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Board of Selectmen
Library Meeting Room
June 9, 2003
Minutes
The meeting was called to order at 7:00 p.m. by Chairman Dale Donovan. Selectmen present included Jerry Houk, Ira Wood, Michael May and Helen Miranda Wilson. Town Administrator Tim Smith also attended.
Chairman Donovan introduced those at the table to the audience including Board members, Town Administrator and Administrative Assistant.
Town Clerk/Treasurer Dawn Rickman addressed the Board requesting signatures for short term borrowing of $130,600 relative to engineering services for the municipal building water project. On a motion by Wood, seconded by May, the Board voted unanimously to sign the short term notes as requested by the Town Clerk/Treasurer.
Police Chief Rosenthal addressed the Board and introduced Special Police Officers Geraldine LaPense and Andrew Galanzka.
Chairman Donovan pointed out the new agenda format noting the attempt to place items for which applicants need to attend the meeting on as early as possible.
Announcements - Chairman Donovan announced that the Wellfleet Historical Society will be holding a strawberry festival at the 335 Main Street property on Sunday, June 15th from 2:30 to 4:00 p.m.
Interview for Appointment to Housing Authority - Housing Authority members Steve Durkee, Catherine Hill, Elaine LaChapelle and Judy Taylor were also in attendance. Chairman Donovan noted that the vacancy on the Housing Authority was caused by the resignation of Helen Miranda Wilson and outlined the procedure to fill this vacancy per State Law. Selectwoman Wilson informally disclosed that Elaine McIlroy is a close friend. Elaine McIlroy was interviewed. On a motion by Donovan, seconded by Wilson the Board voted unanimously on a roll call vote (Houk, Wilson, May, Wood, Donovan - yea) and Housing Authority members voted unanimously on a roll call vote (Hill, LaChapelle, Taylor, Durkee - yea) to appoint Elaine McIlroy to the Housing Authority until the next annual election.
The Board discussed:
a) Requests to Use Town Property:
- Cape Outback Adventures - applicant Richard Miller was in attendance. Discussion included parking and the number of kayaks in a tour. On a motion by Houk, seconded by Wilson, the Board voted unanimously to approve the request of Richard Miller of Cape Outback Adventures to use the Town landings at the end of Old Pier Road, the end of Pleasant Point Road and the end of Old Wharf Road as launch areas for guided kayak tours through mid-September.
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- Wellfleet Historical Society - on a motion by Houk, seconded by May, the Board voted unanimously to approve the request of the Wellfleet Historical Society to use the front of Town Hall and the sidwalk in front of the former Our Lady of Lourdes Church on July 12th and August 9th from 9 a.m. to 4 p.m. for the sale of 2004 calendars with historic photographs of Wellfleet.
- Wellfleet Fireworks Committee - it was noted that the date requested should have been July 6th. On a motion by Wilson, seconded by May, the Board voted unanimously to approve the request of the Wellfleet Fireworks Committee to use the Indian Neck parking lot, jetty, Town roads, parking lot around the pier and the Town pier on July 6, rain date of July 13, from dusk to 11 p.m. for the annual fireworks display.
- Lower Cape Outreach Council, Inc. - on a motion by May, seconded by Houk, the Board voted unanimously to approve the request of Lower Cape Outreach Council, Inc. to use the lawn in front of Town Hall on July 19, 20, 29, 30 and August 17, 18 from 3-5:30 p.m. to exhibit paintings and sell raffle tickets.
- Wellfleet Employee's Association - Selectman May recused himself and left the table. Houk moved and Wood seconded a motion to approve the request of the Wellfleet Employee's Association to plant on Main Street, west side of the street along the new fence between the Church property and the end of the Town-owned lot, on June 11, 2003. Selectwoman Wilson suggested that the plantings be drought resistant and not require watering. The Board voted unanimously 4-0 in favor of the motion. Selectman May rejoined the Board.
