Board of Selectmen
Library Meeting Room
April 13, 2004
Minutes
The meeting was called to order at 7:00 p.m. by Chairman Dale Donovan. Selectmen present included Jerry Houk, Michael May and Helen Miranda Wilson. Selectman Ira Wood was absent. Town Administrator Tim Smith also attended.
Donovan announced that Selectman Wood is out of Town and will not attend this meeting.
The Board held a public hearing to consider the application for transfer of the all alcohol common victualler’s license from Fobro, Inc. d/b/a Flying Fish Café, Jed Foley, Manager, to Fobro, Inc., d/b/a Flying Fish Café, Kristen McDonald, Manager. Kristen McDonald was in attendance and noted plans for the restaurant to be open from mid-June through the end of October. On a motion by Houk, seconded by May, the Board voted unanimously to approve the transfer.
Announcements:
· Wilson announced that the Registry of Motor Vehicles will be moving to Eastham soon.
· Donovan announced that Pre-Town Meeting is scheduled for Tuesday, April 20th at 7:00 p.m. in the Library Meeting Room; a Senior Center luncheon is scheduled on Wednesday, April 21st from noon to 2 p.m. at which time Moderator Dan Silverman and others will answer questions regarding Town Meeting; on Thursday, April 22nd at 7:00 p.m. the Wellfleet Community Forum will host a discussion of Town Meeting articles at 7:00 p.m. in the Library Meeting Room; Annual Town Meeting is scheduled for Monday, April 26th.
Donovan noted an oversight in an appointment to the Council on Aging Board and, per the recommendation of the Director of the Council on Aging, suggested rectifying the omission by appointing Priscilla Jenkins to fill the unexpired term of Arno Masters who has recently passed away. On a motion by Houk, seconded by May, the Board voted unanimously to appoint Priscilla Jenkins to the Council on Aging Board for the remainder of Arno Masters’ term.
The Board held Shellfish Department Public Hearings consecutively as follows. Shellfish Constable Andy Koch was in attendance and presented his recommendations. May read the public notice.
· Consider amendment of Section V (Open and Closed Areas – Chipman’s Cove) of the Temporary Shellfish Regulations to close Chipman’s Cove as of one half (1/2) hour after sunset on Friday, April 30, 2004 – Wilson moved and Houk seconded a motion to approve this closure. May disclosed that he holds a commercial shellfish permit. The Shellfish Constable indicated his recommendation to close Chipman’s Cove as of “April 30 of current year” so that is will not be necessary to hold an annual closure hearing if April 30 is the recommended closure date. The Board voted unanimously in favor of the motion.
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· Consider application from James E. O’Connell for renewal of shellfish grant license #2000-ext, located on Egg Island for a five year period – the Shellfish Constable recommended granting this renewal. On a motion by Houk, seconded by Donovan, the Board voted unanimously to approve this application.
In response to a question from Houk, the Shellfish Constable noted positive recommendations on the remainder of the hearing items.
· Houk moved and May seconded a motion to approve the remainder of the hearing items as read by May. (application of Brad Kaplan and Andrew Cummings for renewal of grant #2002-1 and #2002-1 extension for a period of ten years; application from Molly Benjamin and Keith Rose for renewal of grant #95-26 for a period of ten years; application from Peter Rennert for renewal of grant licenses #95-23 and #95-24 for a period of ten years; application from Schooner Grady for renewal of grant license #95-15 for a period of ten years; application from Wentzl Ruml IV and Kelly Ruml to transfer shellfish grant licenses #95-13, #95-14 and #2000-04 from Wentzl Ruml IV and Kelly Ruml
to Wentzl Ruml IV and Brad Kaplan; application from James Falcone for a two acre extension of shellfish grant license #01-01). Wilson questioned whether anyone else has indicated an interest in the acreage Mr. Falcone is requesting and whether the grant blocked navigable waters. The Shellfish Constable said “no” on both counts. The Board voted unanimously in favor of the motion.
