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BOS Minutes - 2/24/03
Board of Selectmen
Library Meeting Room
February 24, 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:
-    Ann Bronsdon addressed the Board regarding snow removal problems on her street.  The Town Administrator was asked to follow up on Ms. Bronsdon's complaint.  The Town Administrator noted the memo from the Police Chief regarding this matter.  Selectman May praised the efforts of the DPW.
-    Peter Hall complimented the DPW on their snow removal efforts.
-    John Wallace addressed the Board, specifically Selectman Houk as Chairman of the Water Commissioners, regarding the timeline for decisions relative to allowing additional hook-ups to the municipal building water supply system.  Selectman Houk indicated that the proposed joint Board of Health/Board of Selectmen meeting has been postponed until after the election and that there are many outstanding issues to be considered.

On a motion by Parlante, seconded by May, the Board voted 4-0-1, with Houk abstaining (he had not attended the meetings on 1/6 and 1/16) to approve the minutes of 1/6/03, 1/16/03, 1/21/03, 2/5/03 and 2/10/03.

On a motion by Parlante, seconded by May, the Board voted unanimously to release the executive session minutes dated 12/13/93, 11/29/93, 11/22/93, 11/8/93, 11/1/93, 10/4/93, 9/27/93, 9/20/93, 9/7/93, 8/30/93.

The Board held a public hearing to consider the recommendations of the Beach Administrator to amend the Regulations with Regard to the Sluice Way, Beach Rules and Regulations and Traffic Rules and Orders.  Beach Administrator Suzanne Thomas was in attendance.
1.   The Beach Administrator presented her recommendation that Paragraph 1) of the Regulations with Regard to the Sluice Way be amended by adding "from the day after Labor Day through the last Friday in June" to read "Parking at the ponds for the purposes of fishing or boating is permitted from the day after Labor Day through the last Friday in June via the Sluice landing and access by boat from the public recreation landing on the West of Gull Pond."  Discussion included overparking at the area, negative impacts on the resource, public access, signage, public education and blocking the area via a padlocked chain on uprights.  It was suggested that beach stickers be required to park in this area - the Beach Administrator noted that the Town does not own enough of the area to mandate stickers and that the Seashore is willing to close the area due to potential dangers to the resource.  
2.  The Beach Administrator presented her recommendation to amend the Beach Rules and Regulations by adding  "or on Nauset Road" to Paragraphs 1. and 13. to control parking and allow for access for emergency vehicles to the Indian Neck parking lot.



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3.  The Beach Administrator presented her recommendation to amend the Traffic Rules and Orders - Article IV Parking, Section 2. by adding "Nauset Road" to the list of roads.  On a motion by Parlante, seconded by Houk, the  Board voted 4-1, with Donovan voting against, to approve the recommendation of the Beach Administrator to amend the Regulations with Regard to the Sluice Way for a one year period.  On a motion by Parlante, seconded by Donovan, the Board voted unanimously to approve the recommendation of the Beach Administrator to amend Paragraphs 1. and 13. of the Beach Rules and Regulations.  On a motion by Parlante, seconded by Donovan, the Board voted unanimously to approve the recommendation of the Beach Administrator to amend the Traffic Rules and Orders
The Board interviewed Alan Dodge for appointment to the Historical Review Road.  On a motion by Parlante, seconded by May, the Board voted unanimously to appoint Alan Dodge to the Historical Review Board.

The Board interviewed Robert McCaffery for appointment to the Recreation Committee.  There was consensus to take this appointment under advisement until after the final candidate is interviewed.

The Board of Selectmen held the following Shellfish Department public hearings consecutively.  Selectman Parlante recused himself and left the table.  Selectman May disclosed that he holds a commercial shellfish permit.  Shellfish Constable Bill Walton was in attendance and presented his recommendations as follows.  Selectman Donovan read the public notice.
a)  Applications for renewals and transfers of licenses of Egg Island licensed areas - the Shellfish Constable noted that although the Egg Island extensions were initially awarded for a 5 year period (inappropriately under Wellfleet's shellfishing regulations and policy), he is recommending 10 year renewals due to the expectations of the license holders.  On a motion by Donovan, seconded by May, the Board voted unanimously 4-0 to approve the recommendation of the Shellfish Constable to renew the following:
-    James Bruinooge, shellfish grant licenses #95-1 and #95-2, renewed for a period of 10 years commencing on the expiration date of March 1, 2003 and ending on March 1, 2013.
-    David Ziemba, shellfish grant licenses #95-29 and #95-30, renewed for a period of 10 years commencing on the expiration date of March 1, 2003 and ending on March 1, 2013.
-    Robert and Barbara Olson, shellfish grant licenses, #95-3 and #95-4, renewed for a period of 10 years commencing on the expiration date of March 1, 2003 and ending on March 2, 2013.
-    Meg Conor, shellfish grant licenses #95-9 and #95-10, renewed for a period of 10 years commencing on the expiration date of March 1, 2003 and ending on March 1, 2013 and to transfer these licenses to Margaret Conor and Jeffrey Pickard.
-    Paul Conor and Alfred Pickard, shellfish grant licenses #95-5 and #95-6, renewed for a period of 10 years commencing on the expiration date of March 1, 2003 and ending on March 1, 2013.



