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BOS Minutes - 9/27/05
Board of Selectmen
Senior Center
September 27, 2005
Minutes

The meeting was called to order at 6:30 p.m. by Chairman Dale Donovan.  Selectmen present included Michael May, Ira Wood and Helen Miranda Wilson.  Selectman Jerry Houk arrived at 7:00 p.m.  Town Administrator Tim Smith also attended.

The Board met with auditor Dick Sullivan of Powers and Sullivan.  Mr. Sullivan presented an overview of the financial statements and noted that in comparison to other towns, the Town of Wellfleet is “holding its own”.  Mr. Sullivan reviewed the Management Letter noting that three items from the past year are resolved, two are being resolved and two are outstanding.

The meeting was recessed at 6:52 p.m.

Chairman Donovan called the meeting back to order at 7:00 p.m.  Selectman Houk joined the Board.

Announcements:
·       Wilson announced that after this meeting, the Board’s meetings will be held at the Library for the rest of the winter.

The Board discussed:
a)  Alternative Energy Committee – May, speaking as Chairman of the Alternative Energy Committee, recommended that a letter be sent to MTC (Massachusetts Technology Collaborative) requesting assistance siting a “met” tower to measure wind speed at White Crest Beach back parking lot, Wellfleet Elementary School, the landfill, Boy Scout camp or Marconi.  Wood moved and Wilson seconded a motion to follow the recommendation of Mr. May and write a letter to MTC requesting help in siting a temporary “met” tower.  Discussion included funding more than one site.  The Board voted unanimously in favor of the motion.  Further discussion included the parameters for an acceptable site, White Crest Beach as the best and most likely to succeed site and concern with opposition from neighbors at the Elementary School site.  There was consensus for the Committee to continue with its work.
b)  Appointment to MPO (Cape Cod Metropolitan Planning Organization) – Donovan noted that Selectman John Hinckley of Orleans has indicated an interest in serving as representative of Sub-region C.  On a motion by Houk, seconded by Donovan, the Board voted 4-0-1, with Wilson abstaining, to support John Hinckley as Sub-region C’s representative to the MPO.
c)  Set FY’07 Mileage Rate – the Town Administrator recommended postponing this decision until January when further information from the IRS should be available.

Correspondence:
·       Application for Council on Aging Board from Dian K. Reynolds – it was noted that currently there are no openings.
·       Memo from Police Chief Rosenthal re:  time limited parking violation policy – it was suggested that Chief Rosenthal meet with the Board to discuss this suggestion.
Page 2 – Board of Selectmen Minutes – 9/27/05

·       Letters to appointees to the Technical and Stakeholder Committees for the Herring River Restoration Project – Wilson noted that the first meetings for these committees are scheduled for October 12 at 2:30 p.m. at the Council on Aging.
·       Cape Light Compact’s request for Board of Selectmen adoption of proclamation – on a motion by Wood, seconded by May, the Board voted 4-0-1, with Donovan abstaining, to declare October 5, 2005 as Change a Light, Change the World Day.
·       Letter from Bob Mahoney re:  speech in opposition to House Bill 3291 requiring election of Cape Light Compact members – on a motion by Wilson, seconded by Houk, the Board voted unanimously that a letter be sent in opposition to House Bill 3291.
·       Houk asked if the Town Administrator received a written legal opinion relative to the legality of plowing private roads – the Town Administrator updated the Board.

The Board continued discussion:
d)  Review STM Articles – the Town Administrator reviewed the articles.
·       Article (transfers) – on a motion by Wood, seconded by Wilson, the Board voted unanimously to place this article on the STM warrant.
·       Article (Cape Cod Five easement) – on a motion by Wood, seconded by Wilson, the Board voted unanimously to place this article on the STM warrant.
·       Article (funds for design of new Fire Station) – on a motion by Wood, seconded by Wilson, the Board voted 4-1, with Houk voting against, to place this article on the STM warrant.  Discussion included architect selection.
·       Article (funds to purchase Gutsy Bender property) – on a motion by Wood, seconded by May, the Board voted unanimously to place this article on the STM warrant in the amount of $625,000.
·       Article (design new Transfer Station) – on a motion by Wilson, seconded by Houk, the Board voted 3-2, with Donovan and Wood voting against, not to place this article at this time.
·       Article (contributions to Nauset Regional School District per the Regional Agreement) – on a motion by Wood, seconded by May, the Board voted unanimously 4-0 (Houk temporarily left the room) to place this article on the STM warrant.
·       Article (accept M.G.L. c. 48 §42 – strong Fire Chief) – on a motion by Houk, seconded by May, the Board voted unanimously not to place this article on the STM warrant.  Discussion included the need for this matter to be addressed as a Charter change by the Charter Review Committee.
·       Article (funds for demolition of rectory) – Wood moved and Wilson seconded a motion to place this article on the STM warrant.  Anne White, Chair of the 335 Main Street Committee, recommended going forward with this project.  The Board voted unanimously in favor of the motion.

