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Selectmen's Meeting Minutes 11/05/07

MINUTES                                                 
Board of Selectmen
Monday, November 5, 2007
Regular Session - 6:30 p. m.

Location:       Earle Mountain Room, Eastham Town Hall

Present:        Selectman Linda S. Burt, Chair
                Selectman Martin F. McDonald, Vice-Chair
                Selectman David W. Schropfer, Clerk
                    Selectman Kenelm N. Collins
                Selectman Carol F. Martin.

                Sheila Vanderhoef, Town Administrator
                Michael Ferreira, Assistant Town Administrator
                        
Selectman Burt called the meeting to order at 6:30 p.m.

PUBLIC INFORMATION

Selectman Martin noted that there will be a Community Forum regarding the Library Expansion
Project which will be  held at Town Hall on Saturday, December 1, 2007.   The time and format are “to be announced.”

Selectman McDonald noted that results of recent water studies related to the Cape Cod Water
Collaborative and the Towns of Eastham, Orleans and Brewster may be of interest to the
Town of Eastham.   The grant project is in the works.  When it is finalized,  they will contact us and  a representative  will then be appointed to represent Eastham.  

Ms. Vanderhoef updated  the public on the recent storm of November 3, 2007.  She  noted that as of 6:00 p.m. this November 5, 2007, it was her understanding that there were approximately one hundred and twelve (112) meters (i.e,  homes and/or businesses) still without power.  N Star  and Verizon trucks are visible and working.    It is hoped that there will be full power before tomorrow.   Ms. Vanderhoef applauded the extraordinary job done by the DPW, Police and Fire Departments.  She said shelter was offered, and although no one from Eastham participated, there were individuals from Wellfleet present at Eastham’s shelter at the Council on Aging.   Ms. Vanderhoef also noted that local volunteers from the Red Cross were  present to help.  

Ms. Vanderhoef noted that as with any emergency planning,  reassessment after an event is important.

Selectman Martin asked that a thank you  be sent to each department head involved  for their efforts to help in this emergency.  However, Selectman Martin stated that she was not pleased with  N Star’s response to this emergency.  Selectman Martin would like a representative of N Star to meet with the Board of Selectmen in the near future in order to discuss policies and procedures, adequacy  of equipment, staffing  and how prioritization is determined.  Selectman Martin was concerned about N Star’s  level of response time as it relates to the Town of Eastham.

Ms. Vanderhoef noted that N Star will be called and that a request will be made to have a
representative meet with the Board of Selectmen as soon as possible.

Ms. Vanderhoef was pleased to announce that Ms. Joan Plante, Treasurer/Collector for the  Town of Eastham,  has received renewal of her certifications (i.e., Certified Massachusetts Municipal Collector and Certified Massachusetts Municipal Treasurer) from  the Massachusetts Municipal Collectors and Treasurers Association.  As part of the criteria for the renewals,  Ms. Plante has successfully met all continuing educational requirements. Ms. Vanderhoef offered her congratulations to Ms. Plante on behalf of the Town of Eastham.

Ms. Vanderhoef reminded  the Board of Selectmen that the Cape Cod Selectmen and Councilors Association will meet on November 9, 2007 at 7:30 a.m. at the Sunset Grille, MacArthur Boulevard, Bourne MA should members wish to attend.

Mr. Fred Fenlon (Citizen) announced that the Eastham Dog Owner’s Association will hold their
first annual meeting on Thursday, November 8, 2007 at the Council on Aging.  This meeting
is open to the public.  Mr. Fenlon, in response to a question from Selectman McDonald,
indicated that the Eastham Dog Owner’s Association has, at present,  approximately one hundred and forty (140) members.  

Russell French (Citizen) came before the Board of Selectmen to outline some of his ideas regarding  traffic concerns at Brackett Road and Route 6.  He stated that he recently participated in a Cape Cod Joint Transportation Committee meeting with Michael Ferreira, Assistant Town Administrator.  Mr. French then outlined his recommendations regarding  “signal sequencing to enhance both safety and convenience.”   Mr. French then asked the Board of Selectmen to consider sending a letter outlining his recommendations to the Massachusetts Highway Department, with a copy to the Cape Cod Commission.  

Selectman McDonald thought that Mr. French’s recommendations were reasonable and would like the Board of Highway Surveyors to also review this request.  Selectman Martin further recommended that specifics be discussed with Police Chief Richard Hedlund  before any determination was  made.

