Board of Selectmen
Library Meeting Room
March 29, 2004
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 considered the request of Provincetown High School to use Wellfleet’s tennis courts as soon as possible, Monday through Friday, from 3-6 p.m. for approximately two weeks for the tennis team to practice. It was noted that the Recreation Director is recommending a charge of $200.00. On a motion by May, seconded by Wood, the Board voted unanimously to approve the request.
The Board reviewed the Special/Annual Town Meeting warrants as follows:
· Zoning Articles:
o Article to amend Zoning Bylaw Section II, Definitions re: Home Occupation; article to amend Zoning Bylaw Section VI, General Regulations re: Home Occupations; article to amend Zoning Bylaw Section II, Definitions re: Service Trade; article to amend Zoning Bylaw Section VI, General Regulations re: Service Trades – Planning Board Chair Denny O’Connell noted that these articles merely rearrange the Bylaw and suggested that they be combined for consideration at Town Meeting. On a motion by Wood, seconded by Wilson, the Board voted unanimously to recommend these articles.
o Article to amend Zoning Bylaw Section 5.3.2, Use Regulations, Commercial – Mr. O’Connell noted that this article will allow service trades business in the National Seashore Park district by special permit. On a motion by Wilson, seconded by Houk, the Board voted unanimously to recommend this article.
o Article to amend Zoning Map and Bylaws Section III, Districts, Section 3.3, Zoning Map – Mr. O’Connell noted that this article is a re-do of the Zoning Map with no changes. The Assistant Town Administrator noted the amended article wording recommended by Town Counsel. On a motion by Wood, seconded by Wilson, the Board voted unanimously to place the changed wording and to recommend this article.
o Article to amend Zoning Bylaw Section IX, Overlay Districts, Section 9.1.2, Districts Established – Mr. O’Connell noted that this article will establish a wellhead district to provide protection for the Grist Mill Way wells and that a map will be available at Town Meeting. On a motion by Wood, seconded by Wilson, the Board voted unanimously to recommend this article.
o Article to file a home rule petition to create a property tax exemption for rental properties restricted as affordable housing – on a motion by Wood, seconded by May, the Board voted unanimously to recommend this article.
o Petitioned article to amend Zoning Bylaw Section 6.21, Affordable Accessory Dwelling Units – Mr. O’Connell explained the article. On a motion by Wilson, seconded by Donovan, the Board voted 4-0-1, with Houk abstaining, not to recommend this article.
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Moderator Dan Silverman indicated that the initial four Planning Board articles could be grouped at Town Meeting for discussion purposes but for voting purposes a positive vote of the meeting would be necessary.
· Special Town Meeting: Article 1 (transfers) – the Town Administrator noted the addition of a transfer from free cash to #151 Legal in the amount of $24,000 for a total transfer from free cash of $168,560. On a motion by Wood, seconded by May, the Board voted unanimously to add this transfer and to recommend this article.
· Annual Town Meeting Articles:
o Operating Budget Article – on a motion by Wood, seconded by May, the Board voted unanimously to recommend this article
o Capital Budget Article – the Town Administrator recommended capital budget reductions of $70,000 for East Commercial Street drainage, $30,000 for the Town Hall septic system and $20,000 for Town Hall carpet replacement and removal of the Stabilization Fund article. On a motion duly made and seconded, the Board voted 4-1, with Wilson voting against, to recommend this article.
o Marina Enterprise Fund Article – on a motion by Wood, seconded by May, the Board voted unanimously to recommend this article.
o Article to amend General Bylaws Article III Town Affairs, by adding Section 14 Wellfleet Water System Expansion Financing – the Town Administrator noted the amended language from Town Counsel. On a motion by Wood, seconded by May, the Board voted 4-1, with Wilson voting against, to recommend this article as amended.
o Article for new Water Department/DPW employee – on a motion by Wood, seconded by May, the Board voted 3-2, with Houk and Wilson voting against, to recommend this article.
o Article for contract services to operate new water system – Wood moved and May seconded a motion to place this article on the ATM warrant. Discussion included the need for somebody to operate the corrosion control system. John Makely explained the Personnel Board’s reasons for recommending the previous article. On the motion the Board voted 3-2, with Houk and Wilson voting against. On a motion by Wood, seconded by May, the Board voted unanimously not to recommend this article.
o Article for a water tower and additional water source and larger capacity pump at Cole’s Neck – on a motion by Wood, seconded by Wilson, the Board voted unanimously to remove this article from the warrant.
o Article to develop a redundant water source and larger capacity pump at Cole’s Neck – on a motion by Wood, seconded by May, the Board voted unanimously to place this article on the ATM warrant. On a motion by Wood, seconded by May, the Board voted unanimously to recommend this article.
o Article for water tower – Wilson moved and Houk seconded a motion to not place this article on the ATM warrant. The Town Administrator noted that SRF funds are available for this project but a design is needed. On the motion the Board voted 1-4 with Donovan, Houk, Wood and May voting against. On a motion duly made and seconded, the Board voted 4-1, with Wilson voting against, to place this article on the ATM warrant. On a motion by Wilson, seconded by Houk, to not recommend this article the Board voted 2-3, with Donovan, May and Wood voting against. On a
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motion by Wood, seconded by May, the Board voted 3-2, with Houk and Wilson voting against, to recommend this article.
