Town of Eastham MA - Selectmen's Meeting Minutes 04/02/07

Board of Selectman

Monday, April 2, 2007

Regular Session – 6:30 p.m.

PRESENT: Linda Burt, Chair

Kenelm Collins, Vice Chair

Russell Sandblom, Clerk

Sheila Vanderhoef, Town Administrator

Selectman Burt called the meeting to order at 6:35

Public/Selectman’s Information

Selectman Sandblom noted that there will be a meeting Wednesday at the Wellfleet Town hall regarding the renourishment of the bay beaches at 2 p.m.

6:37 Public Hearing – License Transfer

Selectman Burt read the legal notice as follows:

On Monday, April 2, 2007, the Town of Eastham Board of Selectmen will hold a public hearing on the transfer of the annual All Alcoholic Common Victualer Liquor License currently held by Beach Break, Inc. d.b.a. The Beach Break Grill and Lounge, located at Main Street Mercantile.

The license is transferring to Cestaro Brothers, Inc. d.b.a. Cestaro Brothers Restaurant and Bar with Alexander Cestaro listed as manager. The hearing is scheduled for 6:45 p.m. at the Town Hall, 2500 State Highway, Eastham, MA. 02642.

Selectman Schropfer commended Alexander Cestaro, Applicant, on his amazing military career. Selectman Sandblom noted that the property has had noise problems in the past and questioned if that is being taken care of. Mr. Cestaro responded that they are currently monitoring the noise level at all times. Selectman Burt questioned how many employees the business plans to have. Mr. Cestaro responded that they are planning on approximately twenty.

Selectman McDonald noted that each brother has 15% of the stock issued and questioned where the other 40% was. Mr. Cestaro replied that the numbers of shares issued are not the same number of shares outstanding, accounting for the difference.

Selectman Schropfer made a motion to approve the transfer of the annual All Alcoholic Common Victualer Liquor License from the Beach Break, Inc., d.b.a. The Beach Break Grill and Lounge to Cestaro Brothers, Inc. d.b.a. Cestaro Brothers Restaurant and Bar as per the application. The motion was seconded by Selectman Sandblom and so voted 5-0.

6:45 Seasonal License Renewals

Selectman Schropfer questioned the Orleans Eastham Elks being on the seasonal list. Ms. Vanderhoef noted that they also have a club license, but noted that the list can be approved without the Elks Club.

Selectman Collins made a motion to approve the list of Seasonal Liquor Licenses, as presented, with the exception of the Orleans Eastham Elks Club. The motion was seconded by Selectman Schropfer and so voted 5-0.

6:47 Departmental License Fees

Ms. Vanderhoef noted that the department heads are here if the Selectmen have any questions. Selectman Burt read the hearing notice as follows:

“Licensing and Permit Fees; #1, rental permits, business certificates, dog licenses; #2, plumbing and gas permit fees; #3, planning board fees, zoning board fees, road acceptance fees; #4, shellfish permit fees; #5, various health department fees; #6, transfer station fees; #7, beach sticker fees; #8, records request fees; #9, burning permit fees; #10, medical transport fees.”

Selectman Collins noted that he believes that all of the proposed fees are reasonable. Selectman Sandblom noted that the higher fee for the gas water heater may encourage do-it-yourself projects without a permit, creating a hazardous situation. Ms. Vanderhoef noted that as this includes both a gas inspection and plumbing inspection, noting it is cost effective. Selectman Burt continued to read through the proposed changes.

Selectman Schropfer questioned the electrical per fixture fee after ten fixtures. Ms. Vanderhoef responded that after the ten-fixture fee, the cost is per fixture. Selectman Burt continued through the proposed fees. Selectman Sandblom questioned the decision to double the comprehensive permit fee. Ms. Vanderhoef responded that it has been a long time since raising these fees, as well as the extensive amount of work required from the department for review of the application. She noted that the Board will hold this fee and speak with the Planner on Wednesday. Selectman Burt continued through the fees.

Stephen Wasby, citizen, questioned when these changes will go into effect. Selectman Burt noted they will begin at the start of the new fiscal year. Ms. Vanderhoef noted that the beach and transfer station stickers will be effective next spring, while the daily fee will be this year. Selectman Burt continued through the proposed changes. Fred Fenlon, citizen, questioned if the town keeps all the money from dog fees. Ms. Vanderhoef noted that the money has previously gone to the county dog system, and some went to the library.

