Board of Selectmen
Library Meeting Room
March 14, 2006
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.
Donovan noted that the public hearing scheduled for 7:00 p.m. this evening has been postponed to a later date.
The Board met with Town Clerk/Treasurer Dawn Rickman who updated the Board on the recent bond sale for the permanent note for the landfill closing, front-end loader and six-wheel dump truck. On a motion by Donovan, seconded by Wood, the Board voted unanimously to approve the bonds as outlined by the Town Treasurer. The Board signed the notes.
At 7:10 p.m. the Board held a public hearing to consider the application from C.M. Williams Corp., d/b/a The Juice, Charter Williams, manager, for a seasonal all alcoholic restaurant license. Wood read the public notice. Wood read the letters from Richard and Bonnie Robicheau regarding septic and parking issues and from Michael Lee, in support of the application. The comment from the Health/Conservation agent on the application processing form that the septic (cesspools) is near the end of its useful life was noted. Donovan moved and Wood seconded a motion to approve this liquor license. Mr. Williams indicated that the septic company had explained to the Health/Conservation Agent that he has a “working system”. Discussion included parking issues – Mr. Williams
indicated that he will work with the Robicheaus and would be willing to station an employee to monitor customer parking; and all alcoholic vs. beer and wine license – Mr. Williams indicated that he intended to serve beer and wine only his first year and spirits at a future date. A motion by Wilson to grant this license on the condition that the Health Agent do a mandatory inspection in July and August of this year was withdrawn. The Board voted unanimously in favor of the motion to approve this liquor license. On a motion by Wilson, seconded by Donovan, the Board voted unanimously to direct the Town Administrator to direct the Health Agent to check the septic system of The Juice in July and August at her convenience.
Announcements:
· The Town Administrator announced that the Chamber of Commerce has requested that amnesty day be scheduled for April 8. On a motion by Houk, seconded by Wilson, the Board voted unanimously to approve April 8th for amnesty day.
· May, as representative to the Cape Light Compact, announced that Wellfleet Elementary School is the recipient of a grant from the Mass. Technology Collaborative.
· Donovan announced that the Billingsgate basketball tournament is scheduled for this upcoming weekend and that they are still looking for volunteers.
· Interim Fire Chief Dan Silverman announced that the Fire Department will be conducting informational seminars on Nicole’s law which requires carbon monoxide detectors as of April 1 in all habitable floors of any residences which burn fossil fuel.
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The Board discussed:
a) The Board met with Town Clerk/Treasurer Dawn Rickman regarding:
· Holiday celebration monetary awards – she requested that the Town issue certificates instead of monetary awards for Town functions, i.e. the 4th of July parade, noting that recipients of the awards are not cashing the checks. Bob Morrill of the Chamber of Commerce concurred.
· Tax Work-off Program Policy Revision – the Board discussed the proposed revision. On a motion by Wood, seconded by Wilson, the Board voted unanimously to approve the amendments to this policy.
b) DPW Grievance response – discussion included whether or not this matter may go to arbitration. Wood moved and Wilson seconded a motion to deny this grievance. May disclosed that his wife is a member of the WEA. Wilson disclosed that the person that she lives with is a member of the WEA but not in this unit. The Board voted unanimously in favor of the motion.
c) Committee Appointments:
· Health Care Campus Committee – the Board discussed the Health Care Campus Committee charge drafted by Donovan. Wilson moved and May seconded a motion to accept the charge as drafted by the Chair. On a motion by Donovan, seconded by Wood, the Board voted 4-1, with Wilson voting against, to amend the charge by inserting “at least” before “seven persons”. The Board voted unanimously in favor of the original motion as amended. Wilson moved and May seconded a motion to appoint Sheila Lyons to the Health Care Campus Committee. Wood moved and May seconded a motion to amend the motion to include Olga Kahn, Libbie
Lederstein, Joseph Archambault, Jacqui Wildes Beebe, David Ricketts, Barbara Gray, Joan Platt, David Hale, Henry Tuttle and Suzanne Thomas. The Board voted 4-1, with Wilson voting against, in favor of the motion as amended.
· Conservation Commission – Wilson moved to appoint Lonni Briggs to the Conservation Commission. Cyndi Moe noted that there was a possibility of another applicant coming forward. There was consensus to delay the appointment and Wilson withdrew her motion.
· Cape Light Compact – on a motion by May, seconded by Wilson, the Board voted unanimously to reappoint Olga Kahn to the Cape Light Compact.
· 335 Main Street Committee – the composition of the Committee was discussed. Wilson offered to draft a new charge to be discussed at the next Board meeting.
