Board of Selectmen
November 9, 2004
Library Meeting Room
Minutes
The meeting was called to order at 7:03 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 met with auditor Richard Sullivan of Powers and Sullivan. Mr. Sullivan reviewed the Financial Statements noting that this is the second year where expenditure growth outpaced revenue growth, a trend he sees continuing. He reviewed the Management Letter; ambulance billings and computer backup procedures were discussed.
The Board held a public hearing to consider the request of Joseph Lema & Son, Inc. to extend its seasonal all alcohol, package store license from November 30, 2004 to January 1, 2005. Discussion included the recent lease of Lema’s Market to Wellfleet Marketplace, Inc. On a motion by Donovan, seconded by May, the Board voted unanimously to continue this hearing to November 23rd at 7:00 p.m.
Announcements:
· Donovan announced that the revised Wellfleet Municipal Water System Rules and Regulations are available on the Town’s website and that a public hearing is scheduled for Monday, November 15th.
The Board discussed:
a) Recommendation for Appointment of Full-Time Police Officer - Lt. Fisette presented Paul Clark as the designee for appointment as a full-time police officer to fill the vacancy in the department caused by the resignation of Michael Mazzone. On a motion by Donovan, seconded by Wilson, the Board voted unanimously to appoint Paul Clark as a full-time police officer.
b) Request to Use Town Property for Emergency Water Sources on Lt. Island – Lt. Tom Ferreira was in attendance and requested the use of two parcels (parcel numbers 40-33-0-E and 40-86-0-E) of Town-owned property on Lt. Island to install underground water storage tanks for fire emergency water supply. He indicated that the Lt. Island Association will defray costs, that all indigenous plants will be restored and that the tanks will become Town property and maintained by the Town. On a motion by Donovan, seconded by Wilson, the Board voted unanimously to approve this request to use Town-owned property for emergency water supply.
c) Request for Disposition of Town-owned Land Process – Jan Plaue of the Open Space/Land Bank Committee was in attendance and presented the request that Lot 401 on Map 29 be designated as conservation land to be managed by the Conservation Commission. She explained that a neighbor has been using the driveway on this property as an alternative access to their property, noting that the neighbor may have prescriptive rights. She hopes that if this property is designated as conservation land, the neighbor will use their other access and suggested constructing drive-offs on the driveway for users of the conservation area. On a motion by Donovan, seconded by Wilson, the Board voted unanimously to approve starting the disposition of Town-owned land process on this parcel.
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d) Request for Boring Under a Public Road (Wilson Avenue) – applicant Marcia Sexton was in attendance and explained her request to bore under Wilson Avenue for the installation of an electrical line to provide service to one of her cottages. On a motion by Houk, seconded by Wilson, the Board voted unanimously to approve this request as submitted.
e) Request to Close Business (Finely J.P.’s) – on a motion by Houk, seconded by Wilson, the Board voted unanimously to approve the request of John Pontius to close Finely J.P.’s from Sunday, December 5, 2004 to Thursday, January 13, 2004, reopening Friday, January 14, 2005, for cleaning and general maintenance.
f) Alternative Energy Committee – the Town Administrator noted that the first task of the Committee will be to look at siting of the test tower. Discussion included the committee charges and memberships from the Towns of Brewster and Orleans. On a motion by Wood, seconded by Donovan, the Board voted unanimously to accept the “Primary Charge” as drafted by the Town of Brewster with changes as discussed and to include membership as follows: 1 from the Board of Selectmen; 1 from the Finance Committee; 3 citizens at large with staff support from the DPW and the Town Administrator as an ex-officio member.
g) Communication Goals – the Town Administrator noted Selectman May’s goal to improve communications and offered information from a consultant who conducts seminars on communication; fee for a one day retreat - $1,700-$1,800 plus a $75 per person charge for a personal communication assessment. There was consensus to revisit this matter at a future meeting.
h) Business Licenses – on a motion by Donovan, seconded by May, the Board voted unanimously to approve the business licenses as listed on the agenda with the exception of Moby’s Cargo. (Abiyoyo; Andre Pottery; Beachcomber Store; Blue Heron Gallery; Briar Lane Body & Paint; Brophy’s Fine Art; Cottontail Gallery; Glenn’s Gallery; Golden Cod Gallery; Langlois Studio Gallery; Nicholas Harrison Gallery; Old Wharf Dory Co.; Oliver’s Tennis; The Secret Garden; Two Dollar Tees). On a motion by Donovan, seconded by May, the Board voted unanimously 4-0, with Wilson recusing herself, to approve the business license of Moby’s Cargo.
i) Renewal of Annual Liquor Licenses – on a motion by Donovan, seconded by Wilson, the Board voted unanimously to approve the annual liquor licenses of Black Fish Creek, Inc. and Farrell’s Market.
j) Reorganization Discussion – on a motion by Donovan, seconded by May, the Board voted unanimously to ask Tom Groux to make a presentation of his draft report to the Charter Review Committee.
k) Proposed Changes to Liquor License Regulations – Houk’s proposed changes were discussed, with Houk noting that regulations should be enforced or eliminated. There was consensus that Houk’s changes be clearly written out for further Board review.
l) Town Administrator Evaluation – Wood outlined the evaluation standards and noted that although the evaluation summary document could be kept confidential, the Town Administrator has agreed to making it available to the public. Wood reviewed the evaluation summary and Board members suggested areas for improvement. On a motion by Donovan, seconded by May, the Board voted 4-1, with Wilson voting against, to approve and sign the new contract with the Town Administrator as amended.
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Donovan presented the correspondence report. He noted that a draft response to letters regarding Lt. Island Bridge will be left in the Board’s office for review. Wood thanked Irene Paine for submitting interesting information relative to the ownership of the Lt. Island Bridge.
Open Session:
· Arlene Kirsch addressed the Board re:
o The Cape Cod Commission vote to grant the Wellfleet Harbor Actors Theater a hardship exemption from a full DRI review as a Project of Community Benefit and thanked the Commission and representative Alan Platt.
o W.H.A.T.’s participation in the Cape-wide effort by the Cape & Islands Regional Competitiveness Council called Arts & Culture/The Creative Economy.
o W.H.A.T.’s designation as the Best Theater in the 2004 Best of Boston awards by Boston magazine.
Larry Greeley announced that the tape of the Oyster Festival will be played at 8:00 p.m. on Friday, Saturday and Sunday (11/12 – 11/14).
On a motion by Wilson, seconded by Donovan, the Board voted 4-0-1, with Houk abstaining, he had not attended the meeting, to approve the minutes of 10/25/04 as printed.
On a motion by Wilson, seconded by Wood, the Board voted unanimously to approve the minutes of 10/26/04 as printed.
Future meetings – Special Town Meeting evaluation, snow plowing.
On a motion duly made and seconded, the Board voted unanimously at 9:17 p.m. on a roll call vote (Donovan, May, Wilson, Houk, Wood – yea) to enter executive session to discuss litigation 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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