Board of Selectmen
Library Meeting Room
January 13, 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 held a public hearing on the application for an annual, all alcohol common victualler’s license from TEK Restaurant Group, Inc., d/b/a The Wicked Oyster, Todd E. Jansen, Manager. Wood read the public notice. Todd Jansen, Eric Jansen and Ken Kozak were in attendance and presented the application. Todd Jansen noted that the upstairs apartment is not to be included for service of alcoholic beverages. Discussion included proposed hours of operation, seating capacity and parking issues. Mr. Jansen noted his intention to make solving any parking issues a top priority. Wood noted receipt of letters from two abutters and per their request, read the letters from Myra and Walter Dorrell (in attendance) noting concern with parking and noise issues, and Robert Morrill and Judith
Pihl (in attendance) noting concern with parking issues. Houk moved and May seconded a motion to grant a liquor license to the Wicked Oyster. Donovan suggested that the new owners be sent a coy of the noise bylaw. Mr. Jansen indicated his intent to provide acoustical music (classical guitar/cello) as entertainment except for special events should a customer request another style of music. The Board voted unanimously in favor of the motion.
The Board discussed Sunday package store openings. Donovan noted that as part of Chapter 141 of the Acts of 2003, holders of package store licenses may be allowed to be open on Sundays. Wilson moved and Houk seconded a motion that the Town of Wellfleet package stores be allowed to sell liquor on Sunday as they do during the other six days of the week. It was suggested that a fee not be charged at this point, until the Board studies the issue. The Board voted unanimously in favor of the motion.
Announcements:
· Wilson announced that the cancelled Lower Cape Selectmen’s meeting has been rescheduled for February 12th and that, per the applicant for a permit to use Town-owned property for the Martin Luther King day celebration, there will be great food and entertainment and Representative Delahunt may attend.
The Board discussed:
· Firefighter/Paramedic Appointment – Chief Hight indicated his appointment of Mary Lou Wood as a full-time Firefighter/Paramedic noting that she is not currently a Wellfleet resident and that she will be attending the Mass Firefighting Academy for eleven weeks. On a motion by Houk, seconded by Wilson, the Board voted unanimously to approve the appointment of Mary Lou Wood as a full-time Firefighter/Paramedic.
· Use of Town Property:
o Wellfleet Gardners – on a motion by Wood, seconded by May, the Board voted unanimously to approve the application of the Wellfleet Gardners to use the right side entrance to the Town Hall parking lot on May 29, 2004 from 7 a.m. to 1 p.m. with a rain date of May 30th for the annual plant sale.
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o H. Korim – on a motion by Houk, seconded by Wilson, the Board voted unanimously to approve the application of H. Korim to use the lawn in front of Town Hall and the fence bordering the former RCC Church at noon on January 19, 2004 for the second annual celebration of Martin Luther King Day.
· Business Licenses – on a motion by Wood, seconded by May, the Board voted unanimously to approve the business licenses of Ocean Reef Gifts; Small Boat Service; Oliver’s Tennis; Gone Fishing Sporting Goods; Codder’s House Furniture Co.; Blue Heron Gallery; Cherry Stone Gallery; Yak Arts International; Cappello’s Cape Cod Country Store; Kevin Coakley (charter boat); Wellfleet Marine Corp. (rental booth); Wellfleet Marine Corp. (pier store). May noted that Wellfleet Marine Corp.’s rental booth application should reflect booth dimensions of 6.5’ x 16’ as noted by the Harbormaster.
· Board/Committee Appointments – on a motion by Wilson, seconded by May, the Board voted unanimously to appoint Judy Taylor to the Local Housing Partnership as an at large member.
· Local Comprehensive Planning Committee – Assistant Town Administrator Rex Peterson attended to ask the Board to establish a Local Comprehensive Planning Committee to be comprised of two members of the Planning Board and one member each from the Conservation Commission, Natural Resources Advisory Board, Zoning Board of Appeals, Open Space Committee, Board of Health, Housing Authority and Historical Commission. He noted that the Town Administrator will assist with the economic development chapter. On a motion by Wood, seconded by May, the Board voted unanimously to form this committee with the charge as recommended. It was suggested that the
economic development section be forwarded to the Chamber of Commerce.
