Board of Selectmen
Library Meeting Room
April 19, 2005
Minutes
The Board of Selectmen meeting was called to order at 8:15 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.
Pre-Town Meeting
Town Moderator Dan Silverman was recognized and joined the Board. He commended the content and format of the Annual Town Meeting Warrant. He suggested that better publicity is needed for the Pre-Town Meeting. The Warrant was reviewed item by item. Comments on specific Articles follow:
Special Town Meeting Warrant:
Article 1 (Transfer Funds): TA Smith advised that line item amounts will change, but will not affect the bottom line of $104,000. On a motion by Donovan, seconded by May, the Board voted unanimously 5-0 to change the dollar amounts as presented by TA Smith.
Article 2 (Chapter 90 Funds): TA Smith advised the Board of text changes. On a motion by Donovan, seconded by May, the Board voted unanimously 5-0 to accept the changes by TA Smith.
Annual Town Meeting Warrant:
At this time, it was agreed to recognize Bylaw Committee member Bob Costa and to review some Articles out of order.
Article 11 (amend General Bylaws for Town Clerk fee increases): Mr. Costa informed the Board and Moderator that the Bylaw Committee unanimously recommends Article 11.
Article 12 (Community Preservation Act Committee): The Bylaw Committee recommends the words “(five members)” be removed.
Article 14 (Open Space/Land Bank purchase of 4.63 acres to add to Fox Island/Pilgrim Spring Conservation Area): The Bylaw Committee requests all references to “Land Bank Committee” be removed. If the Community Preservation Act passes, the “Land Bank” will no longer exist; the Open Space Committee will continue.
Mr. Costa thanked the Board and Moderator for allowing him to comment and left.
Discussion returned to the order of the Warrant Articles.
Operating Budget (yellow pages, p. 43) – TA Smith advised that the General Override amount (365,115) could change to (400,000).
Article 9 (Juice Bar petitioned article): TA Smith will speak against and will ask Human Services Committee Chair Jacqui Wildes Beebe to explain further.
Article 11 (amend General Bylaws for Town Clerk fee increases): The Town Clerk requested fee increases. Fees go into the General Fund.
Articles 13 (25 acres Chequessett Yacht and Country Club property) + Article 14 (Open Space/Land Bank purchase of 4.63 acres to add to Fox Island/Pilgrim Spring Conservation Area): Open Space/Land Bank Committee Chair Bob Hubby will read text changes. According to Selectman Wilson, the Housing Authority, 4-0, will support.
Article 16 (transfer property located on 35 Paine Hollow Road to Conservation Commission): Selectman Donovan advised that maps will be available for Town Meeting.
Zoning Articles
Articles 17-21: Moderator Silverman stated that Zoning Articles require a 2/3 vote.
Articles 17+18 (amend Zoning Bylaws, Section IX, Overlay Districts, Section 9.1.2 Districts established and Section 9.1.4 Wellhead Protection Districts, Use Regulations): Planning Board Chair Denny O’Connell clarified the area of the Wellhead Protection District. He explained that Article 17 establishes a new wellhead district and that Article 18 applies to regulations for both wellhead districts. Selectman Wilson moved to ask the WIAC to make a recommendation on Articles 17 + 18. WIAC Chair Ben Gitlow was in the audience and informed the Board that he will be out of Town. The motion was not seconded; no action was taken.
Standard, Annual Articles 22-29
These Articles will be read individually.
Article 19 (amend Zoning Bylaws, Section V, USES, Section 5.3.2, Commercial and Section 5.3.1. Residential): Cyndi Moe asked for clarification. The change is to NSP category only.
Article 23 (special legislation to reallocate local contribution to Nauset Regional School District by majority vote of Board of Selectmen): TA Smith informed the Board and Moderator that revised text will be presented at Town Meeting.
Capital Budget p. 49: Library Roof Repairs typo: should be $3,888,828.
