Board of Selectmen
March 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, Helen Miranda Wilson and Jerry Houk. Town Administrator Tim Smith also attended.
The Board held the following Shellfish Department public hearings consecutively. Donovan read the public notice. Shellfish Constable Andy Koch presented his recommendations as follows:
· Application from Randy Williams for renewal of shellfish grant licenses #851 and #851A located at Indian Neck for a ten year period – Wilson moved and Donovan seconded a motion to approve this renewal for a ten year period. The Shellfish Constable recommended approval. The Board voted unanimously in favor of the motion.
· Application from Karl S. Barrio for renewal of shellfish grant licenses #85A and #85A-A located at Indian Neck for a ten year period – Wilson moved and Donovan seconded a motion to approve this renewal for a ten year period. The Shellfish Constable recommended approval. The Board voted unanimously in favor of the motion.
· Application from Andrew Koch for transfer of shellfish grant license #00-06, located at Egg Island, from Andrew Koch to Andrew Koch and James O’Connell – Wilson moved and Donovan seconded a motion to approve this transfer. Wilson questioned the propriety of the Shellfish Constable’s dual role as applicant and Shellfish Constable in this matter and suggested that approval of this transfer be conditioned to require oversight of the grant by an alternate constable. Koch indicated that his goal is to phase out of the business and that he will relinquish this grant when the remainder of his product has been harvested. Houk questioned whether
this grant, when relinquished, should be made available to a person without a grant. The Shellfish Constable noted that little monitoring of this grant is necessary since only clams to be harvested remain on the grant and that the Ethics Commission has not as yet responded to his inquiry regarding this matter. The Board voted unanimously in favor of the motion. Wilson moved and Donovan seconded a motion to condition Mr. Koch’s use of this grant upon his getting an outside constable to monitor his production and the rules and regulations. May suggested that the Harbormaster or a member of the Police Department could monitor this grant. On the motion the Board voted 1-4, with Wood, May, Donovan and Houk voting against.
The Board held a public hearing to consider proposed amendments to the Wellfleet Beach Sticker Fee Schedule. Beach Administrator Suzanne Thomas was in attendance and presented her recommendation that beach sticker fees remain the same as in 2004 with the exception of the “Seasonal” sticker which she recommended be decreased from $250.00 to $200.00. She projected that with this decrease patrons will purchase seasonal stickers rather than two two-week stickers and revenues will remain the same and the sticker lines reduced. On a motion by Houk, seconded by Wilson, the Board voted unanimously to approve the recommendations of the Beach Administrator.
Page 2 – Board of Selectmen Minutes – 3/22/05
Kolleen Kender of the Wellfleet Spirits Shoppe addressed the Board requesting to close the business for repairs. On a motion by Houk, seconded by Donovan, the Board voted unanimously to grant this request.
Announcements:
· Wilson announced that the PTA spaghetti dinner will be held on April 8th at 5:30 p.m.
· Donovan announced that members of the Open Space/Land Bank Committee will be conducting a “walk” of the proposed Mill Creek Land Bank purchase area on March 26th from 2 to 4 p.m.
· Denny O’Connell announced that the Local Comprehensive Planning Committee will hold a “visioning session” on April 16 from 8:30 a.m. to 12:30 p.m. He noted that the Committee would appreciate new members.
· Bob Hubby indicated that the “walk” scheduled for March 26th will focus on the Mill Creek property but, if time permits, could be expanded to include the other proposed Land Bank properties.
· Donovan announced that the Wellfleet Forum will present a program on the Marina on March 31st at the Library with the Harbormaster presenting plans to improve the facility.
· Wood announced that the 2004 Annual Town Report is available noting that the cover photo was submitted by Dick Lay.
The Board discussed:
a) Request to approve wording of Tax Collector’s informational insert – Tax Collector Marianne Nickerson was in attendance. On a motion by Donovan, seconded by Wilson, the Board voted unanimously to approve the insert.
b) Board of Assessors contract for consulting services – on a motion by Houk, seconded by May, the Board voted unanimously to accept the bid of Paul S. Kapinos & Associates to perform two interim year updates and the FY’07 recertification.
