Board of Selectmen/Board of Water Commissioners
Library Meeting Room
May 10, 2005
Minutes
Board of Selectmen
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.
Reorganization of the Board – Donovan moved and May seconded a motion to maintain the same organization of the Board that has been in place for the past year. Wood declined the nomination as chairman noting his full business schedule and moved that if the mover and seconder agree to an amendment of the motion, he and Donovan switch positions, with Donovan serving as Chair and Wood serving as Clerk. Both the mover and seconder of the motion agreed to Wood’s amendment. The Board voted 3-2, with Houk and Wilson voting against, in favor of the motion as amended.
The Town Administrator introduced new Health/Conservation Agent Hillary Greenberg, new Assistant Health/Conservation Agent David Flaherty and Don Jacobs who is in attendance to discuss the analysis of the Fire Department.
The Board discussed the vote to reorganize the Board relative to the other Board officer positions (i.e. Vice-Chair, Water Commissioners Chair, Park Commissioners Chair). Donovan noted that the vote to maintain the same organization of the Board included the other officer positions unless a member no longer wishes to serve in that capacity. A motion by Houk to reconsider the reorganization vote did not go forward as Donovan indicated that such a motion would have to be made by a member who had voted in favor of the motion.
The Board held a public hearing to consider proposed increases to the Building Department fee schedule. Wood read the public notice. Building Inspector Paul Murphy reviewed the proposed July 1, 2005 fee schedule. He indicated that after analysis of fees from other towns, he is proposing a 10% increase. On a motion by Wilson, seconded by Wood, the Board voted unanimously to approve the Building Department Fee Schedule as proposed.
The Board discussed:
a) Interview for Appointment to ZBA – Donovan indicated that Barbara Gray has withdrawn her application for appointment to the ZBA and noted that the Board will be seeing her soon relative to her application for appointment to the Planning Board because two members have indicated that they will be resigning. Wilson moved to appoint Barbara Gray to the Planning Board with a term beginning on 6/30/05. It was noted that there are no vacancies on the Planning Board until resignations are received. The motion failed for lack of a second.
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b) Fire Department Study – Don Jacobs met with the Board to discuss the proposed Fire Department study. He outlined his view of the study and how it should be conducted and noted that he will be working with Donald Bliss, former New Hampshire State Fire Marshall and Suzanne Prentiss who is in charge of EMS certification in New Hampshire. Wilson indicated that she has on file with the Town Clerk a disclosure of an appearance of conflict of interest. Discussion included the scope of and reasons for the study. Suggestions included focusing on administrative/managerial issues rather than technical services, speaking with previous employees of the Department and personnel of the Fire Department, Council on Aging and Outer Cape Health. Donovan suggested that Board members review the
proposed nine tasks and forward their suggestions to the Town Administrator for discussion at the next Board meeting.
Announcements:
· Wilson announced that the Barnstable County Selectmen Association’s breakfast is scheduled for May 13th at 8 a.m. at the Bookstore.
· Donovan discussed the 1985 group organized for “Spirit Weekend” to raise funds for ongoing Town needs noting that these funds have been used to furnish the Senior Center living room.
The Board continued discussion:
c) Town-owned property and Harbor access study – Assistant Town Administrator Rex Peterson presented the background for the projects noting Town Meeting approval for funding the study of Town-owned property and the use of County surplus funds to map access points to water. Nate Kelly of Horsley and Witten joined the Board and explained the process used to research deeds noting his goal to reference every road and obtain deeds for every parcel of Town property. He explained that some records were lost in a fire at the Registry of Deeds and some deeds were difficult to read but they were able to identify parcels where more research is needed. Tom Flynn of the Coastal and Pond Access Committee noted that this is a preliminary study which will hopefully lead to better management of Town resources.
d) Estuaries Project update – Dr. Brian Howes and Roland Samimy of the UMass Dartmouth School for Marine Science and Technology presented an update on the estuaries project. Dr. Howes indicated that the sampling process has begun and that an additional $100,000 is needed to continue the project. He presented an overview of the project and its status in Wellfleet noting that the next step is to establish a committee of citizens and staff to become knowledgeable about the project. Possible funding sources were discussed. Donovan suggested that a future meeting be devoted to this topic.
e) Amendment to Sexual Harassment and Harassment Policy of the Town of Wellfleet – Rex Peterson presented the Nonwork Related Harassment Policy as drafted by Town Counsel and recommended that it be included as part of the Town’s Sexual Harassment and Harassment Policy. He noted that the Town’s insurance carrier has recommended adoption of this policy to limit liability relative to harassment involving any person other than an employee for whom the Town has responsibility. On a motion by Wood, seconded by Wilson, the Board voted unanimously to adopt this policy.