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-    Michael Wallick and Russ Apgar, shellfish grant license #95-27, renewed for a period of 10 years commencing on the expiration date of March 1, 2003 and ending on March 1, 2013.
-    Robert and Barbara Olson, shellfish grant licenses #95-3 and #95-4, renewed for a period of 10 years commencing on the expiration date of March 1, 2003 and ending on March 1, 2013 and shellfish grant license #2000-3, renewed for a period of 5 years commencing on the expiration date of March 1, 2003 and ending on March 2, 2008.
b)   Application for renewals and transfers of licenses of Blackfish Creek areas.
-   Steven Caminiti - the Shellfish Constable recommended renewal.  On a motion by May, seconded by Donovan, the Board voted unanimously 4-0 to approve renewal of shellfish grant license #01-02 held by Steven Caminiti for a period of 5 years commencing on the expiration date of the current license.
-   Paul Bonanno - the Shellfish Constable recommended renewal.  On a motion by May, seconded by Donovan, the Board voted unanimously 4-0 to approve renewal of shellfish grant license #00-07 held by Paul Bonanno for a period of 5 years commencing on the expiration date of the current license.
c)   Application for renewal and transfer of licenses of the Indian Neck area.  The Shellfish Constable noted that these are deep water grants which may never be highly productive and recommended that the Board consider awarding these licenses for a period of up to 5 years.  On a motion by May, seconded by Donovan, the Board voted unanimously 4-0 to approve the following for a period of 5 years:
-    Louis Doucette and Gerald Auch, shellfish grant license #01-06,  renewed for a period of 5 years commencing on the expiration date of the current license.
-    William Young, Jr., shellfish grant license #793, renewed for a period of 5 years commencing on the expiration date of the current license.
-    Richard Merrill, shellfish grant license #01-05, renewed for a period of 5 years commencing on the expiration date of the current license.
Selectman Parlante rejoined the Board.

The Board met with Alan Platt and Bob Hubby of the Open Space/Land Bank Committee to discuss a proposed process for disposition of Town-owned land.  Mr. Platt noted that the Committee is looking for an objective process for Town boards and committees to have input in the determination of the use of Town parcels.  The Town Administrator noted that this discussion is a first step after which the Board can consider addressing such a process as a bylaw or policy.  On a motion by Parlante, seconded by Donovan, the Board voted unanimously in support of moving the proposal forward.

The Board discussed:
a)  Business Licenses - on a motion by Parlante, seconded by Donovan, the Board voted unanimously to approve the business licenses as printed on the agenda.  (Two Dollar Tees (768 Rte. 6); Two Dollar Tees (464 Rte. 6); Two Dollar Tees $1.00 Shop; South Wellfleet General Store; The Juice Gallery; Cappello


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b)  Approval of Call Firefighter Appointment - on a motion by May, seconded by Parlante, the Board voted unanimously to approve Fire Chief Hight's appointment of Tim Woodman as a Call Firefighter.

The Town Administrator requested that the Board schedule a meeting next Monday, March 3rd to finalize budget matters.  It was requested that the Finance Committee be invited to the meeting.

Selectman Donovan presented his correspondence report and read the letter from Tom Flynn and the Friends of the Wellfleet Bandstand.  Mr. Flynn was in attendance and indicated that the "Friends" will submit their ideas and sketches within the next month.

The Board continued discussion:
c)  Request to Use Town Property - on a motion by Parlante, seconded by May, the Board voted unanimously to approve the request of the Wellfleet Historical Society to use the back yard at 335 Main Street (former Catholic Church) for a strawberry festival on June 15, 2003 from 2:30 to 4:00 p.m. per the Assistant DPW Director's recommendation that the area in the rear of the Church where test holes have been dug be roped off.
d)  Harbormaster Boat Bid - Selectman May recused himself and left the table.  The Town Administrator recommended that the bid for the Harbormaster/rescue boat be awarded to Bay Sails Marine, including the specified options, in an amount not to exceed $50,000.  On a motion by Parlante, seconded by Donovan, the Board voted unanimously 4-0 to award the bid for the Harbormaster/rescue boat to Bay Sails Marine.  Selectman May rejoined the Board.
e)  Beach Concessions Bid - on a motion by Parlante, seconded by Donovan, the Board voted unanimously to accept the bid of Gary Burgess, d/b/a The Dog Pound, for concession services at Newcomb Hollow Beach in the amount of $1,000 and to rebid concession services at White Crest Beach.

The Board discussed Catholic Church grant options vis-a-vis the memorandum from Alice Boyd regarding funding options for Wellfleet projects.

