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BOS Minutes - 1/27/03
Board of Selectmen
Library Meeting Room
January 27, 2003
Minutes

The meeting was called to order at 7:00 p.m. by Chairman Roger L. Putnam, Jr.  Selectmen present included Michael May, Dale Donovan, Michael Parlante and Jerry Houk.  Town Administrator Tim Smith also attended.

Open Session:
-    Margo KochRuthe addressed the Board regarding her October 28th request for a letter of assurance from the Board that the matter of the "junk yard" in her neighborhood would be addressed by the Town.  The Town Administrator updated the Board on the status of this matter and will forward a letter to Ms. KochRuthe outlining the Town's efforts to date.

On a motion by Parlante, seconded by Donovan, the Board voted 3-0-2, with May and Houk abstaining (May had not attended the 1/13 meeting and Houk had not attended either meeting) to approve the minutes of January 9 and January 13, 2003.

On a motion by Parlante, seconded by May, the Board voted unanimously to release the executive session minutes dated 10/7/94, 9/19/94, 9/12/94, 8/29/94, 8/22/94, 8/1/94, 7/25/94, 7/18/94, 6/13/94, 6/6/94, 5/31/94, 5/16/94, 5/8/94.

The Town Administrator reminded the Board of its final budget meeting scheduled for February 5th at 7:00 p.m. in the Library Meeting Room to meet with school officials.

Selectmen's Comments/Reports:
-    Selectman Houk - 1) noted that Warren Rhodes had passed away and suggested that a letter be drafted to Judy Rhodes.  On a motion by Donovan, seconded by Putnam, the Board voted unanimously that the Clerk of the Board draft a letter to Ms. Rhodes for signature by all Board members; 2) commented on the status of the Public Safety Review Committee noting that he felt that
-    Selectman Donovan commented on the memo to the Planning Board from the Assistant Town Administrator indicating that the Board is asking for consideration of a specific Town Meeting article noting that the article has not been discussed by the Board.  The Town Administrator will follow up on this matter.

The Board met with Paul Ruchinskas, Affordable Housing Specialist of the Cape Cod Commission, regarding allocations and guidelines for the $500,000 affordable housing allocation from Barnstable County.  Mr. Ruchinskas outlined rental housing development subsidies, the purchase pool program, technical assistance to the towns and program guidelines noting that applications were available as of January 2, 2003.

The Board held the following Shellfish Department public hearings consecutively.  Selectman Parlante recused himself.  Selectman Donovan read the public notice.  Shellfish Constable Bill Walton was in attendance and presented his recommendations to the Board.
a)   Application from Brent Valli for transfer of shellfish grant licenses #781A, #781B and #781AC located at Egg Island and consisting of 5.5 acres from Brent Valli to Brent Valli and



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Sandra Mitchell and the application from Sandra Mitchell for transfer of shellfish grant licenses #95-21 and #95-22 located at Egg Island and consisting of 1.8 acres from Sandra Mitchell to Sandra Mitchell and Brent Valli - the Shellfish Constable recommended that this transfer be approved on the condition that Mr. Valli amend license #781AC (currently awaiting paperwork from the Army Corps of Engineers) prior to final approval by reducing the area by .3 acres so that these applicants will not be in violation of the Wellfleet Shellfishing Policy and Regulation section 5.1.7, which states that no individual may hold more than 7 acres and that approval of this transfer be pending finalization of shellfish grant license #781AC.  Brent Valli requested that the Board consider a waiver and not require that the grant license area be reduced by .3 acres because a considerable amount of paperwork would have to be refiled and the area proposed by the Shellfish Constable would not be useful to anyone else.  On a motion by Donovan, seconded by Houk, the Board voted unanimously 4-0 to grant a waiver to Mr. Valli and Ms. Mitchell and to approve these transfers per the recommendation of the Shellfish Constable.
b)   Application from Wentzle Ruml IV for renewal of shellfish grant licenses #95-13, #95-14 and #2000-4 located at Egg Island and consisting of approximately 4 acres - the Shellfish Constable recommended that these licenses be renewed as follows:  #95-13 and #95-14 for a period of 10 years ending on March 1, 2013 and #2000-4 for a period of 5 years ending on March 1, 2008.  On a motion by Houk, seconded by Donovan, the Board voted unanimously 4-0 to approve renewal of these grant licenses.
c)   Application from Richard Bartke for renewal of shellfish grant license #00-10 located at Indian Neck and consisting of 3 acres - the Shellfish  Constable recommended that this license be renewed for a period of 5 years commencing on the expiration date of December 18, 2002 and ending on December 18, 2007.  On a motion by Houk, seconded by May, the Board voted unanimously 4-0 to approve renewal of this grant license.
d)   Application from Richard Goldberg for renewal of shellfish grant license #01-08 located at Indian Neck and consisting of .5 acre - the Shellfish Constable recommended that this grant license be renewed for a period of 5 years ending on September 19, 2008.  On a motion by Houk, seconded by May, the Board voted unanimously 4-0 to approve renewal of this grant license.
e)   Application of James Falcone for renewal of shellfish grant license #01-01 located at Lt. Island and consisting of 1 acre - the Shellfish Constable recommended that this grant license be renewed for a period of 5 years ending on February 15, 2008.  On a motion by Houk, seconded by May, the Board voted unanimously 4-0 to approve renewal of this grant license.
     Selectman Michael Parlante rejoined the Board.
f)   Consideration of amendment of Section 8.1.4 of the Wellfleet Shellfishing Policies and Regulations by adding as the final sentence "A violation of this regulation shall exist if the take contains more than 5% seed shellfish." - the Shellfish Constable presented his recommendation that the words "per batch" be added to the end of this section and that any seed found should be returned to the waters of the Harbor.  Shellfish Advisory Committee Chair Chris Merl indicated that the Committee had voted to approve the Constable's recommendations.  On a motion by Donovan, seconded by Parlante, the Board voted unanimously to amend Section 8.1.4 of the Wellfleet Shellfishing Policies and Regulations by adding the following last sentence:  "A violation of this regulation shall exist if the take contains more than 5% seed shellfish per batch (see sec. 11.1.3)."

