Town of Eastham MA - Selectmen's Meeting Minutes 08/06/07

Board of Selectmen

Monday, August 6, 2007 – 6:30 p.m.

Eastham Town Hall – Earle Mountain Hearing Room

PRESENT: Linda S. Burt, Chair

Martin F. McDonald, Vice Chair

David W. Schropfer, Clerk

ALSO: Sheila Vanderhoef, Town Administrator

Selectman Burt called the meeting to order at 6:37 p.m.

Selectmen/Public Information

Selectman Schropfer noted that the Pan-Mass Challenge was a very successful event and commended the Bikeways Committee for their volunteer efforts.

Sandra Larsen, citizen, questioned the activation of Eastham’s live feed channel by Comcast. Ms. Vanderhoef responded that the Town has made the request, but due to the contract issues, Comcast is reluctant. She informed the Board and the public that it is currently a non-compliance issue that she is working with our attorney to correct.

6:42 Comcast Contract Renewal

Ms. Vanderhoef would like to update the Board on the status of the negotiations. She informed the Board that the Department of Telecommunications is aware of the situation, noting that Comcast sent a letter to them, mirroring the issues set forth by the Town. Ms. Vanderhoef also noted that she will be setting up a meeting with the Town’s attorney this week and will continue to press for the activation of Channel 18. She informed the Board that Comcast is concerned about activating the channel without an active contract. Ms. Vanderhoef also noted that she has recently been approached by C3TV regarding studio access and will continue to work with Larry Greely.

Selectman Burt suggested demanding what is in the old contract as that is currently the contract being used. Selectman Schropfer questioned the benefit of a letter from the Board. Ms. Vanderhoef responded that Selectman Collins had signed a letter sent previously, with no difference in response.

6:45 Minutes Policy

Ms. Vanderhoef noted that changes had been made to the policy based on comments from the Board. Selectman Schropfer would like to mention in the policy that the forty-eight hour meeting posting deadline does not include Sundays and holidays, but does include Saturdays.

Selectman McDonald made a motion to approve the minutes policy with the addition of Sunday and Holiday exclusions. The motion was seconded by Selectman Schropfer and so voted 5-0.

6:48 Approval of Minutes

Selectman C. Martin made a motion to approve the minutes of the June 4, 2007 Regular Session meeting. The motion was seconded by Selectman Schropfer and so voted 5-0.

Selectman Schropfer made a motion to approve the minutes of the June 20, 2007 Regular Session meeting. The motion was seconded by Selectman Collins and so voted 5-0.

Selectman Schropfer made a motion to approve the minutes of the June 20, 2007 Executive Session meeting. The motion was seconded by Selectman McDonald and so voted 5-0.

Selectman Schropfer questioned the Eastham forum’s signage recommendation. Ms. Vanderhoef responded that it is a funding issue, with the primary focus at the Special Town Meeting to be the municipal water system.

Ms. Vanderhoef noted that the Board will work with the Search Committee charge on Wednesday, finalizing the questions so that they can begin their work. She also noted that the officers were voted as follows:

Chair – Jeanette Sandblom;

Vice Chair – Lisa Radke;

Clerk – Sandy Johnson-Oliver.

She also noted that the Search Committee’s next meeting will be held on September 11 at 4:00 p.m.

6:55 Public Hearing – Transfer Station Fees

Selectman Burt read the hearing notice as follows:

“Licensing and Permit Fees – The Board of Selectmen of the Town of Eastham will hold a public hearing on Monday, August 6, 2007 at 6:45 p.m., at Eastham Town Hall, 2500 State Highway, Eastham, MA., for the purpose of discussing proposed changes to various licensing and permit fees as listed:

Transfer Station Fees

(Note: Time is approximate) The public is invited to attend and to participate.”

Ms. Vanderhoef noted that the Planning Board is looking to change two of their fees. She noted that they would like to increase the application fee to $150 and charge $4 per abutter for a certified abutters mailing. She noted that when the applicant is left to do the mailing, the notices are not uniform. The statute suggests that they should be routine, which is why the Town should be doing the mailing.

Selectman Martin noted that it should be at least $5 to cover the certified fees associated with the abutters mailings. Ms. Vanderhoef noted that the Town mails to all persons within a three hundred foot radius of the project location. She also noted that the new fees would be effective immediately.

Selectman Schropfer made a motion to approve the site plan review fee of $150 with a charge for the certified abutters mailing of $20 plus $5 per abutter. The motion was seconded by Selectman C. Martin and so voted 5-0.

