, 2002
Minutes

The meeting was called to order at 7:00 p.m. by Vice-Chair Michael May.  Selectmen in attendance included Dale Donovan, Michael Parlante and Jerry Houk.  Chairman Roger L. Putnam, Jr. and Town Administrator Tim Smith were absent.

Vice-Chair May announced that Chairman Putnam and Town Administrator Tim Smith would not be attending tonight's meeting.

Vice-Chair May welcomed the new Wellfleet Elementary School Principal Teecia Kent.  Ms. Kent presented a short report to the Board of activities and upcoming events at the School and outlined her background and experience.

Open Session:
-  Jim Chudomel addressed the Board as an elected representative to the Nauset
  Regional School Committee and offered to act as a conduit to the Board
   during the upcoming budget process.
-  Helen Miranda Wilson announced the upcoming Affordable Housing Task
    Force and Housing Authority joint meeting scheduled for September 10th at
    3:00 p.m. at the Council on Aging regarding formation of a Housing
    Partnership.

On a motion by Parlante, seconded by Donovan, the Board voted 3-0-1, with Houk abstaining (he had not attended the meeting), to approve the minutes of August 12, 2002 as presented.

Comments/Reports:
-  Selectman Houk noted that the Alzheimer
   successful and thanked those that donated goods and their time.
-  Selectman May noted that the Marina had received a new flag pole from an
  anonymous donor and thanked the DPW and the anonymous benefactor.

Selectman Donovan presented his correspondence report.  Discussion included:
-  Letter from the NRAB requesting creation of a State certified Harbor
  Management Plan and creation of a Harbor Planning Group - it was noted that
  the Harbor Management Plan Committee is scheduled to meet with the Board
  on September 9th.
-  Notice regarding the DEP workshop on stormwater management for municipal
  officials scheduled for Tuesday, September 17th at 7:00 p.m. in the Library.

The Board discussed:
a)  Town-Wide Clean-Up Day - on a motion by Donovan, seconded by Parlante the Board voted unanimously to set the town-wide clean-up day for October 26th.



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b)  Requests to Use Town Property:  
      - Friends of the Council on Aging - on a motion by Parlante, seconded by
       Donovan, the Board voted unanimously to approve the request of the
       Friends of the Council on Aging to use the Town Hall front lawn on
       Saturday, August 31st from 8:15 a.m. to noon for a bake sale to benefit
       furnishings for the new Council on Aging building.
- Wellfleet Historical Society - on a motion by Parlante, seconded by
  Donovan, the Board voted unanimously to approve the request of the
  Wellfleet Historical Society to use the areas in front of Town Hall and the
  former Our Lady of Lourdes Catholic Church on Saturday, August 31st
  from 10 a.m. to noon to sell raffle tickets.
- Banyan Productions - on a motion by Houk, seconded by Donovan, the
  Board voted unanimously to approve the request of Banyan Productions
 to use Cahoon Hollow Beach on August 31st from 11 a.m. to 3 p.m. for a
 documentary style shoot following a couple to be married and their friends
 enjoying a day at the beach with a charge of $250, which includes parking
 if available, on the condition that no area of the beach may be roped off.
c)    Consulting Services Contract - it was suggested that the Town
      Administrator perform the study and that a Charter Review Committee be
      part of the process.  On a motion by Parlante, seconded by Donovan, the
      Board voted 3-1, with Houk voting against, to approve the contract with
      Groux and Associates to provide consulting services concerning the
      Town's administrative organization and structure.
d)   Modification of Road Improvements on Old Hay Road - Planning Board
      Chairman Dennis O'Connell indicated that the Planning Board had reviewed
      the improvements and recommended approval.  On a motion by Parlante,
      seconded by Donovan, the Board voted unanimously to approve the
      modification of road improvements on Old Hay Road.

The Board held the continuation of the July 29, 2002 Shellfish Department public hearings as follows.  Selectman Parlante recused himself and left the table.  Vice-Chairman May disclosed that he holds a commercial shellfish permit.  Shellfish Constable Bill Walton presented his recommendations as follows:
-  Application from Richard H. Blakely for a Two Acre Extension of Shellfish
  Grant License #85F Located at Indian Neck - Selectman Donovan read the
  public notice.  The Shellfish Constable noted that approval of this application
  could set policy before approval of a Shellfish Management Plan,
  recommended that this application be denied without prejudice at this time
  and listed his reasons.  Mr. Blakely rebutted each of the Shellfish
  Constable's objections to the approval of this extension.  On a motion by
  Houk, seconded by Donovan, the Board voted unanimously 3-0 to grant Mr.
  Blakely a two acre extension.  Selectman Parlante rejoined the Board.
-  Recommendations of the Shellfish Constable to Amend Section 2
  "Definitions" and Section 14 "Enforcement" of the Town of Wellfleet
   Shellfish Policies and Regulations - the Shellfish Constable recommended
   that the Board amend Section 2 "Definition" by adding a definition for the
   word "extension".  On a motion by Donovan, seconded by Parlante, the
   Board voted 3-1, with Houk voting against, to take no action on this
   recommendation.  The Shellfish Constable outlined proposed changes to
   Section 14 "Enforcement".  It was noted that the Shellfish Advisory
   Committee had voted unanimously in favor of the proposed enforcement
   fines  and  suspensions.  On a motion duly made and seconded, the Board
   voted unanimously



Page 3 - Board of Selectmen Minutes - 8/26/02

to approve the revised enforcement regulations effective October 1st pending approval from Town Counsel and the Division of Marine Fisheries.  The Shellfish Constable recommended that the Board amend Section 14 by adding a "severability clause".  On a motion by Donovan, seconded by Parlante, the Board voted unanimously to approve the addition of a severability clause to Section 14.
-    Recommendation for Appointment of a Deputy Shellfish Constable - the Shellfish Constable recommended the appointment of Kurt Schlimme.  On a motion by Donovan, seconded by Parlante, the Board voted unanimously to appoint Kurt Schlimme as a Deputy Shellfish Constable effective September 5, 2002.

On a motion by Parlante, seconded by Donovan, the Board voted unanimously at 8:18 p.m. on a roll call vote (Donovan, Parlante, Houk, May - yea) to enter executive session to discuss litigation and not to reconvene in open session.

                                                        Respectfully submitted,



                                                        Linda Smulligan
                                                        Administrative Assistant

                                                                                        
Michael May, Vice-Chair                         Dale Donovan
                                                                                                
Michael Parlante                                        Jerry Houk