The Board discussed:
a) Police Department Appointments – it was noted that the Special Police Officers appointed this evening will attend a future Board meeting to be introduced to the Board. On a motion by May, seconded by Wilson, the Board voted unanimously to appoint Christopher R. Kelley, George W. Spirito, Victoria P. Thomas, Rose Marie Fiske, Paul G. Clark, Andrew P. Hutton and David Blake, Jr. as Special Police Officers through June 30, 2005.
b) Renewal of Seasonal Liquor Licenses – on a motion by May, seconded by Houk, the Board voted unanimously to approve renewal of the seasonal liquor licenses of the Flying Fish Café; Eric’s Seafood Restaurant, Inc.; Wellfleet Motel & Lodge, Inc. and Sweet Seasons, Inc.
c) Approval of ABCC Seasonal Renewal Certification – on a motion by May, seconded by Wilson, the Board voted unanimously to approve the ABCC Seasonal Renewal Certification.
d) Appointment to Local Housing Partnership – on a motion by Houk, seconded by Wilson, the Board voted unanimously to appoint Sandra Junier to the Local Housing Partnership.
e) Requests to Use Town Property:
o Leah Bartsch – on a motion by May, seconded by Donovan, the Board voted unanimously to approve the request of Leah Bartsch to use Duck Harbor Beach on Saturday, June 19, 2004 from 4:30 to 6 p.m. for a wedding ceremony.
o Susanna Kohn & Arlo Chase – Wilson noted liability concerns. On a motion by May, seconded by Wilson, the Board voted unanimously to approve the request of Susanna Kohn and Arlo Chase to use Cannon Hill on the clearing that’s on the right side when crossing Uncle Tim’s bridge on Saturday, July 31, 2004 from 4:30 to 6 p.m.
f) Town Administrator Appointments – the Town Administrator indicated his appointment of Joe Dockray as the DPW Equipment Operator, Tracy DeMarco as Animal Control Officer and Sidney L. Chase and Norman E. Gill as Veterans’ Agents. Wilson and Houk noted concern with the availability of the Animal Control Officer. The Town Administrator indicated that he is
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satisfied with the way the job is being performed considering how the job is structured. Donovan suggested that this matter be addressed at budget time. A motion by Houk, seconded by Wilson to request the record of how many times the Police Department responds to animal calls was not voted on.
g) Recommendation on Bids – on a motion by May, seconded by Houk, the Board voted unanimously to accept the bid of Wellfleet Village Center, Inc. for gasoline (dealer markup of $.0600/gallon for regular, $.1000/gallon for mid-grade, $.1000/gallon for premium) and Bouse House Enterprises, Inc. for portable toilet services ($13,733.19) and for permanent restroom cleaning services ($12,000). It was noted that contracting for cleaning of the permanent restroom facilities is a new service.
h) Bourne Landfill – the Town Administrator noted that the Town of Bourne is requesting that the Board send a letter to DEP regarding the Bourne Landfill C&D waste. On a motion by Houk, seconded by May, the Board voted 3-0-1, with Wilson abstaining, to send the letter.
i) Surplus Property Votes – on a motion by May, seconded by Wilson, the Board voted unanimously to declare that the parcel currently held for purposes of sale under C. 60 or general municipal purposes of sale by virtue of the Low Value Tax Taking recorded with Barnstable County Registry of Deeds in Book 10434, Page 78 is not needed for general municipal purposes and that the parcels may be conveyed to the Executrix of the will of Edward J. Lynch or to John J. Simonian. On a motion by May, seconded by Wilson, the Board voted unanimously to declare that the property located on 145 Pole Dike Road, Assessor’s Map 12, Lot 224 (commonly known as the sandpit) and being a portion of land described in a deed recorded with Barnstable County Registry of Deeds as Book 236, Page 73, currently held for general
municipal purposes is no longer needed for such purposes and that the property may be transferred to the Conservation Commission for conservation purposes.
j) Final Language for Rules and Regulations Pertaining to the Herring Alewives in the Town of Wellfleet – Wilson suggested that the term “herring alewives” be changed to “river herring”.
