Board of Selectmen
Senior Center
July 25, 2006
Minutes
The meeting was called to order at 7:00 p.m. by Chairman Dale Donovan. Selectmen present included Michael May, Jacqueline Beebe and Jerry Houk. Selectman Ira Wood was absent. Town Administrator Tim Smith also attended.
The Board held the following Shellfish Department public hearings consecutively:
· Application from Steven Caminiti for a two acre extension of shellfish grant license #01-02, and to transfer shellfish grant licenses #01-02 and #01-02 ext. from Steven Caminiti to Steven Caminiti and Laura Caminiti – the Shellfish Constable recommended approval, showed a map of the area, noted that landowner conflicts have been resolved and that this area does not extend into the channel. On a motion by May, seconded by Beebe, the Board voted unanimously to approve this extension and transfer.
· Application from Robert Mallory to renew shellfish grant license #99-1 for a ten year period – the Shellfish Constable recommended approval. On a motion by Houk, seconded by May, the Board voted unanimously to approve this renewal.
Consent Agenda – Donovan noted that any item included in the consent agenda can be separated out for further discussion. Houk noted the letter from Bonnie Robicheau and suggested waiting to later in the meeting to discuss approval of the entertainment license for The Juice since the agenda indicates that it will be addressed after 8 p.m. On a motion by Beebe, seconded by May, the Board voted unanimously to approve the consent agenda as follows:
· Request for Approval of Fire Department Appointment – Reuben Baker
· Requests to Use Town Property:
o Kel Kelly – Indian Neck Beach on August 19, 2006 for a catered company outing.
o Darcie Farber – Indian Neck Beach on August 4, 2006 from 7:30 to 8:30 p.m. for a wedding.
o American Lung Association – White Crest Beach parking lot and bathrooms on September 17, 2006 from 9 a.m. to 1 p.m. for a water stop for bicyclists on the Autumn Escape Bike Trek.
· Requests for Extension of Noise Bylaw:
o Scott Forchheimer – Holden Inn, September 9, 2006, until 11 p.m.
o Kerry Bachman – Holden Inn, September 16, 2006, until 11 p.m.
· Project Manager Recommendation – W.W. Reich for the Project Manager/Clerk of the Works for the Fire Station Project.
Announcements:
· The Town Administrator announced that the Board of Water Commissioners, Community Preservation Act Committee and Historical Commission have indicated a need for a fall special town meeting and recommended November 13th. There was consensus to wait until the next Board meeting to discuss this matter.
Page 2 – Board of Selectmen Minutes – 7/25/06
The Board held a public hearing to consider the recommendation of the Board of Health for a tobacco permit fee. Richard Willecke, Board of Health Chair, joined the Board and explained that establishment of the fee is in response to an initiative from the State. He noted that his Board attempted to set a fee which is not too expensive for businesses but should cover the Town’s office expenses relative to this matter. On a motion by May, seconded by Beebe, the Board voted unanimously to approve a tobacco permit fee of $25.
The Board discussed recommendations from the Finance Committee as follows:
· Revisit/place an article for town meeting to accept M.G.L. relative to Medicare for retired employees and the suggestion that a public relations firm be hired to inform voters – Arlene Kirsch, representing the Finance Committee, indicated that acceptance of this statute would mean long term savings for the Town. The Town Administrator explained that acceptance of this statute would be a first step and is needed before it can be determined how many retirees are eligible and noted that negotiation with the unions would be necessary. Discussion included the hiring of a public relations firm. There was consensus to consider an article for the next
special town meeting.
