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Board of Selectmen
Library Meeting Room
September 13, 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 annual classification hearing. Assessor Nancy Vail was in attendance and outlined the Board’s options. On a motion by Houk, seconded by Wood, the Board voted unanimously to make the Residential Factor the numeric number 1 for Fiscal 2006. On a motion by Houk, seconded by Wood, the Board voted unanimously to take no action on the “Open Space Exemption” per the recommendation of the Board of Assessors. On a motion by Houk, seconded by Wood, the Board voted unanimously to take no action on the “Small Business Exemption” per the recommendation of the Board of Assessors.
Announcements:
· Wilson announced that the next Board meeting is scheduled at the Senior Center with winter meetings scheduled at the Library.
· Wilson announced that the deadline for petitioned articles for the November 28th special town meeting is October 14.
· Donovan announced that two agenda items, Town Administrator Comments and Selectmen’s Comments/Reports, have been removed from the agenda since there are ample opportunities for comment under other agenda items.
The Board discussed:
a) Request for Approval of Appointment to Fire Department – Wilson recused herself. On a motion by Wood, seconded by Houk, the Board voted unanimously 4-0 to approve the request of the Acting Fire Chief to reappoint Timothy Woodman as a call firefighter. Wilson rejoined the Board.
b) Requests to Use Town Property:
· International Women’s Flag Football Association – on a motion by Wood, seconded by May, the Board voted unanimously to approve the request of the International Women’s Flag Football Association to use Baker’s Field for a womens and girls flag football tournament on Friday and Saturday (9/23, 9/24) from 9 a.m. to 5 p.m. and on Sunday (9/25) from 9 a.m. to 1 p.m. for a fee of $300.
· Patricia Cousins – on a motion by Wood, seconded by May, the Board voted unanimously to approve the request of Patricia Cousins to use Newcomb Hollow Beach on September 22, 2005 from 4-5:30 p.m. for a wedding ceremony.
The Board held a public hearing to consider the application from Lisa Brown of S.P.A.T. for a two day beer and wine license. Lisa Brown was in attendance. Wood read the public notice. Ms. Brown noted that the beer service will be similar to last year but in a consolidated spot with a stationary refrigerated truck. On a motion by Wood, seconded by Houk, the Board voted unanimously to grant a two day beer and wine license to S.P.A.T. for October 15 and 16 from 10 a.m. to 5 p.m. in the back parking lot of Town Hall.
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The Board discussed the request of S.P.A.T. to use town property for the Wellfleet Oysterfest. Ms. Brown outlined the request and noted the educational elements of the festival, tent setup, school bus shuttle and paid details for security and emergency medical services. Houk suggested that the Town provide emergency medical service personnel to save S.P.A.T. the expense. There was consensus that Houk’s suggestion be discussed at the next Board meeting. On a motion by Houk, seconded by Wood, the Board voted unanimously to approve S.P.A.T.’s request to use Main Street from Holbrook and Briar Lane to Bank Street and all parking lots therein and the Wellfleet Elementary School parking lot from Friday, October 14 from 10 a.m. until Monday, October 17 at 10 a.m. for the Oysterfest.
The Board held a hearing to consider dog complaints from James and Mary Willis. Donovan swore in Dog Officer Tracy DeMarco, Mary Willis, James Willis, Judy Tesson and Rosie Puffer as witnesses. Ms. DeMarco discussed the ongoing problem of the Tesson’s dogs running loose and going on the Willis’ property. She indicated that she thought the problem was solved after the last hearing before the Board but recently the problem has recurred and in addition a woman on a bicycle was bitten and four dogs identified as belonging to the Tessons and two identified dogs were involved. She recommended that the Tesson’s dogs be given away to someone outside of the Town of Wellfleet. Jim Willis indicated that the Tesson’s dogs are aggressive, that he saw the woman bitten, that his dogs have
been bitten, that he can’t walk his dogs without anticipating a problem and that a hearing should have been held sooner due to the dog bite. Ms. DeMarco noted that she had not been informed of the bite issue until the next day and that the woman bitten could not identify which of the six dogs had bitten her. She explained that the Tessons have been fined $25 per dog for this second violation under the General Bylaws and that she had initiated the procedure leading up to this hearing. Judy Tesson, owner of the dogs, indicated that she has been successful containing the dogs for the past two years but they accidentally got out on August 14 and August 29 at which time she was successful in chasing them and bringing them home. She offered to have an invisible fence installed so that her dogs will be kept in a fenced in yard with the invisible fence as a back-up, and asked if the Willises will help finance the invisible fence. Rosie Puffer, a friend
of the Tesson family, stated that the dogs are friendly. Ms. Tesson read a letter from Shayna Davis, another friend of the family, stating that the dogs are “wicked good”. Mary Willis indicated that the neighborhood had been peaceful until the recent incidents and that she had not initiated tonight’s hearing and is not willing to contribute for an invisible fence. On a motion by May, seconded by Wilson, the Board voted unanimously to close the hearing. Findings of fact: 1) on a motion by Wilson, seconded by Wood, the Board voted unanimously to find that the Tessons who live at 95 Howes Road in Wellfleet have been in violation of Article VII, Section 25 of the General Bylaws which states that all dogs “shall be restrained by leash unless confined to property of their owners.” twice within the calendar year; 2) on a motion by Wilson, seconded by Wood, the Board voted unanimously to find that the owners of Gerry, Cheech and
Jenna have also failed twice within this calendar year to comply with this Board’s order of July 7, 2003 to secure their dogs within their residence or within a suitable pen or run while on their property and to restrain them by leash while off their property; 3) on a motion by Wilson, seconded by Donovan, the Board voted unanimously to find that the statements of the witnesses in both instances were made with proper cause and in good faith. Discussion included the effectiveness of invisible fences and the logistics should the dogs be banned from Wellfleet. On a motion by Donovan, seconded by Wilson, to accept the recommendation of the Animal Control Officer that the three dogs be banished from the Town; that the process begin immediately and that the Animal Control Officer come back at the next meeting for the Board to hear the logistics for final approval, the Board
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voted 2-3, with Donovan, Wood and Houk voting against. On a motion by Houk, seconded by Wood, the Board voted 4-1, with Wilson voting against, that if the dogs are loose on one other occasion, whether anyone is bitten or not, there will only be two options for the Board, putting them down or banishment and that if the dogs get out, they will immediately be seized by the proper authority pending the decision of the Board.
