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BOS Minutes - 5/24/05
                                                                                Board of Selectmen
Library Meeting Room
May 24, 2005
Minutes

The meeting was called to order at 7:00 p.m. by Chairman Dale Donovan.  Selectmen present included Michael May, Ira Wood, Helen Miranda Wilson and Jerry Houk.  Town Administrator Tim Smith also attended.

The Board held the following Shellfish Department public hearings consecutively.  Wood read the public notice.  Shellfish Constable Andy Koch was in attendance and presented his recommendations as follows:
1)  Application from Robert Hautanen, Cheryl Hautenan and David Hautanen to renew shellfish grant licenses #738 and #738A located at Indian Neck for a ten year period – the Shellfish Constable recommended renewal of these grants for a ten year period.  On a motion by Houk, seconded by May, the Board voted unanimously to approve renewal of these grants for a ten year period.
2)  Application from Robert Wallace to renew shellfish grant licenses #737, #821 and #821A located at Indian Neck for a ten year period – the Shellfish Constable recommended renewal of these grants for a ten year period.  On a motion by Wilson, seconded by Houk, the Board voted unanimously to approve renewal of these grants for a ten year period.
3)  Application from Bruce Cole Morton, Philip R. Morton and Daniel Stewart Morton to renew shellfish grant licenses #95-7 and #95-8 located at Egg Island for a ten year period – the Shellfish Constable recommended renewal of these grants for a ten year period.  On a motion by Houk, seconded by Wilson, the Board voted unanimously to approve renewal of these grants for a ten year period.
4)  Application from Lisa Dexter to renew shellfish grant license #01-03 located at Indian Neck for a five year period – the Shellfish Constable noted that the Board approved a one year extension of this grant last year to get it up and running, that he has never seen any signs that it is being worked and recommended that it be issued to somebody who would make use of it.  On a motion by Wilson, seconded by Houk, the Board voted unanimously not to renew shellfish grant license #01-03 for Lisa Dexter.  Discussion included procedure for reissuing this grant.
5)  Application from Barbara Austin and Jerre Austin to renew shellfish grant licenses #85G and #85GA located at Indian Neck for a ten year period – the Shellfish Constable recommended renewal of these grants for a ten year period.  On a motion by Houk, seconded by Wilson, the Board voted unanimously to approve renewal of these grants for a ten year period.
6)  Application from Andrew Koch to transfer shellfish grant license #00-06 located at Egg Island from Andrew Koch and James O’Connell to James O’Connell – the Shellfish Constable indicated that he is withdrawing his name because he no longer has the time to work the grant.  On a motion by Houk, seconded by Wilson, the Board voted unanimously to approve this application for transfer.
7)  Application from Rick Merrill to transfer shellfish grant license #01-05 located at Indian Neck from Rick Merrill to Rick Merrill and Tim Hughes – the Shellfish Constable recommended approval of this transfer.  On a motion by Houk, seconded by Wilson, the Board voted unanimously to approve this transfer.

Page 2 – Board of Selectmen Minutes – 5/24/05

Announcements:
·       Donovan announced that the annual Memorial Day Service is scheduled for May 30th at 8:30 a.m. on the Town Hall lawn.

The Board discussed:
a)  Police Department Appointment – on a motion by Wood, seconded by Wilson, the Board voted unanimously to appoint Michael Mazzone as a Special Police Officer through June 30, 2006.
b)  Town Administrator’s Appointments – the Town Administrator noted the list of appointments distributed to the Board (Alternate Plumbing and Gas Inspectors – Paul Dinsmore, Michael Ramsdell; Inspector of Wires – Sean Donoghue, G. Garrison Roosma (alternate), Hearing Officer – Lisbeth Berrio) and Ralph Bratberg and Mary Shumway as seasonal DPW employees.
c)  Town Meeting Review – Moderator Dan Silverman joined the Board.  He noted that the information in the warrant answered a lot of questions, that the grouping of the articles was helpful and that he felt that the meeting went smoothly. Discussion included committee/board article recommendations being received in time to be printed in the warrant, including neutral explanations of ballot questions in the warrant, videotaping Town Meeting, beginning Town Meeting at 6:30 p.m. (a General Bylaw amendment would be necessary), distribution of standard rules, microphone placement at Town Meeting and procedure for amendments on Town Meeting floor.
d)  Interview for Appointment to ZBA – the Board interviewed Bruce Drucker for appointment to the ZBA.  Wood indicated that he would like to wait to vote on this appointment until the other candidates are interviewed.  Jeff Stewart urged the appointment of Mr. Drucker noting that the ZBA needs help due to a heavy case load.  On a motion by Houk, seconded by Wilson, the Board voted 4-0-1, with Wood abstaining, to appoint Bruce Drucker as an alternate member of the ZBA.
e)  Fire Department Study – discussion included narrowing the focus of the study.  The Town Administrator noted that the consultant has a good sense of what the Board is looking for.  On a motion by Wilson, seconded by Houk, the Board voted unanimously that the consultant contact people who have left the department in the last five years and include them in this study.  The Town Administrator indicated that the consultant has been asked to interview every member of the Department.  He noted that the study should be completed by the beginning of August.
f)  Requests to Use Town Property:
o       Tidal Theater Company – Houk left the table.  Applicant Caitlin Langstaff outlined her request for car theater at the Whitecrest Beach parking lot.  Wood noted concern with the lack of liability insurance.  Ms. Langstaff indicated that the cars used will be insured and a responsible person will be in attendance outside of the cars.  Houk rejoined the Board.  On a motion by Wood, seconded by May, the Board voted 4-0-1, with Houk abstaining, to approve the request of the Tidal Theater Company to use the Whitecrest Beach parking lot on June 9-12, 2005 for car theater.
o       Friends of the Wellfleet Council on Aging – on a motion by Houk, seconded by Wood, the Board voted unanimously to approve the request of the Friends of the Council on Aging to use the Town Hall front lawn on Saturday, July 9 and Saturday, August 13 from 9 a.m. to noon for a bake sale.
Page 3 – Board of Selectmen Minutes – 5/24/05


