Board of Selectmen
Library Meeting Room
March 28, 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 and Town Counsel Elizabeth Lane also attended.
The Board held a public hearing to consider the application from Catch of the Day for a seasonal wine and malt beverages restaurant license at 975 State Highway. Wood moved and May seconded a motion to grant a seasonal wine and malt beverages license to Catch of the Day, Peter V.R. Hall, manager. David Skiba, attorney for the applicant, indicated that the plan is to operate a seasonal fish market and restaurant. The Board voted unanimously in favor of the motion.
Announcements:
· Donovan announced that the 2005 Annual Town Reports are available and thanked Jeanne May of the Administration Office who organized the Report and Scott Ellis of the DPW for the cover photograph.
· Wood announced that the Barnstable County Human Rights Committee is looking for volunteers and that anyone interested in serving should contact Town Hall and that Amnesty Day at the Transfer Station is scheduled for April 8th.
· May announced that a rabies clinic is scheduled for April 1st at the Harbormaster’s Office from 10 a.m. to noon.
The Board held a public hearing to consider the application from Fobro, Inc., d/b/a Flying Fish Café, Kristen McDonald, manager, for a change of manager to Sarah Robin. On a motion by Wood, seconded by May, the Board voted unanimously to approve this application.
Announcements continued:
· Donovan announced that the Forum has scheduled a meeting on March 30th at 7 p.m. to discuss the proposed Charter changes.
The Board discussed:
a) Business Licenses – on a motion by Wood, seconded by May, the Board voted unanimously to approve the business licenses of Catch of the Day; Chequessett Yacht & Country Club; Glenn’s Gallery.
b) Renewal of Seasonal Liquor Licenses – on a motion by Wood, seconded by May, the Board voted unanimously to approve renewal of the following seasonal liquor licenses: Wellfleet Flea Market; Wellfleet Beachcomber; Captain Higgin’s Seafood Restaurant, Inc.; Winslow’s Tavern; Sweet Seasons, Inc.; Rookie’s, Inc.; Wellfleet Motel & Lodge, Inc.; V.R.’s, Inc.; Maurice’s Campground, Inc.; Wellfleet Marketplace, Inc.; Wellfleet Wine Cellar & Spirit, Inc.; Chequessett Yacht & Country Club, Inc.; Christine’s Oasis; Fobro, Inc.; Wellfleet Dairy Bar and Grill; Eric’s Seafood Restaurant, Inc.
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The Board held Shellfish Department public hearings. Wilson moved and Wood seconded a motion to approve ten year renewals for David H., Rachel and David A. Ernst for shellfish grant licenses #891 and #891-A; Robert W. Rowell, Philip Allain and Nora Clark Jennings for shellfish grant licenses #852, #852-A and #852-B; Michael Ramsdell for shellfish grant licenses #855 and #855-B; Stanley R. Kielb for shellfish grant licenses #751 and #7311 A & B; Steven B. Paine and David O. Paine for shellfish grant licenses #851, #861B and #863; Russell Junkins for shellfish grant license #89-4; Tobin Storer for shellfish grant licenses #811 and #811A; Jeffrey H. Cox for shellfish grant license #862; Charles and Ruth Reaves and Bill Chapman for shellfish grant licenses #861 and #861A; John Connors and Fred Richard for shellfish
grant licenses #853, #853A, #853B and #853C. Donovan noted that the Shellfish Constable could not attend this meeting due to illness but had recommended approval of these renewals. The Board voted unanimously in favor of the motion. On a motion by Wilson, seconded by Wood, the Board voted unanimously to approve the application of Molly Benjamin for renewal of shellfish grant license #95-25 for a five year period. Wilson moved to accept the additions to the Definitions (of the Town of Wellfleet Shellfishing Policy and Regulations) as written. Wood suggested that the Board wait on this section of the hearing for the Shellfish Constable to be present. On a motion by Wood, seconded by Wilson, the Board voted unanimously to continue this section of the hearing to its meeting of May 23, 2006 at 7 p.m.