Ms. Vanderhoef noted that the Board of Highway Surveyors has met with Weston and Sampson and has been working with them.   It was determined  that traffic engineers would be consulted to review the concerns raised here this evening.

Selectman Schropfer suggested that this could be considered in a  two-pronged manner  (an  immediate low- cost,  quick fix and  consideration of a longer term solution.) Mr. Schropfer said  that his only concern with the suggestions presented would be that the sequences be in the reverse order, meaning that Brackett Road gets a green signal first  rather than Old County Road.
The Board of Selectmen would like to hear further from staff related to the above recommendations as soon as possible.  

APPOINTMENTS

Bikeways Committee

The Board of Selectmen met with Ms. Carol-Ann Dobek who expressed interest in serving on the Bikeways Committee.  The Search Committee has contacted Ms. Dobek and determined that she has attended a Bikeways Committee meeting.  Ms. Dobek noted that she is a retired teacher and is an avid biker.  Ms. Dobek noted that she is a passionate advocate of biking safety.

Selectman Martin made a motion to appoint Mr. Carol-Ann Dobek to the Bikeways Committee for a term to expire on June 30, 2010.  Selectman Schropfer seconded the motion.
APPROVED 5-0.

Selectman McDonald  noted that Mr. Russell Sandblom, former Selectmen, had expressed an
interest in the Bikeways Committee.  However, he  was not able to be present this evening to meet with the Board of Selectmen.  Selectman McDonald n said  that although Mr. Sandblom was not present, he was well known to the Board.  

Selectman Martin made a motion to appoint Mr. Russell Sandblom to the Bikeways Committee.
However, Selectman Schropfer noted that he has been in contact with Mr. Sandblom, and that it was his understanding that Mr. Sandblom would  like to personally come before the Board of Selectmen at another time  to be considered for this appointment.    That being said, the Board of Selectmen did not second the motion nor vote on this appointment at this time.

Recycling Committee

The Selectmen met Ms. Lisa Pannacione who expressed interest in serving on the Recycling Committee.  The Search Committee contacted Ms. Pannacione and determined that she attended a Recycling Committee meeting.  Ms. Pannacione expressed her avid interest in recycling.  Ms. Pannacione stated that she was formerly a seasonal employee for the Town of Eastham and has been a vocal advocate for “recycle, reuse and reduce.”  

Selectman Martin made a motion to appoint Ms. Pannacione to the Recycling Committee for a term to expire on June 30, 2010.  Selectman Schropfer seconded the motion. APPROVED 5-0.

Recommendations to Search Committee

The Board then discussed further recommendations that they would like to make to the newly
formed Search Committee.  These recommendations included receiving communication from
the Search Committee via a letter and/or memorandum which would include a few sentences related to what they found of particular interest in each  candidate; confirmation that the candidate  understood the charge of the particular  committee that they are interested in; indications that they have in fact attended a meeting and  are taxpaying residents.    The types of questions that the Board of Selectmen may be asking should also be brought to the attention of the candidates.

Ms. Vanderhoef said that  if the Board would like the Search Committee to ask  more detailed questions of interested candidates  this  needs to be incorporated into their  charge.  

Ms. Sandy Oliver-Johnson (Search Committee) gave a short overview of the Search Committee’s
progress thus far.  She noted that the volunteer application form has been revamped and does have check boxes for some of the items discussed.  Ms. Oliver stated that the Search Committee did not feel it was their responsibility to streamline the list, but rather to present to the Board of Selectmen all interested candidates who have met the minimum criteria.  

Ms. Vanderhoef noted that it is her understanding that the Board of Selectmen is  looking for a cover memorandum from the Search Committee with the applications  that will address the criteria as described.  That being said, Selectman Burt moved to the next item on the agenda.

Renewal Aquaculture Licenses

Mr. Henry Lind, Natural Resources Officer, asked the Board of Selectmen to renew Aquaculture
Licenses for the following individuals,  thereby extending their lease(s) for a ten-year period to April 2017.  

        Kenelm Collins  Site N 1,2,7
        Luther Eldredge         Site N 35
        Steven Smith            Site N 43

Mr. Lind noted  that the aforementioned individuals have complied with all requirements under our regulations.    