o       Wellfleet Historical Society – on a motion by Houk, seconded by May, the Board voted unanimously to approve the request of the Wellfleet Historical Society to use the park behind 335 Main Street on June 19 from noon to 4 p.m. for the annual strawberry festival.
g)  Request for Exemption from Noise Bylaw – on a motion by Wood, seconded by Houk, the Board voted unanimously to approve the request of Judith Leff for a one hour extension of the noise bylaw to 11 p.m. on June 18, 2005 for a wedding at the Holden Inn.
h)  Business Licenses – on a motion by Wood, seconded by Houk, the Board voted unanimously to approve the business licenses of Chatham Soap Company; Idle Times Bike Shop; Outer Cape Sailing; Hannah & Company; Eric’s Seafood Restaurant.
i)  Board of Water Commissioners – Donovan noted receipt of the 5/24/05 legal opinion from Town Counsel regarding the Board of Water and Sewer Commissioners suggesting that Board members have time to read the opinion before taking action.  Discussion included procedure for making the appointments and Wilson’s proposed list of documents for the Board of Water Commissioner appointees.  There was consensus to continue discussion of this matter at the June 21st Board meeting.
j)  Town-owned Vehicles – the Town Administrator recommended allowing the Assistant DPW Director to continue to use a Town truck.  Discussion included the need for somebody to be available 24 hrs./day for the water system and whether “emergency vehicles” should remain in Wellfleet.  May moved and Wilson seconded a motion that Wellfleet emergency vehicles do not leave the Town of Wellfleet.  Fire Chief Hight noted that his responsibilities necessitate that he take his emergency vehicle out of Town on a regular basis.  Wilson withdrew her second of the motion.  Houk suggested that this discussion be continued to the next Board meeting.  May withdrew his motion.

Correspondence – Wood presented the correspondence report noting the applications received for Town boards and committees.

Open Session:
·       Bob Costa asked if the legal opinion from Town Counsel regarding the Board of Water Commissioners is available to the public – the Town Administrator responded yes.
·       Ted Schaefer asked if approval of the third well has been received from DEP – the Town Administrator responded yes.

Town Administrator Comments – the Town Administrator requested an executive session at the end of tonight’s meeting.

Comments/Reports:
·       Wood indicated that he had visited the landfill capping area noting that work on the project is moving along quickly.
·       Houk asked Fire Chief Hight if logos have been placed on his emergency vehicle – Chief Hight indicated that the stickers are on order by the DPW.

Page 4 – Board of Selectmen Minutes – 5/24/05

·       Wilson noted that the Local Comprehensive Planning Committee does not have a quorum and suggested reducing its membership.  On a motion by Wilson, seconded by Donovan, the Board voted unanimously to reduce the membership of the Local Comprehensive Planning Committee to five.

Minutes of 5/10/05 – Houk reviewed the section of the minutes regarding the reorganization of the Board questioning whether Donovan should continue as Chairman of the Board of Water Commissioners.  Wilson moved an amendment to the minutes, seconded by Donovan.  The Board voted unanimously in favor of the amendment to the minutes.  On a motion duly made and seconded, the Board voted 4-1, with Houk voting against, to approve the minutes of May 10, 2005 as amended.

On a motion by Wood, seconded by Houk, the Board voted unanimously to release the executive session minutes dated 3/16/05, 3/8/05, 2/22/05, 1/11/05, 12/6/04, 11/23/04, 10/25/04, 8/24/04, 5/4/04, 4/13/04, 1/13/04, 12/9/03, 6/9/03, 3/17/03, 11/12/02, 10/15/02, 6/10/02, 5/13/02, 4/9/01, 8/23/99, 5/5/99, 9/13/93, 8/23/93, 8/3/89, 7/19/89.  Wilson moved an amendment to the executive session minutes of 3/8/05, seconded by May.  The Board voted unanimously in favor of the amendment.

Future meetings – there was consensus to meet on June 21st to discuss working more effectively with advisory boards and committees.  Wilson suggested scheduling an annual forum with the shellfishing community.  May indicated that the Alternative Energy Committee wishes to meet with the Board for an update.

On a motion duly made and seconded, the Board voted unanimously at 9:14 p.m. on a roll call vote (Wood, May, Wilson, Houk, Donovan – yea) to enter executive session to discuss strategy with regard to union negotiations and sale or lease of real property and not to reconvene in open session.

                                                        Respectfully submitted,



                                                        Linda Smulligan
                                                        Administrative Assistant

                                                                                                        
Dale Donovan, Chair                     Michael May                          Ira Wood

                                                                        
Helen Miranda Wilson                   Jerry Houk