MINUTES
Board of Selectmen
Wednesday, May 9, 2007
Work Session - 2:30 p.m.
Location: Earle Mountain Room, Eastham Town Hall
Present: Selectman Linda S. Burt, Chair; Selectman Kenelm N. Collins, Vice Chair;
Selectman Martin McDonald and Selectman David Schropfer
Sheila Vanderhoef, Town Administrator
Absent: Selectman Russell H. Sandblom, Clerk
Selectman Linda S. Burt called the meeting to order at 2:35 p.m.
PUBLIC INFORMATION
Selectman Schropfer noted that Article 19 - Municipal Water System - had not passed at
the 2007 Annual Town Meeting. Article 19 gathered the “ majority of votes but failed to meet the two-thirds requirement.” This will be on the Ballot on the election to be held on May 15, 2007. The question has been raised as to what direction the town will take should this pass by a majority vote on the ballot.
Selectman Burt noted that there is no action that can be taken at this meeting. However, the Board of Selectmen do encourage registered voters to participate in this election.
Aimee Eckman (Citizen) now came before the Board of Selectmen on behalf of the third grade at the Eastham Elementary school who had won an energy award and needed help with funding to travel to Washington to receive the award. Ms. Eckman noted that she thinks this would be within the purview of the Timothy Smith Fund and asked the Board of Selectmen to consider some funding for this event for up to $1,000 if possible. Ms. Eckman noted that there has been several fund raisers at school, including car washes, etc. Selectman McDonald asked if they were short of funding. Ms. Eckman noted that the Parent’s Group chipped in last year, but they will be unable to count on this funding this year.
Selectman Burt noted that the Board of Selectmen will consider this request further at their
Monday, May 21, 2007 meeting.
WORK SESSION
Discussion regarding Municipal Water and options continued. Ms. Vanderhoef noted that
the vote regarding Municipal Water failed to meet the two-thirds requirement at Town Meeting,
but came “first” in relation to the ballot vote. Therefore, the time frame for having a potential Special Town Meeting to again consider this question does not need to be within ninety days, should the citizenry elect, by majority, to vote for it on the Ballot this coming Tuesday, May 15, 2007.
Dr. Karl Weiss, Chair and Sandy Bayne, Clerk, of the Eastham Water Resources Advisory
Board, expressed their disappointment at the non-passage of Article 19. However, they
voiced their view that because there was a majority of votes at Town meeting, they perceived a
momentum and resulting responsibility to keep this before the citizenry. Dr. Weiss noted that there were many legitimate points raised during this process and the Water Resources Advisory Board will do everything possible to address these concerns related to both water and wastewater.
Ms. Vanderhoef noted that it is her understanding that the exact same article must be used, should this go forward to a Special Town Meeting.
Dr. Weiss said that the town may be required to do something about the water down the road,
and from a practical point of view heightened awareness related to these issues is very important.
Dr. Weiss asked the Board of Selectmen for their support in their efforts.
Selectman Collins said that he had been unable, because of a health issue, to be present at the
Annual Town Meeting. He said that this was only the second time in eighteen years that
he had missed Town Meeting. He wanted to communicate a public apology for his absence.
He stated that he was the Chairman of the first Water Committee in 1970-71 and at that
time he had strongly recommended the construction of a water system network and the projected outlay was approximately 3.5 million dollars. Selectman Collins noted that the expenditure was multiplying at an average of 2 million dollars per year. He again expressed his apology for not being present as he thought his voice on this issue would have helped further this positively at Town Meeting.
Mr. Bruce Whitmore (Water Resources Advisory Board) asked the Board of Selectmen if they were to act as water commissioners. Ms. Carol Martin (Citizen) noted that the water commission should be a separate and distinct entity. Ms. Martin is a candidate for a seat on the Board of Selectmen, and thought that citizens who raised these concerns would be helped by clarification on this question.
Selectman Collins noted that it is extremely important that the water commissioners be a separate and unbiased group. Selectman McDonald said that this question would be dealt with in a timely manner and also noted that there is a long time between now and implementation. He noted that the Board of Selectmen might act as water commissioners temporarily, until such time as it is deemed Selectman Schropfer noted that in his view the issue of the vote on the water is first and the creation of water commissioners would follow. Ms. Vanderhoef noted that the rationale for the Board of Selectmen acting as water commissioners might be to streamline communication, as there is no system to manage in the early years. Selectman Burt noted that in her opinion as this is further
developed, a clear explanation to the public would suffice.
Selectman McDonald suggested getting the word out to the Cape Codder, Banner and Cape Cod Times. He noted that Mr. Marilyn Miller was here today representing the Cape Codder.
Selectman Burt said that there was no recommendation either way on this issue but it is important for future planning to know how the citizens feel about this issue.
Selectman Schropfer made a motion that if the Ballot question returns at the election to be held on May 15, 2007 regarding Municipal Water are greater than 50%, the Board of Selectmen will consider a Special Town Meeting. Selectman Collins seconded the motion. APPROVED 4-0.