- United Wellfleet Shellfishermen - Molly Benjamin was in attendance and outlined the request. On a motion by May, seconded by Houk, the Board voted unanimously to approve the request of the United Wellfleet Shellfishermen to use Baker's Field on July 26th from 11 a.m. to 4 p.m. for a clam boil.
b) Business Licenses - on a motion by May, seconded by Wood, the Board voted unanimously to approve the business licenses of C.K. Smith & Co., Inc.; Francois Frey and Idle Times Bike Shop, Inc.
c) Police Department Appointments/Reappointments:
- Promotion to Lieutenant - Police Chief Rosenthal presented his recommendation that Staff Sergeant Ron Fisette be promoted to Lieutenant. Sergeant Fisette joined the Board at the table and discussed his views on community policing. Selectman Houk suggested that if this promotion is approved, Sergeant Fisette dress in uniform. On a motion by May, seconded by Wilson, the Board voted unanimously to approve the promotion of Ron Fisette to Lieutenant.
- Appointments/Reappointments - on a motion by Houk, seconded by May, the Board voted unanimously to appoint the following through June 30, 2004: Special Police Officers - Richard Dinn, Paul Cononi, Jed Pineau; Chaplain - Kenneth Roscoe; Matrons - Shirley Cabral, Cindy Norris, Cheryl Mulligan, Theresa Townsend; Full-Time Eastham Officers as Wellfleet Special Police Officers - Chief Richard R. Hedlund, Lt. Kenneth J. Roderick, Sgt. Jonathan S. Pierpont, Det. Benjamin Novotny, Det. Michael W. Kelly, Ofc. Robert A. Schnitzer, Ofc. David J. Lofstrom, Ofc. Gregory Casper, Ofc. Adam E. Bohannon, Ofc. Norman A. Sylvia, Jr., Ofc. Mark T. Haley, Ofc. Brian Savin, Ofc. Daniel Deschamps, Ofc. William P. Quigly, Jr., Ofc. Michael Mei; Full-Time Truro
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Officers as Wellfleet Special Police Officers - Chief John Thomas, Lt. John Lundborn, Sgt. David Silvia, Sgt. David Costa, Sgt. Barry Meegan, Ofc. David Perry, Ofc. Kyle Takakjian, Ofc. Craig Danziger, Ofc. Denise Russell, Ofc. Timothy J. Camerlin, Ofc. Allan J. Souza, Ofc. Meredith R. Allen; School Crossing Guard and Constable - Denise Hyer.
- Reappointment of Full-Time Officers - Houk moved the reappointment of Officers Lloyd Oja, Mike Turner, Brian Cavanaugh and Donna Darakjy indicating that he wished to meet with Officers Jon Taylor and James Campbell prior to their reappointments to hear their ideas on community policing since they will be tenured officers at the end of this reappointment period. Wilson seconded the motion. Police Chief Rosenthal requested that all the officers recommended for reappointment be reappointed at this meeting. The Board voted unanimously in favor of the motion. On a motion by Donovan, seconded by May, to reappoint Officers Jon Taylor and James Campbell, the Board voted 2-3, with Houk, Wilson and Wood voting against. On a motion by Wilson,
seconded by Wood, the Board voted 4-0-1, with May abstaining, to revisit this matter at the Board of Selectmen meeting of June 16th and to invite Officers Taylor and Campbell to attend and to ask the Police Chief and Town Administrator to request that these officers attend.
d) Town Administrator Appointments - Selectman May recused himself and left the table. The Town Administrator presented his appointments as follows: Hearings Officer - Beth Berrio; Assistant Harbormasters - Michael May, Thomas Jarvis, Harry Anderson, Bruce Norton, Richard Bagge, Phillip George; Assistant Harbormaster/Night Watchman - Thomas Webber. Selectman May rejoined the Board.
