Board of Selectmen
Senior Center
July 11, 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 a public hearing to consider the application of Jeanne M. Woodes of On the Creek Café for a one day beer and wine license. Ms. Woodes was in attendance and noted that the event is scheduled for July 24 and is an opening night party for the W.H.A.T. Theater at the On the Creek Café. On a motion by Houk, seconded by Wood who disclosed that he is on the board of W.H.A.T., the Board voted unanimously to grant this license.
Announcements:
· Donovan announced the table-top simulation activity to look into ways to cope during a possible pandemic scheduled for August 25 from 9 a.m. to 1 p.m. at the Wellfleet Elementary School cafeteria and outlined upcoming Recreation Department events.
The Board discussed:
a) FY 2006 Transfers – the Town Administrator reviewed the proposed transfers. On a motion by Wood, seconded by Beebe, the Board voted unanimously to approve the FY 2006 transfers.
b) Business Licenses – Donovan indicated that he will recuse himself relative to the Close Enough Charters business license. On a motion by Wood, seconded by May, the Board voted unanimously to approve the business licenses of Flying Fish Café (weekday entertainment), Specialty Charters and Pie on the Fly. On a motion by Wood, seconded by May, the Board voted unanimously 4-0, with Donovan recusing, to approve the business license of Close Enough Charters.
c) Request for Appointment of Assistant Emergency Management Director – on a motion by May, seconded by Houk, the Board voted unanimously to appoint Fire Chief Daniel Silverman as the Assistant Emergency Management Director.
d) Requests to Use Town Property:
o White Crest Meteorological Tower – May, as the Board’s liaison to the Alternative Energy Committee, outlined the request noting that this is the first step in determining whether there is enough wind. On a motion by Wood, seconded by Houk, the Board voted unanimously to approve the request of the Alternative Energy Committee to use the southwest corner of the Whitecrest parking lot, parking lot west of Ocean View Drive, from August, 2006 – August, 2007 for installation of a meteorological tower for collection of wind data.
o Eric Gustafson/Fun Seekers – discussion included charging a fee for this use; it was noted that a previous applicant for the use of White Crest Beach for surfing instruction, which was approved by the Board, was not charged a fee. On a motion by Wood, seconded by Beebe, the Board voted unanimously to approve the request of Eric Gustafson/Fun Seekers to use White Crest Beach at the low tide window from May – October for surfing instruction.
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Wood left the table.
o Tracy Bennett Stewart/Viewfinder Productions – Tracy Bennett Stewart explained the request and offered the Town a $350 location fee. Donovan noted that parking fees would need to be paid by the applicant. Wood rejoined the Board. On a motion by Houk, seconded by May, the Board voted 4-0-1, with Wood abstaining, to grant this request subject to a fee of $350. Ms. Stewart was asked to make Beach Administrator Steve Larsen aware of the exact hours for this activity and to submit a certificate of insurance, with the Town listed as an additional insured, to the Administration Office.
The Board held the continuation of the public hearing on the recommendation to revoke Karl Barrio’s commercial shellfish permit. Donovan outlined the hearing process. The Shellfish Constable outlined the violations issued to Mr. Barrio noting a 3 day license suspension in 2005, two non-criminal citations issued in March, 2006 for dragging over the no-drag line and possession of 17% seed in his catch and a license revocation in May, 2006 for possession of 16% seed in his catch. He also noted that, after inspection, Mr. Barrio’s grant is thirty feet wider than it should be. Attorney Bill Henchy, representing Mr. Barrio, submitted a memo to Board members and the Shellfish Constable and indicated that Mr. Barrio denies that he is in violation of the shellfish regulations, denies any pattern
of abuse and denies that the Town has the right to revoke his shellfish permit. He objected to the procedure in this matter noting that Mr. Barrio has been without his permit since May 23rd without an opportunity to be heard, that the date on the citation is illegible and that the letter informing Mr. Barrio of the initial hearing date was misaddressed and arrived the day before the hearing. Mr. Henchy took issue with the Town’s regulation allowing for license revocation subject to appeal, the seed possession allegation noting that Mr. Barrio possesses a seed permit and that there is no evidence of the violation, the Shellfish Constable’s interpretation of “landed” catch, the subjectivity in determination of a violation of the no-drag line due to a lack of GPS coordinates and the personal nature of the Shellfish Constable’s report. He requested that the Board reinstate Mr. Barrio’s commercial permit this evening.
The Shellfish Constable displayed a map of the no-drag line area and indicated where he was situated when he judged that Mr. Barrio was over the line. He noted that there are no open areas for seed picking in Wellfleet and that seed picking by dragging is not allowed, that Mr. Barrio is a veteran fisherman and knows where the no-drag line is situated and that his letter to the Board regarding Mr. Barrio was intended to be informational for Board members. Nate Johnson, Robert Koch, Barbara Austin, Maryellen Manning and Molly Benjamin commented. Karl Barrio addressed the Board apologizing that this matter went this far. Donovan reviewed the Board’s options. Wood indicated that he would like an opportunity to read the memo submitted by Mr. Henchy. On a motion by Donovan, seconded by May, the Board voted unanimously to conclude the public portion of this hearing and to consult with Town Counsel and render a decision in two weeks on the
recommendation of the Shellfish Constable, but until that time, Mr. Barrio be allowed to resume shellfishing.
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The Board continued discussion:
e) Property Loan Agreement – the Town Administrator noted that this agreement is to borrow a met tower from the University of Massachusetts at Amherst. On a motion by Wood, seconded by Beebe, the Board voted unanimously to approve this loan agreement.
f) Goals Review/Update – there was consensus that Board members submit dates when they are not available to meet.
g) Further Discussion: Snow Removal Policy - discussion included road maintenance agreements, establishing a committee on criteria for plowing of private roads and the proposed brush back distance for private roads to be plowed.
Beebe noted the correspondence report.
Open Session:
· The Town Administrator indicated his appointment of Robert Granville as an Assistant Harbormaster.
On a motion by Wood, seconded by May, the Board voted 4-0-1, with Houk abstaining (he had not attended the meeting), to approve the minutes of June 27, 2006 as drafted.
On a motion by May, seconded by Wood, the Board voted unanimously at 9:06 p.m. on a roll call vote (Houk, Beebe, May, Wood, Donovan – yea) to enter executive session to discuss the purchase of real property and to reconvene in open session.
The meeting was called back to order by Chairman Donovan at 9:24 p.m. The Board signed the loan agreement with the University of Massachusetts at Amherst for a met tower, the purchase and sale agreement for the “Gutsy Bender” property and the acceptance of deed document for the purchase of the “Gutsy Bender” property.
On a motion duly made and seconded, the Board voted unanimously to adjourn at 9:29 p.m.
Respectfully submitted,
Linda Smulligan
Administrative Assistant
Dale Donovan, Chair Michael May Jacqueline Beebe
Ira Wood Jerry Houk
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