Board of Selectmen
Library Meeting Room
May 25, 2004
Minutes
The meeting was called to order at 7:00 p.m. by Chairman Ira Wood. Selectmen present included Michael May, Dale Donovan, Helen Miranda Wilson and Jerry Houk. Town Administrator Tim Smith also attended.
Announcements:
· May announced that Mac and Alex Hay will be honored on June 10th as the Young Entrepreneurs of the Year by the U.S. Small Business Administration and congratulated them on this prestigious honor. On a motion by May, seconded by Donovan, the Board voted 4-1, with Wilson voting against, to send a letter of congratulations to Mac and Alex Hay.
· May announced that the Harbormaster’s Office has been informed that the Town is in the running for a new boat ramp funded by the State and requested that letters in favor of the project be sent to Senator O’Leary and Representative Gomes. On a motion duly made and seconded, the Board voted unanimously to send a letter to Governor Romney in favor of the boat ramp project with copies to Senator O’Leary, Representative Gomes and Doug Camera of the Public Access Group. There was consensus that May draft the letter.
· Donovan announced the May 27 meeting of the Forum in the Library Meeting Room at 7:00 p.m. to discuss hunting in the National Seashore.
· Donovan announced the annual Memorial Day service scheduled for May 31 at 8:30 a.m. on the Town Hall lawn.
The Board discussed:
a) Ziering Conservation Restriction – Mark Robinson, representing the Wellfleet Conservation Trust, was in attendance, displayed a map of the area, and requested that the Board approve the conservation restriction so that it can be recorded. On a motion by Houk, seconded by May, with Wilson recusing herself, the Board voted unanimously 4-0 to approve the conservation restriction.
The Board held a public hearing to consider the application from Lisa Dexter for renewal of shellfish grant license #01-03 located at Indian Neck and to transfer said license from Lisa Dexter to Lisa Dexter and Louis Doucette. Donovan read the public notice. Shellfish Constable Andy Koch joined the Board. Mr. Koch reminded the Board that last year when this license was up for renewal, the Acting Shellfish Constable, Jim McGrath, recommended against renewal due to a lack of effort by Ms. Dexter and the Board approved a one year extension. He indicated that Ms. Dexter’s efforts during the last year have fallen short of what’s expected per the Shellfish Regulations and recommended that this license not be renewed. Lisa Dexter was in attendance and explained that she had purchased
100,000 oysters which had died from juvenile oyster disease and noted that she felt that she had fulfilled the requirements since it is her understanding that she is in the third year of her license. William Young, Jr., Molly Benjamin, Louis Doucette, Keith Rose and Chris Merl each spoke in favor of Ms. Dexter’s efforts noting the difficulties of working a deep water grant and her assistance of a terminally ill friend. The Shellfish Constable recommended against Ms. Dexter’s request to transfer this license because she has not met
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minimum production efforts. Ms. Dexter indicated that she feels that she has met the production requirements for the third year. On a motion by Houk, seconded by May, the Board voted 4-1, with Wilson voting against, to grant a one year extension to Ms. Dexter and to not grant the transfer to Mr. Doucette and to allow Ms. Dexter a one year probationary period and to follow the requirements of the first year.
The Board continued discussion:
b) Business Licenses – on a motion by Donovan, seconded by May, the Board voted unanimously to approve business licenses as printed on the agenda. (On the Creek Café; Eclectic Co.; Idle Times Bike Shop, Inc.; Jim’s Corner; Gary Flomenhoft; The Blue Willow)
c) Requests to Use Town Property:
· Our Lady of Lourdes Building Fund – Brewster Fox introduced John Talbot who explained the request. On a motion by Donovan, seconded by May, the Board voted unanimously to approve the request of the Our Lady of Lourdes Building Fund to use an 8’x 20’ area of the Transfer Station on which a steel storage container will be placed for the storage of bagged bottles and cans during the time that the Transfer Station is open. The Town Administrator noted that other groups could also be allowed the same consideration if so requested.
