Board of Selectmen
Senior Center
July 26, 2005
Minutes
The meeting was called to order at 7:00 p.m. by Chairman Dale Donovan. Selectmen present included Michael May, Helen Miranda Wilson and Jerry Houk. Selectman Ira Wood was absent. Town Administrator Tim Smith also attended.
The Board held a public hearing to consider the application from Mary Houk of Sandpiper Gallery for a one day beer and wine license for August 20, 2005 from 5 to 9 p.m. Houk recused himself and sat in the audience. May read the public notice. On a motion by May, seconded by Wilson, the Board voted unanimously 3-0 to approve this application. Donovan noted that the event relative to this license is a benefit for the Alzheimers Services of Cape Cod and the Islands and will include a raffle and auction. Houk joined the Board.
The Board held Shellfish Department public hearings consecutively as follows. May read the public notice. Shellfish Constable Andy Koch was in attendance and presented his recommendations.
· Application from Todd LeBart to renew shellfish grant licenses #85E and #85EA located at Indian Neck for a ten year period – the Shellfish Constable recommended approval. On a motion by May, seconded by Wilson, the Board voted unanimously to approve this application for a ten year period.
· Application from Jesse Flanagan for a three acre shellfish grant (#01-03) located at Indian Neck and application from Nancy Kunik for a three acre shellfish grant (#01-03) located at Indian Neck – the Shellfish Constable noted that three people have expressed an interest in this area and recommended that this grant be awarded to Nancy Kunik who has held a commercial shellfish permit the longest and has indicated her intention to add the names of Jesse Flanagan and Rick Savage at a future date. Wilson moved and Donovan seconded a motion to grant Nancy Kunik a three acre shellfish grant (#01-03) located on Indian Neck. May disclosed that he holds a
commercial shellfish permit. The Board voted unanimously in favor of the motion.
· Application from Alton Atwood to transfer shellfish grant license #733 from Alton Atwood to Alton Atwood and Phil Allain – the Shellfish Constable recommended approval. On a motion by May, seconded by Wilson, the Board voted unanimously in favor of this transfer.
· Consider suspension of the commercial shellfish permits of Karl Barrio and William Young, Jr., for violation of Town of Wellfleet Shellfish Regulation 8.1.4 – the Shellfish Constable read the incident reports relative to this violation from 5/10/05 for possession of over 5% seed; reviewed M.G.L. Chapter 130, Sections 9 and 69 and Town regulations 8.1.2 and 8.1.4; discussed similar incidents which occurred on 7/29/04 at which time neither Mr. Young nor Mr. Barrio were cited; and noted that he has received complaints of fishermen taking seed from the wild and placing it on grants. Mr. Young indicated that the oysters in question were not his final
catch as he was in the process of transferring them to other public areas. The Shellfish Constable indicated that he had explained the law relative to “harvested” shellfish to all draggers. He noted that Mr.
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Barrio and Mr. Young had each indicated that they did not wish to accept the immediate three day suspension of their commercial shellfish permits. May moved and Donovan seconded a motion to suspend the commercial shellfish permit of William Young, Jr. for three days per the recommendation of the Shellfish Constable. Houk noted the recent loss of income for shellfishermen due to closures for red tide and an oil spill and suggested issuing a warning. On the motion the Board voted 3-1, with Houk voting against. Karl Barrio indicated that he had not understood the procedure from the Shellfish Constable and that he was willing to accept the punishment. On a motion by May, seconded by Donovan, the Board voted 3-1, with Houk voting against, to suspend the commercial shellfish
permit of Karl Barrio for three days.
· To amend the Town of Wellfleet Shellfishing Policy and Regulations by adding a Section 9.1.2 – the Shellfish Constable offered an amendment to the proposed regulation noting that State law does not allow wet storage of product on grants. Wilson suggested that the proposed regulation be reworked and that a definition of “landing” be included in the regulations. Discussion included requiring that all catch be landed at the pier. On a motion by Wilson, seconded by May, the Board voted unanimously to continue this hearing to August 23rd at 7 p.m.
The Board discussed:
a) Interviews for appointment to committees – the Board interviewed Jean Schaefer for appointment to the Board of Water Commissioners. There was consensus not to act on Ms. Schaefer’s conflict of interest disclosure unless she is appointed. The Board interviewed Steve Durkee, Peter Hall, John Ketchum and Alan Platt for appointment to the Community Preservation Act Committee.