The Board continued discussion:
c) STM/ATM Warrant Articles:
o Wood read the “Statement from the Board of Selectmen” from the draft warrant.
o Article for design funds for new Fire Station – Wilson suggested that language be included in the article explanation noting that the ballot question relative to this article had passed at the fall, 2005 election. The Town Administrator will draft this language.
o STM
§ Article 1 (transfers) – on a motion by Wood, seconded by May, the Board voted unanimously to recommend this article.
o ATM
§ Article for disposal of Town property – on a motion by Wood, seconded by Wilson, the Board voted unanimously to recommend this article.
§ Zoning Bylaw articles – the Town Administrator noted that a numbering issue will be addressed with the Planning Board Chair.
§ Scenic Roads Bylaw article – the Town Administrator read the proposed amended language.
§ List of private roads to be plowed – the Town Administrator noted the additional language in the title.
§ Article for Charter amendments – Donovan moved and May seconded a motion to recommend indefinite postponement of this article. Discussion included the process, Town Counsel’s recommendations and scheduling a special town meeting to address Charter amendments. Donovan withdrew his motion with permission of the seconder.
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§ Pre-Town Meeting – there was consensus to schedule a Pre-Town Meeting on April 18th.
d) Request to Use Town Property from Neil Redlener – Donovan noted the Board’s Policy on Use of Town Property and suggested that it would be inappropriate to require that Mr. Redlener supply liability insurance relative to his request to use the Recreation tent on June 9th for a wedding rehearsal dinner. Town Counsel recommended that the Town’s insurer be contacted to see if there is adequate coverage. There was consensus that if the Town’s insurer advises that there is sufficient coverage, this event be allowed to go forward.
Correspondence – Wood presented the correspondence report:
· Letter from Katie Sugg regarding an unfriendly dog incident – noted that no complaint was filed.
· Letter from the Town Administrator to Cape Cod Child Development regarding CCCD property near Wellfleet Elementary School – the Town Administrator indicated that he has not as yet received a response.
· Letter from Harry Parkington offering to sell the Town land for affordable housing – it was requested that this letter be forwarded to the Local Housing Partnership, Housing Authority and Community Preservation Committee.
Open Session:
· A member of the audience addressed the Board about the state statute on the plowing of private roads – Donovan noted that the statute had been accepted by the Town in 1982.
· Houk requested information on Shakespeare’s Café – it was noted that this function is through the Senior Center.
· David Rego addressed the Board regarding a tree limb that is leaning on an electric line on Howland Lane and that both NSTAR and the DPW has informed him that it is the other’s responsibility – the Town Administrator will look into this matter.
· Dan Silverman reminded the Board of its request that he step down as moderator (due to his appointment as Fire Chief) suggested that a blank ballot might not be best. The Board discussed the pros and cons of this suggestion. He outlined the requirements of “Nicole’s Law”.
At 8:36 p.m. Donovan moved and Wood seconded a motion to enter executive session to discuss litigation and contract negotiations and to reconvene in open session. Several Board members indicated that they wished to discuss the issue of the Transfer Station Gate Attendant position in open session. Town Counsel reminded the Board of its option to discuss strategy with respect to litigation in executive session and that the Board may not wish to strategize in public session. On a motion by Donovan, seconded by Wood, the Board voted unanimously at 8:38 p.m. on a roll call vote (Houk, Wilson, May, Wood, Donovan – yea) to enter executive session to discuss contract negotiations and strategy relative to litigation and to reconvene in open session to discuss the remainder of the agenda.
The Board reconvened in open session at 10:10 p.m.
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On a motion by Wilson, seconded by May, the Board voted unanimously to approve the minutes of March 14, 2006 with one amendment.
On a motion by Wilson, seconded by May, the Board voted 4-0-1, with Houk abstaining (he had not attended the meeting) to approve the minutes of March 21, 2006 as printed.
There was consensus to meet on April 11 and 18.
On a motion duly made and seconded, the Board voted unanimously to adjourn at 10:13 p.m.
Respectfully submitted,
Linda Smulligan
Administrative Assistant
Dale Donovan, Chair Michael May Ira Wood
Helen Miranda Wilson Jerry Houk
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