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BOS Minutes - 3/10/03
Board of Selectmen
Library Meeting Room
March 10, 2003
Minutes

The meeting was called to order at 6:30 p.m. by Chairman Roger L. Putnam, Jr.  Selectmen present included Michael May, Dale Donovan and Michael May.  Selectman Jerry Houk arrived at 6:36 p.m.  Town Administrator Tim Smith also attended.

The Board discussed the Special and Annual Town Meeting warrants as follows:
1.   Special Town Meeting articles:
-    Article 1 (transfers) - on a motion by Donovan, seconded by May, the Board voted unanimously to recommend this article.
-    Article 2 (wage adjustments) - on a motion by Parlante, seconded by Donovan, the Board voted unanimously to recommend this article.
-    Article 3 (police cruiser) - on a motion by Parlante, seconded by May, the Board voted unanimously to recommend this article.
-    Article 4 (adjust borrowing capacity) - on a motion by May, seconded by Parlante, the Board voted unanimously to recommend this article.
-    Article 5 (Land Bank expenditures) - on a motion by Donovan, seconded by May, the Board voted unanimously to recommend this article.
-    Article 6 (Senior Center) - on a motion by Parlante, seconded by May, the Board voted unanimously to recommend this article.
-     Article 7 (Church property renovations) - on a motion by Donovan, seconded by Parlante, the Board voted unanimously to recommend this article.

Selectman Houk arrived at 6:36 p.m.

2.   Additional article requests
-    Transfers - Beach Fund to #699 Beach Program ($17,000 to purchase a MTR2000 analog conventional repeater station) - there was consensus to postpone a decision on placing this transfer on the warrant until later in the meeting to obtain information from the Beach Administrator.
-    Replace ambulance - on a motion by Parlante, seconded by Donovan, the Board voted unanimously to place this article on the STM warrant.  On a motion by Parlante, seconded by Donovan, the Board voted unanimously to recommend this article.

The Town Administrator recommended that the Board schedule a meeting next Monday, March 17th to finalize budgets.  There was consensus to do so.

3.   Annual Town Meeting articles:
-    Gifts - on a motion by Parlante, seconded by Donovan, the Board voted unanimously to recommend this article.
-    Authorize Town Collector and Treasurer to collect taxes - on a motion by Parlante, seconded by May, the Board voted unanimously to recommend this article.



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-    Indemnify DEP - on a motion by May, seconded by Donovan, the Board voted unanimously to recommend this article.
-    Fireworks - on a motion by Parlante, seconded by May, the Board voted 4-1, with Donovan voting against, to recommend this article.
-    Chamber of Commerce - on a motion by Parlante, seconded by May, the Board voted 4-1, with Donovan voting against, to recommend this article.
-    Inventory Town-owned property - there was consensus to specify "real" property.  On a motion by Parlante, seconded by Donovan, the Board voted unanimously to recommend this article.
-     Stabilization Fund - on a motion by Parlante, seconded by May, the Board voted 4-1, with Donovan voting against, to recommend this article.
-    Chapter 90 - on a motion by Donovan, seconded by May, the Board voted unanimously to recommend this article.
-    Coles Neck Extension water system - the Town Administrator noted that bids for the system are due March 26th and additional funds could be considered under this article if necessary.  On a motion duly made and seconded, the Board voted unanimously to recommend this article.
-    Senior Center utility easement - on a motion by Donovan, seconded by Parlante, the Board voted unanimously to recommend this article.
-    Nuclear Regulatory Commission's Potassium Iodide Stockpiling Program - on a motion by Parlante, seconded by May, the Board voted 3-2, with Houk and Donovan voting against, to recommend this article.
-     Land Bank Koessel property - on a motion by Donovan, seconded by       Parlante, the Board voted unanimously to recommend this article.
-     Land Bank expenditures - on a motion by Donovan, seconded by               Parlante, the Board voted unanimously to recommend this article.
-     Petition General Court to increase parking penalties - on a motion by         Parlante, seconded by May, the Board voted unanimously to                      recommend this article.
-     Affordable Housing Trust Fund - on a motion by Donovan, seconded      by Parlante, the Board voted unanimously to recommend this article.
-     Transfer Map 36, Parcel 166 to Housing Authority - on a motion by           Donovan, seconded by Parlante, the Board voted unanimously to             recommend this article.
-     Rental Registration Bylaw - on a motion by Donovan, seconded by           Parlante, to recommend this article the Board voted 2-3, with Houk, May  and Parlante voting against.
-     Amend Article 4 of the Wellfleet Environmental Protection Bylaw - on a    motion by Parlante, seconded by Donovan, the Board voted                       unanimously to recommend this article.
-     Accept M.G.L. Chapter 71, 16B - on a motion by Parlante, seconded by     May, the Board voted unanimously to recommend this article.
-     Amend Section VIII of the Nauset Regional School District Agreement - on a motion by Parlante, seconded by May, the Board voted unanimously to recommend this article.
-    Hear Reports - on a motion by Parlante, seconded by May, the Board voted unanimously to recommend this article.
-     Petitioned article re:  no regional solid waste facility - no action taken.



