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BOS Minutes - 9/14/04
                                                                                Board of Selectmen
September 14, 2004
Senior Center
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.

Chairman Wood announced that the Board would resume meeting at the Library as of the next meeting.

The Board held the annual Classification Hearing.  Assessor Nancy Vail was in attendance and presented the Board of Assessors’ recommendation to retain the unified tax rate noting that currently 94% of properties are residential and 6% commercial.  Houk moved and Donovan seconded a motion to make the Residential Factor the numeric number 1 for Fiscal 2005.  Wilson moved to amend the motion by adding “so as to maintain a single tax rate for all classes of property.”  Houk, as mover of the motion, indicated acceptance of the amendment.  The Board voted unanimously to approve the motion as amended.  Ms. Vail outlined Option 1, the Residential Exemption; Option 2, the Open Space Exemption; and Option 3, the Small Business Exemption noting the Board of Assessors’ recommendation that no action be taken.  No action was taken by the Board on Options 1, 2 or 3.

Announcements:
·       Wilson announced that the annual “Dump Dance” is scheduled for September 19 from 6 to 10 p.m. at the Truro Transfer Station.
·       Wood updated the Board on the meeting with the Cecil Group regarding the 335 Main Street property noting the recommendation that the Town act as soon as possible because old buildings deteriorate quickly.

The Board discussed:
a)  Interview for Appointment to the Board of Assessors – the Board interviewed John Duane.  Mr. Duane indicated that he is willing to take the course required by the Department of Revenue in October.  On a motion by Donovan, seconded by May, the Board voted unanimously to appoint John Duane to the Board of Assessors.
b)  Appointment to Housing Authority – Housing Authority members in attendance included Elaine McIlroy, Elaine LaChapelle and Birgitta Olson.  On a motion by Houk, seconded by Wilson, the Board voted unanimously to appoint Judy Taylor to the Housing Authority to fill the unexpired term of Catherine Hill until the next annual election.  On a motion by Elaine LaChapelle, seconded by Elaine McIlroy, the Housing Authority voted unanimously to appoint Judy Taylor to the Housing Authority to fill the unexpired term of Catherine Hill until the next annual election.
c)  Application for Two-Day Liquor License (Chamber of Commerce) – Jean Bessette and Gail McGibbon were in attendance to represent the Chamber of Commerce.  Ms. Bessette explained that the Chamber’s annual scholarship auction has outgrown the space at the Inn at Duck Creek and  will  be  held  at  the  Senior Center this  year.  On a motion by Houk, seconded by May, the
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Board voted unanimously to approve the application of the Wellfleet Chamber of Commerce for a two day liquor license on October 15th and 16th from 6 to 11 p.m. at the Senior Center.
d)  Authorization to Submit Self-Help Grants – Mark Robinson of the Compact of Conservation Trusts explained that the Open Space/Land Bank Committee has prepared Self-Help Grant applications for the Ernst property (already approved by Town Meeting) and the Rinzler property (to be considered at the fall Special Town Meeting).  Discussion included whether it is prudent to purchase the Rinzler property at this time, Self-Help Grant limits and the likelihood of approval of the Town’s applications.  Donovan moved and May seconded a motion that:

“The Board of Selectmen, as the executive officers of the Town of Wellfleet, hereby authorize the Town Administrator, Open Space/Land Bank Committee and the Conservation Commission to prepare and submit applications to the Commonwealth of Massachusetts Division of Conservation Services reimbursement programs, including the Self Help and Land and Water Conservation Fund programs, for the FY’05 grant round for the Rinzler and Ernst properties.
And further, the Selectmen hereby authorize the Town Administrator to sign any contracts and provide any legal assurances and understandings to the Commonwealth regarding said applications and awards, on behalf of the Town of Wellfleet, and that his signature shall bind the Town regarding the intent of said documents; and further that the Selectmen support the appointment of the Assistant Town Administrator as project manager.”

