Board of Selectmen
Library
October 12, 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.
Public Hearing - Selectman Donovan read the Public Notice “to consider suspension of David Ziemba’s commercial shellfish permit for violation of Section 9.1.1. of the Town of Wellfleet Shellfishing Policy and Regulations”. Mr. Ziemba was present and was represented by Attorney Henry Curtis. Selectman May disclosed that he holds a Town commercial shellfish permit and that he is employed at the Wellfleet Harbormaster Department.
Shellfish Constable Andy Koch reviewed the incident of 7/30/04, and asked Assistant Shellfish Constable Jim McGrath to describe previous incidents involving Mr. Ziemba.
Attorney Curtis questioned the relevance of prior incidents and asked that comments be restricted only to the 7/30/04 violation. Donovan read from Enforcement 14.1.3.2. of Shellfishing Policy and Regulations. The Board agreed to hear prior actions.
Mr. Curtis and Mr. Ziemba directed questions to Shellfish Constable Koch. Mr. Ziemba offered that buoy placement and grant markings aren’t always accurate.
A video of Mr. Ziemba’s fishing boat, taken by Brent Valli on 8/1/04, was viewed. Comments were provided by both Mr.Curtis and Mr. Ziemba.
Public comment was allowed. Richard Davis described an incident with Mr. Ziemba. Attorney Curtis read a letter of thanks for Mr. Ziemba’s help with a water rescue in July 2004.
On a motion by Donovan, seconded by Houk, the Board voted unanimously 5-0 to support the recommendation of the Shellfish Constable to suspend Mr. Ziemba’s commercial shellfish permit and that the period of 14 days begin on October 18, 2004.
Move Agenda Item - The Board of Selectmen and members of the Zoning Board of Appeals agreed to move the Public Hearing agenda item after the Fire/Police facility presentation.
Police/Fire Construction Project –John Keenan and Antonia Kenny, Keenan and Kenny Architects, Ltd., presented designs for a combined facility in the present location; a handout was provided. Design, site considerations and costs were discussed; members of both departments were interviewed during the design process. Estimated project cost is $8 million ($250.00/sq.ft); Town Administrator Smith has cost breakdown. Chairman Wood invited the Board of Selectmen and citizens to comment; topics included materials, costs, roof design, abutters concerns, septic treatment system, siting of well, medical treatment room, cell construction, maintenance, landscaping, build out requirements, life of building. Discussion also included the possibility of two separate facilities; the architects explained that money spent to
date $55,000 may be applied to either plan.
On a motion by Donovan, seconded by Wilson, the Board voted unanimously 5-0 to take a motion to [Special] Town Meeting [Oct. 18, 2004] to postpone Article 3 indefinitely.
Public Hearing
Zoning Board of Appeals Application Fees – ZBA Chair Steve Rose explained the reasons for increasing certain fees. On a motion by Donovan, seconded by May, the Board voted unanimously 5-0 to accept the Fee Schedule as presented.
Announcements
May read a letter from Lisa Brown describing plans for the weekend Oysterfest and providing thanks to staff at DPW, Recreation Dept., Senior Center, Board of Health, Police, Fire, and Building Departments for their assistance and support.
Donovan announced that the Historical Society will host a book party on Thurs., Oct. 14, at the Wellfleet Library at 7:30 p.m. for an updated version of Wellfleet: A Pictorial History by Judy Stetson.
Arlene Kirsch announced an open house for WHAT to review plans and answer questions about the new theater: Wed., Oct 13, 6:00 – 8:30 p.m. at the Wellfleet Library.
Stephen Polowczyk suggested that Oysterfest vendor fees be waived for local oystermen. Chairman Wood referred Mr. Polowczyk to the SPAT committee.
New Business
State Election Warrant – On a motion by Houk, seconded by Donovan, the Board voted unanimously 5-0 to accept and sign the State Election Warrant as presented.
FY’06 Budget Policy – On a motion by Donovan, seconded by Wilson, the Board voted unanimously 5-0 to accept FY’06 budget recommendations by Town Administrator Smith and to pass them onto appropriate Department Heads.
Tax Collector’s Bond – On a motion by Donovan, seconded by May, the Board voted unanimously 5-0 to set the Deputy Tax Collector’s bond for calendar 2005 at $6,500, as presented.
Old Business
Memorandum of Understanding Herring River Saltmarsh Restoration Project – Handout: 10/12/04 letter from Michael Murray, National Park Service; Donovan read excerpt from letter. Wood explained that this agenda item is to serve as a reminder only and that this topic will be scheduled for full discussion at a future BOS meeting. The Board received correspondence from NPS, NRAB, and citizens. Conservation Commission will be asked to review MOU. NPS representative agreed to send meeting updates pertaining to this topic to Wellfleet Board of Selectmen.
Liquor License Rules and Regulations
After brief discussion, it was agreed that each Board member will review the Liquor License Rules and Regulations dated July 27, 2004 and submit suggestions to Chairman Wood. A Public Hearing is required to amend the content; this topic will be set for a future agenda. Bob Costa suggested that State Law be reviewed regarding liquor/food references and to determine if a Public Hearing is necessary.
Correspondence
Donovan provided a written Correspondence Report. An application for the Historical Commission will be set for a future meeting agenda; Wilson asked that all pending board applicants be included for review.
Open Session
Barbara Austin spoke about the wood clearing at the Landfill area. She contacted Town Administrator Smith earlier Tuesday for an explanation why townspeople could not cut and take trees/firewood from the site. Discussion of contracts, Health Regulations, land use, community assistance, DEP followed. Donovan mentioned that information about fuel assistance programs is available at the COA. Houk suggested that future contracts/projects be read with regard to other benefits to the community. Wilson cited Wellfleet General Bylaws regarding disposal of Town property valued over $500.00.
Town Administrator Comments
SPAT/Oysterfest will begin setting up behind Town Hall on Thursday, Oct. 14.
Selectmen’s Comments/Reports
Town Administrator evaluation – Chairman Wood received Board member’s evaluations which will be discussed with the Town Administrator.
Minutes of Previous Meeting – 9/28/04
A motion by Wilson to amend the minutes was not seconded. On a motion by Donovan, seconded by May, the Board voted 3-1-1, with Houk abstaining because he did not attend said meeting, and Wilson voting against, to approve the minutes of the 9/28/04 meeting.
Future Meeting/Agenda Items
Future topics include: Herring River NPS MOU; Historical Commission appointment; Liquor License Rules and Regulations Public Hearing; TA evaluation
On a motion by Wilson, seconded by Donovan, the Board voted unanimously 5-0 to adjourn at 9:45 p.m.
Respectfully submitted,
Jeanne May, Administrative Clerk
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Ira Wood, Chair Michael May Dale Donovan
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Helen Miranda Wilson Jerry Houk
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