Board of Selectmen
Senior Center
August 4, 2005
Minutes
The meeting was called to order at 6:00 p.m. by Chairman Dale Donovan. Selectmen present included Michael May, Ira Wood, Helen Miranda Wilson and Jerry Houk. Town Administrator Tim Smith also attended.
Donovan noted that the goal of tonight’s meeting is to agree on specific language for the Herring River Restoration MOU for review by the National Park Service and Town Counsel. He announced that Mark Forest of Congressman Delahunt’s Office is in attendance.
The Board reviewed the draft Memorandum of Understanding between the National Park Service and the Town of Wellfleet, proposed Herring River Saltmarsh Restoration as follows:
Paragraph 1 – on a motion by Wilson, seconded by Wood, the Board voted unanimously to amend paragraph 1 as suggested in the draft submitted by Wilson.
Paragraph 2 – there was consensus to accept this paragraph as drafted in the MOU.
Paragraph 3 – Wilson moved and Donovan seconded a motion to amend paragraph 3 by adding the words “as well as having jurisdiction over much of the area downstream from the structure;” at the end of paragraph 3 after “System”. Houk noted that the Town does not need permission from the National Park Service to open the dike. The Board voted unanimously in favor of the motion.
Paragraph 4 – there was consensus to accept this paragraph as drafted in the MOU.
Paragraph 5 – on a motion by Wilson, seconded by May, the Board voted unanimously to amend paragraph 5 to read “Whereas, the Park Service is also interested in restoring the estuarine functions of the Herring River System so as to improve the impaired water quality, enhance fisheries and encourage the re-establishment of native habitats, …” On a motion by Wilson, seconded by Wood, to amend paragraph 5 to continue to read “… the Park Service and the Town, as the two public entities whose laws and regulations apply to the current and future management of the affected area, …” the Board voted 0-5. On a motion by Wilson, seconded by Donovan, to add after “develop a conceptual plan” the words “… with full consideration for the needs of
stakeholders, …” the Board voted 2-3, with Donovan, Wood and Houk voting against.
Paragraph 6 – there was consensus to accept this paragraph as drafted in the MOU.
Section 1. – A motion by Wilson to add “… of up to seven …” after “technical committee” and to change “30 days” to “60 days” and to add a last sentence of “All applicants will receive prior screening and approval by the CCNS.” was not seconded. On a motion by Donovan, seconded by Wood, the Board voted 4-1, with Wilson voting against, to accept the language in Section 1 as written in the draft MOU.
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Section 2. Donovan moved and May seconded a motion to accept the language in Section 2 as written in the draft MOU. Nancy Deppen reminded the Board that the Chequessett Country Club has requested to be included in both the technical committee and stakeholders group. On the motion the Board voted 4-1, with Wilson voting against.
Section 3. On a motion by Donovan, seconded by Wood, the Board voted 4-1, with Wilson voting against, to accept Section 3 as written in the draft MOU.
Section 4. A motion by Wilson to create a new Section 3 per the Section 3 language proposed by Wilson was not seconded. A motion by Wilson to amend Section 4 was not seconded. On a motion by Donovan, seconded by May, the Board voted 4-1, with Wilson voting against, to approve Section 4 as written in the draft MOU.
Section 5. On a motion by Donovan, seconded by May, to accept Section 5 as written in the draft MOU, the Board voted 4-1, with Wilson voting against.
Section 6. On a motion by Donovan seconded by May to create section 6a. “It is understood that a positive vote by the Board of Selectmen to implement any restoration plan shall be contingent upon the successful resolution of issues regarding the use and/or access to town owned properties within the National Seashore Park Boundaries.” and 6b. “In order to assure 6a., above, the town and the Seashore shall work concurrently with the MOU process to develop an acceptable resolution. This shall be the responsibility of designated town officials and officials designated by the National Seashore Park.” the Board voted 1-4, with May, Wood, Wilson and Houk voting against. On a motion by Donovan, seconded by Wood, the Board voted unanimously to accept Section 6 as drafted in the
MOU.
Section 7. Wood moved and May seconded a motion to approve Section 7 as drafted in the MOU. A motion by Wilson to amend Section 7 by adding in the first sentence “or the Park Service” after “Town” and “give timely notification of such differences and” after “parties agree” was not seconded. On a motion by Houk, seconded by Wood, the Board voted 4-1, with Wilson voting against, to amend Section 7 by striking “or the Park Service” at the end of the Section and adding a period after “Town”.
Section 8. A motion by Wilson to amend Section 8 to read “An application will then be submitted by both parties to the Wellfleet Conservation Commission for consideration.” was not seconded. Wood moved and May seconded a motion to approve Section 8 as drafted in the MOU. Dan Rosenberg presented his language suggestions. The Board voted 4-1, with Wilson voting against, in favor of the motion.
Section 9. On a motion by Wood, seconded by May, the Board voted unanimously to approve Section 9 as drafted in the MOU.
Section 10. On a motion by Wood, seconded by May, the Board voted 4-1, with Wilson voting against, to approve Section 10 as drafted in the MOU.
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On a motion by Wood, seconded by May, the Board voted unanimously to approve the MOU as revised and amended in this meeting.
On a motion by Wood, seconded by May, the Board voted unanimously to adjourn at 7:27 p.m.
Respectfully submitted,
Linda Smulligan
Administrative Assistant
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