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BOS Minutes - 3/8/05
                                                                                Board of Selectmen
Library Meeting Room
March 8, 2005
Minutes

The meeting was called to order at 7:00 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 held a public hearing to consider the request from Wellfleet Center Corp., d/b/a Aesop’s Tables, Brian Dunne manager, for transfer of the seasonal all alcoholic restaurant license to Barry & Winslow, LLC, d/b/a Winslow’s Tavern, Tracey Barry Hunt, manager.  Donovan read the public notice.  Wilson disclosed that she has an appearance of a conflict of interest in this matter and has filed a disclosure form with the Town Clerk.  Tracey Hunt  outlined the plans for the restaurant and her background and experience.  On a motion by Houk, seconded by Donovan, the Board voted unanimously to grant this transfer.

Announcements:
·       Donovan announced that the Billingsgate basketball tournament is scheduled for this upcoming Friday and Saturday and that the Recreation Department is seeking volunteers.
·       May announced that a presentation by representatives of the Cape Light Compact is scheduled at the Senior Center on March 10th at 1:15 p.m. regarding the transition of the power supply and energy efficiency programs.
·       Wilson announced that the Board would be reviewing the Town Meeting warrants on March 22nd and April 19th.

The Board discussed:
a)      Business Licenses – on a motion by Wilson, seconded by Donovan, the Board voted 3-0, with Wood and Houk recusing, to approve the business licenses of Harperspace Studio/Gallery; Mac’s Seafood Market; Mac’s Seafood Takeout.  On a motion by Donovan, seconded by May, the Board voted unanimously to approve the business licenses of Gone Fishing Sporting Goods; Kelley’s Flowers and Taylor Fine Art.
b)      Set Date for Fireworks – on a motion by Donovan, seconded by May, the Board voted unanimously to approve the recommendation of the Fireworks Committee to set July 1 (rain date of July 8), as the date for the fireworks.
c)      Letter re:  Cape Cod Wastewater Collaborative – Donovan’s draft letter was reviewed.  May moved to accept the letter as printed.  Wilson suggested eliminating the last paragraph.  The Board voted unanimously in favor of the letter as amended by Wilson.

The Board held a public hearing to consider amendments to the Town of Wellfleet Transfer Station Fee Schedule.  DPW Director Mark Vincent recommended a $70/ton increase for construction and demolition waste; a $15/ton increase for commercial refuse and a $10/sticker increase for the residential and commercial transfer station fees to provide an increase in revenue of $89,000 to offset a projected deficit of $86,450.  He also recommended establishing a fee of $5/car load and $10/ pick-up truck load for residential brush and $3/20 pound propane tank and $20  for any  tank  over  a  20 pound  capacity,  and  not  to  accept  tanks  with over a 100 pound
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capacity.  Wilson suggested reducing the increase for construction and demolition waste and increasing the increase for commercial refuse projecting more recycling.  Discussion included allowing picking of contractor waste for kindling, demolition waste from other towns and recycling of clean wood and old windows and doors.  Donovan noted a recycling website that may become available through the Town’s website which would open up opportunities for recycling.  On a motion by Donovan, seconded by May, the Board voted 4-1, with Wilson voting against, to approve the Transfer Station Fee Structure as recommended by the DPW Director.

The Board continued discussion:
d)      Snowplowing – the DPW Director reviewed three options and their costs using private contractors and with the Town providing the services:  Option A, plow paved and dirt public roads only; Option B, plow all public and private roads and Option C, plow all public roads and all paved private roads that meet DPW requirements.  He recommended Option C with the Town providing the services.  Discussion included problems with using private contractors, the need for a second sweeper, presenting options to Town Meeting, maintaining the status quo and the memo from Town Counsel cautioning the Town relative to the use of private contractors for snow plowing.  On a motion by Donovan, seconded by May, the Board voted 4-1, with Houk voting against, to take the steps necessary at Town Meeting to begin implementing Option C with the Town providing the services.
e)      Amnesty Day – the DPW Director recommended the date of April 9, 2005 from 8 a.m. to 2 p.m. and noted the parameters.  On a motion by Donovan, seconded by Wilson, the Board voted unanimously to support Amnesty Day with the regulations as outlined.
f)      Reconsideration of Board decision not to fund new trash packer truck – the DPW Director requested that the Board reconsider its decision relative to his request for a new trash packer truck.  He indicated that this is a necessary piece of equipment to his department which will save manpower and promote efficiency and outlined two options for Board consideration:  Option A, purchasing a new six wheel dump truck and new trash packer and Option B, purchasing a new six wheel dump truck and keeping a six wheel dump truck and purchasing a packer body for a cost savings of $30,000 over Option A.  The Board took no action on this request.
g)      Town Clerk/Treasurer:
·       Request for change of polling place – Town Clerk/Treasurer Dawn Rickman was in attendance and presented her recommendation that the Town’s polling place be moved from the Library to the Council on Aging citing inadequate parking at the Library and noting that the Council on Aging has ample parking, is well lit, and has handicap and communications access.  Houk noted concerns expressed by voters residing in the downtown area.  Donovan moved and May seconded a motion to approve the change of voting location from the Library to the Senior Center and to review this decision at this time next year to assess how successful it has been.  Wilson suggested placing a non-binding referendum question on this matter on the ballot.  On the motion the Board voted 3-2, with Houk and Wilson voting against.

