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BOS Minutes - 6/29/04
                                                                               Board of Selectmen
Senior Center
July 13, 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.

The Board held a public hearing to consider the recommendation of the Shellfish Constable to place oyster spat collectors in Chipman’s Cove.  Donovan read the public notice.  Shellfish Constable Andy Koch presented his recommendation to open an area of Chipman’s Cove for placement of spat collectors noting the Board’s vote to open the area on a temporary basis until tonight’s hearing.  May disclosed that he holds a commercial shellfish permit.  On a motion by Wilson, seconded by May, the Board voted unanimously to approve the recommendation of the Shellfish Constable to amend Section V of the Temporary Shellfish Regulations, Open and Closed Areas, by designating an area in Chipman’s Cove for placement of oyster spat collectors by shellfish grant license holders; said area is approximately 300’x 300’, marked by yellow buoys, and will be so designated from June 1st through October 31st of current year.

Announcements:
·       May thanked all those responsible for the success of this year’s Strawberry Festival with special thanks to the DPW, 335 Main Street Committee and Historical Commission.
·       Houk thanked Brewster Fox, Richard Robicheau and Janet Erickson for their efforts relative to the Strawberry Festival.
·       Sue Rohrbach, from Senator O’Leary’s Office, updated the Board on the status of State funding for a new boat ramp and noted potential veto overrides supported by Senator O’Leary.

The Board discussed:
a)  Request to Use Town Property:  Joanne M. Dole – on a motion by May, seconded by Houk, the Board voted unanimously to approve the request of Joanne M. Dole to use Mayo Beach on June 18, 2005 from 4:45 to 5:15 p.m. for a wedding ceremony.
b)  Request for Exemption from Noise Bylaw:  Joanne M. Dole – on a motion by Houk, seconded by Donovan, the Board voted unanimously to approve the request from Joanne M. Dole for an exemption from the noise bylaw to extend the wedding reception at the Holden Inn on June 18, 2005 from 10 to 11 p.m.
c)  Request for Exemption from Noise Bylaw:  Susanna Kohn – on a motion by Wilson, seconded by Houk, the Board voted unanimously to approve the request of Susanna Kohn for an exemption from the noise bylaw to extend the wedding reception at the Moorings on July 31, 2004 from 10 to 11 pm.
d)  Board of Selectmen’s Reappointment – on a motion by Houk, seconded by May, the Board voted unanimously to reappoint Charles Amsler as an alternate on the Zoning Board of Appeals.

Page 2 – Board of Selectmen Minutes – 7/13/04


e)  DCPC Nomination – Historical Commission members Janet Erickson, Brewster Fox, Anne White, Gene Cormier and Clarence Smith were in attendance.  Mr. Fox explained that the Historical Commission is nominating The Colony as a DCPC in order to preserve and protect an historical asset of the Town noting its architecture, furnishings and art, and is presenting it this evening to the Board of Selectmen for comment before it goes to the Cape Cod Commission.  Discussion included the purpose of a DCPC, timing considerations and factors considered by the Historical Commission relative to this nomination.  On a motion by Donovan, seconded by May, the Board voted unanimously that the Board of Selectmen support this DCPC nomination and to request that the Planning Board, Board of Health and Conservation Commission have an opportunity to learn about it for review purposes.

Wilson left the meeting at 7:40 p.m. due to illness.

f)  Windmills – the Town Administrator indicated that a presentation before the Board from MTC has been scheduled for July 20.
g)  SRF Funding – the Town Administrator indicated that the deadline for the next round of funding is August 31st and recommended pursuing funding for a water tower and well at the Boy Scout Camp noting that there would be no obligation for the Town.  Discussion of this matter was postponed until the July 20th meeting.
h)  Fire Department Appointment – Fire Chief Hight indicated his appointment of Edward J. Dalbec as a full-time Firefighter/Paramedic.  Houk noted concern that the appointee is not from the local area and requested that in the future all applications be submitted to the Board for review.  On a motion by May, seconded by Donovan, the Board voted unanimously to approve the appointment of Edward J. Dalbec as a full-time Firefighter/Paramedic.  Houk requested that the Board review its policy.
i)  Budget Transfers – Town Accountant Marilyn Crary presented the transfer requests.  On a motion by Donovan, seconded by May, the Board voted unanimously to approve the interline transfers within and between departments.
j)  Lieutenant Island Bridge Feasibility Study – the Town Administrator indicated that he will be requesting a Reserve Fund transfer from the Finance Committee to fund a portion of the study with the remaining monies to come from current appropriations and requested that the Board approve the contract with Environmental Partners contingent upon the transfer.  Discussion included ownership of the bridge and the property it is on.  On a motion by Donovan, seconded by May, the Board voted unanimously to approve Amendment No. 2 to Agreement for Engineering Services Timber Bridge Inspections and Recommendations for Improvements for Feasibility Study for Lt. Island Bridge.  Houk suggested that the procurement process be used for future engineering services.
k)  Business License for Wellfleet Harbor Actors Theater, Inc. – on a motion by Donovan, seconded by Houk, the Board voted unanimously to approve a weekday entertainment and Sunday entertainment license for the W.H.A.T. Theater pending approval by the Zoning Board of Appeals.