e) Board of Selectmen Reappointments - on a motion by Houk, seconded by May, the Board voted unanimously to reappoint Chris Manulla as Deputy Shellfish Constable. Houk moved that all those seeking reappointment as indicated on the June 5th memo be reappointed. There was consensus to review the appointments one at a time and Houk withdrew his motion. Board of Assessors - Wilson noted a potential conflict of interest with a realtor serving on the Board of Assessors. On a motion by Houk, seconded by May, the Board voted 4-1, with Wilson voting against, to reappoint Diane Galvin; Beach Study Committee - on a motion by Houk, seconded by May, the Board voted unanimously to reappoint Evelyn Van Hoeven; Building and Needs Assessment Committee - on
a motion by Wilson, seconded by Houk, the Board voted unanimously to reappoint George Moe; Coastal & Pond Access Committee - on a motion by May, seconded by Wood, the Board voted unanimously to reappoint Thomas Flynn, Thomas Peters and Clarence Smith; Computer Advisory Committee - on a motion by Houk, seconded by May, the Board voted unanimously to reappoint Libbie Lederstein and Richard Rosenthal; Conservation Commission - on a motion by Wood, seconded by May, the Board voted unanimously to reappoint Dorothy Dolan and Edwin Reynolds; Council on Aging Board - on a motion by Wood, seconded by Houk, the Board voted unanimously to reappoint Adele Anderson, Frank Corbin, Russell Holt and Betty Kimball; Cultural Council - Selectman May recused himself and left the table. On a motion by Donovan, seconded by Wilson, the Board voted unanimously to reappoint Jeanne May, Dian Reynolds and Lou Roy. It was suggested that the Board consider a policy regarding a residency
requirement for committee members. Selectman May rejoined the Board. Board of Health - on a motion by Wood, seconded by Houk, the Board voted unanimously to reappoint Lezli Rowell; Historical Commission - on a motion by Houk,
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seconded by Wood, the Board voted unanimously to reappoint Richard Dickey and Janet Erickson; Local Comprehensive Plan Coordinating Committee - on a motion by Houk, seconded by Wood, the Board voted unanimously to reappoint Ben Gitlow; Marina Advisory Committee - Wilson noted a potential conflict of interest with any members of this Board doing business or working for a company which does business at the Marina. On a motion by Wood, seconded by Houk, the Board voted 4-1, with Wilson voting against, to reappoint Richard Bartke, Frederick (Flip) Felix, Joel Fox, Richard Merrill, Jon Porteus, Frederick Young, Robert J. Gross, Alternate; Natural Resources Advisory Board - on a motion by Houk, seconded by Wood, the Board voted unanimously, to reappoint Lezli Rowell. On a motion by Wilson, seconded
by Houk, the Board voted unanimously to reappoint the following: Open Space/Land Bank Committee - G. Nancy Deppen, Janet Doherty, Cynthia Hope, Robert Hubby, Alan Platt, Janis Plaue, John Portnoy; Personnel Board - Susan Peters; Recreation Committee - Catherine Sugg. It was noted that the third page of the memo to the Board listing those seeking reappointment was missing from the Board's informational packets and the Administrative Assistant read the list of remaining reappointees. Selectman Wood left the table. On a motion by Houk, seconded by May, the Board voted unanimously 4-0 to reappoint the following: Shellfish Advisory Committee - Barbara Austin, Andrew Cummings, Joel Fox, Christopher Merl, James O'Connell; Water Issues Advisory Committee - Ben Gitlow, Robert Hubby; Zoning Board of Appeals - Robert Hankey, David Rowell, Trevor Pontbriand, Alternate. Selectman Wood rejoined the Board. George Moe noted that Drew Brown's term on the
Building and Needs Assessment Committee is expiring and he has been out of Town. On a motion by Wood, seconded by Houk, the Board voted unanimously to reappoint Drew Brown to the Builidng and Needs Assessment Committee.
f) Use of Sand Pit/C2 Zone - there was consensus to delay this discussion to consider a broader look at the use of Town property. Ben Gitlow noted that the sand pit is in the ACEC and therefore only limited uses are allowed.