· Goals – discussion included the list of goals submitted by Donovan, goal setting via the Local Comprehensive Plan and establishing short term goals. There was consensus for the Town Administrator to review and prioritize goals using the “Suggested Board of Selectmen Goals” list (Town wide survey; reorganization of Town government/Charter review; land use [Town needs/open space/affordable housing]; water/wastewater; central village and 335 Main Street building; Mayo Beach/Baker Field/Pier; Fire/Police/Outer Cape Health Building(s)) plus the information from tonight’s discussion (bridges [Lt. Island/Uncle Tim’s]; landfill capping;
Board of Selectmen process).
· Town Administrator Evaluation Process – an evaluation form was discussed. On a motion by Wood, seconded by May, the Board voted unanimously to use the submitted form as the official evaluation form for the Town Administrator evaluation process.
Correspondence:
· Carl Caruso requested a copy of the 12/19 letter from Comcast regarding new services.
· 12/18 letter from V.A. Crossman concerning the Town’s negligence regarding dumped vehicles - Donovan suggested that a letter be drafted explaining the system for disposal of old Town vehicles and that the Town is making every effort to make sure that these vehicles are being taken care of.
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Comments/Reports:
· Wilson:
a) noted her attendance at a recent Shellfish Advisory Committee meeting and asked when shellfishermen will be able to comment on the ongoing proposal for transient docks at the Marina.
b) attendance at MMA conference – the Town Administrator indicated that he will be attending.
c) attendance at January 14th school committee meeting – no members indicated that they would be attending.
d) status of Marina fuel pumps – the Town Administrator indicated that this matter will be discussed at the next Board meeting.
Open Session:
· Carl Caruso addressed the Board to suggest that copies of Board correspondence be placed at the Library and read a letter suggesting that the Board include an article in the next Town Meeting warrant to establish a Board of Water Commissioners separate from the Board of Selectmen.
· Arlene Kirsch addressed the Board regarding whether the 2005 budget memo from the Finance Committee will be attached to the December 23rd Board minutes as voted by the Board – she was assured that the memo will be attached.
· Sue Rohrbach announced that she is in attendance from Senator O’Leary’s Office.
Minutes:
· Water Commissioners 12/23/03 – Wood moved and May seconded a motion to approve the minutes of December 23, 2003 as printed. Wilson suggested two amendments. With permission of the mover, the motion was amended to approve the minutes of December 23, 2003 with amendment of the third bulleted paragraph by replacing “page 4 of the Wellfleet Municipal Water System fee schedule.” with “page 5a of the attached document.” On the motion the Board voted 2-3 with Wood, Wilson and Houk voting against.
· On a motion by Wood, seconded by Wilson, the Board voted unanimously to approve the December 23, 2003 minutes of the Board of Selectmen as written.
Board of Water Commissioners Annual Report – Wilson moved to approve the Water Commissioners’ annual report. Donovan suggested an amendment to the report citing specific votes of the Board and moved that after the statement “… Cole’s Neck Municipal Water System which has supplied the area around the Transfer Station since 1990.” two paragraphs replace the information down to the next to last paragraph and that the final sentence would not be needed. The motion was not seconded. Donovan will redraft the report including Wilson’s report and his suggestions to be circulated to Board members.
On a motion by Wood, seconded by May, the Board voted unanimously to submit the report of the Board of Selectmen for the Annual Report as drafted.
Houk, on behalf of the Board, thanked all those who came to Board meetings in 2003 and into 2004 and those who have watched at home and noted that if anyone has questions, please contact the Town Administrator and/or members of the Board.
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On a motion by Wood, seconded by Wilson, the Board voted unanimously at 9:36 p.m. on a roll call vote (Houk, Wilson, May, Wood, Donovan – yea) to enter executive session for a preliminary screening for legal services and litigation 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
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