Board of Selectmen
Library Meeting Room
July 29, 2002
Minutes
The meeting was called to order at 7:02 p.m. by Chairman Roger L. Putnam, Jr. Selectmen present included Michael May, Dale Donovan, Michael Parlante and Jerry Houk. Town Administrator Tim Smith also attended.
Open Session:
Professor Frederick Jules addressed the Board regarding extending voting privileges to non-resident taxpayers.
On a motion by May, seconded by Donovan, the Board voted unanimously to approve the minutes of July 15, 2002 as presented.
On a motion by Parlante, seconded by May, the Board voted unanimously to release the executive session minutes dated December 15, 1998, November 20, 1998, November 12, 1998, December 7, 1998, November 9, 1998, November 2, 1998, October 19, 1998, October 5, 1998, July 13, 1998, June 29, 1998, June 15, 1998, May 18, 1998, May 11, 1998.
The Town Administrator addressed the Board:
Vacation - the Town Administrator and Assistant Town Administrator will both be on vacation for the Board s meeting scheduled August 26th there was consensus to maintain the Board s meeting schedule.
335 Main Street Project - for the architect to analyze just the housing component of the 335 Main Street project will cost the Town an additional $7,000. On a motion by Donovan, seconded by Parlante, the Board voted unanimously to authorize funds to cost out the elderly housing portion of this project.
COA Project a pre-construction conference is scheduled for 10:00 a.m. Friday morning
Municipal Building Water Project - updated the Board on the water project and project timetable.
Comments/Reports Selectman Houk commented on the positive aspects of departmental interaction noting the recent softball game between the Police and Fire Departments and the Recreation Department.
Correspondence:
Letter from Marilyn Kinnane and Stephen Pechonis on a motion by Donovan, seconded by Parlante, the Board voted unanimously, per Section 26 of the Town s General Bylaws, to grant an extension to allow music until midnight on August 24th for the wedding celebration of Marilyn Kinnane and Stephen Pechonis.
The Board noted receipt of letters from Michael Taute requesting review of the decision on his undersized lot; from Robert Caine commending the Harbormaster and Assistant Harbormasters for their service to the community; from Provincetown Board of Selectmen in appreciation of the Fire Department and rescue personnel s response during a mishap with a whale watch vessel on June 8th; letter from Zel Levin regarding a wreck car on the side of Old Chequesset Neck Road.
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The Board held a public hearing to consider the application from D. DeSimone d/b/a D & D Market, Michael DeSimone Manager, for transfer of its annual, beer and wine, package goods store license to Indian Lake Enterprises, LLC. d/b/a Farrell s Market, Ryan Farrell, Manager. Selectman Parlante disclosed that he is part of a corporation which holds a liquor license. Michael DeSimone and Ryan Farrell were in attendance. On a motion by Parlante, seconded by Donovan, the Board voted unanimously to approve this transfer.
The Board discussed:
FY 2004 Budget Policy Statement Selectman Donovan proposed language to be added to the policy to indicate that there will not be an increase in the property tax rate and that any budget increase will be funded by budget cuts, growth or new revenues. Chairman Putnam proposed an amendment to indicate that every effort will be made to maintain the tax rate at its current level. On a motion by Parlante, seconded by May, the Board voted unanimously to approve the additional language proposed by Selectman Donovan as amended. On a motion by Parlante, seconded by Donovan, the Board voted unanimously to approve the FY 2004 Budget Policy Statement and to forward it to the Finance Committee.
Water Commissioners Advisory Group Charge Chairman Putnam read the draft charge to the Water Issues Advisory Committee. On a motion by Houk, seconded by Parlante, the Board voted unanimously to approve the charge.
Board of Selectmen Appointments on a motion by May, seconded by Donovan, the Board voted unanimously to appoint Janet Doherty to the Open Space Committee. On a motion by May, seconded by Parlante, the Board voted unanimously to appoint Douglas Franklin to the NRAB. On a motion by Houk, seconded by Parlante, the Board voted unanimously to appoint Joseph Wanco to the Water Issues Advisory Committee. On a motion by Donovan, seconded by Houk, the Board voted unanimously to appoint Helen Miranda Wilson to the Water Issues Advisory Committee.
