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Board of Selectmen
Library Meeting Room
May 12, 2003
Minutes
The meeting was called to order at 7:00 p.m. by Chairman Dale Donovan. Selectmen present included Jerry Houk, Ira Wood and Helen Miranda Wilson. Town Administrator Tim Smith also attended.
Charles Mulligan congratulated the two new Selectmen on their election to the Board of Selectmen.
Chairman Donovan introduced those at the front table to the audience including Board members, Town Administrator and Administrative Assistant.
Houk moved and Donovan seconded a motion to approve the minutes of 4/9/03, 4/14/03, 4/22/03 and 4/28/03; it was noted that approval of these minutes should be delayed until Selectman May is in attendance and that approval of the Board of Water Commissioners section of the 4/9/03 should also be delayed.
Wood moved and Houk seconded a motion to approve the minutes of May 7, 2003. Arlene Kirsch and Selectwoman Wilson offered amendments to the minutes. The Board voted unanimously to approve these minutes as amended.
On a motion by Houk, seconded by Wilson, the Board voted unanimously to release the executive session minutes dated 8/24/92, 8/17/92, 8/10/92, 8/3/92, 7/27/92, 7/20/92, 7/17/92, 7/6/92, 7/2/92, 6/8/92, 5/26/92, 5/18/92.
The Town Administrator noted that Amendment 5 to the contract for engineering services for the municipal building water project in the amount of $110,000 will be in the Board
Selectman Houk announced that Assistant to the Town Accountant Jane Tesson has passed examinations and is now a Certified Governmental Accountant.
Chairman Donovan presented the correspondence report noting that Clerk Wood was out of Town, and could not perform this task this week.
The Board held the following Shellfish Department public hearings. Selectman Wood read the public notice. Acting Shellfish Constable Jim McGrath was in attendance and presented his recommendations as follows:
- Application from Sandra Mitchell for Renewal of Shellfish Grant Licenses #95-21 and #95-22 located at Egg Island - the Acting Shellfish Constable indicated that the Board had voted to transfer these grants to
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- Application from Clifford Dalby and Jacob Dalby for renewal of Shellfish Grant Licenses #95-31 and #95-32 located at Egg Island - the Acting Shellfish Constable recommended approval of this renewal for a period of ten years from March 1, 2003 until March 1, 2031. On a motion by Houk, seconded by Wood, the Board voted unanimously to approve the recommendation of the Shellfish Constable.
- Application of Lisa Dexter for renewal of Shellfish Grant License #01-03 located at Indian Neck - the Acting Shellfish Constable recommended non-renewal of this license noting that an annual report has not been filed since 2001, a lack of activity on the grant and that the previous year's report fell below minimum standards. Lisa Dexter addressed the Board and explained that the previous Shellfish Constable was considering allowing leeway in this matter because this grant is in deep water, that she has oysters to be transplanted, that an order has been placed for more oysters and requested a two year renewal. Selectman Houk suggested a one year renewal to which Ms. Dexter agreed. On a motion by Houk, seconded by Wood, the Board voted unanimously to
renew Shellfish Grant License #01-03 for a period of one year.
- Chipman's Cove - the Acting Shellfish Constable recommended amendment of Section V (Open and Closed Areas - Chipman's Cove) of the Temporary Shellfish Regulations to close Chipman's Cove for the taking of all shellfish as of ½ hour after sunset on Tuesday, May 13, 2003 to remain closed until further notice and that an area marked by the Shellfish Department be designated for the purpose of oyster spat collection and remain open in ChipmanConstable explained that the Shellfish Advisory Committee had initially recommended that the Cove close on April 30th, but that this hearing before the Board of Selectmen could not have been scheduled sooner than May 12th. Discussion included better informing the public about the opening and closing of areas for the taking of shellfish. The Board voted unanimously in favor of the motion.
- Duck Creek - the Acting Shellfish Constable recommended that Duck Creek close as of ½ hour after sunset on Wednesday, April 30, 2003
Correspondence continued:
- The Forum discussion on the "State of the Town" scheduled for May 22nd at 7:00 p.m. in the Library Meeting Room was announced.
- Letter from Drew Brown requesting lobbying assistance on House Bill affecting SEMASS - on a motion by Wood, seconded by Houk, the Board voted unanimously to send a letter to Representative Gomes.
- Letter from Howard Cox requesting to lease Town property in C2 zone - it was suggested that the Board first discuss other potential uses of the area and a process for leasing Town property. There was consensus to schedule this on a future Board agenda.
- Letter from Sherry Ayres, Toxic Action Center, regarding use of pesticides by Mass Highway Department - on a motion by Donovan, seconded by Houk, the Board voted unanimously to ask Selectwoman Wilson to contact Mass Highway to get more information on this matter.
- Planning Board member Mark Berry: Disclosure statements as suggested by State Ethics Committee Attorney - it was noted that Mark Berry of the Planning Board has filed a Disclosure of Appearance of Conflict of Interest due to an appearance of a conflict and that it does not require action by the Board.
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- Douglas Franklin: "Resignation" from Habor Planning Group - it was requested that a letter of thanks be drafted to Douglas Franklin.