The Board reviewed the correspondence report including:
· Letter from Wellfleet Permanent Fire Fighters Union Local 4342 informing the Town that the Union has completed the process of forming its own chapter – on a motion by Wilson, seconded by May, the Board voted unanimously to recognize the Special Chapter within the International Association of Fire Fighters.
· Letter from the Town of Orleans re: Wellfleet Town Night at the Cardinal’s game – there was consensus to notify the Town of Orleans of the Board’s first choice of July 8th, second choice of June 21st and third choice of July 9th. Wilson was asked to contact Stephen Russell and Ptah Brown with the prospective dates to determine their availability to sing at the game.
· Letter from the Town of Orleans requesting support in opposition to legislation proposed by the League of Women Voters that determines a town’s wealth based on property evaluation (Chapter 70) – on a motion by Houk, seconded by May, the Board voted unanimously that a letter be drafted per the request of the Orleans Board of Selectmen. The Town Administrator will draft the letter.
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Open Session:
· Cyndi Moe addressed the Board regarding the status of the “Tesson” property and the claim of damage to the Building Inspector from the Fire Department regarding the Lawrence Road facility noted in the correspondence report.
· Deputy Fire Chief Dan Silverman addressed the Board to present draft eligibility requirements relative to the ATM article to allow call firefighters to participate in the Town’s health insurance program. Wilson recused herself from this discussion. Deputy Chief Silverman indicated that the requirements will be incorporated into departmental “Standard Operating Guidelines” to ensure that only active, participating members of the Department are eligible. On a motion by May, seconded by Houk, the Board voted unanimously 3-0 to recommend the article allowing call firefighters to participate in the Town’s health insurance program.
· Bob Costa commented on the Board’s receipt of input from the Shellfish Constable during shellfish hearings and liability concerns relative to the use of Uncle Tim’s bridge.
· Carl Caruso addressed the Board regarding the petitioned article to establish a separate Board of Water Commissioners suggesting that a public hearing prior to Town Meeting is necessary. The Town Administrator noted a legal opinion indicating that it is premature to consider this article at this time. On a motion by Wilson, seconded by Houk, the Board voted 3-1, with Donovan voting against, to schedule a hearing on this article next Friday the 23rd at 11 a.m.
Comments/Reports:
· Wilson a) noted that not all water system hook-up requests had been placed in the Board’s file as voted by the Board; b) requested that a report from the Health/Conservation Agent regarding the Herring River restoration project be scheduled; c) asked that a meeting of the Board of Water Commissioners be scheduled – the Town Administrator noted that by the end of May or early June he should be able to make a recommendation on rates; d) commented on the process for executive session minutes.
· Houk noted that a local business owner is having a problem with some youths – on a motion by Houk, seconded by May, the Board voted unanimously to request a report through the Town Administrator from the Police Department on what actions the Police Department has taken relative to this matter.
May moved and Donovan seconded a motion to approve the minutes of March 23, 2004 as drafted. Wilson offered an amendment. The Board voted unanimously to approve the minutes of March 23, 2004 as amended.
On a motion by May, seconded by Houk, the Board voted unanimously to approve the minutes of March 27, 2004 as drafted.
On a motion by May, seconded by Donovan, the Board voted unanimously to approve the minutes of March 29, 2004 as drafted.
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Future meetings/agendas – Donovan suggested scheduling a meeting prior to Town Meeting for 6:30 p.m. in the Elementary School Teachers’ Room and a reorganization of the Board meeting for May 4th at 7:00 p.m. in the Town Hall Hearing Room. There was consensus to continue to hold Board meetings in the Library through June and at the Senior Center for July and August. Wilson suggested holding a public hearing on the Herring Regulations to include blue back herring and shad in the regulations.
On a motion by May, seconded by Houk, the Board voted unanimously at 8:46 p.m. on a roll call vote (Houk, Wilson, May, Donovan – yea) to enter executive session to discuss a grievance after a five minute recess.
Respectfully submitted,
Linda Smulligan
Administrative Assistant
Dale Donovan, Chair Jerry Houk
Michael May Helen Miranda Wilson
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