Houk and Wilson each stated their view that the Board of Selectmen should be the signatory for these contracts.  On a motion by Wilson, seconded by Houk, the Board voted 3-2, with May and Donovan voting against, to amend the motion by keeping the first paragraph and deleting the second paragraph up to “said documents;” and keeping the last phrase (“and further …).  The Board voted unanimously in favor of the motion as amended.
e)  Set FY’06 Mileage Rate – the Town Administrator noted that the IRS has not as yet set its rate and suggested that this matter be postponed until October.
f)  Initial Discussion:  Charter Change Suggestions – Wood distributed his suggestions and noted that he will submit them to the Charter Review Committee.  Donovan suggested that the Committee look into creating a mechanism to enforce the Charter.
g)  Special Town Meeting Warrant:
·       Article 1 (transfers) – on a motion by Donovan, seconded by May, the Board voted unanimously to recommend this article.
·       Article 2 (accept M.G.L. c. 32 §4[2][b] call firefighter retirement buy back) – Wilson recused herself from this discussion.  Fire Chief Hight explained the article.  On a motion by Wood, seconded by Donovan, the Board voted unanimously 4-0 to recommend this article.
·       Article 3 (Police/Fire Station reconstruction funds) – the Town Administrator updated the Board on the status of the project noting a bottom line of approximately $7 million for the project with architectural fees estimated at $500,000.  He noted that the architects are scheduled to meet with the Board at the October 12th meeting, will make a presentation to Special Town Meeting and will be meeting with the Building and   Needs  Assessment  Committee  on  October   7th.   Discussion   included   going
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forward with renovation of the current Police/Fire facility vs. construction of two separate facilities.  On a motion by Donovan, seconded by Houk, to remove Article 3 from the Special Town Meeting warrant and to explore land acquisition for separate facilities and failing to find adequate land that can be purchased and acted upon by Annual Town Meeting, to reintroduce this article at that time, the Board voted 0-5, with Wood, May, Donovan, Wilson and Houk voting against.  On a motion by Wood, seconded by Wilson, the Board voted unanimously to reserve recommendation to Town Meeting
·       Article 4 (Lt. Island Bridge repairs) – on a motion by Donovan, seconded by Wilson, the Board voted unanimously to recommend this article.  There was consensus to remove the word “rehabilitation” from the article explanation.
·       Article 5 (Land Bank purchase of the Rinzler property) - Wilson left the room.  On a motion by Donovan, seconded by May, the Board voted unanimously 4-0 to place and recommend this article.  Wilson returned to the Board.
·       Article 6 (Community Preservation Act) – the Town Administrator announced the CPA Coalition informational meetings scheduled for October 4th at the Library for 3 and 7 p.m.  On a motion by Donovan, seconded by Wood, the Board voted 4-1, with Wilson voting against, to reserve recommendation to Town Meeting.
·       Articles 7 & 8 (Zoning Bylaw amendments re:  Wellhead Protection Districts) – the Town Administrator noted that both the Planning Board and Board of Health have asked that these articles be postponed to Annual Town Meeting.  On a motion by Wood, seconded by Houk, the Board voted 4-1, with Wilson voting against, to strike Articles 7 and 8 from the Special Town Meeting Warrant.
·       Article 9 (transfer Lot 161, Map 36 to Board of Selectmen) – on a motion by Donovan, seconded by May, the Board voted unanimously to recommend this article.  On a motion by Wilson, seconded by Donovan, the Board voted unanimously to strike the last sentence of the article explanation.
·       Article 10 (water system survey funds) – on a motion by Donovan, seconded by Wood, to reserve recommendation to Town Meeting, the Board voted 2-3, with Houk, Wilson and May voting against.  On a motion by Donovan, seconded by Wood, to recommend this article, the Board voted 2-3 with Houk, Wilson and May voting against.  On a motion by Houk, seconded by Wilson, to withdraw this article the Board voted 4-1, with Wood voting against.
·       Article 11 (standard last article) – on a motion by Wood, seconded by Donovan, the Board voted unanimously to recommend this article.
h)  Committee/Board Appointment Policy – Wilson suggested that this matter be addressed as a Charter amendment and forwarded to the Charter Review Committee.  Wilson moved to remove the word “sabbatical” from the proposed new paragraph and it was agreed that it be removed.  On a motion by Donovan, seconded by May, the Board voted 4-1, with Wilson voting against, to add this language to the Committee/Board Appointment Policy.  Wilson moved and Houk seconded a motion to send the policy amendment to Town Counsel to ask if it is appropriate to have this language as a policy as opposed to a Charter change.  On the motion the Board voted 1-4 with Wood, May, Donovan and Houk voting against.
i)  Discussion:  Liquor License Rules and Regulations – postponed to next meeting.
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Donovan presented the correspondence report and announced that Board members have been invited to attend a meeting on the revised School Building Assistance Program on Thursday, September 16th at the Wixon Middle School Auditorium.

The Town Administrator requested that the Board approve a contract with Environmental Partners Group for design and pump installation for the Coles Neck system in the amount of $24,500.  On a motion by Donovan, seconded by May, the Board voted 3-2, with Wilson and Houk voting against, to approve this contract with Environmental Partners Group.

Comments/Reports:
·       Wilson 1) noted that the fireworks were wonderful and well worth waiting for; 2) suggested that the teleconference with Town Counsel regarding warrant articles be made available to all Board members and 3) noted that the air system at the Senior Center is noisy and unadjustable - the Town Administrator was asked to address the heating/cooling system issues at the Senior Center.

Open Session – Marc Angelillo of the Eastern Surfing Association thanked the Board for the opportunity to have events at Wellfleet beaches and indicated that he will be requesting permission to use Town beaches for an upcoming spring surfing event.

Donovan moved and Wilson seconded a motion to approve the minutes of August 24, 2004.  Wilson moved an amendment to the minutes which was seconded by Wood and unanimously approved by the Board.  The Board voted unanimously to approve the minutes as amended.

On a motion by Donovan, seconded by May, the Board voted unanimously to adjourn at 10:11 p.m.

                                                        Respectfully submitted,



                                                        Linda Smulligan
                                                        Administrative Assistant


                                                                                                        
Ira Wood, Chair              Michael May                                       Dale Donovan

                                                                        
Helen Miranda Wilson                 Jerry Houk