Board of Selectmen
Senior Center
August 24, 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 the following Shellfish Department public hearings. Shellfish Constable, Andy Koch presented his recommendations as follows. Donovan read the public notice.
· Application from Joel and Anne Fox to transfer shellfish grant licenses #739 and #739A from Joel and Anne Fox to Joel Fox, Anne Fox and Michael Parlante – the Shellfish Constable recommended approval of this application. Joel Fox indicated his intent to shrink grants #739 and #739A to a total of three acres. It was noted that with this transfer, Michael Parlante will have a total of 6.85 acres. May disclosed that he holds a commercial shellfish permit. On a motion by Houk, seconded by May, the Board voted unanimously to grant this transfer request.
· Application from Robert W. Rowell to transfer shellfish grant licenses #852, #852A and #852B from Robert W. Rowell to Robert W. Rowell, Philip Allain and Nora Clark - the Shellfish Constable recommended that this transfer request be granted. It was noted that this transfer would not bring Mr. Allain and Ms. Clark over the seven acre limit. On a motion by Donovan, seconded by May, the Board voted unanimously to approve this application.
· Application from Ron Buck for a five year renewal of shellfish grant license #2000-07 ext. - the Shellfish Constable recommended that this renewal be granted. On a motion by Donovan, seconded by May, the Board voted unanimously to approve this application.
· Application from Jared D. Ziemba and Russell Murphy for a 3 acre shellfish grant license located east side of the harbor, north of Omaha Landing (Area 24 on Harbor Usage Map) also abutting the south end of Burton Baker Beach block site – the Shellfish Constable noted that although he had originally recommended approval of this application, he had reservations after inspection of the area. He indicated that when this area was proposed for grants three years ago, the State determined the area to be productive; an opinion which the State still holds and that the area is too close to the recreational area. Mr. Ziemba, with the concurrence of Mr. Murphy,
addressed the Board to request that the applications be withdrawn at this time. Wilson noted that Area 24 is not included in Section 1 of the Temporary Shellfish Regulations as an aquaculture area.
· Consider proposed changes to Sections IV and V of the Town of Wellfleet Temporary Shellfish Regulations – the Shellfish Constable recommended that both the Commercial and Non-Commercial areas of the regulations be amended to indicate that Chipman’s Cove will reopen as of one-half (1/2) hour before sunrise on the last Sunday in October until further notice. On a motion by Donovan, seconded by Wilson, the Board voted unanimously to approve this recommendation.
· Consider proposed changes to the Town of Wellfleet Shellfishing Policy and Regulations – a) Section 9.1.1 - the Shellfish Constable recommended creation of a no drag line from Field Point to the boat house on Lieutenant’s Island, where boats may not drag east of this line. Donovan moved and Wilson seconded a motion to approve this change in the regulations and
to include the new drag line in the “Appendix: Areas and Boundaries” of the Temporary Shellfish Regulations. Jim O’Connell indicated that the Shellfish Advisory Committee supports this amendment. The Board voted unanimously in favor of the motion.
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b) Section 10.1.10 – the Shellfish Constable presented his recommendation noting that he will give grant holders 30 days to clean up their grants before enforcing the new regulation. Wood read the proposed new language as follows: “All gear on licensed areas must be securely fastened to the bottom. All unusable gear shall be removed from a licensed area. Loose nets, twisted and damaged racks, loose envelopes and grow out bags are included. The fines for these violations are as follows. After a written warning, the licensee has 7 days to comply. After the seventh day, a fifty dollar ticket shall be issued for each day of non-compliance. After 30 days of noncompliance, the licensee shall have their license revoked. The Shellfish
Constable shall have the authority to temporarily waive these regulations if the presence of ice hampers the ability of the licensee to immediately comply with these regulations.” Jim O’Connell indicated that the Shellfish Advisory Committee supports this amendment. On a motion by Wilson, seconded by Donovan, the Board voted unanimously to approve the additional language to Section 10.1.10 as proposed.
· Section V of the Temporary Shellfish Regulations – the Shellfish Constable recommended that the daily catch limits for Mayo Beach for oysters be changed from 2 bushels to 1 bushel and for quahogs from 5 bushels to 2 bushels. Limits relative to divers and diver’s tenders were discussed. On a motion by Donovan, seconded by May, the Board voted unanimously to approve the recommendation for changes to Section V of the Temporary Shellfish Regulations with the understanding that the Shellfish Constable will come back to the Board to clarify the language on diving. The Board voted unanimously in favor of the motion.
Wilson announced that fireworks are scheduled for August 28th with no rain date.