Selectman Schropfer questioned the allowing of persons under the age of 18 to use tanning booths, citing the concern for Melanoma, and his work with the Melanoma Foundation. He suggested that the issue be referred to the Board of Health. After a short discussion,

Selectman McDonald made a motion to approve the proposed fees, as presented, with the exception of the Tanning Booths and the Comprehensive Permit Fee. The motion was seconded by Selectman Collins and so voted 5-0.

7:20 Municipal Water Ballot Question

Ms. Vanderhoef noted that the question needs to be voted onto the ballot by the Selectmen. Ms. Vanderhoef read the question as follows:

“Shall the Town of Eastham be allowed to be exempt from the provisions of proposition two and one-half, so-called, the amounts required to pay for the bonds to be issued in order to finance establishing a water system for the Town, including, without limitation, the taking or purchase of water sources or water or flowage rights, the taking or purchase of land for the protection of the water system, the construction and development of wells, the construction of water towers, the construction of buildings for water treatment and pumping stations, the laying and relaying of water mains, the purchase and installation of water meters, fire hydrants and other water department equipment, and design and engineering and other costs incidental thereto?”

Selectman McDonald made a motion to include the preceding question on the ballot for the Annual Town Election. The motion was seconded by Selectman Collins and so voted 5-0.

7:25 Non-Binding Referendum Question – Industrial Wind Turbines

Selectman Schropfer questioned the meaning of “farm”. Ms. Vanderhoef reminded the Board that the intent is to get an idea of the feelings of the voters on the topic. Selectman McDonald noted that there will be three articles on the warrant, which should in effect determine that. Selectman Burt noted that people vote different on a ballot than at town meeting, generally. Selectman Sandblom noted that it is very important to ask voters in the privacy of a voting booth. Selectman McDonald noted that the wording of the question may be a little alarming. Ms. Vanderhoef noted that she will hold this issue and get in touch with Paul Lathrup, citizen.

Fred Fenlon, citizen, noted that the Speaker of the House has proposed a massive energy regulation bill. He noted that if towns proceed with these by-laws, they may conflict with the new legislation.

7:33 Warrant Article Review

Ms. Vanderhoef noted that per the Planning Board Chair, the sign by-law has been removed.

Create MIS Revolving Account

Ms. Vanderhoef noted that the data processing fund is required to pay for MIS services at the Elementary School.

Selectman Schropfer made a motion to approve the warrant article for a revolving fund for data processing. The motion was seconded by Selectman Sandblom and so voted 5-0.

Home Composting Bins Account

Selectman Collins made a motion to approve the warrant article for establishing an account for home composting bins. The motion was seconded by Selectman Schropfer and so voted 5-0.

Charter Amendment – Deletion of Search Committee

Selectman Schropfer made a motion to approve the warrant article for deletion of the Search Committee from the Eastham Home Rule Charter. The motion was seconded by Selectman Collins and so voted 5-0.

Municipal Water System

Ms. Vanderhoef noted that the municipal water is subject to proposition two and one-half, and added that if the article fails the water cannot proceed. She noted that this article will establish funds and name the Selectmen as water commissioners.

Selectman Schropfer made a motion to approve the article establishing funds for the municipal water supply. The motion was seconded by Selectman McDonald and so voted 5-0.

Wind Turbine Land Lease Article

Ms. Vanderhoef noted that this land lease article for the four turbines in North Eastham will allow the use in districts E, G, and F. She noted that the lease could be in excess of ten years, and pointed out a graphic in the packet representing their impact in the area. Ms. Vanderhoef also noted that there are two types of properties in the area, those that are likely to build, and those that are not, such as land locked property.

Selectman McDonald noted that he is a proponent of wind energy, but there are many who are upset by this project. He also noted that studies are still being conducted and suggested removing this article from the warrant. Selectman Schropfer noted that there is work to be done, and the by-law would be best served with as much information that is available. Selectman McDonald noted that the potential sites can always be moved to a better location.

Selectman McDonald made a motion to remove the article regarding the lease of districts E, G, and F off the annual town meeting warrant. The motion was seconded by Selectman Collins and so voted 5-0.

Ms. Vanderhoef noted that the consultants did consider the Transfer Station cap as a possible location, but determined that the area was not large enough. Stephen Wasby, citizen, noted that if the article fails at town meeting it would never recover for a special town meeting in the fall.