Page 3 – Board of Selectmen Minutes – 7/13/04

l)  Lisa Brown’s Request for a Leave – Donovan suggested that the Board develop a policy to enforce the Charter but allow the Board, under extraordinary circumstances and with the recommendation from a committee chair, to allow a vacancy to remain unfilled.  There was consensus that Donovan draft the policy.
m)  Landfill Capping Contract – the Town Administrator noted the tasks included in the contract.  On a motion duly made and seconded, the Board voted 4-1, with Houk voting against, to approve Amendment No. 4 to the Engineering Services Agreement between Environmental Partners Group, Inc. and the Town of Wellfleet for the Municipal Landfill Closure.
n)  Fall Special Town Meeting – the Town Administrator noted potential articles to fund the design and bidding of the Police/Fire Station project and immediate construction/design/engineering services for the Lt. Island Bridge project and the Community Preservation Act.  Fire Chief Hight, Police Chief Rosenthal, Deputy Fire Chief Silverman and Lt. Fisette each spoke to the need for a new Police/Fire Station.  The “Gutsy Bender” property owned by Cape Cod 5 and the Catholic Church property on Route 6 were suggested as alternative sites for a new Police/Fire Station.  Houk suggested that the Town Administrator contact Cape Cod 5 to see if they would like to discuss the sale of the “Gutsy Bender” property.  The Town Administrator reminded the Board that they have signed a contract with an architect to go forward with a feasibility study on the current facilities’ footprint and noted procurement issues.  Donovan suggested that this matter should be discussed in executive session.  On a motion by Donovan, seconded by May, the Board voted unanimously to schedule a fall special town meeting on October 18th.

Donovan presented his correspondence report:
·       From Cape Cod Commission, USGS Groundwater Modeling Project – on a motion by Donovan, seconded by May, the Board voted unanimously to notify the Cape Cod Commission that the Town will participate.
·       From Jeff Hughes, declining reappointment as Herring Warden – the vacancy was noted.
·       From Jeffrey White and Lawrence Gallagher, request that 2004 Wellfleet Annual Town Report be dedicated in honor of Richard James Dickey – it was suggested that this request be held for consideration nearer to the time of publication of the report.

Open Session:
·       Sue Rohrbach addressed the Board regarding the Land Bank and the Community Preservation Acts noting that a November ballot question would be necessary should the Town wish to consider adoption of the Community Preservation Act.
·       Hugh Guilderson thanked the DPW and Town Administrator for decreasing the morning noise at the DPW.
·       Moe Borocas addressed the Board regarding the porta-potties behind Town Hall.  The Town Administrator indicated that two more units have been ordered and that they are being cleaned daily.
·       George White advised the Board of the proposed dates for a complimentary fireworks display offered by Atlas PyroVision Productions (August 14, 27 or 29).  Scheduling a display the weekend of the Oyster Festival was discussed.  Mr. White was asked to get all the optional dates.
Page 4 – Board of Selectmen Minutes – 7/13/04


On a motion by Donovan, seconded by May, the Board voted unanimously to approve the minutes of June 15, 2004 as submitted.

On a motion by May, seconded by Donovan, the Board voted unanimously to approve the minutes of June 22, 2004 as submitted.

On a motion by May, seconded by Donovan, the Board voted unanimously to approve the minutes of June 29, 2004 as submitted.

On a motion by Donovan, seconded by May, the Board voted unanimously to adjourn at 8:40 p.m.


                                                        Respectfully submitted,



                                                        Linda Smulligan
                                                        Administrative Assistant



                                                                                                        
Ira Wood, Chair                           Michael May                                       Dale Donovan

                                                                        
Helen Miranda Wilson                 Jerry Houk