← Wellfleet Selectboard

Wellfleet Selectboard · 2022–2023 Board · regular meeting

December 20, 2022

23 recorded votes, 15 with disagreement.

Sources: Official minutes (PDF) · Agenda

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Attendance

Present: Ryan Curley, Michael DeVasto, Barbara Carboni, Kathleen Bacon, John Wolf

Absent: None

Every vote, in order

H. Common Victualler Licenses:

Adopt the consent agenda as printed

Minutes, page 2

ApprovePassed · Unanimous, 5 present

Chair Curley Moved; Board Member Carboni Seconded; and it was voted to adopt the consent agenda as printed.

From the minutes

“Chair Curley Moved; Board Member Carboni Seconded; and it was voted to adopt the consent agenda as printed. Roll Call Vote: 5-0.” (Motion: Curley, second: Carboni)

Read it in the official minutes, page 2 (PDF)

A. Continuation of Public Hearing from December 6, 2022, to approve a grant

Continue this hearing until January 17, 2023

Minutes, page 3

ProceduralPassed · Unanimous, 3 present

Board Member Bacon Moved; Board Member Wolf Seconded; and it was voted to continue this hearing until January 17, 2023.

Ryan Curley stepped aside (recused) and did not take part in this vote. Michael DeVasto stepped aside (recused) and did not take part in this vote.

From the minutes

“Board Member Bacon Moved; Board Member Wolf Seconded; and it was voted to continue this hearing until January 17, 2023. Roll Call Vote: 3-0-2 (Curley and DeVasto Recused).” (Motion: Bacon, second: Wolf)

Read it in the official minutes, page 3 (PDF)

B. Continuation of Public Hearing from December 6, 2022, to change Definitions,

Not to amend the change of definitions annual report for the shellfish rules and regulations for the Town of Wellfleet

Minutes, page 4

ApprovePassed · 4–0

Chair Curley Moved; Board Member Bacon Seconded; and it was voted not to amend the change of definitions annual report for the shellfish rules and regulations for the Town of Wellfleet.

The minutes give only the count (4-0-1), not how each member voted.

From the minutes

“Chair Curley Moved; Board Member Bacon Seconded; and it was voted not to amend the change of definitions annual report for the shellfish rules and regulations for the Town of Wellfleet. Roll Call Vote: 4-0-1.” (Motion: Curley, second: Bacon)

Read it in the official minutes, page 4 (PDF)

C. Approve the transfer of grant license # 85-D, 85D-A, and 85D-AB ~ Shellfish

Transfer grant licenses #85-D, #85D-A, and #85D-AB totaling five acres on Indian Neck from Indian Neck Sea Farms, Inc from Carol Mindrebo, president, Todd Mindrebo, Treasurer/Secretary to Todd

Minutes, page 4

ApprovePassed · 4–0

Board Member Bacon Moved; Chair Curley Seconded; and it was voted to transfer grant licenses #85-D, #85D-A, and #85D-AB totaling five acres on Indian Neck from Indian Neck Sea Farms, Inc from Carol Mindrebo, president, Todd Mindrebo, Treasurer/Secretary to Todd Mindrebo and Carol Mindrebo

The minutes give only the count (4-0-1), not how each member voted.

From the minutes

“Board Member Bacon Moved; Chair Curley Seconded; and it was voted to transfer grant licenses #85-D, #85D-A, and #85D-AB totaling five acres on Indian Neck from Indian Neck Sea Farms, Inc from Carol Mindrebo, president, Todd Mindrebo, Treasurer/Secretary to Todd Mindrebo and Carol Mindrebo Roll Call Vote: 4-0-1.” (Motion: Bacon, second: Curley)

Read it in the official minutes, page 4 (PDF)

D. Approval of transfer of grant license #2010-01 ~ Shellfish Constable Nancy

Transfer grant license #2010-01 totaling 0.2 acres inside the Indian Neck breakwater from Edward Tesson to Edward Tesson and Ronald Butilier

Minutes, page 4

ApprovePassed · 4–0

Chair Curley Moved; Board Member Bacon Seconded; and it was voted to transfer grant license #2010-01 totaling 0.2 acres inside the Indian Neck breakwater from Edward Tesson to Edward Tesson and Ronald Butilier.

The minutes give only the count (4-0-1), not how each member voted.

