Board of Selectmen
Library Meeting Room
May 23, 2006
Minutes
The meeting was called to order at 7:00 p.m. by Chairman Dale Donovan. Selectmen present included Michael May, Jacqueline Beebe, Ira Wood and Jerry Houk. Town Administrator Tim Smith also attended.
The Board held the following Shellfish Department public hearings consecutively. Shellfish Constable Andy Koch presented his recommendations.
· Recommendation to revoke Karl Barrio’s commercial shellfish permit – Donovan outlined the procedure for this hearing. The Shellfish Constable reviewed the incidents - on March 24, 2006 he noticed Karl Barrio dragging north of the no drag line, found his catch to contain 17% seed and issued two non-criminal violations; on May 10, 2006 he checked Mr. Barrio’s catch again and found, after cleaning up the catch, that it contained 16% seed; on May 12, 2006 he noticed that after measurement, Mr. Barrio’s grant is thirty feet wider than it should be. He noted that Mr. Barrio has been issued numerous warnings and citations,
including a three day suspension of his commercial permit last year. Mr. Barrio requested that the Board postpone this hearing until his legal counsel can be present noting that the notice of this hearing had been mailed to the wrong address and he had not received it until this past Saturday. May disclosed that he holds a commercial shellfish permit. Barbara Austin, Chair of the Shellfish Advisory Committee, indicated that rules are established and should be followed fairly. May suggested that this hearing be continued and that Mr. Barrio’s permit be suspended until that time. The Shellfish Constable indicated that Mr. Barrio would not be banned from working his grant. On a motion by Donovan, seconded by May, the Board voted unanimously to continue this hearing to June 13, 2006 at 8:00 p.m. and that Mr. Barrio’s commercial permit be revoked until that public hearing.
· Continuation of public hearing of March 28, 2006 to amend the Town of Wellfleet Shellfishing Policy and Regulations by adding to: Definitions, Section 6, Section 9, Section 13 and Section 14 – the Shellfish Constable reviewed the proposed amendments noting the addition of a definition of “(To) Land”; addition of Section 6.2 regarding disposition of an available grant certified by DMF; amendment of Section 9.1.12 to require that all draggers land their catch at the Town pier; and amendment of Section 14.1.3.2 by adding that a public hearing to appeal a commercial permit revocation be held within 30 days. On a motion by Wood, seconded by
May, the Board voted unanimously to accept the changes proposed by the Shellfish Constable and the Shellfish Advisory Committee.
· On a motion by Wood, seconded by Houk, the Board voted unanimously to approve 1) the application from Berta Bruinooge to transfer shellfish grant license #771 from Jacob and Berta Bruinooge to Berta Bruinooge and Evan K. Bruinooge; 2) application from Robert LaPoint for a two acre shellfish grant at Indian Neck between shellfish grant licenses #85-J-A and #01-02; application from Todd and Holly LeBart for a 1.9 acre extension of shellfish grant licenses #85E and #85EA; application from Matthew Parent to renew shellfish grant license #01-03 for a five year period; application from Fred S. Richard to transfer shellfish grant license #892 from Fred S. Richard to Fred S.
Richard and Rose Richard, and to renew shellfish grant license #892 for a ten year period.
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Announcements:
· Donovan announced that Wellfleet Elementary School will be celebrating literacy in its annual parade scheduled for 1:30 p.m. on May 26 at Town Hall.
· Donovan announced that the annual Memorial Day service scheduled for May 31 at 9 a.m. at Town Hall will be followed by a reception in Town Hall hosted by the Board of Selectmen to view the World War II plaque and that refreshments will be served.
· May announced that removal of the rock revetment at Skaket Beach has begun and that the rocks are being hauled to the Wellfleet sandpit for future use of the Marina rehabilitation project noting that procurement of the rock is a great savings to the Enterprise Fund and the Town.
The Board discussed:
a) NRAB: Harbor Management Plan - the Board met with John Riehl, Chair of the Natural Resources Advisory Board, who formally presented the Harbor Management Plan to the Board. He noted that the Plan is the result of two years of meetings with the final report being issued this past January. He reviewed the topics covered in the plan noting that many of the recommended actions are already under way. He noted that the Massachusetts Estuaries Project is evaluating nutrient loading in the Harbor and that $120,000 is needed to complete the project which the Assistant Town Administrator is pursuing through grant funds. He asked the Board for support of the plan. On a motion by Wood, seconded by Houk, the Board voted unanimously to accept the Harbor Management Plan with thanks and
admiration for the Committee’s hard work. He announced that this year’s Wellfleet Harbor Conference is scheduled for Saturday, November 4 at 8:30 a.m. at the Senior Center.
b) Update from the Herring River Technical Committee – the Board met with Gordon Peabody, Chair of the Herring River Technical Committee, who updated the Board on the status of the Committee’s work to design a comprehensive restoration plan. Discussion included design oversight, the need for a second MOU setting out roles and responsibilities of entities, impact of the project on South Truro and involving them in the process, engaging a consultant to be paid by monies available through the National Park Service and the roles of the Technical and Stakeholders committees. He noted that there is a vacancy on the Committee and suggested consideration of a representative from Truro.
c) Requests to Use Town Property:
· Wellfleet Harbor Actors’ Theatre – Chris Huge met with the Board and outlined the request. Wood disclosed that he is on the W.H.A.T. Board. On a motion by May, seconded by Houk, the Board voted unanimously to approve the request of the Wellfleet Harbor Actor’s Theatre to use the Baker’s Field tent area, nearby field, and/or tennis court for signage, from July 9 through August 30, from Sunday through Wednesday evenings from 6:30 p.m. to 9:30 p.m. for performances of the 2006 W.H.A.T. for kids production for a fee of $2,000 to be paid in two installments of $1,000 in July, 2006 and $1,000 in August, 2006.
