Board of Selectmen
February 22, 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 7:12 p.m. Town Administrator Tim Smith also attended.
The Board held the following Shellfish Department public hearings consecutively. Donovan read the public notice. Assistant Shellfish Constable Jim McGrath presented the recommendations of the Shellfish Constable.
· Continuation of public hearing: application from David M. Ziemba for transfer of shellfish grant licenses #95-29 and #95-30 from David M. Ziemba to David M. Ziemba, David E. Ziemba, Michael T. Ziemba and Jared D. Ziemba – the Assistant Shellfish Constable reminded the Board of the previous positive recommendation from the Shellfish Constable. Wood noted receipt of an opinion from Town Counsel relative to this application. The Assistant Shellfish Constable noted that although the grant license fees have been paid by Mr. Ziemba, the annual grant report and two citations for violations related to commercial fishing are outstanding. May
disclosed that he holds a commercial shellfish permit. On a motion by Donovan, seconded by Wilson, the Board voted 3-0-1, with May abstaining, to approve this application pending receipt of all applicable paperwork.
· Application from Brent Valli and Sandra Mitchell for renewal of shellfish grant licenses #781A, #781AB and #781AC – the Assistant Shellfish Constable recommended approval. On a motion by Donovan, seconded by Wilson, the Board voted unanimously to approve this application pending receipt of all applicable paperwork.
· Application from Robert McClellan for renewal of shellfish grant licenses #85B and #85BA – the Assistant Shellfish Constable recommended approval. A motion by Wilson to grant this renewal was not seconded. On a motion by Donovan, seconded by May, the Board voted unanimously to approve this application pending receipt of all applicable paperwork.
Selectman Houk arrived at 7:12 p.m.
· Application from James Rose and Jesse Rose for renewal of shellfish grant licenses #732, #732A and #743 – the Assistant Shellfish Constable recommended renewal and that Jesse Rose be removed from these licenses because he no longer is a domiciled resident of Wellfleet. On a motion duly made and seconded, the Board voted 4-0-1, with Houk abstaining, to grant the application from James Rose pending receipt of all applicable paperwork.
· Application from Robert L. Paine for renewal of shellfish grant license #99-2 – the Assistant Shellfish Constable recommended approval. On a motion by Donovan, seconded by May, the Board voted unanimously to approve this application pending receipt of all applicable paperwork.
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Announcements:
· Donovan announced that free ice skating will be available to Wellfleet residents at the Moore Arena on February 26th from 4 to 6 p.m.
· Wilson announced that renewable energy workshops are scheduled at the Audubon on March 8, 27, 29 and April 5 from 2 to 4 p.m.
· Virginia Page announced a meeting with CZM and representatives from Congressman Delahunt’s office regarding the Herring River project on March 4th at 11 a.m.
The Board discussed:
a) STM/ATM Articles:
· Ballot questions – the Town Administrator reviewed potential annual election ballot questions and the Board took the following actions:
o Question for general override – on a motion by Donovan, seconded by Wilson the Board voted unanimously to place this question on the ballot.
o Question to fund design of new Fire Station and land acquisition – on a motion by Houk, seconded by Wilson, the Board voted unanimously to place this question on the ballot.
o Question to fund design and construction of an extension to the Library for storage space – on a motion by Houk, seconded by Donovan, the Board voted 4-1, with Wilson voting against, to place this question on the ballot. Discussion included the need for this project. On a motion duly made and seconded the Board voted 3-2, with Wood and Donovan voting against, to reconsider the previous vote. On a motion by Donovan, seconded by Wilson, the Board voted 4-1, with Wood voting against, not to place this question on the ballot.
o Question to fund a new six wheel dump truck with snow plow – on a motion by Houk, seconded by Donovan, the Board voted unanimously to place this question on the ballot.
o Question to fund a new refuse packer truck – on a motion by Houk, seconded by Wilson, the Board voted 4-1, with Donovan voting against, to strike this question from the list.
o Question to fund a new front end loader – on a motion by Houk, seconded by Wilson, the Board voted unanimously to place this question on the ballot.
o Question to fund design of the transfer station – on a motion by Houk, seconded by Wood, to place this question on the ballot the Board voted 2-3, with Wilson, May and Donovan voting against.
o Question to fund informational services provided by the Chamber of Commerce – there was consensus to postpone discussion of this question until after the Board meets with representatives of the Chamber.
o Question to fund capital facilities maintenance and equipment replacement for Nauset Regional Schools – on a motion by Donovan, seconded by Wilson, the Board voted unanimously to place this question on the ballot.
o Question to fund equipment and personnel for snow removal – there was consensus to postpone discussion of this question until after a presentation by the DPW Director.
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o Questions to fund additional hours and personnel at the Senior Center, Accounting Department and Library – on a motion by Donovan, seconded by May, the Board voted unanimously to eliminate these questions and to place the funds for these positions in the operating budget with an explanation in the warrant.