g) Capital Projects - the Town Administrator noted upcoming projects including former Our Lady of Lourdes Church and the Shellfish and Public Safety Buildings and recommended setting up a process to set priorities. It was suggested that this matter be discussed with department heads.
h) Procedures for Acquiring Services - it was suggested that legal services be bid to see if the Town could realize any savings. There was consensus that the Town Administrator provide a breakdown of legal expenses including travel, and that the Board revisit this issue.
i) Consent Determination - on a motion by Donovan, seconded by Houk, the Board voted 4-1, with Wilson voting against, to determine that the interest of Kopelman and Paige, P.C. as Town Counsel to the Towns of Dennis, Mashpee, Eastham, Harwich, Provincetown and Sandwich, is not so substantial as to be deemed likely to affect the integrity or the exercise of the independent professional judgment which the Town of Wellflet may expect of Kopelman and Paige as its Town Counsel with respect to the review of the Cape Cod Regional Law Enforcement Council Mutual Aid Agreement among the Cape Cod towns.
j) Recommendation re: Boston Post Cane - the Board discussed the Town Clerk's suggestion that Barbara Fales be honored with the recognition of the Boston Post Cane as she will be turning 100 years old on June 10th and be presented with an official certificate of recognition. On a motion by Houk, seconded by Wood, the Board voted unanimously to approve the
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Town Clerk's suggestion. It was suggested that the Town Clerk take a photo of Ms. Fales with the cane.
k) Committee Liaisons - there was consensus that Board members submit their choices to the Chair.
Selectman Wood presented his correspondence report:
- Letter from AIM Thrift Shop - on a motion by Donovan, seconded by Houk, the Board voted unanimously to grant the request for 4 parking permits for AIM Thrift Shop volunteers.
- Letter from 335 Main Street Building Use Committee requesting direction from the Board - there was consensus to schedule this on a future agenda.
- Letter from Arlene Kirsch re: suggested questions to ask in interviews of Town board applicants - it was requested that a copy be forwarded to each Board member.
- Letter from Housing Authority re: Old Wharf Road lots - discussion included Town Counsel's review of Town Meeting articles. It was suggested that the Housing Authority use its own attorney to draft articles.
Open Session:
- Cyndi Moe addressed the Board regarding parking and public access being blocked at the end of Chequessett Neck Road - the Town Administrator noted that the Health/Conservation Agent is looking into this matter. She requested that signage reflect that the picnic tables at Mac's Seafood are Town tables and suggested that the tables be moved to look like a "picnic area". The Town Administrator will look into this matter.
Selectmen's Comments/Reports:
- Selectwoman Wilson suggested that the Board review the conflict of interest and open meeting laws.
- Selectman Houk reminded the Board of the suggestion that the Board meet regularly with members of boards/committees/commissions.
- Chairman Donovan noted the Health Care Campus informational meeting scheduled for Wednesday the 11th at the Truro Safety Facility at 6 p.m.
On a motion by Houk, seconded by May, the Board voted unanimously to approve the minutes of May 19, 2003 and May 27, 2003 as amended.
On a motion by Houk, seconded by Wood, the Board voted unanimously to release the executive session minutes dated 11/12/91, 11/4/91, 10/15/91, 10/8/91, 7/8/91, 7/1/91, 6/19/91, 5/29/91, 5/13/91, 5/6/91.
Future Meetings/Agendas - suggestions included meeting with boards/committees and discussion of the Harbor Management Plan.
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On a motion by Donovan, seconded by Wood, the Board voted unanimously at 9:43 p.m. on a roll call vote (Houk, Wilson, May, Wood, Donovan - yea) to enter executive session to discuss litigation and not to reconvene in open session.
Respectfully submitted,
Linda Smulligan
Administrative Assistant
Dale Donovan, Chair Jerry Houk Ira Wood
Michael May Helen Miranda Wilson
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