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-    Petitioned article re:  The Juice Bar - on a motion by Parlante, seconded by May, the Board voted 3-2, with Donovan and Putnam voting against, to recommend this article.
-     Petitioned article re:  policy, regulation, management plan or            management districting submitted to Board/Committee and Town Meeting - on a motion by Donovan, seconded by Parlante, the Board voted unanimously to reserve recommendation to Town Meeting.
-     Petitioned article re:  amend General Bylaws Article III, Town Affairs  re:   policy or management plan submitted to Board/Committee and Town        Meeting - it was requested that action on this article be delayed                 pending advice from Town Counsel.

The Board held a public hearing to consider amendments to the fee structures of the following departments.  Selectman Donovan read the public notice.
a)   Board of Health - Health/Conservation Agent Emily Beebe was in attendance and presented her recommendations noting a projected revenue increase of $9,500.  Donovan moved and May seconded a motion to approve the fee schedule as submitted.  Parlante moved to amend the motion to set the fee for a Commercial Septic Construction permit (new) at $250 and for a Residential Septic Construction Permit (new) at $200.  Donovan accepted the amendment.  The Board voted unanimously in favor of the amendment and the motion as amended.
b)  Fire Department - Fire Chief Alan Hight was in attendance and presented his recommendations noting that the addition of an "Agency Fee" covers part of the cost of permit inspections.  Donovan moved and May seconded a motion to approve the fee schedule as presented.  On a motion by Parlante, seconded by May to amend the motion by raising the fee for "Dept. Reimburse/Restitution Public Records Search" from $8 to $20 per hour the Board voted 4-1, with Houk voting against.  The Board voted unanimously in favor of the original motion as amended.
c)  Building Department - Building Inspector Rick Asmann was in attendance and presented his recommendations noting that if his recommendations are approved, departmental revenues would increase approximately 18%.  On a motion by Donovan, seconded by Parlante, the Board voted unanimously to accept the fees as recommended by the Building Inspector.
d)  Beach Department - Beach Administrator Suzanne Thomas was in attendance and presented her recommendations to maintain the resident sticker rate of $10.00 and to raise the remaining categories by $10/week.  Discussion included the condition of the beach facilities and the suggestion that the Board consider a non-binding referendum regarding where the Town wishes to go relative to tourism.  On a motion by Donovan, seconded by May, the Board voted unanimously to approve the beach fees as recommended.
e)  Shellfish Department - Assistant Shellfish Constable Jim McGrath was in attendance and presented the Department's recommendation to create a seasonal family permit.  Discussion included enforcement, additional costs, impact on the resource and the need to define the term "family".  On a motion by Parlante, seconded by Houk, the Board voted unanimously not to approve the recommendation of the Shellfish Department.
f)   Recreation Department - Recreation Director Becky Rosenberg and Assistant Recreation Director Angel Robinson were in attendance.  Ms. Rosenberg presented her recommendations noting that per State regulations, the Town cannot more than double the fee  to  non-residents  for  programs  at  Baker's Field.  On a motion by Parlante, seconded by



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Donovan, the Board voted unanimously to approve the Recreation Department fee schedule as presented.

3.   Continued - Annual Town Meeting Articles:
-    Petitioned articles (3) to amend Article III of the General Bylaws re:  policy or management plan submitted to Board/Committee and Town Meeting, Selectmen giving orders to officers or employees of the Town and use of Town real property - on a motion duly made and seconded, the Board voted unanimously to forward these articles to the Bylaw Committee for recommendation.
-    Petitioned articles (3) to transfer Lot 24, Map 7; Lot 602, Map 23; Lot 39, Map 8 to the Housing Authority - on a motion duly made and seconded the Board voted unanimously to forward these articles to the Finance Committee, Housing Authority, Planning Board, Open Space/Land Bank Committee, Conservation Commission, Board of Health and Affordable Housing Task Force for recommendation.

It was suggested that the Housing Authority submit information relative to the number of acres currently controlled by the Housing Authority including the value of the lots and the number of qualified applicants for prior projects.

-    Petitioned article re:  request Town support of a policy of unbiased policy and protection of civil and Constitutional rights - on a motion by Donovan, seconded by Houk, the Board voted unanimously to recommend this article.
-    Standard last article - on a motion by Parlante, seconded by May, the Board voted unanimously to recommend this article.