Selectman Schropfer made a motion to renew the Aquaculture Licenses for Kenelm Collins,
Site N 1, 2, 7;   Luther Eldredge,  Site N 35 and Steven Smith, Site N 43,  thereby extending their leases  for a  ten year period until April 2017.  Selectman McDonald seconded the motion. APPROVED 4-0-1;  Selectman Collins recused himself from this vote.

Eastham Energy Efficiency Results - Fred Fenlon

Mr. Fenlon noted that Cape Cod has the highest electrical rates in the continental U.S., except for Hawaii and is very concerned about these statistics.  As a point of information, he noted that Eastham is becoming the “Greenest Town” in Cape Cod.  Of interest is a “time of use meter” which may allow individuals to “get a substantial discount.”  A “time of use meter” could be presented to N Star involving a pilot study with fifty (50) families.  

On another item, Mr. Fenlon announced that there is a meeting scheduled at Town Hall on
November 15, 2007 at 7:00 p.m. with Cape Light Compact to discuss electricity bills.  The public is  invited. Additionally, the Chamber of Commerce has expressed interest in this discussion and is
sending out notices related to this meeting.  

Sandy Oliver-Johnson spoke to the “time of use meter” recommendation and noted that as a result of her personal experience with this program, she would highly recommend the same. However, it was her suggestion  that N Star confirms and/or guarantees off-peak time discounts.  

Update - Barnes Gas Station Tank Removal Status - Chief Olson

Fire Chief Olson provided an overview regarding  5350 State Highway currently owned by the Clancy Realty Trust.  Mr. Olson informed the Board of Selectmen that the removal of underground tanks from the property has not taken place and efforts by the family to secure financing as of 2005  do not appear to have been successful as of this date.  

Discussion followed with a view toward finding relief of this situation.  Fire Chief Olson
indicated that with the Board of Selectmen’s permission,  he would like to re-approach the family,  as advised by Legal Counsel, in order to gain access to the property and  to establish whether or not the tanks are empty.  At this time, there are no records to ascertain whether or not the “product”  was  taken out.  The first phase of this effort would be to do an  assessment and the second would be removing the tanks.

Discussion  followed regarding the potential cost of removal, grant applications, the need to confirm financial solvency of the trust through Legal Counsel, concerns related to the accumulation of fines, possible liens, liability if in fact there is contamination,  and  DEP’s involvement if contamination is confirmed.    

Chief Olson informed the Board of Selectmen that he is meeting with Clancy Realty Trust
tomorrow (Tuesday, November 6, 2007) and will update the Board at their Wednesday,
November 7, 2007 meeting.

Wastewater Funding Request - Meint Olthof & Bruce Whitmore

Mr. Whitmore (WRAB) requested that a “line item of $125,000 be included in the 2008 budget for a Town-wide wastewater management study.”  Mr. Whitmore indicated that this study had been delayed.  However, because of concerns about wastewater issues,  this is being brought to the Board’s attention for further consideration.

Selectman McDonald  asked Mr. Whitmore to outline what the scope of the study would be.  He
would like this information for consideration before making a decision on this request.
Mr. Whitmore said that a study of wastewater would include a series of tasks such as  developing an estimate of wastewater flow and an evaluation of overall treatments for the Town of Eastham.  

Selectman Martin commented that Mr. Whitmore’s request and concerns were heard and agreed that it was important to move forward on this important issue.    Selectman Schropfer recommended looking into both federal and state monies that might be available for these studies.  Mr. Whitmore said that grants seem to be limited in this  area.    Selectman Schropfer agreed that this project was very important.

Selectman Martin made a motion to place a line item of approximately $125,000 for a Town-wide wastewater management study to be included as an Article in the May, 2008 Annual Town Meeting Warrant as presented by the Water Resources Advisory Board and Waste Water Management Planning Committee.  Selectman Schropfer seconded the motion.  APPROVED 5-0.

Letters of Resignation:

        Judy Cannon, Visitors Tourism & Promotion Services Board
        Brian Eastham, Long Range Planning Advisory Committee
        Kevin Holland, Planning Board

Selectman Burt referred to letters  recently received from Judy Cannon, the Chamber of Commerce’s representative on the Visitors Tourism & Promotion Services Board,  Brian Eastman, Long Range Planning Advisory Committee, and Kevin Holland, Planning Board, all offering their resignations.