· Regional services – it was suggested that this matter be discussed on a Board of Selectmen level. (continued later in the meeting)
The Board held a dog hearing. Animal Control Officer Lorial Russell joined the Board. Chairman Donovan outlined the hearing process and swore in Lorial Russell, Robert LaPointe, Jody Craven, Ashley Cabral and David Kelley as witnesses. Ms. Russell indicated that on July 3rd Jody Craven reported that his dog was being attacked by two American Staffordshire Terriers owned by Ashley Cabral; that she advised Mr. Craven to seek medical attention for himself and his dog; that she cited Ms. Cabral for two leash law violations, two violations of the Animals Constituting a Nuisance Bylaw and for the medical and veterinary bills of Mr. Craven and that she placed the dogs under a ten day quarantine. She noted that all the dogs were up to date with their vaccinations. Mr. Craven
testified that it was a violent, unpredictable attack and noted concern for the safety of his two small children. Robert LaPointe testified that he heard screams from his neighbor’s (Mr. Craven) house and found Mr. Craven fighting two dogs in the driveway; that he repeatedly kicked the dogs to no avail and described the event as “intense”. Ashley Cabral indicated that she feels horribly about the entire event; that she knows that her dogs are aggressive with other dogs but has made sure that they are secured in her yard; that she is willing to fence her entire property and that she doesn’t want problems with her neighbors or for her neighbors to feel unsafe. David Kelley, who also lives at Ms. Cabral’s residence, apologized for the actions of the dogs and testified that the dogs are fine around people and not a nuisance or a menace. Ms. Russell recommended that the entire property be fenced (currently there is a fenced area
within the yard) and that the dogs be muzzled per the Animals Constituting a Nuisance Bylaw. Mr. Craven indicated that he does not want the dogs destroyed and that a fence would make him feel safer. On a motion by Houk, seconded by May, the Board voted unanimously that a fence as outlined by Ms. Cabral be installed within thirty days.
Page 3 – Board of Selectmen Minutes – 7/25/06
The Board continued discussion of the Finance Committee recommendations.
· Regional services – discussion included pursuing this matter with the towns of Eastham and Truro and/or resurrecting the Outer Cape Selectmen’s Association and including the Town Administrators in the discussion.
· Allow a Finance Committee member to be an observer during labor negotiations – it was suggested that this matter be discussed by the Board in executive session.
The Board discussed the Karl Barrio hearing. Donovan recapped this matter noting the Shellfish Constable’s recommendation that Mr. Barrio’s commercial shellfish permit be revoked until January 1st. Donovan moved and Beebe seconded a motion to accept the recommendation of the Shellfish Constable to revoke Karl Barrio’s commercial shellfish permit until January 1st minus the forty days that the permit was suspended. Donovan asked Mr. Barrio if he wished to speak to the motion noting that the suspension would be to November 22, 2006. Mr. Barrio noted that his attorney was not as yet present. Mr. Barrio’s attorney William Henchy arrived at 8:10 p.m. and Donovan restated the motion. May disclosed that he holds a commercial shellfish permit.
The Board voted unanimously in favor of the motion. Mr. Henchy noted his procedural objections in this matter.
The Board discussed the entertainment license application from The Juice. Applicant Charter Williams indicated his intention to offer live and recorded music three times per week from 7 to 10 p.m. during the summer season. Several neighbors in attendance spoke in favor of issuance of the license. On a motion by Houk, seconded by May, the Board voted unanimously to grant this license.
Correspondence – Beebe presented the correspondence report noting the letter from the Cape Cod Commission regarding the Notice of Intent to Prepare an Environmental Impact Statement on the Cape Wind Project and the letter from the Commonwealth of Massachusetts, Office for Commonwealth Development, regarding the FY’07 Infrastructure and Housing Support Program suggesting that the program be looked at relative to the 335 Main Street project.
The Board discussed:
a) Appointments – on a motion by Donovan, seconded by May, the Board voted unanimously to appoint Marian Banner, Reverend Sandra Junier, Marian Knapp, Kim Shkapich, Laura Kozak, Joseph Caruso, Shirley Weber and Liz Berseth to the Cultural Council.
b) Goals Review/Update – there was consensus to schedule a meeting to discuss goals on Wednesday, August 23rd.
Open Session:
· Houk noted that due to Ben Gitlow’s resignation from the Planning Board, he can no longer serve on the Charter Review Committee.
· Houk noted complaints on the availability of gasoline and the condition of the restrooms at the Marina - May, as an Assistant Harbormaster, explained that the gas pumps were briefly closed twice because new nozzles were needed and that the restrooms are an aging facility and the Harbormaster’s staff does the best that they can to maintain cleanliness.
Page 4 – Board of Selectmen Minutes – 7/25/06
· The Town Administrator reported on the Flex Route ridership noting that expectations have been exceeded so far.
On a motion by May, seconded by Beebe, the Board voted unanimously to approve the minutes of July 11, 2006 as drafted.
On a motion by Houk, seconded by May, the Board voted unanimously to adjourn at 8:39 p.m.
Respectfully submitted,
Linda Smulligan
Administrative Assistant
Dale Donovan, Chair Michael May
Jacqueline Beebe Jerry Houk
| 