Charter Amendment – Required Warrant Printing

Ms. Vanderhoef noted that this article would eliminate printing the entire warrant in the newspaper. She noted that the cost savings will be approximately $400 to $600. She noted that there will be an ad telling people the warrants are available and where, as well as offering the warrant available on the web. Selectman Schropfer questioned putting the posting in the Post Office 14 days prior to Town Meeting. Ms. Vanderhoef noted that the notice is placed there and the warrants are available at the library, council on aging, town hall, fire department, police department, Elementary school, and sometimes the Superette. Gwen Pelletier, Moderator, suggested placing them in the village green also.

Selectman McDonald made a motion to approve the article to amend the Eastham Home Charter regarding the advertising of the warrant. The motion was seconded by Selectman Collins and so voted 5-0.

Land Acquisition and Maintenance Fund

Ms. Vanderhoef noted that this article was on the warrant last year, however, there were some discrepancies between what was passed and the legislature.

Selectman McDonald made a motion to approve the article verifying the land acquisition and maintenance fund. The motion was seconded by Selectman Collins.

Selectman Schropfer suggested placing a cap on spending from the account. Selectman Collins suggested removing the land purchase clause. Ms. Vanderhoef noted that the account is used for such projects as chipper rental, stair replacement at Thumpertown Beach, and brush removal. She also noted that it requires a 2/3 vote at town meeting to spend any money from the fund. Ms. Vanderhoef noted that this article will be held until Wednesday to meet with the Finance Committee.

Selectman Collins removed his second and Selectman McDonald removed his motion.

Selectman McDonald noted that there needs to be a by-law for turbine construction. Selectman Schropfer notes that he is concerned with restricting the development of property. Selectman McDonald questioned if we can change the language of the article. Ms. Vanderhoef responded that there still is time. Selectman Schropfer noted that because the setback specifies existing structure, there is no mention of new construction. Selectman McDonald noted that people could also build to restrict turbine development.

Carol Martin, citizen, noted that Howard Sandler, Planning Board Chair, has assured people that the language would not differ from what will be on the warrant and that any changes would be made on town meeting floor. Selectman Schropfer noted that if the article remains, the ambiguous and confusing language needs to be removed. Ms. Martin voiced concern over changes in the article after the public hearing process. Ms. Vanderhoef noted that the public hearing is for public input and revisions to the article. She also noted that the changes can easily be made on Town Meeting floor.

Selectman McDonald suggested holding the article and inviting Mr. Sandler to come meet with the Board on Wednesday.

8:40 Selectman Collins left the meeting.

Private Wind Energy Facilities

Ms. Vanderhoef noted that the primary change in the article is the requirement of land from three acres to one acre. She also noted that some language will be changed as its not quite legal language.

Selectman Schropfer made a motion to approve the article for private wind energy facilities. The motion was seconded by Selectman Sandblom and so voted 4-0.

Ms. Vanderhoef noted that John Knight, Finance Committee Chair, lowered the amount, as all the equipment cannot be used at one time. Selectman McDonald noted that the studies are good to track trends, and if ceased, we wont know what the trends are.

Selectman Schropfer made a motion to approve the pond stewards article. The motion was seconded by Selectman McDonald and so voted 4-0.

Selectman Schropfer made a motion to approve the minutes of the Wednesday, March 7, 2007 Work Session. The motion was seconded by Selectman McDonald and so voted 4-0.

Selectman Schropfer made a motion to approve the minutes of the Wednesday, March 14, 2007 Work Session. The motion was seconded by Selectman McDonald and so voted 3-0-1; Selectman Sandblom abstained, as he was not present at the meeting.

9:07 Administrator’s Report

Fred Fenlon, citizen, noted that the Green Communities Act will cause the Cape Light Compact to lose half of their energy efficiency money. Mr. Fenlon noted that the money will go to the office of energy affairs. Selectman Schropfer noted that the money should come back to the towns to support alternative energy. Ms. Vanderhoef noted that we will send a letter based on the Board’s feelings.

9:15 Cape Cod Scenic Tours

Ms. Vanderhoef noted that this group needs a municipal street tour license, which is just and acceptance letter from the Board.

Ms. Vanderhoef noted that Doug Fraser from the Cape Cod Times is doing a story involving all the Cape towns, and had requested that the Town waive the fee for this information. She noted that the Board can waive fees if it is the best interest of the public.

Selectman Schropfer made a motion to waive the fees for preparation of this information. The motion was seconded by Selectman Sandblom and so voted 4-0.

Selectman McDonald made a motion to adjourn. The motion was seconded by Selectman Sandblom. Selectman Burt, yes; Selectman Sandblom, yes; Selectman McDonald, yes; Selectman Schropfer, yes.

Respectfully Submitted,