Selectman Burt questioned progress at the Transfer Station since the last Board discussion. Martin Mickle, Acting Superintendent of the Department of Public Works, responded that the Swap Shop is currently under control, with much improved quality of items at the Swap Shop. Selectman Martin questioned whether or not the volunteers share this feeling of success. Nancy Clarey, Resident, suggested limiting entry to Eastham taxpayers, with a nominal fee for recycling, with proof of trash removal.

Selectman Schropfer reminded residents that the sticker is also available for $70 per year ($1.35 per week) which is very reasonable. Selectman Martin noted that a five or ten dollar fee is too low, but suggested offering a recycling sticker at half the price of the transfer sticker, thereby allowing the recycling sticker fee to increase with any increase in the transfer station sticker. Selectman McDonald questioned the current influx of complaints. Mr. Mickle noted that the complaints have virtually stopped, citing timeframe of the initial change for the highest complaints.

Selectman Collins questioned why Eastham only accepts number one and two recyclable plastics (number is indicated on container). Jack Dowman, Chair, Recycling Committee, noted that Eastham does not have the space or staff to handle numbers three through seven marked plastics, also citing that the town currently profits from one and two plastics. Aimee Eckman, Resident, questioned why other towns with the same trash hauler are able to take all plastic recyclables that are commingled. Mr. Dowman responded that there is currently no charge for removal, with the facility profiting from the paper.

Bruce Willard, Resident, noted that there should be a fee, but not as high as half the transfer station sticker fee, citing that this will begin to deter the casual recycler from recycling. Russell French, Resident, suggested talking to other towns about their recycling pickup, and suggested that the fee for recycling should be no more than what other towns charge.

Selectman Burt noted that the Board will take this public hearing under advisement for the scheduling of fees for next year.

7:20 Wind Turbine Committee Update

Ms. Vanderhoef noted that the committee is approximately half-way through their work after five meetings.

Tom Reilly, Chair, Ad-Hoc Committee to Develop a Commercial Wind Turbine Zoning By-Law, identified the members of the committee as follows:

Leslie Ann Morse representing the Planning Board;

Craig Nightingale representing the Planning Board;

Andrew Wells representing the abutters group;

Philip Hesse representing the abutters group;

Brian Eastman representing the former Energy Committee;

Joseph Mistretta representing the former Energy Committee.

Mr. Reilly read the report on his committee as attached.

Mr. Reilly also noted that he understands the severity of these issues and believes that all the members on the committee have the best interests of Eastham in mind. Selectman Burt questioned how the committee has progressed in regards to noise and setbacks. Mr. Reilly responded that they will be discussing noise at their next meeting. Selectman Martin would like to commend the committee on keeping the focus objectively on the by-law. Mr. Reilly noted that no one seems to be against wind energy, but the opposition focuses on the possible adverse effects to the citizens.

Selectman Schropfer asked Mr. Reilly regarding the level of state contact regarding state legislation that may be passed in the near future. Mr. Reilly responded that they have not been in touch with Sarah Peake’s Office. Mr. Reilly further clarified that the Charge to the committee was very clear in asking for a comparative by-law that would benefit Eastham. Selectman McDonald noted that noise and setbacks are of great concern and asked if the group has discussed setbacks. Mr. Reilly responded that the setbacks will have an effect on the noise levels, but have not been discussed as yet. Selectman McDonald also questioned if the committee has looked at other towns’ proposed by-laws. Mr. Reilly responded that they have looked at Truro and Orleans, but added that Orleans has different issues as they have a large parcel of town owned land that can be used.

7:42 PACE Visitability Standards

Richard Adelman, Chair, Public Access Committee of Eastham (PACE), informed the Board that the issue of Visitability Standards had come up in 2005, but has since fallen through the cracks. He noted that the program would be voluntary. He also noted that this program is designed to help make homes more accessible to those with disabilities. Grady Scholl, PACE, noted that there is a tremendous difference in cost between making your new home/addition accessible as opposed to having to modify your home. She also noted that the accessibility changes make the resale value larger.

Mr. Adelman noted that PACE is asking the Board to adopt this policy for inclusion in the applications for building permits. Ms. Vanderhoef noted that the Board had previously adopted a policy, but added that this document is much stronger. Selectman Martin noted that any financial incentive should be removed from the policy.

Selectman C. Martin made a motion to approve the Visitability Standards with minor changes of removing the language of financial incentives, and to change the word “knob” to “handle”. The motion was seconded by Selectman McDonald and so voted 5-0.

7:55 PACE Crosswalk Request

Ms. Vanderhoef requested that the Board hold this issue because those involved with the request could not be present.