- Helen Miranda Wilson: Resignation from Planning Board, Afforable Housing Task Force, Water Issues Advisory Board - Selectman Houk, on behalf of the Board, thanked Selectwoman Wilson for her work on these boards.
- Arlene Kirsch requested that a copy of the Open Space Committee's recommendation that parcel lot 143, Map 16 (Old Kings Highway) be retained for conservation purposes under the Conservation Commission be copied to the Finance Committee.
Chairman Donovan suggested that the Board meet next Monday, May 19th, to discuss Board policies, procedures and goals. On a motion by Wilson, seconded by Wood, the Board voted unanimously to meet next Monday, May 19th, at 7:00 p.m.
Selectwoman Wilson noted receipt of information regarding the Mayo Beach bath house and suggested a meeting of the Water Commissioners. Discussion included the Town Meeting vote regarding the bath house, applying for grants for the project, the deed to Baker's Field and the need to develop a master plan by September 2nd.
The Board discussed:
a) Approval of Fire Department Seasonal Appointments - Fire Chief Hight presented his appointment of Mark Lang and Ryan VanBuskirk as seasonal call Firefighter/EMTs. On a motion by Wood, seconded by Donovan, the Board voted unanimously to approve these appointments.
b) Requests to Use Town Property:
- Quiksilver - on a motion by Wood, seconded by Houk, the Board voted unanimously to approve the request of Jason Borte (Quiksilver) to use White Crest Beach on June 28th from 8:30 a.m. to 2:00 p.m. for surf instruction to 80 campers with the following conditions: the applicant is responsible for trash and debris pickup, no jacks from RVs shall damage the hot mix and a fee of $15 per vehicle. Selectwoman Wilson recused herself and left the table.
- Ken Rose Septic - on a motion by Wood, seconded by Houk, the Board voted unanimously 3-0 to approve the request of Ken Rose (Ken Rose Septic) to use parcel 52, Town Hall property, paved area in front of "Puritan Store" a.s.a.p. for one 10 hour period for installation of a septic tank on parcel 51 and to park trucks and equipment on the paved area while working on site. Selectwoman Wilson rejoined the Board.
- Luke Simpson - Mr. Simpson was in attendance and outlined his request. On a motion by Wood, seconded by Houk, the Board voted unanimously to approve the request of Luke Simpson (Cape Cod Oceanrafting) to use the loading dock next to the boat ramp at the Town Pier from May - Clarence S. Smith for John R. McKay Post 287, A.L. (American Legion, Dept. of MA, Inc.) - on a motion by Houk, seconded by Wilson, the Board voted unanimously to approve the request of the American Legion to use the front lawn of Town Hall, easterly side and drive abutting the former Puritan's Store, with a rain place at Wellfleet Elementary School gym, on Monday, May 26, 2003 from 8:30-10:00 a.m. for the annual Memorial Day service.
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- H. Korim (Friends of the Dump) - on a motion by Wood, seconded by Houk, the Board voted unanimously to approve the request of Friends of the Dump to use the Swap Shop on May 24th from 8 a.m. to 3 p.m., plus time for cleanup, for the 11th annual "Yard Sale at the Dump" at the swap shop to benefit the Eric Douglis Memorial Scholarship Fund.
c) Agenda Action Request Form - to next Monday's meeting
d) Business Licenses - on a motion by Wood, seconded by Wilson, the Board voted unanimously to approve the business licenses of Mac's Seafood Market; Mac's Seafood Takeout; The Newsdealer; Uncle Frank's; Wellfleet Harbor Actors Theater, Inc.; Eric's Seafood Restaurant, Inc.; Just Dessert; Seaberry Surf Gift Shop; Seaberry Surf Mobil Hot Dog Cart; Marconi Beach Rest; Gobble "n" Go.
e) Town Administrator Appointments - the Town Administrator presented his appointments. On a motion by Houk, seconded by Wilson, the Board voted unanimously to waive the fourteen waiting period in this case because the appointees are rehires. (Barbara Atwood, Michael Bentz, Victor Biasella, Ken Birchall, Ryan Birchall, Kenneth Blake, David Bonanno, Berta Bruinooge, Joseph Carroll, Diane Chudomel, Raymond Craven, Alex Del Negro, Patrick Finn, Mark Koch, Lauren Kramp, Linette Letendre, Ian Mack, John McMahan, Tim Moriarty, David Pike, Scott Rogers, Jill Thomas, Justin Traut, Thomas Uliasz, Kenneth Weissman, Elyssa Winzeler, Amy Wolfe)
f) Request to Close Business: High Toss Pizza & Café - on a motion by Houk, seconded by Wood, the Board voted unanimously to approve the request of Jade L. Huber to close High Toss Pizza & Café from May 12, 2003 to May 19, 2003 for painting and cleaning.
g) Shellfish Constable Position - discussion included the job description and possible hiring process. On a motion by Wood, seconded by Houk, the Board voted unanimously to scratch the term
Selectwoman Wilson suggested setting a date for a meeting of the Water Commissioners and was asked to present an agenda for such a meeting at the next Board meeting.
On a motion by Houk, seconded by Wood, the Board voted unanimously to adjourn at 9:25 p.m.
Respectfully submitted,
Linda Smulligan
Administrative Assistant
Dale Donovan, Chair Jerry Houk Ira Wood
Helen M. Wilson
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