From the minutes

“Chair Curley Moved; Board Member Bacon Seconded; and it was voted to transfer grant license #2010-01 totaling 0.2 acres inside the Indian Neck breakwater from Edward Tesson to Edward Tesson and Ronald Butilier. Roll Call Vote: 4-0-1.” (Motion: Curley, second: Bacon)

Read it in the official minutes, page 4 (PDF)

E. Approve an increase in recreational shellfishing permit fees ~ Shellfish.

Approve a $10.00 increase to recreational shellfishing permit fees as of January 1, 2023

Minutes, page 4

ApprovePassed · 4–0

Board Member Bacon Moved; Board Member Wolf Seconded; and it was voted to approve a $10.00 increase to recreational shellfishing permit fees as of January 1, 2023

The minutes give only the count (4-0-1), not how each member voted.

From the minutes

“Board Member Bacon Moved; Board Member Wolf Seconded; and it was voted to approve a $10.00 increase to recreational shellfishing permit fees as of January 1, 2023 Roll Call Vote: 4-0-1.” (Motion: Bacon, second: Wolf)

Read it in the official minutes, page 4 (PDF)

F. Approve requirement for grant license holders to purchase a Wellfleet

Require all grant holders h a obtain s commercial shellfishing permit with such requirements to take effect, February 28, 2023

Minutes, page 5

ApprovePassed · 4–0

Board Member Bacon Moved; Board Member Carboni Seconded and it was voted to require all grant holders h a obtain s commercial shellfishing permit with such requirements to take effect, February 28, 2023

The minutes give only the count (4-0-1), not how each member voted.

From the minutes

“Board Member Bacon Moved; Board Member Carboni Seconded and it was voted to require all grant holders h a obtain s commercial shellfishing permit with such requirements to take effect, February 28, 2023 Roll Call Vote: 4-0-1.” (Motion: Bacon, second: Carboni)

Read it in the official minutes, page 5 (PDF)

G. Approval of fees to be charged for public hearings ~ Selectboard.

Approve public hearing fees be charged to the applicant at $175 per hearing

Minutes, page 5

ApprovePassed · No count or names in the minutes

Chair Curley Moved; Board Member Bacon Seconded; and it was voted to approve public hearing fees be charged to the applicant at $175 per hearing.

The minutes say the board voted but do not give a count or say how each member voted.

From the minutes

“Chair Curley Moved; Board Member Bacon Seconded; and it was voted to approve public hearing fees be charged to the applicant at $175 per hearing..” (Motion: Curley, second: Bacon)

Read it in the official minutes, page 5 (PDF)

H. Shellfish Grant Lottery for Egg Island grant numbers 95-15 and 95-16 ~

Close the public hearing for the lottery

Minutes, page 5

ProceduralPassed · No count or names in the minutes

Board Member Bacon Moved; Board Member Carboni Seconded; and it was voted to close the public hearing for the lottery.

The minutes say the board voted but do not give a count or say how each member voted.

From the minutes

“Board Member Bacon Moved; Board Member Carboni Seconded; and it was voted to close the public hearing for the lottery..” (Motion: Bacon, second: Carboni)

Read it in the official minutes, page 5 (PDF)

A. Year-Round Alcohol Licenses ~ Please see Selectboard Packet for full list

Renew the year-round alcohol Licenses listed in the packet

Minutes, page 6

ApprovePassed · Unanimous, 5 present

Chair Curley Moved; Board Member DeVasto Seconded; and it was voted to renew the year-round alcohol Licenses listed in the packet.

From the minutes

“Chair Curley Moved; Board Member DeVasto Seconded; and it was voted to renew the year-round alcohol Licenses listed in the packet. Roll Call Vote: 5-0.” (Motion: Curley, second: DeVasto)

Read it in the official minutes, page 6 (PDF)

B. Weekday Entertainment License ~ Please see Selectboard Packet for full list

Approve the weekday entertainment licenses for the businesses listed in the packet except the Fox & Crow which would be read out of this group

Minutes, page 6

ApprovePassed · Unanimous, 5 present

Chair Curley Moved; Board Member DeVasto Seconded and it was voted to approve the weekday entertainment licenses for the businesses listed in the packet except the Fox & Crow which would be read out of this group.

From the minutes

“Chair Curley Moved; Board Member DeVasto Seconded and it was voted to approve the weekday entertainment licenses for the businesses listed in the packet except the Fox & Crow which would be read out of this group. Roll Call Vote: 5-0.” (Motion: Curley, second: DeVasto)

Read it in the official minutes, page 6 (PDF)

Approve the Weekday Entertainment for the Fox & Crow

Minutes, page 6

ApprovePassed · 4–1

Chair Curley Moved; Board Member DeVasto Seconded; to approve the Weekday Entertainment for the Fox & Crow. Discussion followed the motion: The lawyer spoke on behalf of the abutters stating that there is a concern with the noise levels at that property. She summarized her letter to the board speaking about the entertainment which is against the zoning regulations for the town of Wellfleet also stating that because the business has many zoning violations this business should not be granted an entertainment license. She spoke about a grandfathered use where the entertainment can happen in the building not outside. She continued speaking to the board about the entertainment there. Waldo spoke to this item and stated that the building commissioner has been in constant contact with the lawyer for the abutters. Vermehren spoke to the board regarding her entertainment at the building. She refuted the accusations of the abutters. There was more discussion on this license approval. It was discussed to condition the license. Chair Curley read the new outdoor seating extension from the state of Massachusetts.