The Board held the following Shellfish Department public hearings. Selectman Parlante recused himself and left the table. Selectman May disclosed that he holds a commercial shellfish permit. Chairman Putnam disclosed that he holds a senior commercial shellfish permit. Selectman Donovan read the public notice. Shellfish Constable Bill Walton was in attendance and presented his recommendations.
Application from Jared Ziemba for a shellfish grant license abutting grant #781 located on Egg Island and consisting of approximately one acre and the application from Andrew Cummings and Brad Kaplan for a shellfish grant license located at Egg Island, formerly referred to as grant #781C and consisting of approximately one acre and grant #781D, if available the Shellfish Constable recommended that both of these applications be denied without prejudice and that the areas in question be awarded at some future date under a new procedure. He indicated that he hopes to have the Shellfish Management Plan in place within the next six months. Andrew Cummings amended his request to an approximate ½ acre of grant #781C in deep water which he noted would not be useful to anyone
else. On a motion by Donovan, seconded by Houk, the Board voted unanimously 4-0 to approve the application of Andrew Cummings and Brad Kaplan as amended. On a motion by Donovan, seconded by Houk, the Board voted unanimously to deny the application from Jared Ziemba without prejudice.
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Application from Richard H. Blakely for a two acre extension of shellfish grant license #85F located at Indian Neck the Shellfish Constable recommended that this application be denied without prejudice because the proposed extension would substantially increase the aquaculture footprint in the Harbor and suggested that Mr. Blakely reapply for this extension in six months when a policy is in place. Toby Storer indicated that he is a member of a realty trust which owns the area in question and that Mr. Blakely has not as yet sought permission for aquaculture on this property. The Shellfish Constable outlined the responsibilities of the Town in licensing shellfish grants noting that it is the Town which licenses grant areas not property owners. Mr. Blakely
indicated that this application would not extend the footprint into new ground but remains within the aquaculture controlled area and that he has a biological need for more grant area. On a motion duly made and seconded, the Board voted unanimously 4-0 to continue this hearing to the Board s August 26, 2002 meeting at 7:40 p.m.
Application from Raymond A. Crowell and Edwin C. Berrio, Jr. for renewal of shellfish grant license #95-11 and #95-12 located at Egg Island and consisting of one acre each and to transfer shellfish grant licenses #95-11 and #95-12 from Raymond A. Crowell and Edwin C. Berrio, Jr. to Raymond A. Crowell, Edwin C. Berrio, Jr., Ethel E. Crowell and Lisbeth C. Berrio the Shellfish Constable recommended that this application for the additional licensees and the renewal for a period of ten years to commence on March 1, 2003 be approved. On a motion by Houk, seconded by Donovan, the Board voted unanimously 4-0 to approve this application for renewal and transfer.
Show Cause Hearing: Shellfish Grant Licenses #739, #739A, #754 held by Old Wharf Shellfish Company the Shellfish Constable indicated that his office had received a complaint from Joel and Anne Fox regarding submission of false annual grant reports by Philip Fox and Barbara Anderson. He indicated that after investigation of this matter that Old Wharf Shellfish Company has violated the terms of its lease by either submission of false grant reports or possession of seed without a permit by two of the four principals and recommended that licenses #739/739A and #754 be rescinded effective August 31, 2002 and that the Town consider awarding these licenses to Joel and Anne Fox effective September 1, 2002 for a period of ten years pending a public hearing at the next Board
meeting. Joel Fox outlined the history of the company and indicated that he has not seen Philip Fox or Barbara Anderson on these grant areas for five years and noted his concern that their violation of the law could effect himself and Anne Fox. Donovan moved and May seconded a motion to accept the recommendation of the Shellfish Constable. Philip Fox addressed the Board indicating that for the past six/seven years he has had limited activity on these grants, that he has not been provided with the allegations, that there is no proof that the grant reports are false and that the first time that he was aware of the allegations was last Thursday when he picked up a copy of the Shellfish Constable s recommendation. Assistant Shellfish Constable Jim McGrath and Deputy Shellfish Constable Chris Manula each indicated that they had never seen either Philip Fox or Barbara Anderson on these grant areas. The Board voted unanimously 4-0 on the motion to accept the
recommendation of the Shellfish Constable. Selectman Parlante rejoined the Board.
