Town of Wellfleet - Board of Selectmen
Library Meeting Room
December 12, 2006
Regular Meeting - Minutes
The meeting was called to order at 7:00 p.m. by Chairman Dale Donovan. Selectmen present included Jacqueline Wildes-Beebe, Ira Wood, and Michael May. Town Administrator Tim Smith also attended. Jerry Houk was excused.
Public Statements
Wellfleet Exit Audit
Represented by Richard Sullivan from Powers & Sullivan. Mr. Sullivan gave an overview of the annual audit, August 2006.
Public Hearing
Michael May stepped down.
Appeal
1. Brent Valli requesting an appeal of decision made by the Wellfleet Harbormaster.
Represented by Brent Valli, making the appeal. Town Administrator Tim Smith represented the Harbormaster. Mr. Smith does not believe that this is an issue that can be appealed before the Board. The violation cited to Mr. Valli by Mr. Flanagan, regarding placement of a barge within a designated resource area is a state violation not a town violation, yet is enforced by town agents. The Town Administrator gave a few options as to where the barge could be moved to become within compliance, or how Mr. Valli could receive approval from various town and State agencies to keep the barge in the current location.
Mr. Valli stated that he had received permission from the Harbormaster to keep the barge in that particular location in the past. Not until 2005 did Mr. Flanagan request Mr. Valli to remove the barge. In the mooring regulations there is a prohibition of anchoring barges in the mooring area, where the Harbormaster requested Mr. Valli to place the barge.
Sandra Mitchell stated that for the past 5 years there have been no problems with placing the barge in the current location.
Mr. Smith stated that the barge was placed last year on the pier.
Mr. Donovan stated that there are other vessels in similar locations, placed within resource areas. If all vessels are in violation, all violations must be corrected.
MOTION: To move that the Board of Selectmen vote that orders of the Harbormaster or other town agencies from the removal of boats, vessels or rafts be held in abeyance until such time as the Marina Advisory Committee, Conservation Commission, and Shellfish Advisory Board work with the appropriate Department Heads to develop a policy for review and approval by the Board of Selectmen regarding the use of environmentally sensitive areas of the harbor for any all such crafts.
Motion by: Dale Donovan. Seconded by: Ira Wood. Yea 3 Nay 0.
Michael May rejoined.
License Renewals
Annual Alcohol Licenses
Bookstore & Restaurant Inc., The Lighthouse Restaurant, Seaside Liquors, Wellfleet Marketplace Inc., Wellfleet Spirits Shoppe Inc., Finely J.P.’s Inc., Farrell’s Market, Wellfleet Village Center, Inc., Wellfleet Texaco, and The Wicked Oyster
Boatyard
Wellfleet Marine Corp
Camps Cabin Motel with Entertainment
Southfleet Motor placeInn
Charter Boat
Close Enough Charters, Cocktales, Jac’s Mate, Outer Cape Sailing, Snooper Sport Fishing, and Specialty Charters
Class IV
Rose’s Auto Service
Common Victualer
The Best of the Wurst, Blue Willow Fine Foods, Boathouse Fish Market, Catch of the Day, Chequessett Yacht & Country Club, Cumberland Farms, Mac’s Seafood Takeout, Mac’s Shack, A Nice Cream Shop, On the Creek Café, PJ’s Family Restaurant, and Wellfleet Marketplace
Common Victualer with Camps Cabin Motel
Even’Tide Motel & Cottages, Mainstay Motor Inn, Maurice’s Campground and Wellfleet Motel & Lodge.
Common Victualer with Entertainment
Christine’s Oasis, Van Rensselaer’s, Wellfleet Beachcomber, Wellfleet Harbor Actors Theater, The Wicked Oyster, Winslow Tavern.
General Retail
AIM Thrift Shop, The Asparagus Shed, Bay Sails Marine, Beachcomber Store, Blue Heron Gallery, Boathouse Gift Shop, Burdick Gallery, Copy Caps, Cottontail Gallery, Farmhouse Antiques, Etc., Frances Francis, Gallery 5, Glenn ‘s Gallery, Herring River Gallery/Guests, Hinckley’s Corner Crafts, Jack’s Board Rentals, Luna Seas Studios, Jules Besch Stationers, Kendall Art Gallery/Wellfleet Frame, Kite Gallery, Mid Cape Home Centers, Mid Cape Home Centers, Mikan Gallery, Old Wharf Dory Co., Pickle & Puppy General Store, Robert’s Porsche-Mercedes Service, The Secret Garden, The Silkscreen & Sign Company, Wellfleet Chamber of Commerce, Wellfleet Crafts, Wellfleet Pottery, White’s Upholstery & Fabric Co. and Works Gallery.
General Retail with Food Service
Hot Chocolate Sparrow, Mac’s Seafood Market and Seabury Surf Gift Shop.
Pier Booth
Small Boat Services and Wellfleet Marine Corp.
Pier Booth with Food Service
Cape Mariner Excursions/Naviator
Ira Wood discloses that he is on the Board of W.H.A.T., and owner of Mac’s Seafood is his landlord.
Jacqui Beebe discloses that the owner of Mac’s Seafood is her partner’s landlord.
MOTION: To move that the Board of Selectmen vote to approve the all licenses printed above.
Motion by: Ira Wood. Seconded by: Michael May. Yea 4 Nay 0.
Presentations
1. Gary Delius representing Open Cape Wireless.
Open Cape is a digital, high speed pipe, to allow outer cape towns to communicate within emergency situations, and not be dependent upon the telephone line.
