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BOS Minutes - 7/7/03
                                                     Board of Selectmen
Library Meeting Room
July 7, 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.

The Board held a dog hearing on the complaint filed by Mary Willis.  Selectman Wood read the public notice.  Chairman Donovan outlined the hearing process and noted that an investigation had been completed by the Wellfleet Police Department.  Chairman Donovan swore in Mary Willis, Jim Willis, Dog Officer Tracy DeMarco, Police Chief Richard Rosenthal, Officer Lloyd Oja and Lieutenant Ron Fissette as witnesses.  Mary and Jim Willis presented their complaint that Fred and Judy Tessonwhatever action is taken in this matter by the Board be applied toward all three dogs.  Chairman Donovan swore in Judy Tesson and offered her the opportunity to question the Willises which she declined.  Edward Tesson was sworn in and questioned the Willises regarding control of their dogs.  Judy Tesson  presented her statement noting that her dogs are not allowed to run free but have, on occasion, accidentally left her property.  She apologized for the  March 19th incident and indicated that she has just enclosed a section of her backyard to try to control her dogs.  Stacie Rose was sworn in and testified that she has never seen aggressive behavior displayed by the Tesson's dogs.  Chairman Donovan read letters submitted by Ms. Tesson from Edward Tesson and Ronnie Butilier in support of Ms. Tessoninvestigative report and recommendation from the Police Department.  On a motion by Wood, seconded by May, the Board voted unanimously to close the hearing.  The Police Chief outlined the documented incidents regarding the Tessondid on five occasions, 3/19/03, 4/4/03, 5/5/03, 6/20/03, 6/21/03, harass Jim and Mary Willis and their neighbors.  On a motion by Wilson, seconded by Houk, the Board voted unanimously to find that all five documented complaints have been within this calendar year.  On a motion by Wilson, seconded by Donovan, the Board voted unanimously to find that the Tessons have been fined in compliance with the local leash law once, for each of two dogs, for a total of $50.  May moved and Wood seconded a motion to follow the recommendation of the Wellfleet Police Department that the owners of the dogs in question be officially advised and warned that the dogs in question must be restrained (as defined below) at all times.  Failure to keep the dogs restrained can lead to a variety of sanctions, up to and including:  having the dogs being banished from Town, ownership of the dogs being given  up or  to  the  extreme  of,  having  them  put  down.   Term for a  restrained  dog while on



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property - the dogs are to be secured within the residence and/or within a suitable pen, inspected and approved by the dog officer, while outside the residence and/or along a suitable run, inspected and approved by the dog officer, while outside the residence; while off property - the dogs are to be under physical, not verbal, electronic or other types of command or control; the physical control will be in the form of a lead or like device inspected and approved by the dog officer used by a suitable person who must be capable of maintaining control of the dogs at all times.  Selectwoman Wilson moved to amend the motion by removing the words "or to the extreme of, having them put down."  The motion was not seconded.  The Board voted 4-1, with Wilson voting against, in favor of the original motion.

Lezli Rowell complimented the DPW for the installation of the docks at Gull Pond.

The Town Administrator announced the grand opening of the new Senior Center scheduled for Friday, July 11th at 10:30 a.m. noting that all are welcome.

The Board discussed goal setting and planning procedures and community surveys including the outline of suggested goals distributed by Chairman Donovan.  Discussion included an additional goal of revising the Local Comprehensive Plan, establishing a Local Comprehensive Plan Committee comprised of members of various Town boards, sending out a general survey and a survey specific to affordable housing, use of the 1993 Local Comprehensive Plan survey, scheduling a follow up to the future search conference, the Board's Statement of Goals Policy, and additional goals of charter review and establishing a wastewater management plan.  Selectwoman Wilson offered to do individual work on a wastewater management plan, to review it with the Board of Health and Health/Conservation Agent, and to bring it to the Board - the Town Administrator indicated that he had no objection to Selectwoman Wilson contacting the Health/Conservation Agent regarding this matter.

The Town Administrator noted his appointments/reappointments of lifeguards as follows:  Reappointments - Suzanne Blake (alternate), Dustin Brunelle, Luke Chapman, Benjamin Ment, Zachary Ment, Vanessa Morton, Adriana Picariello, Kevin Piermarini, Courtney Ryberg, Kristin Toomey (alternate), Michael Welch; Appointments
Other Business:
-  Selectman Houk:
  -  commented on the Town's fireworks display as being the best on the  outer   cape;
  -  suggested that the Board consider issuing multi-year business licenses - the Town Administrator will look into this matter;
  -  requested Board notification under special circumstances i.e. the closing of shellfishing at Indian Neck for the fireworks;
  -  noted the memo to the NRAB regarding Town employees - the Town Administrator will provide copies to the Board.
-   Selectman May suggested that letters of thanks relative to Wellfleet Night at the Cardinals game  be  drafted  to  Molly  Steele  for  singing  the  National  Anthem, Mac's  Seafood  for



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providing food for the players and Lisa Benson for providing tide charts and calendars.  There was consensus that Selectman Wood draft the letters.
-   Selectwoman Wilson:
-    Old Wharf Road Housing Authority lot - Chairman Donovan asked that the information be forwarded to the Town Administrator or Assistant Town Administrator;
-    noted concern relative to the signing and approval of the sixth amendment to the contract with Environmental Partners - Chairman Donovan suggested that this matter be discussed at a future date.

At 9:14 p.m. Wood moved and May seconded a motion to enter executive session to hold an initial screening, (including interviews if they are part of the initial screening process) of candidates for employment if an open meeting would have a detrimental effect in obtaining qualified candidates and for contract negotiations with non-union personnel and not to reconvene in open session.  Selectwoman Wilson indicated that she wished to reconvene in open session to continue the previous discussion regarding the signing of the contract amendment with Environmental Partners.  On the motion the Board voted 2-3 on a roll call vote (Houk - no, Wilson - no, Wood - no, May - yes, Donovan - yes).

On a motion by Wood, seconded by Wilson, the Board voted 3-2 at 9:18 p.m. on a roll call vote (Wood - yes, May - no, Houk - yes, Wilson - yes, Donovan - no) to enter executive session to hold an initial screening, (including interviews if they are part of the initial screening process) of candidates for employment if an open meeting would have a detrimental effect in obtaining qualified candidates and for contract negotiations with non-union personnel and to reconvene in open session.

The meeting reconvened in open session at 9:47 p.m.

The Board discussed the signing of the sixth amendment to the contract with Environmental Partners.  Selectwoman Wilson requested that any further amendments to the water project contract be reviewed and voted on by the Board before being signed.

On a motion by Houk, seconded by Wood, the Board voted unanimously at 10:10 p.m. to adjourn.

                                                                Respectfully submitted,

                                                                Linda Smulligan
                                                                Administrative Assistant


                                                                                                        
Dale Donovan, Chair                    Jerry Houk                                          Ira Wood

                                                                        
Michael May                                 Helen Miranda Wilson