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Recommendation of the Shellfish Constable to amend Section 2 Definitions and Section 14 Enforcement of the Town of Wellfleet Shellfish Policies and Regulations Selectman Parlante disclosed that he holds a commercial shellfish permit and a shellfish grant license. The Shellfish Constable presented the current and proposed definition of Domiciled Resident . On a motion by Houk, seconded by Donovan, the Board voted unanimously to accept the proposal of the Shellfish Constable to amend the definition of Domiciled Resident . The Board discussed the recommendation of the Shellfish Constable regarding adding a definition for Extension . It was suggested that the recommendation of the Shellfish Constable be made more available to the public.
On a motion by Donovan, seconded by Parlante, the Board voted unanimously to continue the portion of this hearing relative to amending Section 2 Definition by adding a definition for extension and amending Section 14 Enforcement of the Town of Wellfleet Shellfish Policies and Regulations to the Board s August 26 meeting at 7:40 p.m.
The Board continued discussion:
Approval of Firefighter Appointments Putnam moved and May seconded a motion to approve the appointment of Shawn Clark and Jeffrey Sturtevant. Selectman Houk indicated that he is opposed to these appointments, not because the candidates are not qualified, but because he feels that the Town is missing an opportunity to offer a job to a woman who is a Wellfleet citizen and taxpayer. Fire Chief Hight indicated that he had presented the two most qualified, well-rounded individuals to the Board. Suzanne Thomas, a member of the search committee, outlined the process used by the committee. On the motion, the Board voted 3-2, with Houk and Donovan voting against.
Draft Computer and Internet Use Policies on a motion by Donovan, seconded by Palante, the Board voted unanimously to approve these policies. It was requested that these policies be distributed and signed by all employees.
Use of County Funds continued to next meeting.
Special Town Meeting the Town Administrator noted that the moderator is not available for the date set by the Board for the fall special town meeting and recommended that the Board wait to schedule a special meeting for late January or February. On a motion by Donovan, seconded by May, the Board voted unanimously to rescind its vote setting a special town meeting date of October 21.
Requests to Use Town Property on a motion by Parlante, seconded by May, the Board voted unanimously to approve the request of the Orleans Chamber of Commerce to use the Town Pier during square dances to sell raffle tickets to benefit the Pops in the Park Scholarship fund on 7/31/02, 8/7/02, 8/14/02, 8/21/02 from 7:30-9:30 p.m.; the request from Ritchie Porter to use the tent at Baker s field on August 15, 2002 from 7:30-8:30 p.m. for a children s performance and the request from Margo KochRuthe to use the Town Hall front lawn for a silent vigil on August 6th.
Resolution to Support Creation of an Educational Funding Fairness Study on a motion by Donovan, seconded by May, the Board voted unanimously to approve the resolution.
Local Emergency Planning Committee on a motion by Parlante, seconded by May, the Board voted unanimously to support creation of this committee.
Early Retirement on a motion by Houk, seconded by Parlante, the Board voted unanimously to schedule this for discussion at the beginning of the next Board meeting.
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Approval of State Primary Election Warrant on a motion by Houk, seconded by Parlante, the Board voted unanimously to approve the September 17, 2002 State Primary Election Warrant.
On a motion duly made and seconded, the Board voted unanimously to adjourn at 9:12 p.m.
Respectfully submitted,
Linda Smulligan
Administrative Assistant
Roger L. Putnam, Jr. Michael May Dale Donovan
Michael Parlante Jerry Houk
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