The Board discussed:
a) “Lynch Property” deed – the Town Administrator noted that the proposed deed is a result of the April 26, 2004 Town Meeting vote (to convey Parcel 291 on Assessors’ Map Sheet 36 to the Executrix of the will of Edward J. Lynch or to John J. Simonian). On a motion by Donovan, seconded by May, the Board voted unanimously to approve and sign the deed.
b) Active Living Research Program Grant Proposal – the Assistant Town Administrator, Rex Peterson, requested that the Board sign a letter of support for the proposed partnership involving the Wellfleet Council on Aging, the Wellfleet Health Department and the Center for Educational Development in Health and Gerontology at Boston University to expand the “’Fleet feet” walking program. On a motion by Donovan, seconded by May, the Board voted unanimously to authorize the Chair to sign the letter of support.
c) Growth Management Audit – the Assistant Town Administrator requested that the Board endorse sending the audit to the Cape Cod Business Roundtable. On a motion by Donovan, seconded by May, the Board voted unanimously to endorse this Growth Management Audit.
d) Town Administrator’s Appointment – the Town Administrator indicated his appointment of Mary Rogers as the part-time Committee Secretary.
e) Request for Reappointment to the Planning Board – on a motion by May, seconded by Wilson, the Board voted unanimously to appoint Lisa Brown to the Planning Board through June 30, 2005.
f) Request to Use Town Property: F.O.O.R. – it was noted that this application has been disapproved by the Health/Conservation Agent because the septic requires an upgrade and the water system must be connected to the municipal system and the Building Inspector because the building does not meet handicap access requirements and the proposed use would require a “change of use” requiring substantial upgrades. Discussion included the need for improvements to the building.
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g) Special Town Meeting Warrant Articles – the Town Administrator reviewed the articles as follows:
· Article 2 (funds for design and engineering services for reconstruction of Police/Fire Station) – the Town Administrator indicated that the estimated cost may increase.
· Article 6 (survey for customer demand/need relative to the Wellfleet Water System) – Wilson requested information on non-binding referendums.
· Articles 7 & 8 (amendments to Zoning Bylaw Section IX, Overlay Districts, Section 9.1.2 Districts Established and Section IX, Overlay Districts, Section 9.1.4 Wellhead Protection Districts, Use Regulations) – on a motion by Donovan, seconded by Wilson, the Board voted unanimously to refer these articles to the Planning Board for public hearing.
· Article 9 (transfer jurisdiction of Lot 161, Map 36 to Board of Selectmen) – it was suggested that the Housing Authority be asked to look at the explanation of the article in the draft warrant.
On a motion by Wilson, seconded by May, the Board voted unanimously to send the warrant articles to the appropriate committees for recommendation.
h) Representative to Committee to Review the Charter and Ordinances of Barnstable County – on a motion by Wood, seconded by Donovan, the Board voted unanimously to appoint the Town Administrator to this Committee.
i) Board of Selectmen Goals – the Town Administrator reviewed the status of the Board’s goals including:
1) Financial Projections – noted the trend towards analysis.
2) Mayo Beach property – discussion included renovation of the Beach Sticker building for multiple uses and restoring the Mayo Beach property to its original purpose.
3) Information and communication flow – discussion included measuring increased information flow.
4) Wastewater System Management Plan – a committee to develop a management plan was suggested.
5) Town Meeting presentations
j) Request for Exemption from Noise Bylaw – on a motion by Wood, seconded by Donovan, the Board voted unanimously to approve the request of Courtney Welch for an exemption from the Noise Bylaw to extend her wedding reception at the Holden Inn on September 11 from 10 to 11 p.m.
Donovan presented the correspondence report and noted:
· Charter Review Committee request for Town Charter changes/suggestions – the Town Administrator suggested that Tom Groux meet with the Board at its second meeting in September to discuss his recommendations including Charter changes. It was noted that Board members could submit changes/suggestions both as individuals and as a Board.
· Town Counsel memoranda on Community Preservation Act; Repairs and Snow removal on private roads; tort liability and liability from defects in public ways; changes to public construction laws – receipt noted.
· Letter from Virginia Crossman – it was noted that arrows have been painted at the Marina.
· Letter in response to correspondence to the Board – Donovan noted the Board’s approval of this letter.
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Town Administrator comments – the Town Administrator noted that the John Daniel’s property has been cleaned up to the satisfaction of the Building Inspector and that discussion of the recommendation from the DPW regarding private road issues will be scheduled in the fall.
Comments/Reports:
· Wilson 1) suggested that the Board look into areas for new shellfish grants, 2) commented on surveillance of the Town Hall front lawn and 3) questioned commenting on the new draft Affordable Accessory Dwelling Unit brochure.
· Houk noted concern with the Liquor License Rules and Regulations as amended by the Board and suggested further discussion.
Donovan moved and Wilson seconded a motion to approve the minutes of August 10, 2004 as drafted. Wilson moved an amendment to the minutes which was not seconded. On the motion the Board voted 3-1-1, with Wilson voting against and Houk abstaining (he had not attended the meeting).
Donovan moved and May seconded a motion to approve the minutes of August 17, 2004 as drafted. Wilson moved an amendment to the minutes which was not seconded. On the motion the Board voted 3-1-1, with Wilson voting against and Houk abstaining (he had not attended the meeting).
On a motion duly made and seconded, the Board voted unanimously at 9:04 p.m. on a roll call vote (Houk, Wilson, May, Donovan, Wood – yea) to enter executive session for the purpose of contract negotiations and not to reconvene in open session.
Respectfully submitted,
Linda Smulligan
Administrative Assistant
Ira Wood, Chair Michael May Dale Donovan
Helen Miranda Wilson Jerry Houk
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