· Article Requests:
o Articles for Chapter 90 State road funds; disposal of excess property; acceptance of M.G.L. Chapter 40, section 6C for private road plowing – on a motion by Donovan, seconded by Wilson, the Board voted unanimously 4-0 (Houk temporarily left the room) to place these articles on the ATM warrant.
o Articles for operating budget; capital budget; marina enterprise budget; accept gifts; authorize Collector and Treasurer to collect taxes; indemnification of DEP – on a motion duly made and seconded, the Board voted 4-0-1, with Houk abstaining, to place these articles on the ATM warrant.
o Articles for Teamsters wage adjustments; to hear reports; standard last article – on a motion by May, seconded by Donovan, the Board voted unanimously to place these articles on the ATM warrant.
o Open Space Committee articles regarding Herring River restoration and Community Preservation Act Committee – there was consensus to discuss these articles at the next Board meeting.
o Planning Board articles (amend Zoning By-law - Section IX, Overlay Districts, Section 9.1.2, Districts Established; Section IX, Overlay Districts, Section 9.1.4, Wellhead Protection Districts, Use Regulations; Section V, Uses, Section 5.3.2, Commercial, and Section 5.3.1, Residential; Section II, Definitions, add definition of “Shed”; Section VI, General Regulations, Section 6.2, Accessory Building) – on a motion by Donovan, seconded by Houk, the Board voted unanimously to place these articles on the ATM warrant.
o Geiger Land Bank article – Denny O’Connell explained the article noting that the proposed piece of property is the “gateway” to the Fox Island marsh. There was consensus to put this article on hold pending action by the Open Space Committee.
o Article to transfer property at 35 Paine Hollow Road to Conservation Commission – on a motion by Donovan, seconded by May, the Board voted unanimously to place this article on the ATM warrant.
o Articles to amend Town Clerk fees and two articles regarding allocation of contributions to the Nauset Regional School District – on a motion duly made and seconded, the Board voted unanimously to place these articles on the ATM warrant.
o Article to establish Rental Registration Bylaw – on a motion by Donovan, seconded by Wilson, the Board voted unanimously to place this article on the ATM warrant.
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b) Requests to Use Town Property:
· Wellfleet Gardners – on a motion by Donovan, seconded by May, the Board voted unanimously to approve the request of the Wellfleet Gardners to use the right side entrance to the Town Hall parking lot on Saturday, May 28th from 7 a.m. to 1 p.m. with a rain date of Sunday, for the annual plant sale.
· Ezra Schattner – on a motion by Donovan, seconded by Wilson, the Board voted unanimously to approve the request of Ezra Schattner to use Indian Neck Beach on September 17th from 4 to 5 p.m. for a wedding ceremony.
· Business Licenses – on a motion by Donovan, seconded by May, the Board voted unanimously to approve the business licenses of Cappello’s Country Store and South Wellfleet General Store. On a motion by Donovan, seconded by May, the Board voted unanimously 4-0 with Wilson recusing, to approve the business license of Winslow’s Tavern.
c) Cape Cod Wastewater Collaborative – Donovan moved and May seconded a motion to send letters as appropriate urging defeat of this effort. There was consensus to discuss this matter at the next Board meeting and Donovan was asked to draft a letter for review by the Board. Wilson suggested that Emily Beebe continue to represent the Town on the W.I.C. (Wastewater Implementation Committee) after her employment ends with the Town – it was suggested that the Board hold off on this matter.
Donovan presented the correspondence report. The memorandum from Town Counsel regarding the Town’s liability relative to snow plowing by private contractors and the request from Robert R. Jones to send a letter on protection of Nantucket Sound were noted. On a motion by Wilson, seconded by Donovan, to send a letter of support relative to the request of Mr. Jones, the Board voted 2-2-1, with Wood and Houk voting against and May abstaining.
Comments/Reports:
· Houk noted that the replacement of sidewalks on Commercial Street was not included in the Capital Improvement Plan. It was suggested that the issue of sidewalks be addressed after Town Meeting.
· Wilson noted the two letters from the National Park Service regarding the draft Herring River MOU – a motion by Wilson to respond to the two letters updating the Park Service on where the Town is with this matter was not seconded.
Donovan moved and May seconded a motion to approve the minutes of February 8, 2005 as drafted. A motion by Wilson to amend the minutes was not seconded. On the original motion, the Board voted 4-1, with Wilson voting against.
Donovan moved and May seconded a motion to approve the minutes of February 14, 2005 as drafted. A motion by Wilson to amend the minutes was not seconded. On the original motion, the Board voted 4-1, with Wilson voting against.
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On a motion by Wilson, seconded by May, the Board voted unanimously at 9:25 p.m. on a roll call vote (Donovan, May, Wilson, Houk, Wood – yea) to enter executive session to discuss collective bargaining 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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