· Cape Cod Commission – the letter from Alan Platt regarding his reappointment as Wellfleet representative to the Cape Cod Commission was noted. Mr. Platt indicated his willingness to continue to serve. On a motion by Wood, seconded by May, the Board voted unanimously to reappoint Alan Platt for another term on the Cape Cod Commission and to thank him for his previous work on the Commission.
· Local Housing Partnership – on a motion by Houk, seconded by Wilson, the Board voted unanimously to appoint Steve Durkee to the Local Housing Partnership.
d) NIMS Certification – on a motion by May, seconded by Wood, the Board voted unanimously to adopt the National Incident Management System (NIMS) as the standard for the Town of Wellfleet.
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e) Requests for Extension of Noise Bylaw (Philip Higgins and Theodore Trevens) – on a motion by Wood, seconded by Houk, the Board voted unanimously to grant one hour extensions from the Noise Bylaw to Philip Higgins and Theodore Trevens on June 24, 2006 and June 17, 2006 respectively for wedding receptions at the Holden Inn.
f) Requests to Use Town Property:
· Neil Redlener – the memo from the Recreation Department indicating that Mr. Redlener is willing to pay half of the $800 fee to put up the tent if this application is approved was noted. On a motion by Houk, seconded by Wilson, the Board voted 4-1, with Donovan voting against, to approve the request of Neil Redlener to use the area across from Mayo Beach to the right of the Recreation office in front of the playground (where the tent is in the summer) on June 9th from 5-10 p.m. and to require $1,000,000 in insurance.
· Wellfleet Gardners – on a motion by May, seconded by Wood, the Board voted unanimously to approve the request of the Wellfleet Gardners to use the right hand side of the Town Hall entrance way on Saturday, May 27, 2006 from 7 a.m. to 1 p.m. with a rain date of May 28, 2006 for a plant sale.
g) Business Licenses – Wood disclosed that Mac Hay is his landlord and that he has no other relationship or interest in Mr. Hay’s business. On a motion by Wood, seconded by Wilson, the Board voted unanimously to approve the business licenses of Consider the Lilies, Inc.; Davis Gallery; Mac’s Seafood Takeout; Mac’s Seafood Market; Wellfleet Furniture and Cabinet Shop; Erin H.
h) Gutsy Bender Land Acquisition – Donovan reviewed the actions to date. Wood moved and Donovan seconded a motion to direct the Town Administrator to execute a purchase and sales agreement to purchase the Gutsy Bender property for a new fire station. Discussion included the Fire Department’s careful review of the proposal, Cape Cod Five’s condition that the Town agrees to sell the property back to the Bank if a facility is not constructed within an agreed upon timeframe and the Bank’s request for an understanding with the Town that the Town will explore the prospect of placing an ATM machine on this property. On the motion the Board voted 4-1, with Houk voting against.
i) STM/ATM:
· STM Articles:
o Rescind borrowing provisions – on a motion by Wood, seconded by May, the Board voted unanimously to recommend this article.
· ATM Articles:
o Operating budget – on a motion by Wood, seconded by May, the Board voted unanimously to recommend this article.
o Capital budget – the Town Administrator explained the approximately $5,500 increase in this budget due to borrowing costs. On a motion by Wood, seconded by May, the Board voted unanimously to recommend this article.
o Marina Enterprise Fund budget – on a motion by Wood, seconded by Wilson, the Board voted unanimously to recommend this article.
o Chamber of Commerce – on a motion by Houk, seconded by Wood, the Board voted unanimously to recommend this article.
o Fireworks – on a motion by Houk, seconded by Wilson, the Board voted unanimously to recommend this article.
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o FLEX Route – discussion included the Finance Committee’s recommendation that an override for funding this article be avoided. On a motion by Houk, seconded by Donovan, the Board voted unanimously to recommend this article.
o Road grader – on a motion by Wood, seconded by Wilson, the Board voted unanimously to recommend this article.
o Authorization to lease Town property at beaches – on a motion by Wood, seconded by May, the Board voted unanimously to recommend this article.
o Stabilization Fund – on a motion by Wood, seconded by Wilson, the Board voted unanimously to recommend this article.
o Chapter 32B, § 18 – on a motion by Wood, seconded by May, the Board voted unanimously to recommend this article.
o Chapter 90 – on a motion by Wood, seconded by May, the Board voted unanimously to recommend this article.
o CPA funds – on a motion by Wood, seconded by May, the Board voted unanimously to recommend this article.
o Intermunicipal agreement for mutual aid for public health services – on a motion by Wood, seconded by Wilson, the Board voted unanimously to recommend this article.
