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Board of Selectmen
Library Meeting Room
September 23, 2002
Minutes
The meeting was called to order at 6:58 p.m. by Chairman Roger L. Putnam, Jr. Selectmen present included Michael May, Dale Donovan and Michael Parlante. Selectman Jerry Houk arrived at 7:02 p.m. Town Administrator Tim Smith was also in attendance.
Chairman Putnam announced that the Board will take "Open Session" out of order on tonight
Open Session:
- Chuck Turley addressed the Board, representing the Citizens for the Preservation of Wellfleet, regarding the proposed regional composting facility project noting concern with the quality of compost generated and traffic and odor issues, and requested that the Town withdraw from the ongoing feasibility study.
Selectman Jerry Houk arrived at 7:02 p.m.
- Jim Chudomel, an elected representative to the Nauset Regional School Committee, invited Board of Selectmen and Finance Committee members to the October 9th budget meeting at the Central Office at 3:00 p.m.
- Allison Marshak addressed the Board regarding the proposed regional composting facility project noting concern with the technology, quality of compost and possibility of fires.
The Board met with Mark Rodgers of Cape Wind Associates who presented information relative to the proposed offshore wind farm project. Mr. Rodgers discussed the benefits of wind power as a renewable resource relative to the Cape's energy needs, the proposed site of the Cape Wind project at "Horseshoe Shoals" including the environmental benefits and socio-economic benefits, and outlined the regulatory process.
The Board held the following Shellfish Department public hearings consecutively. Selectman Donovan read the public notice. Selectman Parlante disclosed that he holds a commercial shellfish permit, has a shellfish grant license and owns waterfront property. Selectman May disclosed that he holds a commercial shellfish permit. Chairman Putnam disclosed that he holds a senior commercial shellfish permit and owns waterfront property. Shellfish Constable Bill Walton was in attendance and presented his recommendations as follows. Selectman Parlante recused himself and left the table.
a) Application from Ronald Buck for renewal of Shellfish Grant License #2000-7 located at Field Point - the Shellfish Constable recommended that Mr. Buck's license be renewed for a period of five years commencing on October 25th, 2002 and ending on October 25th, 2007. On a motion by Houk, seconded by Donovan, the Board voted unanimously to accept the recommendation of the Shellfish Constable and to approve this application.
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b) Application from Matthew Parent for a 6.6 acre Shellfish Grant License located near Power's Landing - the Shellfish Constable recommended that this application be denied without prejudice noting that the requested acreage is very large, would pose an obstacle to individuals moving across the beach, that it extends across the Egg Island Channel and that it has not yet been determined which areas will be designated for aquaculture in the Shellfish Management Plan. A motion by Houk to accept the recommendation of the Shellfish Constable to deny this application without prejudice was not seconded. Mr. Parent reduced his request to the outside two acres from the 1650' line to Mayo Beach. The Shellfish Constable reiterated his recommendation. Donovan moved and
Putnam seconded a motion to grant a one acre shellfish grant license that can be mutually agreed upon between the Shellfish Constable and Mr. Parent. The Shellfish Constable reiterated his recommendation. The Board voted unanimously in favor of the motion.
c) Recommendation of the Shellfish Constable to amend Section IV of the Town of Wellfleet Temporary Shellfish Regulations re: Seed Picking - the Shellfish Constable presented his recommendation to open a strip along the grass on the northeastern side of Herring River and a strip along the western side of Chipmand) Recommendation of the Shellfish Constable to amend Section V of the Town of Wellfleet Temporary Shellfish Regulations re: Opening, Catch Limits and any other Restrictions - Chipman's Cove (A3) - the Shellfish Constable recommended that Chipman's Cove open for the taking of any and all shellfish as of one-half hour before sunrise on Sunday, October 27, 2002 until further notice and that Duck Creek be opened for the taking of all shellfish as of one-half hour before sunrise on Tuesday, October 1, 2002 pending State approval with catch limits of one bushel each of oysters, quahaugs, and/or soft shell clams per day. On a motion by Donovan, seconded by May, the Board voted unanimously to accept the recommendation of the Shellfish Constable.