Donovan asked that Board members submit suggestions for additional information (i.e. definitions) to be included in the warrant.

·       Article (standard last article) – on a motion by Wood, seconded by May, the Board voted unanimously to place this article on the STM warrant.
Page 3 – Board of Selectmen Minutes – 9/27/05

·       Questions (Proposition 2 ½ questions for design of a new Fire Station, purchase of the “Gutsy Bender” property, demolition of the church rectory) – on a motion by Wood, seconded by Wilson, the Board voted unanimously to place these three questions on the STM warrant.
·       Set date for special election (November 29) – there was consensus to request that the Town Clerk submit an alternative date due to concern that the special town meeting could continue for a second evening.
e)  Fire Chief Recruitment – Donovan noted that the Town Administrator has recommended that the initial screening of candidates be performed by the Town Administrator and Assistant Town Administrator with all resumes reviewed by Board members.  The Board discussed the draft profile statement.  On a motion by Wilson, seconded by Wood, to add “or EMT” on page 4 first paragraph under “Professional” after “Paramedic”, the Board voted 2-3, with Houk, May and Donovan voting against.  A motion by Wilson to add on page 4 at the end of the first paragraph after “professional level” “and who can promote a climate free of harassment of any sort.” was not seconded.  A motion by Wilson to add on page 1 under “Background of the Town of Wellfleet, MA”, second paragraph, the word “road” after “100” was not seconded.  May moved and Wood seconded a motion to accept the profile as written.  Houk suggested that the required time period for residency be increased to two years which was accepted by the mover and the seconder of the motion.  The Board voted 4-1, with Wilson voting against, to accept the profile with one change.

Open Session:
·       Invitations to Oysterfest – on a motion by Houk, seconded by Wilson, the Board voted unanimously to send letters of invitation to the Outer Cape Boards of Selectmen and to Senators Kennedy, Kerry and O’Leary and Representatives Delahunt and Gomes.
·       Donovan suggested that the Town Administrator begin a broad discussion with the Park Service on the use of Town-owned property within the Seashore.
·       Houk noted the new law relative to eminent domain and asked that Board members consider it relative to the Catholic Church property on Route 6 for an Outer Cape Health facility.
·       Houk reviewed the discussions of the Charter Review Committee including establishing the Board of Water Commissioners as an independent board, status of the Town Clerk/Treasurer and Collector positions, appointment of the Harbormaster and Assistant Town Administrator positions, establishing a Finance Director position, bid opening procedures and appointment of an Acting Town Administrator as Town Administrator.
·       Wilson commented on policy review and her proposed policy for providing laws and regulations to members of public agencies and the letter from the Coastal and Pond Access Committee regarding a policy on access to ways to water.
·       Donovan suggested a general meeting on how to manage access and protection of resources with the Coastal and Pond Access Committee, Audubon and National Seashore.
·       Fire Chief profile – on a motion by Wilson, seconded by May, the Board voted unanimously to ask the Town Administrator to forward a copy of the Fire Chief profile to the Personnel Board if they have a quorum.


Page 4 – Board of Selectmen Minutes – 9/27/05

On a motion by Wood, seconded by May, the Board voted 4-0-1, with Wilson abstaining, to approve the minutes of September 13, 2005 as written.

Houk requested that the Town Administrator schedule a litigation update for the Board.

On a motion duly made and seconded, the Board voted unanimously at 9:25 p.m. on a roll call vote (Houk, May, Wilson, Wood, Donovan – yea) to enter executive session to discuss collective bargaining and litigation and not to reconvene in open session.

                                                        Respectfully submitted,



                                                        Linda Smulligan
                                                        Administrative Assistant


                                                                                                        
Dale Donovan, Chair                   Michael May                                       Ira Wood

                                                                        
Helen Miranda Wilson                 Jerry Houk