· MoveOn.org – on a motion by Donovan, seconded by May, the Board voted unanimously to approve the request of MoveOn.org to use the lawn in front of Town Hall on Saturday, June 12, 2004, with a rain date of Sunday, June 13, for a bake sale on the condition that other political groups also be allowed similar use.
d) Board of Selectmen Schedule of Regular Meetings 2004-2005 – there was consensus to approve the schedule as submitted.
e) Nomination to Charter Review Committee – Wilson volunteered for the nomination. Donovan noted Selectman Houk’s service to the Town. Donovan nominated Houk, seconded by May. The Board voted 4-0-1, with Houk abstaining, to nominate Selectman Houk to the Charter Review Committee.
f) Fireworks Bid – on a motion by Donovan, seconded by Houk, the Board voted unanimously to accept the bid of Atlas Fireworks in the amount of $10,950.
g) Powers & Sullivan Audit Contract – the Town Administrator noted that he and the Town Accountant are recommending that the Town stay with Powers and Sullivan due to GASB 34 requirements. On a motion by Wilson, seconded by Donovan, the Board voted unanimously to approve this contract.
h) Clapp Tree Donation – it was noted that Martin Clapp has passed away and his family would like to donate a tree in his memory. Several areas in Town were suggested for the placement of the tree. On a motion by Donovan, seconded by Houk, the Board voted unanimously to accept this donation with gratitude and appreciation for Martin Clapp’s work for the Town.
i) Request for Commercial Shellfish Permit from Linda Connolly – May recused himself from this discussion. The information from the Shellfish Constable detailing why he had not approved Ms. Connolly’s application for a commercial shellfish permit was noted. Linda Connolly was in attendance and indicated that she was confused by the process and had made the appropriate changes in January. The Shellfish Constable noted the six month residency requirement for a
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commercial shellfish permit. It was suggested that there was no matter before the Board and that this subject need not be discussed further.
j) Request for Authorization to Extend Noise Bylaw Time Limit (Ethan Rossiter) – Fred Young was in attendance and indicated that he has been holding events at the Holden Inn for five years without a problem. The General Bylaw change was noted. Donovan requested that the similar request from Heidi Ganss also be considered by the Board at this time. On a motion by Donovan, seconded by May, the Board voted 4-1, with Wilson voting against, to approve both the Rossiter and Ganss requests for a one hour exemption from the “Noise Bylaw”.
Donovan presented the correspondence report noting the budget update from Representative Gomes indicating that State revenues are up 29% over projections and the letter from “Concerned Residents” regarding signs for private roads. Wilson noted the memo from the Shellfish Constable regarding regulations and personnel.
Open Session:
· Moe Barocas addressed the Board regarding whether the proposed work at 335 Main Street would be completed before the Strawberry Festival. The Town Administrator indicated that the DPW will take care of this matter. Carl Caruso and Mr. Barocas volunteered their assistance.
The Town Administrator indicated that he will be on vacation the first week of June. In response to Wilson’s question regarding input into the Police/Fire facility building project from the Police and Fire Departments, the Town Administrator outlined the process for choosing an architect and noted that departmental input will come later.
Donovan moved and May seconded a motion to approve the minutes of May 11, 2004 as printed. Wilson offered an amendment to the minutes and moved its acceptance - seconded by Houk. On this motion the Board voted 2-3 with Wood, May and Donovan voting against. On the original motion to approve the minutes as printed, the Board voted 3-2 with Houk and Wilson voting against.
Executive session minutes – Donovan moved and May seconded a motion to release the executive session minutes dated 4/10/00, 5/30/00, 10/2/00, 10/10/00, 10/30/00, 2/26/01, 6/11/01, 10/22/01, 11/13/01, 12/17/01, 2/28/02, 5/28/02, 7/15/02, 6/16/03, 6/23/03, 7/7/03, 7/28/03, 9/9/03, 9/23/03, 10/7/03, 10/14/03, 2/2/04, 2/10/04, 2/24/04. A motion by Wilson to release the executive session minutes but to exclude 2/24/04 was not seconded. On the original motion the Board voted 4-1, with Wilson voting against. Discussion included content of executive session minutes.
Future Meetings/Agendas – in preparation for the goals meeting scheduled for June 8th, each member was asked to submit their goals formulated à la John Makely, to the Administrative Assistant by June 1st. Wilson suggested scheduling a discussion of liquor licensing noting the letter from the Wellfleet Spirits Shoppe.
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On a motion by Donovan, seconded by May, the Board voted unanimously to adjourn at 8:48 p.m.
Respectfully submitted,
Linda Smulligan
Administrative Assistant
Ira Wood, Chair Michael May Dale Donovan
Helen Miranda Wilson Jerry Houk
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