Selectman Schropfer made a motion to accept resignations from the aforementioned (i.e., Judy Cannon, the Chamber of Commerce’s representative on the Visitors Tourism & Promotion Services Board, Brian Eastham, Long Range Planning Advisory Committee and Kevin Holland, Planning Board)   and requested that a letter of appreciation  be sent to each individual thanking them for their service. Selectman Martin seconded the motion.  APPROVED 5-0.

Approval of 2008  Multiple Sclerosis Challenge Walk - September 5-7, 2008

The proposed route for the 2008 Multiple Sclerosis Challenge Walk has been reviewed and approved by Chief Hedlund.

Selectman Martin made a motion to approve the route as presented for the 2008 Multiple Sclerosis Challenge Walk to be held on September 5-7, 2008.  Selectman Schropfer seconded the motion. APPROVED 5-0.

R.T.A. Auditor Flex Information

Ms. Vanderhoef noted that a letter had been received from Robert F. Gayton, CPA from Natick,
raising concerns about the financial stability and future of Flex Route funding.    Ms. Vanderhoef
also stated that an emergency meeting has been scheduled for November 14, 2007 to discuss
these concerns.  Ms. Vanderhoef will be attending this meeting.

Selectman Martin recommended the suspension of services during the winter months until finances are fully analyzed.  Selectman Schropfer acknowledged that this would affect many citizens who depend on these services and noted the serious financial implications of this report.  
After further discussion, Ms. Vanderhoef noted that if it is the will of the Board of Selectmen, she
will deliver  this message at the November 14,  2007 meeting.

Selectman Schropfer made a motion to authorize our representative to the Regional Transit
Authority (that being Ms. Sheila Vanderhoef, Town Administrator) to object to further Flex
service  beyond December 1, 2007, if no guarantee of funds is available at that time.
The Town of Eastham cannot support additional funding to support this project.  Selectman
Martin seconded the motion and stated that this matter must be resolved and properly funded
before further consideration.  APPROVED 5-0.

OTHER BUSINESS

Ad Hoc Wind Turbine Study Committee

Ms. Vanderhoef noted that the Ad Hoc Wind Turbine Study Committee would like to present
the proposed By-law they have been charged to work on as soon as possible.  The proposed By-law
needs to be reviewed in a timely manner in order to accommodate a series of hearings necessary  to place  the By-law on the Annual Town Meeting Warrant for 2008.

Ms. Vanderhoef noted that Mr. Tom Reilly, Chair of the Ad Hoc Wind Turbine Study Committee,
estimates that he will need approximately one to two hours to review and present the By-law
to the Board of Selectmen.  

After discussion of schedules, the Board of Selectmen elected to add an additional Board of
Selectmen’s meeting on Tuesday, November 27, 2007, in order to accommodate this request.

Nauset Regional Tour at Middle School - Thursday, November 28, 2007

Selectman Collins, Martin and Schropfer indicated that they will attend the tour.

Draft of Budget Policy

The Budget Policy will be further reviewed at the Wednesday, November 7, 2007 meeting.

Flag Display Policy

Discussion revolved around definition of half staff vs. half mast and the need to be consistent.
Selectman Collins noted that “half-mast” is correct and should be consistently used
throughout  the policy statement.  

The Board discussed the timeliness of putting the flag at half-mast upon notification of an
individual’s passing and agreed that it  optimally should be put at half-mast within twenty-four
hours of death notification.  

Selectman Collins made a motion to accept the Flag Display Policy with changes noted on
the final copy. Selectman Martin seconded the motion.  APPROVED 5-0.

Cancellation - Board of Selectmen’s Meeting - November 21, 2007

The Board of Selectmen concurred that the November 21, 2007 meeting should be cancelled
due to its proximity to the Thanksgiving Holiday.

Beach Utilization and Critical Planning Beach Sub-Committee

Ms. Vanderhoef noted that the agenda for the Board of Selectmen’s Monday, December 17, 2007
meeting will include  an update  related to beach utilization at Nauset Light as well as an update from the Critical Planning Beach Sub-Committee.  

Selectman Martin asked that the process for subcommittees be reviewed and adhered to.  Selectman Schropfer concurred that although he had no objections related to committees creating subcommittees, they must follow the rules as any other committee.

All matters having been discussed, Selectman Collins then made a motion to adjourn at 8:45 p.m.  Selectman Schropfer seconded the motion.  APPROVED 5-0.

Respectfully submitted,


Lorraine Speros






































Eastham, Massachusetts
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