Board of Selectmen
Library Meeting Room
January 27, 2004
Minutes
The meeting was called to order at 7:02 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 to consider the recommendations of the Beach Administrator with regard to a) the Regulations with Regard to the Sluice Way and b) amendment of the Town of Wellfleet Beach Rules and Regulations paragraphs 1., 7., 8., 14., and 20., by replacing the words “from the Saturday prior to July 1st through Labor Day” with the words “from the 3rd Saturday in June through Labor Day”. Wood read the public notice. Beach Administrator Suzanne Thomas was in attendance and presented her recommendations as follows:
a) to continue the Board’s February 24, 2003 vote to close the Sluice Way for another year to restrict vehicle parking at the two legal spaces - she noted that a petition has been circulated indicating that her recommendation is for a permanent rather than temporary closure. She reviewed the Beach Department Sluice Way survey usage results and stressed her intent to balance protection of the resource with the right of the public to access a great pond. Lezli Rowell noted special rules for access to great ponds, that most parents are respectful of the area and recommended that the Town keep the traditional two parking spaces available to the public and address the environmental impact concerns in another way. Discussion included closure of a public landing and the impact on fishermen. Ed
Tesson presented a petition against closure of the Sluice Way noting that one needs vehicle access to enjoy the area. Tom Flynn, Chairman of the Coastal and Pond Access Committee, suggested developing a management plan for the area. Houk suggested leaving the area open this summer and performing water studies to see if closure is appropriate and moved to reopen the Sluice Way for 2004. Wood seconded the motion and suggested that the Beach Administrator perform another survey this summer to compare results. Randy Bartlett, property owner at the Sluice Way, indicated his agreement with development of a management plan and support for closure of the area for another year. The Beach Administrator noted that parking enforcement could be costly. On the motion the Board voted 3-2, with May and Wilson voting against.
b) to amend the Beach Rules and Regulations to reflect that the opening day of the beach season be the third Saturday in June – the Beach Administrator noted that beach parking lots have been full from the third Saturday in June and that estimated revenues would offset costs. She recommended placing two lifeguards and two beach guards at each ocean beach. On a motion by Wood, seconded by Wilson, the Board voted 3-2, with Houk and May voting against, to extend the time that the beaches are open as recommended by the Beach Administrator.
c) Concessions – the Beach Administrator recommended that The Dog Pound at Maguire Landing and The Dog Pound 2 at Newcomb Hollow be offered one year extensions at the summer 2003 bid prices of $1,000 and $826 respectively. On a motion by Wood, seconded by May, the Board voted unanimously to approve the recommendation of the Beach Administrator.
d) Portable toilets – the Beach Administrator noted that she will obtain pricing for outsourcing restroom cleaning services by portable toilet vendors to free up DPW staff.
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Announcements:
· Wilson announced that the Lower Cape Selectmen’s meeting is scheduled for Thursday, February 12th at 6:30 p.m. at the Senior Center.
· May announced that Cape Light Compact energy audits are available by calling 1-800-797-6699 and that conversions are available to electric heating customers.
Lezli Rowell submitted additional signed petitions against closure of the Sluice Way.
The Board discussed:
· Requests to Use Town Property:
o Carl DePuy – on a motion by May, seconded by Wood, the Board voted unanimously to approve the request of Carl DePuy to use Duck Harbor Beach on June 12, 2004 from 4-5 p.m. for a wedding ceremony.
o William Hekking – on a motion by May, seconded by Wood, the Board voted unanimously to approve the request of William Hekking to use White Crest Beach top area next to the parking lot, top of cliff, on September 10, 2004 for a wedding ceremony.
· Harbor Gas Dock Lease – May disclosed that he works at the Marina. Harbormaster Michael Flanagan was in attendance and presented his recommendation that the Town operate the Marina fuel dock to increase revenues for the Marina Enterprise Fund and to reduce illegal fueling. He proposed adding a seasonal employee and staggering shifts to operate the facility. Discussion included projected revenues, possibility of fueling Town vehicles in the future, hours of operation and staffing. Donna Pickard noted that the busiest time for fueling is 6 to 7 p.m. - the Harbormaster agreed to stay open to 7 p.m. if needed. Fred Young and Bud Paine
spoke in favor of the Harbormaster’s recommendation. Wood moved and Houk seconded a motion that the Town of Wellfleet take over the running of the gas docks for one year. Donovan suggested an amendment to the motion to add a six month review of income which was approved by the mover and the seconder. The Board voted 4-0-1, with May abstaining, to approve the motion as amended.
· Board of Health Appointment – Wood recused himself and left the table. The Board discussed the appointment of Alexander Hay to the Board of Health. It was noted that, per the Charter, the Town Administrator and Health/Conservation Agent had interviewed Mr. Hay and recommended him for appointment. It was suggested that, per the Board’s Committee/Board Appointment Policy, committee chairs be notified of applicants. May moved to appoint Alex Hay to the Board of Health. Houk disclosed that Mr. Hay is a partner with his brother in a business in a building where Mrs. Houk has a gallery. The Town Administrator noted that
Mr. Hay may have some conflict of interest issues as part owner of a restaurant but that, per Town Counsel, this should not be a disqualifying factor; Mr. Hay may have to recuse himself on occasion. Houk seconded the motion. On the motion the Board voted 3-1, with Wilson voting against, indicating that she was not able to receive an answer from him about his feelings philosophically regarding should regulatory boards increase allowed uses on sites where it is inappropriate. Wood rejoined the Board.