c) Appointment of Republican Election Workers and Voter Registrar – on a motion by Houk, seconded by Donovan, the Board voted unanimously to appoint the following persons as Election Workers: Alfred Hill, Judith Rhodes, Ruth Ann Dykeman, Eleanor Hazen, Phyllis Hill, Richard Hazen III, Deborah Lane, Clarence Smith, Betsey Patterson, Jean Lay, Robert Hankey, Ruth Marriott, Frances Hartswick, Carol Smith, David Rego, Mignon Muirhead, Todd Barry and to reappoint Dorothy Sealey as a Registrar of Voters.
d) Seasonal liquor license renewals – on a motion by Donovan, seconded by Wilson, the Board voted unanimously to approve the seasonal liquor license renewals for V.R.’s, Inc.; Wellfleet Beachcomber; Sweet Season’s, Inc.; Wellfleet Flea Market; Wellfleet Dairy Bar and Grill; Rookie’s, Inc.; Wellfleet Wine Cellar & Spirits, Inc.; Maurice’s Campground, Inc.; Wellfleet Motel & Lodge, Inc.; Chequessett Yacht & Country Club, Inc.; Captain Higgins Seafood Restaurant, Inc. On a motion by Wilson, seconded by May, the Board voted 4-0, with Houk recusing, to approve the seasonal liquor license renewal of Gutsy Benders, Inc.
e) Business Licenses – on a motion by May, seconded by Donovan, the Board voted unanimously to approve the business licenses of The Dog Pound; The Dog Pound 2; The News Dealer.
Page 3 - Board of Selectmen Minutes – 3/22/05
The meeting was recessed from 7:45 to 7:50 p.m.
Selectmen’s Comments/Reports:
· Houk responded to comments made during a previous discussion regarding moving the Town’s polling place to the Senior Center and the Board discussed the population center of the Town.
· Houk suggested that a letter be sent to Paul Finn and the Call Firefighters relative to the Board’s March 16 vote for the Town Administrator to conduct an inquiry into the management of the Fire Department. Houk moved and Wilson seconded a motion that the Board send a letter to the Firefighters’ Union, Paul Finn President, and to the Call Firefighters who the Board received correspondence from. Houk was asked to draft the letter. Wood suggested an amendment to the motion to add once the letter is approved by Board members. The Board voted unanimously in favor of the motion as amended. Houk asked the status of the inquiry; the
Town Administrator indicated that this matter is currently a procurement issue and that he will update the Board as soon as possible.
· Wood suggested that the Board discuss the Senior Tax Workoff Program at a future meeting noting that the program has been difficult to administer.
The Board discussed STM/ATM Warrant articles as follows:
· ATM (Land Bank funds for appraisals) – on a motion by Donovan, seconded by Houk, the Board voted unanimously to place and recommend this article.
· ATM (transfer property located on 35 Paine Hollow Road to Conservation Commission) – on a motion by Donovan, seconded by Houk, the Board voted unanimously to recommend this article.
· ATM (Community Preservation Act Committee) – on a motion by Donovan, seconded by May, the Board voted unanimously to recommend this article. A motion by Wilson to amend “Section 3: Requirement for a quorum and majority vote” was not seconded.
· ATM (amend Zoning By-laws, Section IX, Overlay Districts, Section 9.1.2, Districts Established) – on a motion by Donovan, seconded by May, the Board voted unanimously to recommend this article. Discussion included terms for identification of the well site.
· ATM (amend Zoning By-laws, Section IX, Overlay Districts, Section 9.1.4, Wellhead Protection Districts, Use Regulations) – on a motion by Donovan, seconded by May, the Board voted unanimously to recommend this article.
· ATM (amend Zoning By-laws Section V, Uses, Section 5.3.2, Commercial by deleting “Service trades, (Business)” and Section 5.3.1, Residential, by adding Service Trades as an allowed use in all districts with a special permit) – on a motion by Donovan, seconded by Wilson, the Board voted unanimously to recommend this article
· ATM (amend Zoning By-laws, Section II, Definitions by adding “Shed”) - on a motion by Donovan, seconded by Wilson, the Board voted unanimously to recommend this article. A motion by Wilson to refer the Wellhead Protection District articles to the Water Issues Advisory Committee for recommendation was not seconded.
· ATM (amend Zoning By-laws, Section VI, General Regulations, Section 6.2, Accessory Building) – on a motion by Wilson, seconded by Donovan, the Board voted unanimously to recommend this article.
Page 4 – Board of Selectmen Minutes – 3/22/05
· ATM Standard Articles (allocate Nauset Regional School District contributions in accordance with Regional Agreement; special legislation to reallocate local contribution to Nauset Regional School District by majority vote of Boards of Selectmen; dispose of vehicles; gifts; Treasurer to collect taxes; indemnify DEP; hear reports; standard last article) – on a motion duly made and seconded, the Board voted unanimously to recommend these articles.