· Wellfleet Historical Society: Strawberry Festival – on a motion by Wood, seconded by May, the Board voted unanimously to approve the request of the Wellfleet Historical Society to use the park behind the 335 Main Street property on June 18 from 12 to 4 p.m. for the annual strawberry festival.
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· Liza Caruso: Democratic Committee – Wood moved and Houk seconded a motion to approve the request of the Democratic Committee to use the Town Green from June through November on Saturday mornings from 9 a.m. to 12 noon for a table for information for voting and Democratic candidates. Houk disclosed that he is a member of the Democratic Committee. The Board voted unanimously in favor of the motion.
d) Business Licenses – Wood moved and May seconded a motion to approve the business licenses of DJ Conte/Ken Parks (Maguire Landing); Eric’s Seafood Restaurant; The Eclectic Company; Jack’s Boat Rentals, Inc. (Gull Pond); Ocean Reef Gifts. Joann Burdick inquired as to the status of her license application for the Burdick Gallery. Jeanne Maclauchlan of the Administrative Office was in the audience and indicated that the approved application had just been returned to the Office. Wood amended the motion to include approval of the Burdick Gallery subject to completion and review per the business license process. The Board voted unanimously in favor of the amended motion.
e) Board of Selectmen FY 2006-2007 Meeting Schedule – Donovan announced that the June, July and August Board meetings will be held at the Senior Center.
f) Request for Exemption from Noise Bylaw – on a motion by Wood, seconded by May, the Board voted unanimously to grant an exemption from the noise bylaw to 11 p.m. to Victoria Bell on June 3, 2006 for her wedding reception at the Holden Inn.
g) Town Administrator Appointments – the Town Administrator indicated his appointment of Jeanne May as the part-time Secretary to the Health/Conservation and Building Departments and noted the lists of seasonal personnel for the DPW and Beach Departments distributed to the Board.
h) Meet with Finance Committee - Wood noted that the Finance Committee wishes to meet with the Board to discuss ten year budget projections – there was consensus to schedule this discussion for the June 27 Board meeting.
i) May noted the Town Administrator’s memo regarding the use of Town-owned vehicles and asked whether Board members wished to discuss the recommendations – Donovan suggested that this matter be discussed at a later date in conjunction with the Charter.
j) Goals discussion – Wood noted that John Makely has submitted copies of the minutes of last year’s goal setting session.
Beebe presented the correspondence report noting the letter from the Citizen Planner Training Collaborative regarding the award of a certificate to Dennis O’Connell for having completed their core curriculum for planners and the letter from the Town of Orleans confirming Wellfleet Night at the Orleans Cardinals Game for Thursday, June 29 at 7 p.m.
Open Session:
· The Town Administrator noted Police Chief Rosenthal’s recommendation for appointment of a Relief Dispatcher – on a motion by Houk, seconded by Wood, the Board voted unanimously to appoint Susan L. Williams as a Relief Dispatcher for the Communications Department.
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· Houk noted information from the MMA Bulletin regarding project manager services being considered local mandates – the Town Administrator indicated that he had pursued this matter and it is too late for the proposed fire station project but may be used in the future for the police station project.
· Houk commented on the need for new and to improve existing sidewalks.
· Joel Fox addressed the Board regarding the October, 2004 hearing to amend shellfish grant licenses #739 and #754 to add the name of Michael Parlante to grant #739. He noted that at the hearing he had placed a map on the table and explained that in order to accommodate Mr. Parlante the grant boundaries needed to be changed. He indicated that in March, 2006 he received notice that the Shellfish Constable had issued a new map and license and had subsequently informed him that he must remove his shellfish from a 150’ x 150’ area. He questioned the propriety of changing a license after it is issued. Donovan indicated that what was before
the Board in 2004 was the addition of Mr. Parlante’s name to the grant which was approved and still in effect, and suggested that Mr. Fox review the minutes and public hearing notice.
· Houk noted that the Charter Review Committee will be meeting twice a month and asked that suggestions be submitted.
On a motion by Wood, seconded by Beebe, the Board voted unanimously to approve the minutes of May 9, 2006 as drafted.
On a motion by Wood, seconded by May, the Board voted unanimously at 9:12 p.m. on a roll call vote (Wood, May, Beebe, Houk, Donovan – yea) to enter executive session to discuss contract negotiations with non-union personnel and not to reconvene in open session.
Respectfully submitted,
Linda Smulligan
Administrative Assistant
Dale Donovan, Chair Michael May Jacqueline Beebe
Ira Wood Jerry Houk
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