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· Cape Cod Stranding Network Request – the Town Administrator recommended that the Town allow the Stranding Network to keep the reimbursement from NOAA for Town services provided during last year’s whale stranding. Houk moved and May seconded a motion to follow the Town Administrator’s recommendation to allow the Stranding Network to keep the $4,881.44 reimbursement from NOAA. May disclosed that he works at the Harbormaster’s Office. Discussion included comparing refusal of this reimbursement to Town funding of human services agencies and the great work and assistance to the Town of the Stranding Network. On the motion the
Board voted 3-2, with Wood and Wilson voting against.
· Goals Process – Donovan suggested that as a follow-up to the November 15th meeting, the Board schedule a Saturday meeting to look at goals noting that John Makeley has agreed to serve as a facilitator. There was consensus to schedule a meeting on Saturday, February 28th at 10:00 a.m. at the Library.
Open Session:
· Judy McNulty addressed the Board and read a letter dated January 27, 2004 requesting that the Board revisit its decision to fund an appeal of the Barnstable Superior Court decision on the use of their home on 31 E. Commercial Street. Helen Purcell addressed the Board questioning the Board’s decision to go back to court on this issue. Donovan outlined the history of this matter noting the responsibility to support Town boards. Houk cited Zoning Bylaw sections 6.1 and 6.1.4 and indicated that if he had seen the decision of the judge, he would have taken different action. Houk moved (if proper since the original vote had been in executive
session) and May seconded a motion to reconsider the vote to appeal the McNulty case. The Town Administrator noted that it is inappropriate to be discussing this matter at this time. Houk withdrew his motion and May withdrew his second.
Town Administrator Comments:
· Indicated his appointment of Dareen Davis as Assistant to the Town Clerk/Treasurer.
· Joint meeting with representatives from Provincetown, Truro and Outer Cape Health regarding options relating to nursing homes/assisting living facilities – consensus to schedule this meeting on February 24 at 6:00 p.m.
· Audit exit meeting – will schedule for the first part of March.
Correspondence – the 1/16 letter from the Office of Representative Shirley Gomes congratulating Wellfleet on its good work with the Land Bank Project and the 1/15 news release from the Cape Cod National Seashore announcing new Chief Ranger Steve Prokop and continuing efforts to determine the presence and extent of military ordnance potentially located in the former Camp Wellfleet Military site were noted. In response to a question from Arlene Kirsch, Donovan indicated that the e-mail from Hugh Guilderson and Arlene Kirsch regarding the SCADA system will receive a response. In response to a question from Carl Caruso, the Board scheduled discussion of the recommendations from the 335 Main Street Committee for February 10.
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Comments/Reports:
· Donovan thanked Harriett Korim for her efforts relative to the Martin Luther King Day walk and program at the Library.
· Wilson commented on the Planning Board hearing on the SCADA system towers noting the need for a special permit from the Planning Board, that construction had already been started, that abutters were upset, that the applicant had not shown up and that the hearing had been continued. Donovan noted that a building permit may be granted to start a portion of a project before final permission is given with the applicant proceeding at their own risk. Houk, who had attended the Planning Board meeting, indicated that representatives of Environmental Partners had attended the hearing and that abutters and Planning Board members were upset that a building permit had
been issued to start this project noting section 6.1.8.2 of the Zoning By-Laws. The Town Administrator indicated that he had authorized going forward with the foundations and the partial towers had been erected to show the Planning Board what was being done. He noted that the engineers will be going back to the Planning Board and if they are asked to move the foundations it will cost approximately $2,000; alternately telephone lines can be used. Wilson moved that the Town Administrator pay careful attention to and not go beyond the limits of the local bylaws and State laws in relation to this project. The motion was not seconded.
The Board discussed the annual report of the Board of Water Commissioners. Wilson moved to accept the report drafted by Wilson without amendment. The motion was not seconded. On a motion by Wood, seconded by May, the Board voted 3-1-1, with Wilson voting against and Houk abstaining, to submit the report of the Board of Water Commissioners as drafted by Donovan.
On a motion by Houk, seconded by Wood, the Board voted 4-1, with Wilson voting against, to approve the minutes of December 23, 2003 as submitted.
On a motion by Wood, seconded by May, the Board voted unanimously to approve the minutes of January 13, 2004 as submitted.
Carl Caruso addressed the Board regarding the SCADA tower discussion suggesting that the issue was a matter of communication.
On a motion by Houk, seconded by Donovan, the Board voted unanimously to adjourn at 10:30 p.m.
Respectfully submitted,
Linda Smulligan
Administrative Assistant
Dale Donovan, Chair Jerry Houk Ira Wood
Michael May Helen Miranda Wilson
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