Marina Enterprise Fund Budget: TA Smith requested a transfer of $57,000 and will provide written notice to the Board prior to Town Meeting on 4/25/05 at 6:30 p.m. at the BOS meeting.
To facilitate votes at Town Meeting, Selectman Donovan suggested a format that does not require reading/repeating every word. Moderator Silverman agreed that some Articles can be submitted for voting “as presented”.
Date for Wellfleet Night at the Orleans Cardinals Game
Wood moved, and Donovan seconded a motion, to reschedule Wellfleet Town Night to Thursday, June 30, 2005; the Board’s first choice was not available. The Board voted unanimously, 5-0, for the June 30, 2005 date.
Other Business
TA Smith appointed David Flaherty to the position of Assistant Health/Conservation Agent. TA provided written documents and described Mr. Flaherty’s qualifications, experience, and certifications.
By consensus, Board members agreed to change reading of Town Meeting Articles/motions.
Houk made a motion, seconded by Wilson, to disapprove the TA’s appointment of the Animal Control Officer. Discussion followed. Houk was unable to attend the 4/12/05 BOS meeting; he asked for written reports regarding: availability of animal control officer; # of violation warnings and/or tickets; # of responses; status of animals impounded; monthly activity reports; annual report. Smith advised the Board that he is reviewing this job and has decided to transfer the Animal Control Officer to the Health Agent for supervision. Houk offered to reconsider if the Board receives the written information requested; Wilson would not withdraw her second. The Board voted 2-3, with Donovan, May, and Wood voting against, to disapprove this appointment.
Donovan moved, and Wilson seconded a motion, to ask TA Smith to request an opinion from Town Counsel about liabilities of the Water Commissioners. Discussion followed: procedurally, can the Water Commissioners request legal advice through the TA or must the request be directed through the BOS?
On a motion by Donovan, seconded by May, the Board voted 5-0, to adjourn at 9:40 p.m.
Respectfully submitted,
Jeanne May, Administrative Clerk
______________________ ______________________ _____________________
Ira Wood, Chair Michael May Dale Donovan
______________________ ______________________
Helen Miranda Wilson Jerry Houk
Board of Water Commissioners
Library Meeting Room
April 19, 2005
Minutes
Board of Water Commissioners
The Board of Water Commissioners meeting was called to order at 7:00 p.m. by Chairman Dale Donovan. Commissioners present included Ira Wood, Michael May, Helen Miranda Wilson and Jerry Houk. Town Administrator Tim Smith also attended.
Public Hearing – Chair Donovan read the Public Notice “to consider amendments to the Wellfleet Municipal Water System Rules and Regulations.”
The Board discussed Section 8.2. The Town Administrator explained that Town Counsel has advised that the WMWS Rules & Regulations do not require specific language to place a lien on property prior to hook-up because the Town has accepted State legislation which allows for a lien to be placed for non-payment of the water bill as part of the billing process; a lien can be placed at the time delinquency occurs.
Discussion included the sale of a property; the new property owner is responsible for the balance of the bill.
On a motion by Donovan seconded by May, the Board voted 4-1, with Wilson voting against, to delete the last line of Section 8.2: “A lien will be placed on the property until the fee is paid in full.”
Hook-up Update – The Town Administrator outlined the criteria for contacting property owners, as authorized previously by the Board of Water Commissioners. He explained that he has contacted seven property owners (or 22 equivalents) and received four deposits to date. If any of the remaining three do not respond, he will contact the next eligible property owners on the list.
The Town Administrator reviewed Residential Hook-up Fees:
$10,000: Initial connection fee, with the option to amortize
$225: Toward 1st year water use
$75: 2nd year +
The Town Administrator advised that the DPW has contracted with a construction company to install curb connections into the main water line by the end of May, and that property owners are responsible for contacting an approved company for the hook-up from the curb stop into the home’s foundation.
Wilson distributed a spreadsheet dated Feb. 22, 2005, with water statistics for specific properties; she requested that the date of the water analysis for each property be included.