Acting Fire Chief Dan Silverman explained why S.P.A.T. is paying for a detail for emergency medical services for the Oysterfest noting budgetary considerations and the need for regular departmental staffing during the Oysterfest.
The Board continued discussion:
c) Appointment of Democratic Election Officers – Houk recused himself. On a motion by Wood, seconded by May, the Board voted unanimously 4-0 to appoint the Democratic election officers submitted by Sheila Lyons, Democratic Town Committee Chairman. (Barbara Atwood, Clare Carroll, Donna DeVasto, John M. Dooley, Mary Ann Dooley, Anne C. Fox, Cynthia Franklin, Terri Frazier, Susan S. Gauthier, Peter Hall, Mary Houk, Ellen Ishkanian, Zel Levin, Sheila Lyons, Patricia Nugent, Sheila Paine, Paul Pilcher, Andrea Pluhar, Richard Robicheau, Stephen Russell, Barbara Souther, Barbara Stevens, Katherine Stillman, Paul Weber, Shirley Weber, Sandra Wonders) Houk rejoined the Board.
d) Committee Appointments – on a motion by Donovan, seconded by Wood, the Board voted 4-0-1, with Wood abstaining, to appoint John Connors to the Shellfish Advisory Committee. Donovan noted the resignation of Ray Crowell from the Barnstable County HOME Consortium Council and his recommendation that Elaine LaChapelle be appointed to replace him. On a motion by Wood, seconded by Wilson, the Board voted unanimously to appoint Elaine LaChapelle as the Town’s representative to the Barnstable County HOME Consortium Council.
e) Herring River MOU; Committees/Appointments – Donovan outlined the duties of the Herring River Restoration Project Technical and Stakeholders Committees. On a motion by Wood, seconded by Wilson, the Board voted unanimously to appoint John Portnoy, Tim Smith, Stephen Spear, Truman Henson (ad hoc), Abby Franklin, Hillary Greenberg, George Heufelder, Robert Hubby, Andy Koch, Diane Murphy, Gordon Peabody and Ralph Kunkel to the Technical Committee. On a motion by Wood, seconded by Houk, the Board voted 4-1, with Wilson voting against, to appoint Joel Fox to the Technical Committee. On a motion by Houk, seconded by May, the Board voted 4-1, with Wilson voting against, to appoint Jack Whalen to the Technical Committee. On a motion by Wilson, seconded by Donovan, the Board voted unanimously to
appoint Herring Warden Carl Breivogel to the Technical Committee. On a motion duly made and seconded, the Board voted 4-1, with Wilson voting against, to appoint Nancy Finley, Mark Forest, Peter Watts, David Flaherty, Barbara Boone, Pat Woodbury, Gabrielle Sakolsky, Phil Brady, Donald Liptack, Steve Block, Peter Hall, Rebecca Rosenberg, Laura Runkel, Al Kraft and Michael Parlante to the Stakeholders Committee. On a motion by Wilson, seconded by Wood, the Board voted unanimously to approve the MOU as drafted and approved at the meeting of August 4, 2005 and to authorize the Chair to sign the MOU.
f) List of items to be discussed with Planning Board – suggestions included 335 Main Street; memo regarding road clearing; taking a formal look at expansion of the Wellfleet Municipal Water System and ways to address water needs in Town; recent survey; rental parking regulations and safe walkways within the downtown area including sidewalks.
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The Board discussed the search for a new Fire Chief including the draft profile and screening of applicants. The Town Administrator suggested that a consultant review and rate the applicants with the Board reviewing all applications.
Correspondence:
· Letter of resignation from the Local Comprehensive Planning Committee from Dennis O’Connell – it was requested that a letter of thanks be drafted.
· Memo from Kopelman and Paige to clients about Supreme Court decision on Telecommunications Act – it was requested that a copy be forwarded to the Planning Board.
Open Session:
· Houk commented on ex-Fire Department members who were not contacted by consultant Don Jacobs relative to the recently completed Fire Department study. On a motion by Houk, seconded by Wilson, the Board voted 4-0-1, with Donovan abstaining, to ask Mr. Jacobs who he contacted outside of the Fire Department.
· Houk commented on the intent of the Board of Appeals to send W.H.A.T.’s application back to the Cape Cod Commission despite its previous approval by the Commission. Wood, who had attended the meeting, summarized the discussion and noted the Board’s attempt to be thorough.
Wilson moved and May seconded a motion to approve the minutes of August 23, 2005. Wilson moved and Wood seconded a motion to amend the minutes by changing “without” to “despite” on the bottom of page two (there was consensus to check the tape) and to add “as Chair of the NRAB” after “John Riehl” on the bottom of page three. On the motion the Board voted 4-0-1, with Houk abstaining (he had not attended the meeting), to approve the minutes with the change noted on page three with the understanding that the proposed amendment to page two will be double checked.
On a motion duly made and seconded, the Board voted unanimously to adjourn at 9:59 p.m.
Respectfully submitted,
Linda Smulligan
Administrative Assistant
Dale Donovan, Chair Michael May Ira Wood
Helen Miranda Wilson Jerry Houk
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