o Article for wage adjustments – on a motion by Houk, seconded by Wilson, the Board voted unanimously to recommend this article.
o Article for wage adjustment for Town Clerk/Treasurer and Town Collector – on a motion by Houk, seconded by Wilson, the Board voted unanimously to recommend this article.
o Article to contribute to Stabilization Fund – on a motion by Wood, seconded by Wilson, the Board voted unanimously to remove this article from the ATM warrant.
o Article for Chapter 90 funds – on a motion by Houk, seconded by Wood, the Board voted unanimously to recommend this article.
o Article for gifts to Town – on a motion by Wood, seconded by May, the Board voted unanimously to recommend this article.
o Article to authorize Town Collector and Treasurer to collect taxes – on a motion by Houk, seconded by Donovan, the Board voted unanimously to recommend this article.
o Article to indemnify DEP – on a motion by Wood, seconded by Houk, the Board voted unanimously to recommend this article.
o Article to accept MGL Chapter 71, §16B – on a motion by Wood, seconded by May, the Board voted unanimously to recommend this article.
o Article to dispose or trade in vehicles – the Town Administrator recommended adding the rescue boat/motor/trailer with an estimated value of $5,000. On a motion by Wood, seconded by May, the Board voted unanimously to recommend this article.
o Article to accept Section 12 of Chapter 46 of the Acts of 2003 re: health insurance for Call Firefighters – Wilson recused herself from consideration of this article. The Town Administrator indicated that the Town Clerk/Treasurer has advised that the Health Group has recommended setting up specific rules and regulations before adoption of this section. Deputy Fire Chief Dan Silverman spoke in favor of going forward with the article. On a motion by Wood, seconded by May, the Board voted unanimously 4-0 to reserve recommendation to Town Meeting.
o Article to create a Charter Review Committee – on a motion by Wood, seconded by May, the Board voted unanimously to recommend this article.
o Articles to amend Charter re: Town Meeting Time and Assistant Town Administrator position – the Assistant Town Administrator, Rex Peterson, indicated that Town Counsel has advised that the Charter be amended through a Charter Review Committee or special legislation. The Town Administrator recommended that these articles be forwarded to the Charter Review Committee when it is established. On a
motion by Houk, seconded by Wood, the Board voted 4-1, with Wilson voting against, to remove these two articles from the ATM warrant. Wilson resubmitted an article to separate the Board of Selectmen and Board of Water Commissioners and asked the Board to consider placing this article on the warrant given the petitioned article. A motion by Wilson to place three articles on the warrant as amendments to the Charter was not seconded.
o Articles to fund purchase of a road grader and garbage packer truck – the Town Administrator recommended removal of these articles from the warrant. Wood moved and Houk seconded an article to remove these articles from the ATM warrant. Donovan noted the letter from Carl Caruso recommending going forward with
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funding for the road grader and the packer truck. Mr. Caruso was in attendance and commented that this equipment will provide for a more efficient use of equipment and manpower. On the motion the Board voted 4-1, with Houk voting against.
o Article to fund purchase of a backhoe – on a motion by Wood, seconded by Houk, the Board voted unanimously to recommend this article.
o Article for replacement and/or construction of Uncle Tim’s Bridge – on a motion by Houk, seconded by Wood, the Board voted unanimously to recommend this article.
o Article for replacement and/or construction of Lt. Island Bridge – on a motion by Houk, seconded by Wood, the Board voted unanimously to recommend this article.
o Article for funds to cap the landfill – on a motion by Houk, seconded by Wood, the Board voted unanimously to recommend this article.
o Article to fund a full-time Firefighter/Paramedic position – May moved and Wilson seconded a motion to recommend this article. Berta Bruinooge noted statistics suggesting leveling off of Fire Department activity and the Finance Committee’s recommendation to not go forward with a new position at this time. On the motion the Board voted 3-2, with Donovan and Houk voting against.
o Article to partially fund informational programs of Chamber of Commerce – Houk recused himself from consideration of this article. On a motion by Wood, seconded by May, the Board voted 3-1, with Donovan voting against, to recommend this article. On a motion duly made and seconded and with permission of the mover (Wood) and seconder (May) of the previous motion, the Board voted 3-1, with May voting against, to reconsider its previous vote. On a motion by Wood, seconded by Wilson to recommend this article the Board voted 2-2, with Donovan and Wilson voting against.
o Article to fund fireworks – Houk moved and May seconded an article to recommend this article. Donovan noted the additional costs for Police and Fire Department overtime for these events. On the motion, the Board voted 3-2, with Donovan and Wilson voting against.
o Article for eminent domain taking of 3 acres adjacent to DPW garage – the Town Administrator noted that an appropriation is needed to notify the Town Meeting of the possible limit of liability. On a motion duly made and seconded, the Board voted unanimously to remove this article.