· “Town Meeting and Municipal Finance Terms” – Wilson suggested amending the first sentence of the “Overlay” paragraph by inserting the word “using” to read “… and to avoid using fractions….
· STM (transfers) – the Town Administrator noted the addition of a $20,000 transfer to DPW Facilities to fund the Town Hall septic system – on a motion by Donovan, seconded by May, the Board voted unanimously to recommend this article.
· STM (Chapter 90) – on a motion by Donovan, seconded by May, the Board voted unanimously to recommend this article.
· “Maintenance and Operations Budgets Recommended by the Board of Selectmen” – the Town Administrator indicated that he will not know the actual numbers until after a meeting on Wednesday and that he will inform Board members of the result.
· ATM (ballot questions) – on a motion by Wilson, seconded by Houk, to place a non-binding referendum question regarding the Town’s polling location, the Board voted 2-3, with Wood, May and Donovan voting against.
· ATM (Capital Budget) – on a motion by Donovan, seconded by May, the Board voted unanimously to recommend this article.
· ATM (Marina Enterprise Fund Budget) – on a motion by Donovan, seconded by Houk, the Board voted unanimously to recommend this article.
· ATM (six-wheel dump truck with plow) – on a motion by Donovan, seconded by May, the Board voted unanimously to recommend this article.
· ATM (front-end loader) – on a motion by Donovan, seconded by May, the Board voted 4-0-1, with Wilson abstaining, to recommend this article.
· ATM (Nauset High School and Middle School capital improvements and equipment replacement) – on a motion by Houk, seconded by Donovan, the Board voted unanimously to recommend this article.
· ATM (wage adjustments) – on a motion by Houk, seconded by Donovan, the Board voted unanimously to recommend this article.
· ATM (Juice Bar petitioned article) – a motion by Houk to recommend this article was not seconded. On a motion by Donovan, seconded by May, the Board voted 4-1, with Houk voting against, not to recommend this article.
· ATM (Chapter 90) – on a motion by Donovan, seconded by Wilson, the Board voted unanimously to recommend this article.
· ATM (Town Clerk fee increases) – on a motion by Houk, seconded by Wilson, the Board voted unanimously to recommend this article.
Wilson noted the information received from the Police Chief regarding rabies and suggested that the Board include a warrant article for $12,000 to fund vaccinations. It was suggested that the
Page 5 – Board of Selectmen Minutes – 3/22/05
Board wait to see if the State continues funding the program. Wilson will draft a letter to the State in favor of continuation of the program for review by the Board.
Correspondence – Donovan presented the correspondence report as follows:
· Letter from Andrew and Pamela Ponichtera – on a motion by Donovan, seconded by May, the Board voted unanimously to grant the request of Andrew and Pamela Ponichtera to extend the noise curfew to 11:00 p.m. on June 11th at the Holden Inn.
· Letter from Jeanne Woodes questioning the Water Commissioner’s fee structure and requesting a reduction – Donovan will draft a letter in response for Board review.
· Letter from Margaret Hale thanking the Board for the Boston Post Cane recognition – noted by the Board.
Open Session – Ryan Grady updated the Board on the recycling art show indicating that the Library Director has approved installation of the winning statue at the Library for one month.
On a motion by Donovan, seconded by Houk, the Board voted unanimously to approve the minutes of March 8, 2005 as drafted.
On a motion by Donovan, seconded by May, the Board voted 4-1, with Wilson voting against, to approve the minutes of March 16, 2005 as drafted.
Wilson moved and Houk seconded a motion to send a letter to all art gallery owners reminding them that they need a special one-day liquor license to serve alcohol. The Town Administrator noted that a license is not necessary if the gallery is giving alcohol away and not charging a fee. Wilson withdrew the motion and Houk withdrew his second.
Donovan commented on the Police Chief’s report of the Police Department’s involvement in the recent arson arrests on the Cape; there was consensus that the Department deserves appreciation for their efforts.
On a motion by Donovan, seconded by May, the Board voted unanimously to adjourn at 9:02 p.m.
Respectfully submitted,
Linda Smulligan
Administrative Assistant
Ira Wood, Chair Michael May Dale Donovan
Helen Miranda Wilson Jerry Houk
| 