Wilson asked if the Town has a permit from DEP for the third well. The Town Administrator reviewed the procedure indicating that once the well is installed, DEP makes a final inspection and, upon approval, DEP issues a permit.
Request for Fee Reduction (On the Creek Café) – The Board recognized Jeanne Woodes, owner of On the Creek Café, Commercial St. In a letter dated 3/13/05, Ms. Woodes asked for a reduction in the $55,700 hook-up/connection fee for a flow of 1790gpd for her property’s use as a restaurant. Ms. Woodes was required by the Town Board of Health to install a water meter at her property five years ago. She read meter readings based on flow; actual meter reading is 168.84gpd. Since 3/14/05, the meter reading is 740 gallons.
Donovan explained the fee structure is based on a standard applied to every water system proposed for the Town.
Ms. Woodes inquired about connection fees for the DPW, Library, Town Hall, Uncle Frank’s, Capt. Higgins, and W.H.A.T. Donovan explained that Uncle Frank’s, Capt. Higgins, and W.H.A.T. were connected to the existing Marina Area Water System in previous arrangements. He stated that the new Municipal Water System was established to replace the Marina Water System and to provide additional connections. Donovan stated that it was determined that disconnection of existing hook-ups to the Marina Water System is illegal. Wilson stated that the Marina Water System is still in existence and serving four private businesses. May asked if DEP knows that there are private businesses on the Marina Water System which is separate from the Wellfleet Municipal Water System.
Houk reviewed the history of the four businesses on the Marina Water System. He stated that the new Municipal Water System was mandated by DEP and expressed concern over high fees for connection to the main waterline. Houk asked the Board of Water Commissioners to rethink the program and fees.
May described the water main flushing onto the open ground near the tennis courts at Bakers Field and expressed concern for water being wasted.
Ms. Woodes asked if the Board is denying her request for a reduction to her hook-up fee.
On a motion by Wilson seconded by Wood, the Board voted 4-1, with Houk voting against, to extend the payout period to 20 years (the legal limit), instead of 10 years, for Jeanne Woodes property. Donovan stated that this action does not preclude a reduction in price.
May moved, and Houk seconded a motion, to reduce the connection fee for two restaurants: the Bookstore and On the Creek Café. Wood said that he cannot vote on the motion as worded. Donovan discussed the fee structure further and emphasized that the fee pertains to the individual property, not the business.
May amended his motion to discuss all water fees at a subsequent meeting; Houk seconded. The Board voted 3-2, with Donovan and Wood voting against, to set an agenda item at a future meeting to review all fees. Donovan informed the Board that the Town Administrator will have to cease working on this project until all fees are resolved. Houk reminded the Board there are only four property owners who have responded thus far.
Wilson advised that DEP is available to provide a training workshop for the Board, if requested.
Agenda items for next meeting:
- Review fee structure
- Include language to address any change to WMWS Rules & Regulations that have financial consequences to the Town must have approval of the Board of Selectmen (Donovan)
- Draft recommendations for the transition to the new Board of Water Commissioners (Wilson)
On a motion by May, seconded by Houk, the Board voted 3-2, with Donovan and Wood voting against, to schedule a meeting of the Board of Water Commissioners for Wednesday, April 27, 2005 to discuss WMWS fee structure and other matters.
Minutes of Previous Meeting: 12/6/04 –
On a motion by May, seconded by Wood, the Board voted 4-0-1, with Wilson abstaining, to approve the minutes of December 6, 2004, as submitted.
On a motion by Wood, seconded by Donovan, the Board voted 4-1, with Wilson voting against, to adjourn at 8:15 p.m.
Respectfully submitted,
Jeanne May, Administrative Clerk
______________________ ______________________ _____________________
Dale Donovan, Chair Ira Wood Michael May
______________________ ______________________
Helen Miranda Wilson Jerry Houk
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