o Article for Lynch property – the Town Administrator noted the revised language drafted by Town Counsel and noted that per Town Counsel the Board will need to
declare this property surplus before Town Meeting. On a motion by Wood, seconded by May, the Board voted unanimously to place the new article language on the warrant and to recommend the article as amended.
o Article to amend General Bylaws Article VII General, Section 19 (alcoholic beverages) – Houk moved and Wood seconded a motion to recommend this article. Wilson moved to strike the words “such as festivals” from the article noting objections from the Bylaw Committee. On Wilson’s motion the Board voted 4-1, with Wood voting against. On Houk’s motion the Board voted unanimously to recommend this article.
o Article to amend General Bylaws Article VII, Section 36 (handicap parking) – the Town Administrator noted the language change recommended by Town Counsel. On a motion by Houk, seconded by May, the Board voted unanimously to approve the
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article language change. On a motion by Houk, seconded by May, the Board voted unanimously to recommend this article.
o Article to amend Town Clerk fees – the Town Administrator recommended that the Board remove this article from the warrant and indicated that the Town Clerk has agreed to the removal of the article. On a motion by Wood, seconded by Houk, the Board voted unanimously to remove this article from the ATM warrant.
o Rental Registration Bylaw Article – Donovan recommended removal of this article from the warrant. On a motion by Donovan, seconded by Houk, the Board voted 4-1, with Wilson voting against, to remove this article from the ATM warrant.
o Article re: sandpit – the Town Administrator noted the amended language from Town Counsel. On a motion by Wood, seconded by May, the Board voted unanimously to replace the article language with the language from Town Counsel and to recommend the article.
o Article re: tax work-off program – on a motion by Wood, seconded by May, the Board voted unanimously to recommend this article.
o Article to accept provisions of MGL c. 59, §5(1A) – on a motion by Wood, seconded by May, the Board voted unanimously to recommend this article.
o Article to accept provisions of MGL c. 59, §5(41C) as amended by
Chapter 184 of the Acts of 2002 – the Town Administrator suggested an amendment to the wording. On a motion by Wood, seconded by Wilson, the Board voted unanimously to recommend this article with the proposed wording change.
o Eminent domain articles re: Designer’s Road, 2254 Old Kings Highway, 2260 Old Kings Highway – the Town Administrator recommended that these articles be removed from the warrant. On a motion by Wood, seconded by May, the Board voted unanimously to remove these articles from the ATM warrant.
o Article for special legislation to establish an Affordable Housing Trust Fund – the Assistant Town Administrator noted additional language suggested by Town Counsel. On a motion by Wood, seconded by May, the Board voted unanimously to recommend this article as amended.
o Article to hear reports – on a motion by Wood, seconded by May, the Board voted unanimously to recommend this article.
o Petitioned article for Juice Bar – on a motion by Wood, seconded by Donovan, the Board voted 3-1-1, with Wilson voting against and Houk abstaining, to not recommend this article.
o Petitioned article to amend the Charter re: Board of Water Commissioners – a motion by Wilson to recommend this article was not seconded. Carl Caruso spoke in favor of the article. On a motion by Wood, seconded by Donovan, the Board voted 4-1, with Wilson voting against, to not recommend this article.
o Petitioned article re: percentage paid of health insurance premiums for retirees – the Town Administrator recommended against this article noting its expense. On a motion by Wood, seconded by Houk, the Board voted 4-0-1, with Wilson voting against, not to recommend this article.
o Standard last article – on a motion by Houk, seconded by Wood, the Board voted unanimously to recommend this article.
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· Ballot Questions:
o General override question – the Town Administrator recommended increasing the override amount to $485,000. On a motion by Wilson, seconded by Wood, the Board voted unanimously to amend the override amount in this question to $485,000.
o Road grader exclusion question – on a motion by May, seconded by Wood, the Board voted 4-1, with Wilson voting against, to remove this question.
o Packer truck exclusion question – on a motion duly made and seconded, the Board voted unanimously to remove this question.
o Water tower and larger capacity pump at Cole’s Neck exclusion question – the Town Administrator recommended that this question be split into individual questions for each item. On a motion by Wood, seconded by May, the Board voted unanimously to place two separate ballot questions for the water tower and Cole’s Neck pump.
· Explanation for article to file a home rule petition to create a property tax exemption for rental properties restricted as affordable housing – on a motion duly made and seconded, the Board voted unanimously to use the explanation proposed by Wilson pending review by the Assistant Town Administrator.
Donovan suggested inclusion of a handout entitled “A few words about our town water supply and the Articles that relate to it.” in the warrant. On a motion by Wilson, seconded by Houk, to not include this explanation in the warrant, the Board voted 2-3, with Donovan, Wood and May voting against. Donovan withdrew his suggestion.
On a motion duly made and seconded, the Board voted unanimously to adjourn at 10:00 p.m.
Respectfully submitted,
Linda Smulligan
Administrative Assistant
Dale Donovan, Chair Jerry Houk Ira Wood
Michael May Helen Miranda Wilson
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