Yes: Carboni, Curley, DeVasto, WolfNo: Bacon

From the minutes

“Chair Curley Moved; Board Member DeVasto Seconded; to approve the Weekday Entertainment for the Fox & Crow. Discussion followed the motion: The lawyer spoke on behalf of the abutters stating that there is a concern with the noise levels at that property. She summarized her letter to the board speaking about the entertainment which is against the zoning regulations for the town of Wellfleet also stating that because the business has many zoning violations this business should not be granted an entertainment license. She spoke about a grandfathered use where the entertainment can happen in the building not outside. She continued speaking to the board about the entertainment there. Waldo spoke to this item and stated that the building commissioner has been in constant contact with the lawyer for the abutters. Vermehren spoke to the board regarding her entertainment at the building. She refuted the accusations of the abutters. There was more discussion on this license approval. It was discussed to condition the license. Chair Curley read the new outdoor seating extension from the state of Massachusetts. Roll Call Vote: 4-1 (Bacon voted no).” (Motion: Curley, second: DeVasto)

Read it in the official minutes, page 6 (PDF)

C. Sunday Entertainment License ~ Please see Selectboard Packet for full list

Approve the Sunday Entertainment Licenses for the businesses listed in the Selectboard packet except the Fox & Crow

Minutes, page 6

ApprovePassed · Unanimous, 5 present

Chair Curley Moved; Board Member Seconded; and it was voted to approve the Sunday Entertainment Licenses for the businesses listed in the Selectboard packet except the Fox & Crow.

From the minutes

“Chair Curley Moved; Board Member Seconded; and it was voted to approve the Sunday Entertainment Licenses for the businesses listed in the Selectboard packet except the Fox & Crow. Roll Call Vote: 5-0.” (Motion: Curley)

Read it in the official minutes, page 6 (PDF)

Approve the Fox & Crow for their Sunday Entertainment License

Minutes, page 6

ApprovePassed · No count or names in the minutes

Chair Curley Moved, Board Member DeVasto seconded; and it was voted to approve the Fox & Crow for their Sunday Entertainment License.

The minutes say the board voted but do not give a count or say how each member voted.

From the minutes

“Chair Curley Moved, Board Member DeVasto seconded; and it was voted to approve the Fox & Crow for their Sunday Entertainment License..” (Motion: Curley, second: DeVasto)

Read it in the official minutes, page 6 (PDF)

Approve the Sunday entertainment license for the Fox & Crow town's website*** with the condition that they are in compliance with all zoning regulations are followed

Minutes, page 6

ApprovePassed · 4–1

Board Member Carboni Moved; Board Member DeVasto seconded; and it was voted to approve the Sunday entertainment license for the Fox & Crow town's website*** with the condition that they are in compliance with all zoning regulations are followed.

Yes: Carboni, Curley, DeVasto, WolfNo: Bacon

From the minutes

“Board Member Carboni Moved; Board Member DeVasto seconded; and it was voted to approve the Sunday entertainment license for the Fox & Crow town's website*** with the condition that they are in compliance with all zoning regulations are followed. Roll Call Vote: 4-1-0 (Bacon voted no).” (Motion: Carboni, second: DeVasto)

Read it in the official minutes, page 6 (PDF)

A. Owners Project Representative Contract ~ Herring River ~ Carole Ridley

Board Member DeVasto Moved; to authorize the Town Administrator to execute a one-year contract with Environmental Partners, in the amount of $319,794, for services as Owners Project Representative

Minutes, page 7

ApprovePassed · Unanimous, 4 present

Chair Curley Moved; Board Member DeVasto Moved; to authorize the Town Administrator to execute a one-year contract with Environmental Partners, in the amount of $319,794, for services as Owners Project Representative for the Herring River Restoration Project, as outlined in the proposal and contract documents provided in the Selectboard Packet.

Barbara Carboni stepped aside (recused) and did not take part in this vote.

From the minutes

“Chair Curley Moved; Board Member DeVasto Moved; to authorize the Town Administrator to execute a one-year contract with Environmental Partners, in the amount of $319,794, for services as Owners Project Representative for the Herring River Restoration Project, as outlined in the proposal and contract documents provided in the Selectboard Packet. Roll Call Vote: 4-0-1 (Carboni Recused).” (Motion: Curley)

Read it in the official minutes, page 7 (PDF)

B. To approve a CPC warrant Article ~ 95 Lawrence Road

Insert and recommend the 95 Lawrence Road warrant article

Minutes, page 7

ApprovePassed · Unanimous, 5 present

Chair Curley Moved; Board Member Bacon Seconded; and it was voted to insert and recommend the 95 Lawrence Road warrant article.

