Wellfleet Board of Selectmen
Minutes of Meeting of February 24, 2004
Library Meeting Room
Present: Dale Donovan, Chair; Michael May, Ira Wood, Helen Miranda Wilson
Absent: Jerry Houk
Also Present: Tim Smith, Town Administrator
Chair Donovan called the meeting to order at 7:00 p.m. He stated that Jerry Houk was not able to attend because of the death of his mother, for which the Board expressed sympathy.
Announcements: The Chair announced that a Lower Cape meeting concerning the Final Report of the Solid Waste Facility will take place at Provincetown Town Hall on Thursday, March 18, at 7:00 p.m.
New Business:
a) Application for Road Cut or Excavation Permit Application--Ira Wood moved and Helen Wilson seconded approval of the application by Guy Farrell of Farrell Electric, Inc. for an excavation permit; the motion carried, 4-0.
b) Request to Use Town Property--Ira Wood moved and Mike May seconded approval of the request of Carolyn Whipple of the American Lung Association to use White Crest Beach on September 19, 2004 from 10 a.m. to 1 p.m.; the motion carried, 4-0.
c) Authorization to Deficit Spend for Snow Removal--Ira Wood moved and Mike May seconded approval of the request of Marilyn Crary, Town Accountant, for authorization of deficit spending for snow removal for the remaining fiscal year; the motion carried, 4-0.
d) David Lynch Property--Attorney Ben Zehnder, representing Mr. Lynch of 1440 Chequessett Road (last house on the right before the Town Beach parking), appeared to seek a solution for the problems encountered by Mr. Lynch with driving in and out of his property because of parking allowed down the south side and across the end of the road. Zehnder noted that K-turns and turnarounds at the end involve Mr. Lynch's propertry; he stated that he realized that a review of town signage project was now going on but hoped that the Selectmen consider this problem, perhaps allowing the creation of a turnaround at the end of the road or determining some other solution to keep the area at the bottom of the road free for emergency vehicles and for the Lynches.
Helen Wilson had visited the site and done measurements from assessor's maps; while noting that no one should block a curb cut, she stated that her measurements showed that the Lynches had claimed part of the 60' public layout for their property. She added that a turnaround could be accomplished without going up on their property, that the owner should put up his own sign, and that the Town should allow parking on only one side.
Suzanne Thomas presented a proposal which she, Health Agent Beebe, and DPW Director Vincent had formulated (predicated on a 40' layout). They proposed that the 40' layout should be reclaimed at least expense to the town, that parking should still be allowed on the south side of the road up to the split rail fence, and by widening the end, room for a K-turn should be allowed. They had consulted with Fire Chief Alan Hight regarding the ease of use for official emergency vehicles and limited signage. Ms. Thomas stated that this project, if approved, would require an NOI. This beach area has become more popular because of its use by kite-surfers, and Thomas wishes to allow this as an access point for the activity.
Donovan asked about the public's attention to signage; Thomas replied that with experience and ticketing, this attention would grow. She stated that a K-turn by emergency vehicles would be possible there; Wilson asserted that a very easy K-turn could be made by ambulances just as the road exists now if the Lynches were asked to take their property (planters, etc.) out of the town layout.
Thomas noted that she was not advocating any more paving but recommending what could be done with a certain amount of expedience. Attorney Zehnder felt the proposal would work well and that parking regulations and signage might solve the Lynches' problem. To Donovan's question of the action needed from the BOS, it was suggested that a hearing be scheduled to amend the parking regulations .
e) Request to Close Business--The Lighthouse Restaurant--Michael May moved and Helen Wilson seconded approval of the request of Robert Derow to close the Lighthouse Restaurant from February 23 to March 31, 2004; the motion carried, 4-0.
f) Board of Selectmen Policy on Contracts and Correspondence--Chair Donovan noted
that at the Outer Cape Selectmen's meeting two weeks ago, it was recommended by two representatives of the state Attorney General's Office that towns seek opinions on the above issue from Town Counsel and the local District Attorney's office. Helen Wilson quoted Attorney Dashiell, who at that meeting had advised that Selectmen should vote on exact language of the wording of contracts. Ira Wood moved that the Board of Selectmen ask the Town Administrator to seek an opinion from the Attorney General's office and Town Counsel on the subject of policy on contracts and correspondence; Mike May seconded; the motion carried, 4-0. Wilson requested that the Town Administrator submit a draft of the wording of his letter to the Selectmen for review.
g) Beach Department Fees--The Board decided to examine the spread sheet and Ms. Thomas' recommendations before discussion of this topic.
h) STM/ATM Standard Articles--The Board turned to the warrant article information provided by the Town Administrator. The Chair noted that, in view of Jerry Houk's absence, the Board might choose to delay some decisions of placement of articles on the warrant until his return (for which another meeting before the March 2nd deadline would be necessary). The Board reviewed the Standard Articles; Helen Wilson moved and Ira Wood seconded that the Board place the Standard Articles on the warrant. The motion carried, 4-0.
