Board of Selectmen
Senior Center
August 23, 2005
Minutes
The meeting was called to order at 7:00 p.m. by Chairman Dale Donovan. Selectmen present included Michael May, Ira Wood and Helen Miranda Wilson. Selectman Jerry Houk was absent. Town Administrator Tim Smith also attended.
The Board held Shellfish Department public hearings consecutively. Shellfish Constable Andy Koch was in attendance and presented his recommendations. Wood read the public notice.
· Continuation of public hearing to amend the Town of Wellfleet Shellfishing Policy and Regulations by adding a Section 9.1.12 – the Shellfish Constable noted that the revised language has been discussed with the Shellfish Advisory Committee and read the proposed Section 9.1.12. Wilson moved and May seconded a motion to accept this version of Section 9.1.12 as read. May disclosed that he holds a commercial shellfish permit. William Young, Jr. suggested that Chapter 130 does not allow wet storage on grants. The Shellfish Constable indicated that the State allows the Town of Wellfleet to do so. The Board voted unanimously in favor of
the motion.
· Application from Stanley Kielb to transfer shellfish grant licenses #751 and #7311A & B from Stanley Kielb to Stanley Kielb and William Young, Jr. – the Shellfish Constable suggested that it would not be appropriate at this time to approve this application due to Mr. Young’s recent violation of the rules and regulations and noted that he would be willing to revisit this matter and give a favorable recommendation as of January 1, 2006. On a motion by Wood, seconded by May, the Board voted 3-1, with Donovan voting against, to approve this transfer.
The Board met with DPW Director Mark Vincent to discuss snow plowing. The DPW Director indicated that currently the DPW plows 80 paved public roads, 21 dirt public roads and 117 paved private roads. Donovan noted the Town Administrator’s recommendation to maintain the status quo this winter. Wood moved and May seconded a motion to follow the recommendation of the Town Administrator to continue the status quo this winter. May disclosed that he lives on a private road. The Town Administrator noted that this is an equity issue relative to private roads that are not plowed and recommended maintaining the status quo and taking this matter to Annual Town Meeting next year. Wood read the memo from Police Chief Rosenthal as Emergency Management Director recommending that plowing is a bona fide
public purpose with an aging population. Donovan read the recommendation of the Town Administrator in its entirety. Discussion included the percentage of public vs. private roads; the history of plowing private roads in Wellfleet; tax inequities; the process for private roads becoming public roads and school bus and emergency access. Jeff Stewart presented petitions with 200 signatures in support of the Town Administrator’s position and urged the Board to vote in favor of the motion. The Board voted 3-1, with Wilson voting against, in favor of the motion.
Announcements:
· Wilson announced that she will be collecting signatures to petition a ballot question relative to the plowing of private roads.
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· Donovan announced that the Cape Cod Shellfishermen’s Support Fund is being administered by the Interfaith Council and Lower Cape Outreach Council and that donations may be made via Cape Cod 5.
· Donovan announced that tomorrow night is the next to the last square dance conducted by Toots Tousignant and that a fundraising campaign for the Friends of the Bandstand will be kicked off.
· Wilson announced the upcoming Board of Selectmen’s meeting schedule: September 13th at the Library; September 27th at the Senior Center and subsequently back to the Library for the winter.
The Board discussed:
a) Cable Television Contract Issues – the Board met with Larry Greeley and Tom Cole. Mr. Greeley updated the Board on the July 23 meeting with representatives of the towns of Brewster, Eastham, Orleans and Wellfleet. Discussion included the towns taking over Channel 17; funding available from Comcast for a Town channel; monies available to the Town from Comcast; and working as a consortium with several towns. On a motion by Wood, seconded by Wilson, the Board voted unanimously to appoint Betsy Williams and Tom Cole to the Cable Advisory Committee. Donovan noted that applicant Susan Messina was in the audience and outlined her education and experience. On a motion by Wilson, seconded by Wood, the Board voted unanimously to appoint Susan Messina to the Cable Advisory
Committee.
b) Appointments:
· Coastal and Pond Access Committee – on a motion by Wood, seconded by Wilson, the Board voted unanimously to appoint Guy Daniels to the Coastal and Pond Access Committee.
· Shellfish Advisory Committee – on a motion by Donovan, seconded by Wilson, the Board voted unanimously to appoint Morton Miller to the Shellfish Advisory Committee.
· Community Preservation Act Committee – Donovan noted the list of representatives from boards/committees already appointed to this Committee. On a motion by Wood, seconded by May, the Board voted unanimously to appoint Peter Hall to the Community Preservation Act Committee. On a motion by Wilson, seconded by May, the Board voted unanimously to appoint John Ketchum to the Community Preservation Act Committee.