From the minutes

“Chair Curley Moved; Board Member Bacon Seconded; and it was voted to insert and recommend the 95 Lawrence Road warrant article. Roll Call Vote: 5-0.” (Motion: Curley, second: Bacon)

Read it in the official minutes, page 7 (PDF)

C. Draft RFP for Maurice's Campground Operations ~ to approve issuance ~ Town

Approve the issuance of the draft RFP for 80 State Highway Wellfleet (Maurice's Campground)

Minutes, page 7

ApprovePassed · 4–0

Board Member Bacon Moved; Board Member DeVasto Seconded; and it was voted to approve the issuance of the draft RFP for 80 State Highway Wellfleet (Maurice's Campground)

The minutes give only the count (4-0-1), not how each member voted.

From the minutes

“Board Member Bacon Moved; Board Member DeVasto Seconded; and it was voted to approve the issuance of the draft RFP for 80 State Highway Wellfleet (Maurice's Campground) Roll Call Vote: 4-0-1.” (Motion: Bacon, second: DeVasto)

Read it in the official minutes, page 7 (PDF)

D. Capital Improvement Budgets

Approve the Marina Departments 2024 Capital Improvement Budget as presented at tonight's meeting

Minutes, page 8

ApprovePassed · Unanimous, 5 present

Chair Curley Moved; Board Member Seconded; and it was voted to approve the Marina Departments 2024 Capital Improvement Budget as presented at tonight's meeting.

From the minutes

“Chair Curley Moved; Board Member Seconded; and it was voted to approve the Marina Departments 2024 Capital Improvement Budget as presented at tonight's meeting. Roll Call Vote: 5-0.” (Motion: Curley)

Read it in the official minutes, page 8 (PDF)

Approve the Water Enterprise FY2024 capital budget as presented

Minutes, page 8

ApprovePassed · 4–0

Board Member Bacon moved; Board Member DeVasto Seconded; and it was voted to approve the Water Enterprise FY2024 capital budget as presented.

The minutes give the count (4-0-1) and name Ryan Curley as no, but the names and count do not match the members present. Showing the count only.

From the minutes

“Board Member Bacon moved; Board Member DeVasto Seconded; and it was voted to approve the Water Enterprise FY2024 capital budget as presented. Roll Call Vote: 4-0-1 (Curley voted no).” (Motion: Bacon, second: DeVasto)

Read it in the official minutes, page 8 (PDF)

THIS AGENDA ITEM

Approve the Shellfish Department's FT 2024 capital budget as presented

Minutes, page 8

ApprovePassed · 4–0

Chair Curley Moved; Board Member Bacon Seconded; and it was voted to approve the Shellfish Department's FT 2024 capital budget as presented.

The minutes give only the count (4-0-1), not how each member voted.

From the minutes

“Chair Curley Moved; Board Member Bacon Seconded; and it was voted to approve the Shellfish Department's FT 2024 capital budget as presented. Roll Call Vote: 4-0-1.” (Motion: Curley, second: Bacon)

Read it in the official minutes, page 8 (PDF)

A. December 6, 2022

Approve the meeting minutes of December 6, 2022, as amended

Minutes, page 9

ProceduralPassed · Unanimous, 5 present

Chair Curley Moved; Board Member Bacon Seconded; and it was voted to approve the meeting minutes of December 6, 2022, as amended.

From the minutes

“Chair Curley Moved; Board Member Bacon Seconded; and it was voted to approve the meeting minutes of December 6, 2022, as amended. Roll Call Vote: 5-0.” (Motion: Curley, second: Bacon)

Read it in the official minutes, page 9 (PDF)

XIII. Adjournment

Adjourn the meeting

Minutes, page 9

ProceduralPassed · Unanimous, 5 present

Chair Curley Moved; Board Member Seconded; and it was voted to adjourn the meeting.

From the minutes

“Chair Curley Moved; Board Member Seconded; and it was voted to adjourn the meeting. Roll Call Vote: 5-0.” (Motion: Curley)

Read it in the official minutes, page 9 (PDF)

From the Wellfleet Selectboard’s official minutes, posted in the town’s Document Center (2018–2024) and Agenda Center (2025 on). We check every vote against the Selectboard members present and quote the exact wording. MassVoter never grades or scores officials. Photos: The Provincetown Independent (courtesy of the members, or by Michaela Chesin).

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