b) Committee appointments: on a motion by Wilson, seconded by May, the Board voted unanimously to appoint Carol Winer to the Beach Study Committee. On a motion by Houk, seconded by Wilson, the Board voted unanimously to appoint Evelyn Minarik, Barbara Larsen, Margaret Rasmussen and Debra Giza to the Council on Aging Board. On a motion by May, seconded by Wilson, the Board voted unanimously to appoint Margo KochRuthe to the Cultural Council. On a motion by Houk, seconded by Wilson, the Board voted unanimously to appoint Betsy P. Cole to the Historical Commission. On a motion by Wilson, seconded by May, the Board voted unanimously to appoint Tracy Vanderschmidt to the Recreation Committee for a three year term. On a motion by Wilson, seconded by May, the Board voted
unanimously to appoint Liza Caruso to the Recycling Commission. May moved and Donovan seconded a motion to appoint Henry Boriskin to the Shellfish Advisory Committee. After discussion there was consensus to schedule Mr. Boriskin for an interview with the Board.
c) Business licenses – Donovan read the memo from Selectman Wood in favor of approval of the business license of the Friends of the Council on Aging. Wilson moved and May seconded a motion to approve the business license of the Friends of the Council on Aging. Bob Costa noted that his concern was whether the Town is competing with existing licensed businesses and indicated that he feels that this matter is resolved. Donovan noted receipt of petitions with 187 signatures in support of the business license of the Friends of the Council on Aging. The Board voted unanimously in favor of the motion. On a motion by May, seconded by Wilson, the Board
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voted unanimously to approve the business licenses of the Lobster Hutt and Tim’s Used Books, Inc.
d) Senior Tax Workoff Program – discussion included the eligibility of employees doing work in their regular work place.
e) Requests to use Town property:
· Margo KochRuthe (Quakers) – on a motion by Houk, seconded by May, the Board voted unanimously to approve the request of Margo KochRuthe to use the Town Hall front lawn on August 6th between 11 a.m. and 12 noon for a silent vigil.
· Cape Cod Chamber Music Festival – on a motion by Wilson, seconded by May, the Board voted unanimously to approve the request of the Cape Cod Chamber Music Festival to use Town Hall lawn on August 9th from noon to 1 p.m. for a free musical performance publicizing the festival.
Donovan noted the correspondence report. The Town Administrator requested that the Board consider a resolution in support of the Otis Air National Guard Base Massachusetts Military Reservation, Cape Cod, Massachusetts. On a motion by May, seconded by Houk, the Board voted unanimously to approve the resolution.
Open Session:
· William Young, Jr. asked when the three day suspension of his commercial shellfish permit would begin. Wilson moved and Donovan seconded a motion to delegate the Shellfish Constable to decide on which day the three days of the suspension starts. Houk disagreed with the motion indicating that he feels the days of the suspension should be determined by the Board of Selectmen. Wilson withdrew her motion. On a motion by Wilson, seconded by Houk, that the commercial shellfish permit suspension of William Young, Jr. begin July 27 at midnight and July 28 to midnight July 29 the Board voted 2-2, with May and Donovan voting against. On a motion by
Donovan, seconded by May, to instruct the Shellfish Constable to notify Mr. Young and Mr. Barrio of the days of their suspensions the Board voted 2-2, with Houk and Wilson voting against. The Town Administrator noted that the violation notice indicates that the Board of Selectmen determines the suspension date. On a motion by Wilson, seconded by Houk, the Board voted unanimously that the three day suspension of William Young, Jr.’s commercial shellfish permit begin at midnight of July 27. On a motion by Wilson, seconded by Houk, the Board voted unanimously that the three day suspension of Karl Barrio’s commercial shellfish permit begin at midnight of July 29.
Open Session:
· a member of the audience (Corrine Thimas?) requested that the Board reconsider its decision regarding mooring of boats at Gull Pond. Discussion included concern with the environmental impact and mooring boats in the Jack’s Boat Rental area. It was suggested that the Board meet with the Harbormaster and Beach Administrator to discuss this matter.
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Town Administrator Comments:
· announced that Health/Conservation Agent Hillary Greenberg is now a registered sanitarian.
· announced that COA Director Jacqui Wildes-Beebe has resigned from the CCRTA and requested to be appointed to this Committee – on a motion by Wilson, seconded by May, the Board voted unanimously to appoint Town Administrator Tim Smith to the CCRTA.
· requested an executive session this evening.
Comments/Reports:
· Wilson commented on the need for timely enforcement of Shellfish Department violations.
On a motion by Wilson, seconded by May, the Board voted unanimously to approve the minutes of July 5, 2005 as drafted.
On a motion by May, seconded by Wilson, the Board voted unanimously to approve the minutes of July 12, 2005 as drafted.
On a motion by Donovan, seconded by May, the Board voted unanimously at 9:55 p.m. on a roll call vote (Houk, May, Wilson, Donovan – yea) to enter executive session to discuss collective bargaining and legal issues and not to reconvene in open session.
Respectfully submitted,
Linda Smulligan
Administrative Assistant
Dale Donovan Michael May
Helen Miranda Wilson Jerry Houk
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