Consideration turned to articles on Eminent Domain and Housing Authority issues, with Wilson remarking that the Affordable Housing Trust Fund language was now very satisfactory. One eminent domain article concerns the Tesson property still in Land Court; Wilson stated that the Town should not take it until Land Court has made a decision. Donovan reviewed the history of this parcel, noting that it had been in Land Court for four years now and that this action is an effort to speed up the final decision, since there has to be some legal judgement in taking this land. Wood asked if this article affected the budget; Smith replied that no money would change hands, since the Town already controlled the land. Donovan asked if the other eminent domain taking would
incur any cost; Smith replied it would not. Helen Wilson moved to place on the warrant all articles on eminent domain and the Housing Authority except the Tesson article; May seconded; the motion carried, 4-0.
Override and Exclusion Ballot Questions: Paul Gabriel of Environmental Partners joined the Board and Tim Smith for this discussion, Smith explaining that debt exclusion covers only the term of the loan. Gabriel presented the proposals for Uncle Tim's Bridge and Lieutenant Island Bridge repair, stating that the Town had asked Environmental Partners to examine both bridges last summer, at which time they noted the following deficiencies: Uncle Tim's--rotting planking unsafe, wobbly railings (possibility of bikes and kids falling into Duck Creek) and Lieutenant Island--wobbly, moving planks, narrow steep approaches. A further definitive structural examination in the fall (invasive work, coring, drilling) produced the following: Uncle Tim's--a number of pile
caps have rot-holes, a number of the stringers are soft and rotted on top; repairs which would keep changes consistent with the character of the bridge are estimated up to $300,000 for the main components. The analysis of Lieutenant Island Bridge includes pilings and pile caps in fair condition, stringers (load-carrying) in poor condition, railings hazardous, wobbly, planks needing replacing, top-placed running boards wobbly, bulkheads undermined from erosion, rip-rap trickling out, and a problem of how to pass over while construction goes on (temporary bridge or sister bridge). Gabriel proposed a feasibility study on these passing options and on a concrete bridge; the entire project will cost between $700,000 - $1,000,000; he recommended construction in 2006. Discussion followed, covering such issues as escalating construction cost amounts, length of time such construction would last (20 years using wood in this environment), alternate use of recycled plastic timbers, "use at
your own risk" signage on both bridges, possibility of imposing betterments on Lieutenant Island dwellers to help pay for the bridge, formation of "Friends of Uncle Tim's Bridge" support organization (as in Sandwich, with the donations for planks on the marsh bridge). Ira Wood moved and Mike May seconded placement of the Uncle Tim's Bridge project on the warrant for debt exclusion. Questions arose from the audience: Elaine McIlroy and Steve Russell asked if the public would have a voice in the choice of material and construction for Uncle Tim's Bridge (preference was expressed for a wooden structure); Ben Gitlow noted, on the question of betterments, that the Town has public landings on Lieutenant Island, that townspeople as well as residents use the beaches and have shellfish grants there, that the bridge is placed at the wrong space and has a load-bearing problem, and that residents would like an opportunity for public comment; Lezli
Rowell noted regarding the use of materials that she has seen beautiful work done in Treks. Wood stated that Uncle Tim's Bridge is a symbol of Wellfleet and the Town should rebuild it well; he called the previous question; the motion carried, 4-0. Wood moved and May seconded placement of the Lieutenant Island Bridge project on the warrant for debt exclusion. Helen Wilson returned to her suggestion on betterment, emphasizing the expense of this project on the budget. The motion carried, 3-1 (Wilson).
Gabriel then turned to the project for Land Fill Capping, stating that the landfill has been studied for around 15 years and that 2 years ago the DEP sent the Town a 16-page letter ordering that it be capped. The effective size of the property is 7 acres; on the left side of the landfill, the fill has crossed property lines; the DEP is concerned about natural and methane gas migration (toward Whitetail Lane area); the ground water problem was addressed in the late 80's by the institution of the Cole's Neck Public Water Supply; escaping gas has not been found to be a threat to residents. The procedure for capping landfills is to put on a plastic membrane preventing rain water from leaching out and to construct a clay slurry barrier wall around the landfill to prevent
gas from migrating. The total project cost, to reshape, relocate waste, contain gas from migration, vent gas if it cannot be entirely contained (provision for gas flare for burnoff) will be $1.7 million. "Landfill mining," the digging up of the landfill, screening and separating landfill waste, will not be done. When the project is regraded and capped, the grass surface will be reseeded; there will be vent pipes coming up out of the ground, but generally grass; the area will be fenced to keep out trespassers and protect the town's investment. There will not be recreational opportunities (not even for passive recreation) because of the gas situation. Discussion covered the use of such vegetation as now grows on the landfill for natural cover, the methods to be used to mitigate odor (masking chemical sprays and washing) and prevent explosion (methane, a danger in closed spaces, should not be explosive outside), the possibility of health risk
(little possibility), the subsiding of the grade as methane is vented, contracted quarterly monitoring after the completion of the project, possible odor from gas venting and pipe system for burn-off of gas, and possible effect upon the nearby roadway (not affected). Wood moved and May seconded to place the Land Fill Capping on the warrant for debt exclusion; the motion carried, 4-0.