o Zoning: amend Section IX, Overlay Districts, add Section 9.2 – on a motion by Wood, seconded by May, the Board voted unanimously to recommend this article.
o Zoning: amend Section VI, General Regulations, Section 6.3.13 – on a motion by Wood, seconded by May, the Board voted unanimously to recommend this article.
o Zoning: amend Section VI, General Regulations, Section 6.11 – on a motion by Wood, seconded by Wilson, the Board voted unanimously to recommend this article.
o Zoning: amend Section V, Uses, Section 5.4.2 – on a motion by Wood, seconded by May, the Board voted unanimously to recommend this article.
o Zoning: amend Section VI, General Regulations, Section 6.3 – on a motion by Wood, seconded by May, the Board voted unanimously to recommend this article.
o General Bylaws: amend Article VII, General, add Section 44 – on a motion by Wood, seconded by Wilson, the Board voted unanimously to recommend this article.
o General Bylaws: amend Article VII, General, Section 37, Penalties and Enforcement – on a motion by Wood, seconded by Wilson, the Board voted unanimously to recommend this article.
o Accept provisions of G.L. Chapter 71, §16B; accept gifts; authorize Town Collector and Treasurer when appointed Collector; indemnify DEP; hear reports – on a motion by Wood, seconded by Wilson, the Board voted unanimously to recommend these articles.
o Sweeper – on a motion by Wood, seconded by May, the Board voted unanimously to recommend this article.
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o Additional DPW position – on a motion by Wood, seconded by Wilson, the Board voted 3-1-1, with Houk voting against and May abstaining, to recommend this article.
o Snow removal on private roads, contract services and materials – on a motion by Wood, seconded by May, the Board voted 4-0-1, with Houk abstaining, to recommend this article.
o Cape Care Universal Health Care Proposal – on a motion by Wood, seconded by May, the Board voted unanimously to recommend this article.
o Resolution urging cessation of combat operations in Iraq – on a motion by Wood, seconded by Wilson, the Board voted 4-0-1, with Donovan abstaining, to recommend this article.
o Support Mashpee Wampanoag petition for federal recognition – on a motion by Wood, seconded by Wilson, the Board voted 3-0-2, with May and Donovan abstaining, to recommend this article.
o Lower/Outer Cape Community Coalition – on a motion by Wood, seconded by May, the Board voted unanimously to reserve recommendation to Town Meeting.
o Juice Bar – on a motion by Wood, seconded by May, the Board voted 4-1, with Houk voting against, not to recommend this article.
o Purchase Consider the Lilies property – a motion by Houk to recommend this article was not seconded. On a motion by Wood, seconded by Donovan, the Board voted 4-1, with Houk voting against, not to recommend this article.
o Charter amendments – on a motion by Wood, seconded by Houk, the Board voted 3-2, with Donovan and May voting against, to reserve recommendation to Town Meeting.
o Standard last article – on a motion by Wood, seconded by May, the Board voted unanimously to recommend this article.
o Design funds for new fire station – on a motion by Wilson, seconded by Wood, the Board voted unanimously to place this article on the ATM warrant. On a motion by Wood, seconded by May, the Board voted 4-0-1, with Houk abstaining, to recommend this article.
There was consensus to schedule a Board meeting for March 21st.
The meeting was recessed at 9:28 p.m. and called back to order at 9:36 p.m.
The Board discussed the appointment of a new Fire Chief. Donovan reviewed the process; discussion included the scoring of the assessment center. Each Board member discussed his personal preferences. Wood moved and Houk seconded a motion to nominate Daniel Silverman as the next Fire Chief of Wellfleet. It was suggested that Mr. Silverman consider stepping down as Moderator after this town meeting. The Board voted 3-2, with Wilson and Donovan voting against, in favor of the motion.
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Open Session:
· Assistant Town Administrator, Rex Peterson, requested that the Board sign the Geiger property management plan noting that this is the final stage to receive reimbursement for the property and that it has been approved by the Conservation Commission and the Open Space Committee. Wood moved and Donovan seconded a motion to accept the plan. Wilson indicated that she wished to review the plan. Wood withdrew his motion.
On a motion by Wood, seconded by Wilson, the Board voted unanimously to approve the minutes of February 28 as drafted.
There was consensus to meet on March 21, April 4 and April 18.
Future Meetings/Agendas – discussion of the Harbor Management Plan was suggested.
On a motion by Wood, seconded by Wilson, the Board voted unanimously at 10:24 p.m. on a roll call vote (Houk, Wilson, May, Wood, Donovan – yea) to enter executive session to discuss strategy relative to litigation and contract negotiations 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
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