Selectman McDonald voiced further concern that citizens who voted against Municipal Water at the Annual Town Meeting might be offended. Selectman Burt said that more information available to the public might be helpful to those individuals who would like clarification. Additionally, the ballot question is an opportunity for the citizens to vote yes or no.
This being said, the Board of Selectmen affirmed their APPROVED 4-0 vote as stated above.
Annual Town Meeting Review
A discussion followed related to the Town Meeting which just took place on Monday, May 7, 2007. The discussion revealed that the acoustics in the Gym were not adequate and needed review. The acoustics of the Auditorium were thought to be much better. However, issues that will bring in undetermined but potentially large crowds would still necessitate determination of the site that would accommodate larger numbers. Feedback regarding the remote CART system was very positive. It was suggested that a meeting with Gwen Pelletier, Town Moderator, regarding such matters would be helpful.
MINUTES
January 17, 2007 - Work Session
Selectman McDonald made a motion to approve the January 17, 2007 Work Session
minutes. Selectman Collins seconded the motion. APPROVED 4-0.
March 12, 2007 - Regular Session
Selectman McDonald noted a minor correction. Correction noted.
Selectman McDonald made a motion to approve the March 12, 2007 Regular Session
minutes with the correction as noted. Selectman Collins seconded the motion.
APPROVED 4-0.
March 21, 2007 - Executive Session
Selectman Collins moved to approve the March 21, 2007 Executive Session minutes
as presented. Selectmen McDonald seconded the motion. APPROVED 4-0.
March 21, 2007 - Regular Session
Selectman Collins moved to approved the March 21, 2007 minutes as presented.
Selectman McDonald seconded the motion. APPROVED 4-0.
Ms. Vanderhoef noted that past due minutes have been completed, with apologies to the Board of Selectmen for delays. Ms. Vanderhoef thanked the Board of Selectmen for their understanding and patience in this matter and noted that the minutes will be duly filed with Town Clerk.
All matters having been discussed, Mr. Donald Intonti, Sr. then asked to be heard. Selectman
Burt reminded Mr. Intonti that the opportunity for him to speak during the Public Information time frame earlier this meeting would have been the opportune time for him to raise his concern.
Mr. Intonti noted that he has had an ongoing concern for many years related to the property adjoining his at 999 Route 6 (i.e., known as the Neighborhood Gas property). Mr. Intonti wanted to address the Board of Selectmen on how to get closure on this issue which he considers a “town” issue. Mr. Intonti expressed his frustration at the perceived “avoidance” of his problem. At this time, Mr. Intonti noted that he will not pay his taxes, as he considers that his property has lost value as a result of the contamination of the adjoining property. Mr. Intonti noted that he has attempted to sell his property without success. Mr. Intonti also said that he cannot rent his property.
Mr. Intonti noted that his property has been cleaned, but not the gas station. There was
some confusion “on paper” as he says there is an indication at the Assessors Office that his property is contaminated. Additionally, he said that in conversation with the former Town Planner (Mary Elizabeth Burgess) he had been led to believe that affordable housing initiatives might offer relief. He said that because this area will never be termed “clean” there will never be an option of having affordable housing there.
Mr. Intonti strongly requested that the Board of Selectmen consider buying his property. Mr. Intonti said that he had checked with the State regarding environmental reports, and that to his knowledge the town had not requested such reports from the State for over three years.
Mr. Intonti noted that the fence around the Neighborhood Gas property had proved helpful and thanked Ms. Vanderhoef for her efforts in trying to resolve this matter.
Ms. Vanderhoef noted that we do have reports and have met with the DEP to help resolve this difficult matter. The DEP said that this site would not be cleaned. At one time affordable housing was presented as an option and they liked it. At this time, however, it is a “no go.” Ms. Vanderhoef suggested that the information we have is somewhat different than Mr. Intonti’s. Attempts to move forward have been initiated. Ms. Vanderhoef further noted that this property was in private ownership.
Mr. Intonti declared his position that this was the Town’s fault, and that the town allowed the storage of gasoline without proper testing. Additionally, it was his understanding that the property would be torn down and was designated as condemned. Ms. Vanderhoef noted that an inspection of the building revealed that it was not in fact structurally unsound, thereby preventing it from having been torn down. Mr. Intonti noted that he had not received notice that it was in fact structurally sound.
Selectman Burt noted that this property is in trust, as the original owner is deceased.
Ms. Vanderhoef again noted that we have information related to this issue and informed Mr. Intonti that it had already been placed on the agenda for Monday, May 21, 2007 in response to his request to come before the Board of Selectmen. Ms. Vanderhoef said that the Board of Selectmen will receive an update at that meeting.
All matters having been discussed, Selectman Collins moved to adjourn at 3:40 p.m. and to go into Executive Session for the purpose of contract negotiations and not to return to Public Session. Selectman Collins, yes; Selectman Burt, yes; Selectman Schropfer yes and Selectman McDonald, yes.
Respectully submitted,
Lorraine Speros
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