Selectman Donovan presented his correspondence report noting that anyone interested in serving on the Citizen's Police Academy starting on March 20th should call the Police Department.



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The Board discussed:
1)  Water Issues - there was consensus to schedule this discussion for a meeting as Water Commissioners on February 3rd in the Library Meeting Room with members of the Water Issues Advisory Committee and Board of Health.
2)  Business Licenses - Selectman Parlante recused himself.  Donovan moved and Houk seconded a motion to approve the business licenses as printed on the agenda.  (Down Under Video; Boathouse Fish Market; Wellfleet Marine Corp. (booth); Wellfleet Marine Corp. (pier store); Southfleet Motor Inn)  Selectman May noted the conditions indicated by the Harbormaster on Wellfleet Marine Corp's (booth) license application ("Strike from line #7 'Mooring Rentals', want copies of launch tenders licenses for those that apply).  The Board voted unanimously to approve these licenses as conditioned by the Harbormaster.  Selectman Parlante rejoined the Board.
3)  Auditor Recommendation - the Town Administrator requested that this matter be postponed to the February 10th meeting of the Board.
4)  Senior Center Change Order - the Town Administrator explained that the $13,000 change order is necessary to upgrade the fire code in the main room and corridors in order to increase the capacity of the new Senior Center building.  On a motion by Donovan, seconded by Parlante, the Board voted unanimously to approve the Senior Center change order as outlined by the Town Administrator.
5)  Landfill Capping - the Town Administrator indicated that the Town has received complaints of methane gas leaks and that the current engineering firm is not capable of continuing.  He recommended that the Town retain Environmental Partners Group to finish the project.  On a motion by Parlante, seconded by Donovan, the Board voted unanimously to hire Environmental Partners Group to perform engineering services for landfill capping.  The Town Administrator noted that funds are available for this project.
6)  Vote to Deficit Spend for Snow Removal - on a motion by Donovan, seconded by May, the Board voted unanimously to deficit spend for snow removal in FY'03.
7)  Appointment of Relief Dispatchers - on a motion by Parlante, seconded by May, the Board voted unanimously to appoint the following as Relief Dispatchers:  Anne M. DeBary, Graham Morris, Geraldine LaPense, Rose Marie Fiske and Samantha Fiske.
8)  Contract for Bath House Feasibility Study - the Town Administrator recommended that the Board contract with Bourne Engineering for the Shellfish building bath house project.  On a motion by Parlante, seconded by May, the Board voted unanimously to contract with Bourne Engineering to perform a feasibility study and concept design for the shellfish building in the amount of $7,300.

On a motion by Houk, seconded by May, the Board voted unanimously to adjourn at 8:19 p.m.

                                                        Respectfully submitted,

                                                        Linda Smulligan
                                                        Administrative Assistant

                                                                                                        
Roger L. Putnam, Jr.                     Michael May                           Dale Donovan

                                                                        
Michael Parlante                           Jerry Houk