7:55 Light at Brackett Road and Route 6

Ms. Vanderhoef noted that there has been at lot of attention regarding this intersection and read Mr. George Heitman’s, Citizen, letter to the Board as attached. Mr. Heitman reiterated his suggestion of eliminating the left turn option temporarily for the summer and rerouting traffic out at Massasoit and Route 6. George Burgess, Chair, Board of Highway Surveyors, read his response letter as attached. Mr. Heitman then questioned the unfortunate frequency of accidents at this location. Mr. Burgess responded that many individuals drive too fast and do not pay attention. Richard Hedlund, Chief of Police, suggested that residents use a different set of lights to get onto Route 6 if possible, during the summer months. Mrs. Heitman questioned the use of the town land behind the Post Office. Mr. Burgess responded that the North Eastham Village Center potentially plans to use that land and eventually tie into Holmes Road. Russell French, Resident, noted that there should be four-way left hand turns and suggested designating someone to work with the State on fixing this situation.

Ms. Vanderhoef informed the Board that there is a design for Brackett Road in progress, but the town lacks funds and sufficient space for the sidewalk/bike path along Brackett. She added that a project will need to be done investigating land acquisition, indicating that full implementation will require land acquisition.

Selectman Schropfer made a motion to make the Brackett Road intersection a priority. The motion was seconded by Selectman Collins and so voted 5-0.

8:20 Cultural Council Request for Non-Resident Members

Ms. Vanderhoef informed the Board that, if allowed, this would be the first time the Board has allowed non-resident status. However, she also noted that it is allowed for this committee by State statute. Selectman Martin questioned if this was an attendance issue and suggested that this may be a task for the Search Committee. Sue Pellowe, Chair, Cultural Council, informed the Board that she has been trying to get new members for two years, also citing that there are a number of Eastham residents on the Chatham committee. She also noted that there are only two major events that the Council deals with; grant issuing in the fall and the Hands on the Arts festival in June, adding that members do not need to participate in both, but are welcome to do so. Selectman Martin questioned how many people are needed on the committee. Ms. Pellowe responded that they can have up to twenty-two members, but would like two or three more to reach fifteen.

Selectman McDonald questioned whether there are not enough people on the committee or whether enough members participate in the activities. Ms. Pellowe responded that both are true. She also noted that the committee meets four times in the fall and four to six times in the spring. Selectman McDonald questioned if Ms. Pellowe had anyone in mind for membership. Ms. Pellowe responded that she was seeking the Board’s approval before pursuing potential members. Selectman Schropfer asked Ms. Pellowe to provide a list of those members who have missed four consecutive meetings and offered to put her in touch with the program director for Nauset Newcomers. He also suggested giving this task to the Search Committee.

The Board will make a decision after more information has been gathered.

8:35 Timothy Smith Loan Policy

Ms. Vanderhoef noted that the old policy is attached to the draft policy, with the Treasurer in the process of re-writing the forms. Selectman Burt questioned a “forgiveness” policy. Ms. Vanderhoef responded that if there is a forgiveness policy it needs to be on a case-by-case basis. Selectman Martin questioned the collection rate of outstanding loans. Ms. Vanderhoef responded that there has been difficulty obtaining compliance with old loans and had taken measures to publish an ad in the paper to reach these individuals. Selectman McDonald questioned how many loans are currently in default. Selectman Collins responded that approximately three years ago there were sixty or so.

Selectman Schropfer suggested offering no forgiveness, sending notices to those outstanding and overdue, as well as advertise in the paper and declare a default. He noted that the goal should be to clear these loans off the books. Selectman Martin suggested that in a small town this act could create tensions with taxpayers and suggested contacting them personally before such advertising. Ms. Vanderhoef informed the Board that they have sent notices in the mail and added that they have been able to get some money paid after this contact had been established. Ms. Vanderhoef also added that this policy does not mention a collection agency and added that the Board can postpone this if they would like more time to review the policy.

Ms. Vanderhoef added that interest accrues when the loan becomes due (upon school completion).

Selectman C. Martin made a motion to approve the policy for the Timothy Smith Fund Loans. The motion was seconded by Selectman Schropfer.

The Board collectively agreed to postpone the vote in order to allow them to review and make changes to the policy for discussion purposes.

8:50 Transient Vendor Permits

Selectman Schropfer made a motion to approve the Transient Vendors Permits for those in the Windmill Weekend show, to be held September 7 and 8, as presented. The motion was seconded by Selectman McDonald and so voted 4-0 (Selectman Collins had already left the meeting).

Ms. Vanderhoef wanted to inform the Board that a woman who had paid while the Transfer Station was offering free entry was requesting a refund. She noted that the Town policy is “no refunds” and will so inform this individual.

8:52 Adjournment

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

Respectfully Submitted,