· Board of Water Commissioners – Wilson noted that she may have another candidate and asked the Board to give this candidate time to apply. On a motion by Wilson, seconded by Wood, the Board voted unanimously to appoint Merilyn Hiller for a two year term. On a motion by May, seconded by Wood, the Board voted unanimously to appoint Moe Barocas for a two year term. Wood moved and May seconded a motion to appoint Jean Schaefer for a one year term. Wilson cited conflict of interest issues relative to an appointment of Ms. Schaefer. An amendment to the motion proposed by Donovan to add and to approve Ms. Schaefer’s disclosure
as the Board does not consider it to be a conflict was accepted by the mover. The Board voted 3-1, with Wilson voting against, in favor of the motion as amended. On a motion by Wilson, seconded by Wood, the Board voted 3-1, with Wilson voting against, to approve Jean Schaefer’s exemption under Section 19 to be able to act without a conflict of interest on the Board of Water Commissioners. On a motion by Donovan, seconded by Wood, the Board voted
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unanimously to appoint Erik Mitchell for a three year term. On a motion by Wilson, seconded by May, the Board voted unanimously to appoint Mark Berry for a three year term. A motion by Wilson to ask that the list of materials she suggested be distributed to members of the Board of Water Commissioners was not seconded. Donovan suggested that the list be narrowed to essentials and a bibliography of available materials be made available. The Town Administrator recommended that the staff set up the initial organizational meeting and come up with a list of things to provide all boards. A motion by Wilson to give the Board of Water Commissioners staff support from the DPW was not seconded. The DPW Director indicated that he will continue to provide support to this
Board.
c) Requests to Use Town Property:
· Gant Clothing Co. – on a motion duly made and seconded, the Board voted unanimously to approve the request of the Gant Clothing Co. to use Newcomb Hollow and White Crest Beaches from August 30–September 4, 2005 for a still photography shoot for a fee of $100 per day.
· American Lung Association – on a motion by May, seconded by Wood, the Board voted unanimously to approve the request of the American Lung Association to use the White Crest Beach parking lot on September 18, 2005 from 9 a.m. to 1 p.m. for a water stop for bicyclists on the 21st Annual Autumn Escape Bicycle Trek without a fee.
d) Discuss Fall Special Town Meeting – the Town Administrator recommended that the Board set the date for the fall special town meeting for November 21 or 28 and outlined potential articles. Donovan suggested that the Charter Review Committee come forward with an article for special town meeting. On a motion by Wood, seconded by Wilson, the Board voted unanimously to set a tentative date for the fall special town meeting of November 28.
e) Senior Citizen Tax Work-Off Program Policy – Donovan suggested that the language regarding current employees being ineligible for the program be deleted if the Board agrees to a two part system. On a motion by Wilson, seconded by Wood, the Board voted 3-1, with Donovan voting against, to accept the Senior Citizen Tax Work-Off Program Policy as received from Jacqui Beebe.
f) Herring River MOU – Donovan noted that the Town has received the amended MOU back from the Seashore and suggested that the Board discuss the make-up of the committees and timeframe for appointments at the next Board meeting.
Correspondence – Wood presented the correspondence report:
· Letter from Richard Willecke, Chair, Board of Health re: congratulations to Health Agent for a job well done and becoming a registered sanitarian - Wood congratulated Health/Conservation Agent Hillary Greenberg for becoming a registered sanitarian.
· Letter from Douglas Franklin resigning from the Charter Review Committee - there was consensus to send a letter of thanks to Mr. Franklin for his service to the Town.
· Letters from Mr. and Mrs. Weinstock, Sally Branch and Judy Rhodes regarding Old King’s Highway – discussion included making the road one-way, speeding and signage.
· Letter from John Riehl, as Chairman of the NRAB, regarding Wellfleet Harbor fuel contamination – it was noted that the Harbormaster is addressing this matter.
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Town Administrator Comments – the Town Administrator noted that the Orleans Board of Selectmen would like to meet with the other Nauset Region member towns Boards of Selectmen to discuss budget issues: the Town Administrator will get back to the Board with possible dates.
Comments/Reports – Wilson noted that Don Jacobs will be making a presentation to members of the Fire Department and suggested that Selectmen May and Houk attend because they had missed the presentation to the Board.
On a motion by Donovan, seconded by Wilson, the Board voted 3-0-1, with Wood abstaining (he had not attended the meeting) to approve the minutes of July 26, 2005 as drafted.
On a motion by Wood, seconded by May, the Board voted unanimously to approve the minutes of August 4, 2005 as drafted.
On a motion by Wood, seconded by Wilson, the Board voted unanimously to approve the minutes of August 9, 2005 as drafted.
Donovan suggested that the Board meet with the Planning Board and asked that Board members bring a list of matters to be discussed with the Planning Board to the next meeting.
May requested that the Board meet with the Alternative Energy Committee – there was consensus to meet on September 27.
On a motion by Wood, seconded by Wilson, the Board voted unanimously at 9:35 p.m. on a roll call vote (Wood, May, Wilson, Donovan – yea) to enter executive session to discuss union contract negotiations, non-union contracts and land contracts and not to reconvene in open session.
Respectfully submitted,
Linda Smulligan
Administrative Assistant
Dale Donovan, Chair Michael May
Ira Wood Helen Miranda Wilson
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