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BOS Minutes - 9/23/03
Board of Selectmen
Senior Center
September 23, 2003
Minutes

The meeting was called to order at 6:30 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.

At 6:31 p.m. Houk moved and May seconded a motion to enter executive session to conduct a preliminary screening of candidates for employment and to reconvene in open session.  Wilson recused herself from the executive session noting that she has been advised that a board member who recuses themselves from an executive session may not remain in the room during the executive session.  The Board voted unanimously on a roll call vote (Houk, Wilson, May, Wood, Donovan - yea) in favor of the motion.

Chairman Donovan reconvened the meeting at 7:00 p.m.

The Board held a public hearing to consider the application of S.P.A.T. (Wellfleet Oysterfest Committee) for a two day beer and wine license for Saturday, October 18, 2003 from 10 a.m. to 4 p.m. and Sunday, October 19, 2003 from 12 noon to 4 p.m.  The event is to be held in the Town Hall parking lot and Main Street from Bank Street to the Church parking lot/inclusive.  Wood read the public notice.  Lisa Brown was in attendance and indicated that S.P.A.T. has purchased liability insurance and the Townallow for a waiver and liability issues.  On a motion duly made and seconded, the Board voted unanimously at 7:30 p.m. on a roll call vote (Houk, Wilson, May, Wood, Donovan - yea) to enter executive session to conduct a preliminary screening of candidates for employment and to reconvene in open session at 8:00 p.m. to continue this hearing.  

Chairman Donovan reconvened the meeting at 8:00 p.m.

The Board continued the public hearing on the application from S.P.A.T.  It was suggested that the Board review State Law and the General Bylaw and continue the hearing.  On a motion by Wood, seconded by Houk, the Board voted 4-1, with Donovan voting against, to continue this hearing to September 30 at 9:00 p.m. at the Library.

The Board discussed:
a)  Request to Use Town Property - on a motion by May, seconded by Houk, the Board voted unanimously to approve the request of S.P.A.T. to use Main Street from Holbrook/Briar Lane to Bank St., inclusive of all lots and lawns, etc. on Friday, October 17 at 5 p.m. for tent set up, and on Saturday, October 18 from 6 a.m. through 4 p.m. and Sunday, October 19 from 9 a.m.  to  5  p.m. and  on  Monday  a.m.  for  tent  breakdown for the Oysterfest including craft



Page 2 - Board of Selectmen Minutes - 9/23/03

    tents, food vendors, parking in church lots and at the pier, music stage, kids       events, beer tent, porta-potties, race, parade, demos, dog agility demo at              Mayo Beach and 50x20 tent uptown.

Announcements - Cyndi Moe addressed the Board regarding possible use by a private party of a piece of Town property on Old Chequessett Neck Road and requested signage.  The Town Administrator will look into this matter.

The Board continued discussion:
b)  Use of Town Property - on a motion duly made and seconded, the Board voted unanimously to approve the request of the International Women
c)  Request for Appointment of Special Police Officer - on a motion by Wood, seconded by May, the Board voted unanimously to appoint North District National Seashore Park Ranger Craig Thatcher as a special police officer through June 30, 2003.
d)  Policy on Disposition of Town-owned Land - on a motion by Wilson, seconded by Donovan, the Board voted unanimously to add the following sentence after "Recommended Timeline":  "The following timeline is recommended for any proposal requiring Annual Time Meeting approval.  It is recommended that submissions for this review process should be made at least sixteen (16) weeks prior to any Special Town Meeting."  On a motion by Wood, seconded by Wilson, the Board voted unanimously to adopt this policy.
e)  Selectmen's Appointments from Building Use Committee to 335 Main Street Committee - on a motion by Donovan, seconded by May, the Board voted unanimously to appoint Mary Fox and Larry Peters to the 335 Main Street Committee.
f)   Coles Neck Water System Extension Project - Wilson asked for clarification relative to the Water Commissioner's February 3rd vote regarding construction in the Central District.  The Town Administrator indicated that there will be no construction in the Central District prior to the Oyster Festival.

Selectman Wood presented his correspondence report.

The Town Administrator noted receipt of a legal opinion from Town Counsel indicating that the proposed additions to the Coles Neck extension water project (cross connections and service connections) are within the scope of the Town Meeting article.  Wilson asked if Town Counsel was aware that the majority of the cross connections and service connections are to private property and if he had received the list of hookups.  The Town Administrator indicated that Town Counsel was aware that the connections are to serve properties which are currently private and had received the list of hookups.

Comments/Reports:
-   Wood asked when the Board will discuss the appointment of a Shellfish Constable.  The Town Administrator suggested that it be done this evening in executive session.



Page 3 - Board of Selectmen Minutes - 9/23/03

-    Wilson indicated that the Board's vote regarding service connections and cross connections should  have  been  taken as  the  Board of  Water Commissioners and suggested scheduling a meeting of  the Board of  Water  Commissioners  to  revote  these matters.  Donovan indicated  that the Board of Selectmen makes decisions regarding the laying of pipe.  Wilson indicated that she wants to hear from Town Counsel regarding the duties of the Board of Water Commissioners vs. the Board of Selectmen regarding water issues.  Donovan suggested that Wilson's questions be written down.  Wilson questioned the status of her previous questions to Paul Gabriel of Environmental Partners.  Donovan suggested that the Board review questions and determine if they should be forwarded to Town Counsel.  The Town Administrator noted the cost of obtaining legal opinions.  Wilson moved and Houk seconded a motion to ask John Giorgio to give the Board a legal opinion as to what the differences of concern and jurisdiction are for the Board of Selectmen and Water Commissioners when they are the same people within a municipality.  Houk noted that the Water Commissioners set policy and determine who hooks up and at what cost, the Board of Selectmen expends funds voted and appropriated by Town Meeting.  On the motion, the Board voted 1-4, with Wilson voting in favor and Houk, Donovan, May and Wood voting against.

On a motion by Wood, seconded by Wilson, the Board voted unanimously to approve the minutes of September 9, 2003 with one amendment.

On a motion duly made and seconded, the Board voted unanimously to release the executive session minutes of 10/28/87, 4/10/84, 12/30/83, 6/1/81, 9/8/78, 7/11/77.

On a motion by May, seconded by Wood, the Board voted unanimously at 9:05 p.m. on a roll call vote (Houk, Wilson, May, Wood, Donovan - yea) to enter executive session to discuss contract negotiations with non-union personnel and the preliminary screening of applicants for employment and not to reconvene in open session.

                                                        Respectfully submitted,



                                                        Linda Smulligan
                                                        Administrative Assistant


                                                                                                        
Dale Donovan, Chair                    Jerry Houk                                           Ira Wood

                                                                        
Michael May                                 Helen Miranda Wilson