Wood moved and May seconded to place ballot questions on the general override, road grader, backhoe, and packer truck on the warrant for debt exclusion; the motion carried, 3-0-1 (Wilson). It was decided to leave discussion of the ballot questions on the debt exclusion for the Water Tower and Cole's Neck Pump until Jerry Houk returned. Wood moved and May seconded to place Specific Override ballot questions for the new fire department employee, Chamber of Commerce donation, and July 4th Fireworks on the warrant; the motion carried, 4-0.
Override Articles for Town Meeting Warrant--Wood moved and May seconded the placement on the warrant of override articles for fireworks, Chamber of Commerce visitors' services, and the firefighter/paramedic position. The motion carried, 4-0.
Debt Exclusion Articles--Wood moved and May seconded the placement on the warrant of debt exclusion articles for the road grader, backhoe, garbage packer truck, Uncle Tim's Bridge, and Lieutenant Island Bridge. The motion carried, 4-0.
General Articles--Wood moved and May seconded the placement on the warrant of general articles for the contribution to the Stabilization Fund, appropriation for wage adjustment for unionized personnel, and wage increases for the Town Clerk/Treasurer and Town Collector. The motion carried, 4-0. Wood moved and May seconded the placement on the warrant of a general article to dispose of town vehicles; the motion carried, 4-0. Wood moved and May seconded the placement on the warrant of a general article to enable the Town to offer insurance to call firefighters [Helen Wilson recused herself and left the table]. The motion carried, 3-0. [Wilson returned.] It was decided to wait on
the water department employee article until the return of Jerry Houk.
Special Article--Wood moved and May seconded the placement on the warrant of the special article on transfer of free cash. The motion carried, 4-0.
Charter Amendments--Smith discussed with the Board proposals for charter amendments to be included in the warrant, including (under General Articles) the creation of a Charter Review Committee, (under Bylaw Amendments) an alcohol bylaw amendment and a water system expansion bylaw. Smith proposed to have these "fleshed out" for the March 2 meeting.
Old Business:
1. Chair Donovan noted that the BOS will hold a meeting on goals on Saturday, February 28, from 10 a.m. to 12 noon; John Makely, who will be the facilitator for the session, distributed information on goals to the Board.
2. Helen Wilson, speaking of Carl Caruso's petitioned article on the Water Commission, stated that because of several concerns about this document, she has written her own article. Caruso, from the audience, stated that he had noted the concerns about separating the two boards and has drafted his petition based on those concerns.
Correspondence: Ira Wood reviewed the correspondence, noting:
1. An invitation from Joseph Carrara, Bourne Assembly Delegate to a Solid Waste Summit, 3-3-04 at 6:30 p.m. in the Barnstable County Assembly Chambers
2. Letter from Mass Executive Office of Health and Human Services re: acceptance of the Potassium Iodide Program
3. Planning Board Notice of Decision on 3 towers and antennae for SCADA system
4. Internal memo from Chief Rosenthal re: Bullet Resistant Vest issue
5. Recreation department letter on teen dance at the Lighthouse Restaurant
Helen Wilson, noting receipt of a letter from Andy Koch, Shellfish Constable, stated that no monitoring process has been set up to oversee Koch's shellfish grant and argued that it must be monitored in the same way that someone else would inspect an electrical inspector's work. Chair Donovan stated that Koch is in correspondence with the Ethics Commission, requesting something in writing from them; he states his willingness to do whatever they advise, even up to giving up his grant.
Open Session:
1. Lezli Rowell thanked the Recreation Department for organizing the free skate at the Charles Moore Arena in Orleans.
2. Carl Caruso asked for an update on 335 Main Street; Tim Smith stated that the structural analysis was still being done.
Town Administrator Comments: Smith noted that he is appointing a new Building Inspector, Paul Murphy, who will begin in March.
Selectmen's Comments/Reports: Helen Wilson, referring to a discussion of Executive Session minutes at the Lower Cape Selectmen's Meeting, stated that she felt that such minutes should be approved in Executive Session rather than signed off in the Selectmen's Office.
Minutes of February 9 and February 10, 2004: Wood moved and May seconded that the minutes of 2-9 be approved as written; the motion carried, 4-0. Wood moved and May seconded that the minutes of 2-10 be approved as amended; the motion carried, 4-0.
Wood moved that the Board of Selectmen enter into Executive Session and not return to open session in order to discuss strategy with respect to collective bargaining. May seconded. Wilson amended the motion to include entering Executive Session to consider Exemption #1; after discussion, she withdrew her motion. Donovan, Wood, May and Wilson said yes. The regular meeting adjourned at 9:40 p.m.
Respectfully submitted,
Frances J. Castillo ____________________________
Committee Secretary Dale Donovan, Chair
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Ira Wood
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Michael May
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Helen Miranda Wilson
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