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f) ZBA Appointments – on a motion by Wood, seconded by May, the Board voted unanimously to appoint Trevor Pontbriand and Jeff Stewart as regular members of the ZBA and that Wood draft letters of thanks to Steve Rose and David Rowell for their many years of service on this board.
g) Police Department Appointments/Reappointments – on a motion by Wood, seconded by Wilson, the Board voted unanimously to appoint/reappoint all the requested individuals with the exception of Michael Mazzone through June 30, 2005. (Special Police Officers – Paul Cononi, Rosemary Fiske, George Spirito; Full-time Police Officers – Mike Turner, Donna Darakjy, Geraldine LaPense, Paul Clark; Chaplain – Kenneth Roscoe; Matrons – Shirley Cabral, Cindy Norris, Theresa Townsend; Full-time Eastham Police Officers as Special Police Officers –Richard R. Hedlund, Kenneth J. Roderick, Jonathan S. Pierpont, Benjamin Novotny, Robert A. Schnitzer, Seth Richter, Diana Palm, Adam E. Bohannon, Norman A. Sylvia, Jr., Mark T. Haley, Brian Savin, Daniel Deschamps, Gregory Casper, Matthew Gilmore;
Full-time Truro Officers as Special Police Officers – John Thomas, John Lundborn, David Silvia, David Costa, David Perry, James E. Roach, Craig Danziger, Meredith R. Allen, Kyle Takakjian, Nicolas J. Ambrosini, Domingo Gonzalez; School Crossing Guard/Constable – Susan Williams; National Seashore Personnel as Special Police Officers – Stephen Prokop, William Hooper, Karen Frasier, Scott Bowen, Garrett Moynihan, Craig Thatcher, Christopher Anderson, Sean Kelly, Michael Minnerath, W. Russell Hughes, Christopher Hartsgrove, David Lamere, Garrett Moynihan) Houk suggested that the Board place the matter of Michael Mazzone’s appointment on hold. On a motion by Wood, seconded by Wilson, the Board voted unanimously to ask the Police Chief to explain this appointment request to the Board.
h) Town Administrator Appointments – the Town Administrator indicated his appointment of Beach Department personnel as requested by the Beach Administrator. (Lifeguards – Eric Anderson, Cole Barash, Mike Bentz, Ken Birchall, Kenneth Blake, Suzanne Blake, David Bonnano, Raymond Craven III, Stephanie Ferasin, Patrick Finn, Brendan Kemp, Spencer Knowles, William Lloyd, Patricia Mack, Zachary Ment, Benjamin Ment, Timothy Moriarty, Guillermo Moronta, Vanessa Morton, Charles Perryman, Giannina Picariello, David Pike, Courtney Rybert, Mollie Skiba, Ashley Toomey, Justin Traut; Beach Guards – Kevin Blewitt, Alexander DelNegro, Marcus DelNegro, Craig Hamilton, Amanda Holway, Mark Peters, Thomas Uliasz; Beach Sticker Sales Clerks – Berta Bruinooge, Diane Chudomel, Alexandra Hight, Jeanne
MacLauchlan)
i) Requests to Use Town Property:
· Clarence Smith (John R. McKay Post #287, A.L.) – Wilson left the table. On a motion by Houk, seconded by Wood, the Board voted unanimously 4-0 to approve the request of Clarence Smith to use the Town Hall front lawn, easterly side drive, with a rain place at Wellfleet Elementary School gym, on Monday, May 30, 2005 from 8:30 to 11:00 a.m. for the annual Memorial Day service.
· Eric D. Mortenson & Dasa Pejchar – on a motion by May, seconded by Houk, the Board voted unanimously 4-0 to approve the request of Eric D. Mortensen and Dasa Pejchar to use a section of Maguire’s Landing below and to the left of the parking lot on June 25, 2005 from 4:45 – 5:45 p.m. for a wedding ceremony.
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· Friends of the Dump (H. J. Korim) – Wilson rejoined the Board. On a motion by Houk, seconded by Wood, the Board voted unanimously to approve the request of the Friends of the Dump to use the swap shack and surrounding area on Saturday, May 28 from 8 a.m. to 4 p.m. for the 12th annual “Yard Sale at the Dump” to raise funds for graduating seniors who have demonstrated an ecological awareness and concern.
j) Request for Exemption from Noise Bylaw – on a motion by Houk, seconded by Wood, the Board voted unanimously to approve the request of Ross Berbeco and Kristin Canavan for a one hour exemption from the Noise Bylaw on Saturday, June 25, 2005 at the Holden Inn.
k) Business Licenses – on a motion by Wood, seconded by Houk, the Board voted unanimously to approve the business licenses of Cove Gallery and Serena’s Restaurant.
Correspondence:
· Donovan suggested that letters of thanks be drafted to Steve Durkee and Judy Taylor for their work on the Housing Authority.