The Board discussed Special/Annual Town Meeting articles as follows:
1)   Special Town Meeting Article Requests (transfers, wage adjustments, police cruiser, Chapter 90, adjust borrowing capacity, Land Bank expenditures, Senior Center) - on a motion duly made and seconded, the Board voted unanimously to place these articles on the STM warrant.
2)   Annual Town Meeting Article Requests:
     -  Fireworks - on a motion by Donovan, seconded by Parlante, the Board           voted unanimously to place this article on the ATM warrant.
     -  Additional Firefighter/Paramedic position - on a motion by Donovan,              seconded by Houk, the Board voted unanimously not to place this article      on the ATM warrant.
     -   Land Bank Koessel property - on a motion by Donovan, seconded by             Parlante, the Board voted unanimously to place this article on the ATM         warrant.



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-    Land Bank expenditures - on a motion by Houk, seconded by Parlante, the Board voted unanimously to place this article on the ATM warrant.
-    Allocate contributions to Nauset Regional Schools per Regional Agreement - on a motion by Parlante, seconded by Donovan, the Board voted unanimously to place this article on the ATM warrant.
-    Revise Section IX of the Nauset Regional School District Agreement re:  capital projects - on a motion duly made and seconded, the Board voted unanimously to place this article on the ATM warrant.
-    Wellfleet Senior Center Utility Easement - on a motion by Donovan, seconded by Parlante, the Board voted unanimously to place this article on the ATM warrant.
-    Funds for Church property renovations - on a motion by Parlante, seconded by Donovan, the Board voted unanimously to place this article on the ATM warrant.
-    Transfer Map 36, Parcel 166 to Housing Authority - on a motion by Donovan, seconded by Parlante, the Board voted unanimously to place this article on the ATM warrant.
-     Affordable Housing Trust Fund - on a motion by Parlante, seconded by Donovan, the Board voted unanimously to place this article on the ATM warrant.
-    Funds to inventory Town-owned property - on a motion by Houk, seconded by Parlante, the Board voted unanimously to place this article on the ATM warrant.
-     Zoning Bylaw Amendments (Section II, Definitions, "Health Care Clinic"; Section 6.3.11, "Health Care Clinic"; Section 5.3, "Health Care Clinic"; Section II Definitions "Principal Uses"; Section II Definitions, "Lot"; Section 5.4  "Intensity of Use Application to More Than One Permitted Principal Use on a Lot"; Section 6.21.2; Section II Definitions "Dwelling, Affordable Accessory" - there was consensus to delay action on these articles until after the Planning Board's public hearings.
-    Funds for Estuaries Project - the Town Administrator noted that this article is no longer necessary.
-    Potassium Iodide Stockpiling Program - on a motion by Parlante, seconded by May, the Board voted 3-2, with Houk and Donovan voting against, to place this article on the ATM warrant.
-    Amend  Wellfleet Environmental Protection Bylaw Article 4 - on a motion by Donovan, seconded by Parlante, the Board voted unanimously to place this article on the ATM warrant.
-    Transfer lot #39, Map 8; lot #602, Map 23; lot #24, Map 7 to Housing Authority - Donovan moved and Parlante seconded a motion to not place these articles on the ATM warrant.  Selectman Houk requested more time to study these article requests - Selectman Parlante withdrew his second.  There was consensus to further discuss these article requests at the Board's March 10th meeting and to ask members of the Housing Authority and Affordable Housing Task Force to attend.
-    Amend General Bylaws re:  Mandatory Water Connections - there was consensus to postpone action on this article request until after the Board of Health hearing Wednesday evening.
-    Massachusetts Water Pollution Abatement Trust - on a motion by Donovan, seconded by May, the Board voted unanimously to place this article on the ATM warrant.



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-    Rental Registration Bylaw - on a motion by Donovan, seconded by Parlante, the Board voted unanimously to place this article on the ATM warrant.
-    Funds for Chamber of Commerce Booklet - on a motion by Parlante, seconded by Donovan, the Board voted unanimously to place this article on the ATM warrant.
-    Petition General Court to Raise Parking Ticket Fines - on a motion by Parlante, seconded by Donovan, the Board voted unanimously to place this article on the ATM warrant.
-    Amend General Bylaws (Article III, Town Affairs:  new section regarding Selectmen giving orders to employees and new section requiring Board/Committee and Town Meeting approval of a Policy or Management Plan; Article III, Section 7 add language regarding use of Town real property) - a motion by Donovan to place these articles was not seconded.  On a motion duly made and seconded, the Board voted unanimously to forward these articles to Town Counsel for review.

On a motion by May, seconded by Donovan, the Board voted unanimously to adjourn at 9:39 p.m.

                                                        Respectfully submitted,



                                                        Linda Smulligan
                                                        Administrative Assistant


                                                                                                        
Roger L. Putnam, Jr.                  Michael May                             Dale Donovan

                                                                        
Michael Parlante                      Jerry Houk