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·       Recommendation for recipient of Boston Post Cane – Ms. Rickman recommended that the Boston Post Cane be awarded to Margaret H. Hale.  On a motion by Donovan, seconded by May, the Board voted unanimously to approve this recommendation.
h)      Estuaries Project – Emily Beebe updated the Board on the status of the Massachusetts Estuaries Project.  The Town Administrator recommended that funding for this project be put off until a fall special town meeting so that the Assistant Town Administrator can pursue other funding opportunities.  Ms. Beebe recommended that the Town consider funding Wellfleet’s share of $115,000 over three years noting that this is a worthwhile project which will be beneficial to the Town.
i)      STM/ATM Warrant Articles:
·       Article for Herring River Preserve – Bob Hubby distributed an updated warrant article.  He disclosed that he is a member of the Chequessett Country Club and that although he has recused himself on prior discussions of this article, he has been asked to present it this evening.  On a motion by Wilson, seconded by Donovan, the Board voted unanimously that given Mr. Hubby’s public disclosure, the Board allow him to present this matter tonight provided he file a disclosure form with the Town Clerk tomorrow.  Mr. Hubby presented the article noting funding options other than Land Bank funds.  On a motion by Wilson, seconded by Donovan, the Board voted unanimously to place this article as drafted today on the ATM warrant and to recommend it.
·       Article for Geiger Land Bank purchase – Mr. Hubby explained the article.  On a motion by Donovan, seconded by May, the Board voted unanimously to place and recommend this article on the ATM warrant.
·       Article for funds for Chamber of Commerce – Berta Bruinooge joined the Board noting that these funds represent less than 10% of the Rooms Tax and are used for informational services provided by the Chamber.  On a motion by Wilson, seconded by May, the Board voted 4-0-1, with Donovan abstaining, to place and recommend this article.
Wilson left the room.
·       STM Article 1 (transfers) – on a motion by Donovan, seconded by Houk, the Board voted unanimously 4-0 to place this article on the STM warrant.
·       STM Article 2 (Chapter 90) – on a motion by Donovan, seconded by Houk, the Board voted unanimously 4-0 to place this article on the STM warrant.
·       Question 5 (Chamber of Commerce funds) – on a motion by Donovan, seconded by Houk, the Board voted unanimously 4-0 to place this question on the ATM warrant and ballot.
·       Question 6 (equipment and personnel for snow plowing) – the Town Administrator noted that this matter may require more than one question.  On a motion by Donovan, seconded by May, the Board voted unanimously 4-0 to place this question(s) on the ATM warrant and ballot.

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Wilson rejoined the Board.
·       ATM Article 8 (equipment and personnel for snow plowing) – the Town Administrator noted that this matter may require several articles.  On a motion by Donovan, seconded by May, the Board voted unanimously to place this article(s) on the ATM warrant.
·       ATM Article 20 (Community Preservation Act Committee) – the Assistant Town Administrator, Rex Peterson, presented an overview of the article.  Donovan asked if it would be appropriate for the Committees with appointing authority to appoint at large members rather than members of their Committees; there was consensus to forward this matter to Town Counsel.  Wilson suggested that “Section 3:  Requirement for a quorum and majority vote” be deleted.  On a motion by Donovan, seconded by May, the Board voted 4-1, with Wilson voting against, to place this article as written and to address these questions at a later date.
·       ATM Article 18 (Rental Registration Bylaw) – on a motion by Donovan, seconded by Houk, the Board voted unanimously to withdraw this article.

Open Session – Ryan Grady and Devon Winkler of AmeriCorps Cape Cod addressed the Board.  They explained that they are holding an event with participants creating sculptures from items that cannot be recycled based on current standards at Cape Cod transfer stations and requested permission to display the winning sculpture on Town property and that a member of the Board serve as a contest judge.  A motion by Wilson to support installation of the winner’s piece somewhere on Town property with the physical installation being approved by the DPW and that it only be displayed for one month was not seconded.  There was consensus to discuss this matter on a future agenda.

Correspondence – Donovan presented the correspondence report:
·       Nature Conservancy’s request for letters re:  funds for Mill Creek Wetlands acquisition – on a motion by Donovan, seconded by May, the Board voted unanimously to delegate the Town Administrator to put together the appropriate information.
·       Molly Benjamin’s request for letter re:  Sea Grant Program supporting genetic identification of hard clam strains – Donovan read the draft letter.  On a motion duly made and seconded, the Board voted unanimously to send the letter as written with a note from the Administration Office indicating that the Board has voted to send the letter.

Town Administrator Comments – the Town Administrator indicated his appointment of Hillary Greenberg as the new Health/Conservation Agent.

Comments/Reports:
·       Houk noted that committee member(s) who had participated in the interview process for the Health/Conservation Agent position had indicated to him that they felt left out of the selection process.
·       Wilson suggested discussing separation of the Health/Conservation Agent position into two positions and the Herring River Project MOU.

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On a motion by Donovan, seconded by May, the Board voted 4-1, with Wilson voting against, to approve the minutes of February 22, 2005 as drafted.

On a motion duly made and seconded, the Board voted unanimously at 10:20 p.m. on a roll call vote (Donovan, May, Wilson, Houk, Wood – yea) to enter executive session to discuss collective bargaining and a personnel issue 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