e) Finalize amendments to the Wellfleet Shellfish Regulations Section 2 "Definitions" and Section 14 "Enforcement" - the Shellfish Constable noted that Town Counsel has advised that a) the Board take no action on the definition of "domiciled resident". He recommended that he come back to the Board with a revision after it is worked out with Town Counsel. b) that non-criminal fines be specific amounts. He recommended fines of $50 for a first offense, $150 for a second offense and $300 for a third offense and a reduction in the minimum suspension period from five days to three days for a first offense. On a motion duly made and seconded, the Board voted unanimously to accept the recommendations of the Shellfish Constable.
Selectman Parlante recused himself and left the table.
f) Proposed temporary change in Policy of Awarding Shellfish Grants - the Shellfish Constable recommended that due to the pending Shellfish Management Plan, the Board amend their Policy of Awarding Shellfish Grants to deny without prejudice all applications for licensed areas until April 15, 2003 effecting new licensed areas as well as transfers. On a motion by Houk, seconded by Donovan, the Board voted not to accept the recommendation of the Shellfish Constable and to deal with shellfish grant license applications as they come before the Board. Selectman Parlante rejoined the Board.
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Announcements:
- Selectman May announced that the Cape Light Compact Energy Fair is scheduled at the Yarmouth Senior Citizens- Chairman Putnam announced that the Barnstable County surplus has "dwindled" to $320,000.
Open Session:
- Bob Costa addressed the Board regarding the status of the proposed regional composting facility. Chairman Putnam noted that the feasibility study should be completed by the end of the year and that the composting project would need Town Meeting approval to become a reality.
- Lezli Rowell addressed the Board regarding the Harbor Management Plan Committee questioning why she has to be sworn in for this Committee when she is already a sworn member of the NRAB.
- Bob Costa addressed the Board regarding a certified Harbor Management Plan.
- Mary Ellen Manning addressed the Board regarding the proposed regional composting facility requesting that the Board withdraw from the project.
- Bob Finch, Ben Gitlow and Bob Costa each commented on the proposed regional composting facility.
On a motion by Parlante, seconded by Houk, the Board voted unanimously to approve the minutes of September 9, 2002 as submitted.
On a motion by Parlante, seconded by Houk, the Board voted unanimously to release the following executive session minutes: 10/28/96, 10/7/96, 9/30/96, 9/24/96, 9/16/96, 9/9/96, 8/19/96, 8/12/96, 8/5/96, 6/17/96, 6/10/96, 5/28/96.
The Town Administrator reminded the Board of the September 26th Open House scheduled for 10 a.m. at the Old King
Selectman Donovan presented his correspondence report. The Board discussed:
- Letter from John MacKenzie requesting, per the General Bylaw, permission to play loud music until 11:30 p.m. on Friday, September 27 - on a motion by Donovan, seconded by Parlante, the Board voted unanimously to approve this request.
- Kids Voting, Cape Cod - on a motion by Houk, seconded by Putnam, the Board voted 4-1, with Donovan voting against, to authorize the Town Administrator to process a $200 contribution on behalf of the Town after review of the request.
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The Board discussed:
a) Jack's Boat Rentals - Jack Ferreira was in attendance. The Town Administrator recommended that the Board accept the recommendations of the Health/Conservation Agent and Beach Administrator regarding Gull Pond and Jackb) Ownership of Nantucket Sound - on a motion by Parlante, seconded by Donovan, the Board voted unanimously to support the Town of Barnstablec) Mileage Reimbursement Rate - on a motion by Donovan, seconded by Parlante, the Board voted unanimously to set the mileage rate for FY 2004 at 36¢ per mile.
d) County Funds - on a motion by May, seconded by Donovan, the Board voted unanimously to use the surplus county funds to further the Harbor Management Plan project.
On a motion by Parlante, seconded by May, the Board voted unanimously to adjourn at 9:32 p.m.
Respectfully submitted,
Linda Smulligan
Administrative Assistant
Roger L. Putnam, Jr. Michael May Dale Donovan
Michael Parlante Jerry Houk
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