4.   Other article requests:
      -    Transfer from Beach Fund to Beach Department, $17,000 to purchase a           MTR2000 analog conventional repeater station - the Beach                               Administrator explained that this piece of equipment would allow                     departmental communications over a greater distance and amended the          request to $9,500.  On a motion by Parlante, seconded by May, the                  Board voted 4-1, with Donovan voting against, to place this transfer on         the STM warrant.
     -     Zoning Bylaw amendment articles ("Health Care Clinic", Section II                   Definitions, Section 6.3.11, Section 5.3; Section II, Definitions,                          "Principal Uses"; Section II Definitions, "Lot"; add Section 5.4.13;                   amend Section 6.21.2; Section II Definitions, Dwelling, Affordable                    Accessory) - on a motion by Parlante, seconded by May, the Board                voted unanimously to place these articles on the ATM warrant.                        Discussion included the proposed amendment to Section 5.4.13.  On a            motion by Parlante, seconded by Donovan, the Board voted 4-0-1, with          Houk abstaining, to recommend these articles.
     -      Housing Authority Article requests (transfer lot 39, Map 8; lot 602,                  Map 23; lot 24, Map 7 to Housing Authority) - Selectman Donovan                 suggested that a series of "benchmarks" be included in these articles.            On a motion by Parlante, seconded by May, the Board voted                            unanimously that Chairman Putnam and Selectman Donovan work with          the Town Administrator/Assistant Town Administrator to amend the             language of these articles.



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Announcements - the Assistant Town Administrator announced that Betsy Lane of Kopelman and Paige will hold a round table discussion on roads and access tomorrow from 4 to 6 p.m. in the Library.

Fire Chief Hight introduced Len Nelson, Director of the Cape and Islands Emergency Medical Systems, who presented a certificate signed by the Commissioner of Public Health, Christine Ferguson, and two road signs designating Wellfleet as a Heart Safe Community.

On a motion by Parlante, seconded by May, the Board voted unanimously to approve the minutes of February 24, 2003 and March 3, 2003.

On a motion by Parlante, seconded by May, the Board voted unanimously to release the executive session minutes dated 8/2/93; 7/19/93; 7/12/93; 6/28/93; 6/14/93; 6/7/93; 6/1/93; 5/3/93; 4/21/93; 4/12/93; 3/26/93; 3/12/93.

The Town Administrator informed the Board of the March 20th telephone conference with Representative Gomes, Senator O'Leary, and the Governor's budget staff regarding Chapter 70 funding at Eastham Town Hall.  He invited the Board for a tour of the new Senior Center building on Thursday at 10 a.m.

Selectman Donovan presented his correspondence report noting receipt of reports from Public Safety Review Committee members Ken Kimball, Lisa Brown and Berta Bruinooge.  Chairman Putnam requested that discussion of these reports be scheduled for March 31st.  It was suggested that these reports be sent to the other Committee members.  Selectman Donovan also noted receipt of an application from Ken Granlund, Jr. for appointment to the Planning Board/Board of Health/ZBA and the letter from the Cape Cod Commission informing the Board of the need to appoint/reappoint a Cape Cod Commission representative.  Alan Platt, the current representative, was in attendance and indicated his willingness to continue to serve.  On a motion by Putnam, seconded by Houk, the Board voted unanimously to reappoint Alan Platt to the Cape Cod Commission.

The Board discussed:
a)  Approval of Appointment of Call Firefighter - Fire Chief Hight was in attendance and presented his recommendation.  On a motion by Parlante, seconded by May, the Board voted unanimously to approve the appointment of Zach Goldstein as a call Firefighter/EMT.
b)  Amnesty Day - Health/Conservation Agent Emily Beebe was in attendance and recommended that Amnesty Day be scheduled for April 5th.  She outlined proposed changes to the regulations including reducing the hours to 8 a.m. to 2 p.m., reducing the DPW office hours to 8 a.m. to noon, limiting the number of appliances, box springs and tires that can be disposed of and establishing a limit of one load per household.  On a motion by Parlante, seconded by May, the Board voted unanimously to approve Amnesty Day for April 5th with a rain date of April 12th.
c)   Schedule Meeting with Board of Health - there was consensus to schedule a meeting of the Water Commissioners with the Board of Health for Wednesday, April 9th at 6:30 p.m.  The



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Town Administrator noted that bids for the municipal building water system will be opened on March 26th and suggested that the Board meet with Paul Gabriel of Environmental Partners to address outstanding water issues.
d)  Regional Emergency Planning Committee - on a motion by Parlante, seconded by Donovan, the Board voted unanimously to assign Police Chief Richard Rosenthal as the Town's Emergency Response Coordinator for the Barnstable County Emergency Planning Committee.
e)  Business Licenses - Selectman Parlante disclosed that he is part of a corporation which holds a business license.  Selectman May recused himself from the approval of Ragg Time's business license.  Selectman Houk questioned why Wellfleet Furniture and Pottery Shop was not required to obtain a special permit - the Town Administrator was asked to check with the Building Inspector regarding this matter.  On a motion duly made and seconded the Board voted unanimously to approve the business licenses of Bayside Lobster Hutt; Ragg Time; Black Duck; Wellfleet Furniture and Pottery Shop and Kelley's Flowers.

On a motion by Parlante, seconded by May, the Board voted unanimously at 9:27 p.m. to adjourn.

                                                        Respectfully submitted,



                                                        Linda Smulligan
                                                        Administrative Assistant


                                                                                                        
Roger L. Putnam, Jr.                    Michael May                              Dale Donovan

                                                                        
Michael Parlante                      Jerry Houk