Board of Selectmen
Senior Center
August 10, 2004
Minutes
The meeting was called to order at 7:00 p.m. by Chairman Ira Wood. Selectmen present included Michael May, Dale Donovan and Helen Miranda Wilson. Selectman Jerry Houk was absent. Town Administrator Tim Smith also attended.
Announcements:
· Donovan announced that an auction and reception to benefit the Alzheimers Services of Cape Cod and the Islands is scheduled on Saturday, August 14th from 5 to 9 p.m. at the Sandpiper Gallery and that a meeting is scheduled on Thursday, August 12th at the Senior Center for representatives of the Cape Cod Preservation Act Coalition to present information regarding the Community Preservation Act and how it could effect the Town of Wellfleet.
The Board discussed:
a) Herring River Restoration Project – the Board discussed the proposed Memorandum of Understanding between the National Park Service and the Town of Wellfleet Herring River Saltmarsh Restoration Project. Health/Conservation Agent Emily Beebe explained that this document defines roles and responsibilities of the parties and will allow the Conservation Commission to stay in the middle of the project to develop an order of conditions and provide enforcement. Assistant Town Administrator, Rex Peterson, indicated that the document has been reviewed by Town Counsel. Donovan moved and May seconded a motion to post this draft document, with suggested changes where feasible, on the Town’s web site and to revisit this issue no later than October 12th. Ben Zehnder, representing
Sarah Rosenberg and family, suggested that consideration of this document is premature and that discussion should be whether this project is a good idea. He noted that the document does not contain funding provisions for loss of property or liability and suggested that this issue be opened up to the public. The Board voted unanimously in favor of the motion. On a motion by Wilson, seconded by May, the Board voted unanimously to send copies of this document to the Planning Board, NRAB, Shellfish Advisory Committee and the Library.
b) FY 2004 Transfers – Town Accountant Marilyn Crary presented her third request for FY 2004 transfers. On a motion by Donovan, seconded by Wilson, the Board voted unanimously to approve the interline transfers within and between departments as presented.
c) Requests to Use Town Property:
o S.P.A.T. – Lisa Brown indicated that the request reflects the same parameters as last year with the addition of a no parking area on Holbrook Avenue. On a motion by May, seconded by Donovan, the Board voted unanimously to approve the request of S.P.A.T. to use all Town-owned streets, sidewalks, lawns and parking lots from the intersection of Briar Lane and Holbrook to Bank Street and Main Street inclusive from Friday, October 15th at 9 a.m. to Monday, October 17th at noon for the Wellfleet Oysterfest.
o Herb Acevedo/Kevin Miller – on a motion by Wilson, seconded by May, the Board voted unanimously to approve the request of Herb Acevedo and Kevin Miller to use
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just north of the parking lot on Newcomb Hollow Beach on September 12th from 4-9 p.m. for a wedding celebration clambake.
o Wendy Moreau – on a motion by Wilson, seconded by May, the Board voted unanimously to approve the request of the International Women’s Flag Footall League to use Baker’s Field on Saturday, September 25th from 8 a.m. to 5 p.m. and on Sunday, September 26th from 8 a.m. to 1 p.m. for a flag football tournament with a fee of $100.
d) Requests for Special Event Liquor Licenses:
o Lisa Brown, S.P.A.T. – Lisa Brown explained that the beer service will be the same as last year with the addition of a tent to cover the beer area. On a motion by Donovan, seconded by Wilson, the Board voted unanimously to approve the request of Lisa Brown (S.P.A.T.) for a two day liquor license on October 16th and 17th, 2004 for the Wellfleet Oysterfest.
o Jeff Zinn, Wellfleet Harbor Actors Theater – on a motion by Donovan, seconded by Wilson, the Board voted unanimously to approve the request of Jeff Zinn (W.H.A.T.) for a one day liquor license on August 31st at the W.H.A.T. Theater and Uncle Frank’s for a party/auction/fund raiser.
e) Representative to Committee to Review the Charter and Ordinances of Barnstable County – it was suggested that the memo be sent to boards and committees and that this matter be discussed at the August 24th meeting.
f) Mobile Gasoline and Diesel Fuel Services Bid – the Town Administrator indicated that one bid was received from Cape Cod Oil in the amount of 10 cents per gallon. May recused himself from consideration of this matter. On a motion by Donovan, seconded by Wilson, the Board voted unanimously 3-0 to accept the bid of Cape Cod Oil for mobile gasoline and diesel fuel services at the Marina in the amount of 10 cents per gallon.
g) Special Town Meeting Warrant Articles – the Town Administrator outlined potential articles and asked the Board to consider which articles to pursue.
1. Discontinue way at intersection of Gross Hill, Lawrence and School Streets – on a motion by Donovan, seconded by Wilson, the Board voted unanimously to proceed with this article.