MOTION: To move that the Board of Selectmen vote to approve the proposed placeOpen Cape Wireless project by issuing a letter of support.
Motion by: Ira Wood. Seconded by: Jacqui Beebe. Yea 4 Nay 0.
2. Molly Kitchel representing AmeriCorps Cape Cod
Represented by Wes Court, Kyle House & Dave Keeney. Provides urban and rural areas education and services; natural resources management, emergency response, community education and volunteer engagement.
New Business
1. Shellfish Grant Name Transfer, adding Molly Mae Benjamin to Grant #95-25 & #95-26.
MOTION: To move that the Board of Selectmen vote to approve the addition, on condition that this goes before the Public Hearing process and have recommendation from the Shellfish Warden.
Motion by: Dale Donovan. Seconded by: Ira Wood. Yea 4 Nay 0.
2. Caroline Parlante representing The Bomb Shelter, requesting 2AM closing on New Year’s Eve, December 31st, 2006
MOTION: To move that the Board of Selectmen vote to approve 2AM Closing request.
Motion by: Michael May. Seconded by: Ira Wood. Yea 4 Nay 0.
2. Marusya Chavchavadze representing Aaron Rich Rd, requesting Board of Selectmen approval for DPW road maintenance.
Mr. Smith commented on that the first 2/10 of a mile of the road is maintained, but after that - it’s a matter of resources which is not available. Mr. Donovan stated that an evaluation should be submitted annually by the DPW director to the Board of Selectmen. Ms. Chavchavadze stated that previously the Town maintained the road, but has ceased.
MOTION: To move that the Board of Selectmen vote to continue maintenance on the first 2/10 of a mile on Aaron Rich Road until a better policy is set.
Motion by: Jacqui Beebe. Seconded by: Ira Wood. Yea 4 Nay 0.
3. Eric Jansen representing The Wicked Oyster, requesting temporary closure of establishment from December 3rd, 2006 to January 4th, 2007.
MOTION: To move that the Board of Selectmen vote to approve the closing of the Wicked Oyster.
Motion by: Ira Wood. Seconded by: Michael May. Yea 4 Nay 0.
4. Committee Appointments
Richard Wilike spoke in favor of John O’Hara to be appointed to Board of Health.
MOTION: To move that the Board of Selectmen vote to approve John O’Hara, Jr. to the Board of Health.
Motion by: Ira Wood. Seconded by: Michael May. Yea 4 Nay 0.
MOTION: To move that the Board of Selectmen vote to approve the Roger Putnam to the Zoning Board of Appeals as an Alternate member.
Motion by: Michael May. Seconded by: Ira Wood. Yea 4 Nay 0.
5. Commercial Slip Transfer from Richard Davis to William Young
Michael May discloses that he works at the Marina.
MOTION: To move that the Board of Selectmen vote to approve Commercial Slip transfer, conditioned that the slip remain a commercial slip.
Motion by: Michael May. Seconded by: Ira Wood. Yea 4 Nay 0.
6. Chequessett Yacht & Country Club Land Bank Purchase.
MOTION: To move that the Board of Selectmen vote to approve the Chequessett Yacht & County Club Land Bank Purchase.
Motion by: Ira Wood. Seconded by: Michael May. Yea 4 Nay 0.
7. Budget Process
Finance Committee is meeting on Thursday. Tim Smith will present the budget on the January 9th meeting.
8. Water System Contract
MOTION: To move that the Board of Selectmen vote to approve Environmental Partners to be contracted out for the Water System.
Motion by: Ira Wood. Seconded by: Michael May. Yea 4 Nay 0.
9. TA Evaluation.
Ms. Beebe would like space for board comments, within the evaluation.
Announcements
Jacqui Beebe would like to thank the town Hall Staff members who put on the Santa & Sing-a-long event on Friday December 8th.
Old Business
1. Conflicts of Interest – Wellfleet Preservation Hall, Inc. & 335 Main St.
MOTION: To move that the Board of Selectmen vote to determine that there is no substantial conflict of interest for a 335 Main Street committee member to be a Wellfleet Preservation Hall Board of trustee.
Motion by: Jacqui Beebe. Seconded by: Ira Wood. Yea 4 Nay 0.
Correspondence
1. Mary McFeely announcement of Claire Simmons retirement after 30 years of service.
MOTION: To move that the Board of Selectmen vote to present a certification of appreciation to Claire Simmons for 30 years of dedicated service.
Motion by: Dale Donovan. Seconded by: Ira Wood. Yea 4 Nay 0.
Open Session
Judy Taylor of the Housing Authority would like the BOS to meet with Truro, Eastham & Provincetown to begin a lobbing effort for Affordable Housing within the Seashore.
John Makely – Benchmark Report is available to use for assistance with other towns.
Minutes
1. November 28, 2006
MOTION: To move that the Board of Selectmen vote to approve the minutes of November 28th as written.
Motion by: Ira Wood. Seconded by: Michael May. Yea 4 Nay 0.
Future Meetings/Agendas
1. January 9, 2007
2. January 23, 2007
MOTION: To move that the Board of Selectmen enter executive session to discuss litigation, and not to reconvene in open session.
Motion by: Ira Wood. Seconded by: Michael May. Yea 4 Nay 0
Roll call (Beebe, May, Wood Donovan – yea)
The regular meeting adjourned at 9:18 p.m.
Respectfully submitted,
Elizabeth G. Hartsgrove
Executive Assistant
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