· Letter from George Pyzocha objecting to assessing laws, budget, taxes – Wilson commented on the Town Administrator’s response to Mr. Pyzocha’s letter.
Open Session:
· Brad Morse addressed the Board to request a hardship commercial shellfish permit. Donovan read the letter from the Shellfish Constable recommending that the Board approve Mr. Morse’s request. On a motion by Wood, seconded by Wilson, the Board voted unanimously to follow the recommendation of the Shellfish Constable and grant a commercial shellfish permit to Mr. Morse no later than Friday of this week.
· Gail Ferguson addressed the Board regarding determination of ownership of the Lt. Island roads discussed relative to the Audubon’s application to the Conservation Commission. The Town Administrator noted that Town Counsel has advised that the owner of record is the Audubon who has been given permission to put up structures by the Conservation Commission. Ms. Ferguson asked that a written legal opinion be requested from Town Counsel. Donovan suggested that the Coastal and Pond Access Committee submit a report to the Board with broad base recommendations on ways of dealing with these issues.
· Robert Hankey addressed the Board regarding the recently approved charge for brush disposal at the Transfer Station. He noted concern that due to the fee, people will start dumping brush in the woods and requested that the fee be withdrawn. It was stated that the arrangement for chipping has changed and the fee would go towards paying for that. On a motion by Houk, seconded by Wood, the Board voted 4-1, with Wilson voting against, to suspend the fees for brush until the matter is revisited.
· Bob Costa addressed the Board suggesting that open session be moved toward the beginning of the agenda and asked the status of the new Board of Water Commissioners. Donovan indicated that this matter will be discussed at the next Board meeting.
The Town Administrator indicated that the contractor will begin placing the fabric cover on the landfill tomorrow.
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Comments/Reports:
· Wood noted that a blood drive is scheduled at the Senior Center tomorrow.
· Donovan commented on Steve Durkee’s and Judy Taylor’s presentations to the Housing Authority regarding their experiences on the Board.
· Wilson noted that she had placed materials from the N.E.E.R.S. conference in the Board’s office and thanked Board members for sending her to the conference.
· Wilson requested that executive session minutes be made available in the Board of Selectmen’s office soon after the executive session has taken place – the Town Administrator noted that other people also have access to the Board’s office.
· Houk commented on the reorganization of the Board indicating that he had never seen such a “done deal” nor a Chairman of the Board of Selectmen holding two chairmanships and that he was very disappointed that he didn’t have an opportunity to vote on all Board officers.
· Wilson indicated that as far as she’s concerned she voted only for the positions of Chairman and Clerk of the Board and there is no Vice-Chair of the Board nor Chairs of the Water Commissioners and Park Commissioners.
· Wood indicated that he thought that it was clear that he wanted the Board to stay the same with the two positions switched, that his actions were well thought out, that he had no idea about any “done deal” and that he finds such “off base”.
On a motion by Wilson, seconded by Wood, the Board voted unanimously to approve the minutes of April 19, 2005, April 25, 2005, April 27, 2005 and April 12, 2005 with one amendment.
There was consensus to wait until the next meeting to consider releasing executive session minutes.
Future Meetings/Agendas – suggestions included suggested changes for the scope and tasks of the Fire Department study; process for appointment of the Board of Water Commissioners; meeting with Moderator regarding Town Meeting; Estuaries Project; update on Herring River MOU; meeting with Board of Health; wastewater; workshop on drinking water issues.
On a motion by Wood, seconded by Wilson, the Board voted unanimously to adjourn at 10:15 p.m.
Respectfully submitted,
Linda Smulligan
Administrative Assistant
Dale Donovan, Chair Michael May Ira Wood
Helen Miranda Wilson Jerry Houk
Board of Selectmen/Board of Water Commissioners
Library Meeting Room
May 10, 2005
Minutes
Board of Water Commissioners:
The meeting of the Board of Water Commissioners was called to order at 10:18 p.m. by Chairman Dale Donovan. Commissioners in attendance included Michael May, Ira Wood, Helen Miranda Wilson and Jerry Houk. Town Administrator Tim Smith also attended.
The Board discussed the application for water connection from Jeanne Woodes. Jeanne Woodes explained her request for hook-up at On the Creek Café. Donovan moved and Houk seconded a motion to approve this request from Jeanne Woodes. Discussion included the extent to which the system has already been committed and reserving capacity for the original Coles Neck ATBS. On a motion duly made and seconded to call the question the Board voted 4-1, with Wilson voting against. The Board voted 4-1, with Wilson voting against, in favor of the original motion.
On a motion duly made and seconded, the Board voted unanimously to adjourn at 8:29 p.m.
Respectfully submitted,
Linda Smulligan
Administrative Assistant
Dale Donovan, Chair Michael May Ira Wood
Helen Miranda Wilson Jerry Houk
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