Board of Selectmen
February 1, 2005
Library Meeting Room
Minutes
The meeting was called to order at 7:00 p.m. by Chairman Ira Wood. Selectmen present included Michael May, Dale Donovan and Helen Miranda Wilson. Selectman Jerry Houk arrived at 7:05 p.m. Town Administrator Tim Smith also attended.
The Board held the following Shellfish Department public hearings. Donovan read the public notice. Shellfish Constable Andy Koch presented his recommendations as follows:
· Application from David M. Ziemba for transfer of Shellfish Grant Licenses #95-29 and #95-30 located at Egg Island, from David M. Ziemba to David M. Ziemba, David E. Ziemba, Michael T. Ziemba and Jared D. Ziemba – the Shellfish Constable noted that all applicants meet the minimum requirements and recommended that the application be approved contingent upon payment of an outstanding annual grant license fee of $25. May disclosed that he holds a commercial shellfish permit and indicated that he will abstain from this matter per advice of Counsel due to pending legal issues between the applicant and the Town. Selectman Houk arrived and was updated on the
discussion of this application. On a motion by Donovan, seconded by Wilson, the Board voted 4-0-1, with May abstaining, to continue this hearing to February 22, 2005 at 7:00 p.m.
· Application from Philip R. Morton and Bruce Cole Morton for transfer of Shellfish Grant Licenses #95-7 and #95-8 located at Egg Island from Philip R. Morton and Bruce Cole Morton to Philip R. Morton, Bruce Cole Morton and Daniel Stewart Morton – the Shellfish Constable recommended approval of the application noting that the applicants meet all requirements. On a motion by May, seconded by Donovan, the Board voted unanimously to approve this application.
Announcements:
· Donovan noted receipt of positive comments regarding snow removal efforts during the recent snowfall. Wood and Houk noted receipt of similar comments.
· May thanked all Town employees for a job well done during the recent snowstorm.
· Wilson noted receipt of two complaints regarding private roads being plowed before some Town roads.
Mike Giggy and Paul Weisman of Wright-Pierce, consultants to Barnstable County, presented an overview of the Enhancing Wastewater Management on Cape Cod: Planning, Administrative and Legal Tools report. The presentation included wastewater management goals, definitions, wastewater management hurdles, wastewater management tools, coordination among Town boards, multi-town implementation, build out projections and reserve capacity (linking the Wastewater Management Plan with the Town’s Local Comprehensive Plan), checkerboard systems, betterments, use of open space for wastewater facilities, County oversight of enhanced treatment systems, wastewater management districts, management of wastewater treatment residuals and recommendations for the Towns, County and DEP. Case studies from other towns were
reviewed.
The Board discussed:
a) Application for Herring Warden – Wood noted receipt of a letter of interest in the position from a second candidate, Ethan Estey. The Board interviewed Carl Breivogel for the position of Herring Warden. There was consensus to interview Mr. Estey at a future date.
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b) Business Licenses – on a motion by Donovan, seconded by May, the Board voted unanimously to approve the business licenses of Wellfleet Village Mobil and Marconi Beach Restaurant.
c) Alternative Energy Committee – discussion included expansion of the committee to seven members and appointment of alternate committee members. On a motion duly made and seconded, the Board voted unanimously to expand the Committee to five at-large members. A motion by Wilson to appoint Paul Weber to the Alternative Energy Committee was not seconded. On a motion by Wood, seconded by Wilson, the Board voted unanimously to appoint James Sexton, Paul Banner, Paul Weber, Wes Chapman and Drew Brown to the Alternative Energy Committee. On a motion by May, seconded by Houk, the Board voted 4-1, with Wilson voting against, to add two alternate member positions to the membership of the Alternative Energy Committee. On a motion by May, seconded by Donovan, the Board voted unanimously to
appoint Fred Magee and Kathryn Hubby as alternate members of the Alternative Energy Committee.
d) STM/ATM Matters:
· Planning Board Articles (amend Zoning By-law, Section IX, Overlay Districts, Section 9.1.2, Districts Established; amend Zoning By-law, Section IX, Overlay Districts, Section 9.1.4, Wellhead Protection Districts, Use Regulations; amend Zoning By-law, Section V, Uses, Section 5.3.2, Commercial and Section 5.3.1, Residential; amend Zoning By-law, Section II, Definitions, add “Shed”; amend Zoning By-law, Section VI, General Regulations, Section 6.2, Accessory Building) – on a motion by Donovan, seconded by May, the Board voted unanimously to refer these articles back to the Planning Board for public hearing.
· Road Plowing – the Town Administrator indicated that the DPW Director will come back to the Board with a request for Town Meeting. Houk suggested that rescue personnel and doctors on call be plowed out first. Wilson noted that town meeting acceptance of M.G.L. Chapter 40, Section 6C is necessary in order to plow private roads. John Makely noted the Charter language regarding the DPW responsibilities for the plowing of roads.
· 335 Main Street – the Town Administrator noted receipt of appraisals for the 335 Main Street and “Gutsy Bender” properties noting the need to come to an agreement with Cape Cod 5 in order to proceed relative to these properties.
· Fire Station – the Town Administrator noted that this project is in the Capital Improvement Plan with a projected cost of $4.5 million.
· Shellfish Building – the Town Administrator recommended that the Board consider renovation of the beach sticker building to include accommodations for the Shellfish Department. May suggested consideration of the old Council on Aging facility for use by the Shellfish Department.
e) Private Use of Town Vehicles – the Town Administrator recommended that the Police Chief, Fire Chief and Assistant DPW Director be allowed private use of Town vehicles. Discussion included the Assistant DPW Director’s use of a Town vehicle for emergency purposes from his residence in Harwich. A motion by Donovan to allow the use of Town vehicles by the Police Chief, Fire Chief and Assistant DPW Director was not seconded. The Town Administrator will meet with the DPW Director and Assistant Director to determine the cost for emergency coverage by the DPW.
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Correspondence – Donovan presented the correspondence report with discussion as follows:
· Barnstable County HOME Consortium representative term has expired – on a motion by Donovan, seconded by Wilson, the Board voted unanimously to reappoint Ray Crowell if he is willing to serve.
· Lezli Rowell’s letter of resignation from the LCP Committee – it was requested that a letter of thanks be drafted.
· Arlene Kirsch’s letter with information and a request for lobbying on possible cuts in federal funding for rural development projects – Donovan read the letter of support drafted by Wilson. On a motion by Donovan, seconded by Wilson, the Board voted unanimously to send the letter.
Open Session – Jeanine Meehan addressed the Board regarding the 335 Main Street and “Gutsy Bender” properties and was updated by Chairman Wood.
Comments/Reports – Wilson reviewed her proposed Herring Warden job description. On a motion by Wood, seconded by Donovan, the Board voted unanimously to ask that Wilson forward the job description to the Assistant Town Administrator for review.
Donovan moved and May seconded a motion to approve the minutes of January 11, 2005 as drafted. A motion by Wilson to amend the minutes was not seconded. On the original motion the Board voted 3-1-1, with Wilson voting against and Houk abstaining (he had not attended the meeting).
Wood reviewed future agenda items.
On a motion duly made and seconded, the Board voted unanimously to adjourn at 10:02 p.m.
Respectfully submitted,
Linda Smulligan
Administrative Assistant
Ira Wood, Chair Michael May Dale Donovan
Helen Miranda Wilson Jerry Houk
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