2. Water system article proposed by Selectman Donovan – on a motion by May, seconded by Donovan, the Board voted 3-1, with Wilson voting against, to proceed with this article.
3. Community Preservation Act – on a motion by Wood, seconded by May, the Board voted unanimously to proceed with this article.
4. Adoption of M.G.L. c. 32 § 4(2)(b) to allow call firefighters the ability to buy back time for retirement purposes – Wilson recused herself from consideration of this article. On a motion by Donovan, seconded by May, the Board voted unanimously 3-0 to proceed with this article.
5. Appropriation of $125,000 for Lt. Island Bridge repairs – on a motion by Donovan, seconded by May, the Board voted unanimously to proceed with this article. It was suggested that the original contract for construction of the bridge be reviewed.
6. Appropriation for design services for Lt. Island Bridge – the Board took no action.
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7. Appropriation for design of Police/Fire Station – on a motion by Wilson, seconded by May, the Board voted unanimously to proceed with this article.
8. Authorization to lease Town-owned property for beach concessions – on a motion by Wilson, seconded by Donovan, the Board voted unanimously to proceed with this article.
9. Article submitted by Housing Authority to allow the Housing Authority to sell the small eastern section of Lot 160 in the Old Wharf Road subdivision with proceeds to be placed in the Wellfleet Affordable Housing Trust Fund – the Board took no action. It was suggested that a member of the Housing Authority meet with the Board to discuss this article request.
In light of the Board’s inaction on an article to appropriate funds for design services for the Lt. Island Bridge, the Town Administrator asked whether the Board wished to go forward with the feasibility study. It was suggested that this matter go to Annual Town Meeting.
h) Barnstable County Surplus Funds – the Town Administrator recommended that these funds be used for continuation of the Estuaries Project. On a motion by Wood, seconded by Wilson, the Board voted unanimously that the Barnstable County surplus funds be used for the Estuaries Project.
i) Letter to Acknowledge Letters from Private Individuals – Wilson read the proposed letter. On a motion duly made and seconded, the Board voted unanimously to approve the use of this letter.
Donovan presented the correspondence report including:
· Assistant Town Administrator and Local Comprehensive Plan Revision Committee request to review action steps from 1995 LCP and suggest new steps for LCP revision – the Town Administrator was asked to review the steps as appropriate.
· Lt. Island Association Annual Meeting Minutes – receipt noted.
Open Session:
· Fran DeVasto of Friends of Our Recreation, Inc. read a letter to the Board submitted in response to the July 15th letter from the Town Administrator, indicating their intent to maintain their name. Mr. DeVaso also submitted an application to use the 335 Main Street property from January 29, 2005 to February 14, 2005 for performance of a winter play.
· Margo KochRuthe addressed the Board regarding neighborhood issues including the “junk yard” across the street and the “trophy house” next door. Donovan outlined the status of litigation regarding the “junk yard” and Wilson suggested that a protective covenant may exist in the subdivision.
· A gentleman who identified himself as a “renter” addressed the Board regarding public safety issues including the intersection of West Main Street and Old Chequessett Road (car parked blocking vision) and people walking on Town roads. He also noted several mistakes on a Chamber of Commerce map.
The Town Administrator indicated his appointment of Elizabeth Hall, Daniel Gangnon, Ashley Toomey, Kristin Toomey and Stephanie Ferasin as Beach Program substitutes for the end of the summer. On a motion by Wilson, seconded by May, the Board voted unanimously to approve these appointments.
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Selectmen’s Comments/Reports:
· May commented on the need for line painting at the Marina and the new sign to be displayed at the Marina. The Town Administrator noted that line painting has been planned for after Labor Day.
· Wilson suggested bringing back the article establishing a second Wellhead Protection District with appropriate language changes. May left the room. On a motion by Donovan, seconded by Wood, the Board voted unanimously 3-0 to ask the Planning Board to make the appropriate changes and to note that the Board of Selectmen is willing to resubmit it to Special Town Meeting. May rejoined the Board.
On a motion by Donovan, seconded by May, the Board voted 3-0-1, with Wilson abstaining (she had left early in the meeting due to illness), to approve the minutes of July 13, 2004 as printed.
On a motion by Donovan, seconded by May, the Board voted unanimously to approve the minutes of July 20, 2004 as printed.
Donovan moved and May seconded a motion to approve the minutes of July 27, 2004 as printed. Wilson suggested an amendment. On the motion the Board voted 2-1, with Wilson voting against.
Wilson requested that Board members consider changing the date of the October 26th meeting explaining that she has a conflict because she has been asked to speak at a memorial service of a close family friend in New York on that date. It was noted that each Selectman has times of scheduling conflicts.
On a motion by Donovan, seconded by May, the Board voted unanimously to adjourn at 9:25 p.m.
Respectfully submitted,
Linda Smulligan
Administrative Assistant
Ira Wood, Chair Michael May
Dale Donovan Helen Miranda Wilson
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