MINUTES
Board of Selectmen
Monday, April 7, 2008
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.
Michael Ferreira, Assistant Town Administrator
Absent: Sheila Vanderhoef, Town Administrator
Selectman Burt called the meeting to order at 6:30 p.m.
I. PUBLIC INFORMATION
Selectman Martin announced that an Eastham Elementary School Open House will be held on Saturday, April 12, 2008 from 9:00 a.m. - 11:00 p.m. There will be guided tours of the facilities and classrooms, so that the public can view and enjoy the highlights of their new elementary school.
Selectman McDonald noted that there will be an Energy Forum at Cape Cod Community
College with more details to follow.
Mr. Fred Fenlon (citizen) gave an energy efficiency update and noted that the town has done quite well. Selectman Burt also noted that monies have been returned to the town for lighting improvements.
Mr. Robert Smith (Friends of Eastham Recreation, Inc. Oceanside Beach Committee) wanted to share with the public that a video generated by a class of students at the Nauset Regional High School regarding the issue of the Ocean Beach and will be viewed on Tuesdays on Channel 17. Additionally, copies will be available in a DVD format. Mr. Smith asked the public to call 508-255-3831 for a copy of the DVD which will be provided upon request.
II. APPOINTMENTS
1. Renewals - Seasonal All Alcoholic Common Victualer Liquor Licenses
Licenses for the following establishments were considered at this time:
Ferro Family Lobster Pool
Dell Enterprises, Inc. Dba Lobster Shanty
Orleans - Eastham Elks Lodge
L & T Fine Foods Corp. Dba Laura & Tony’s Kitchen
Jerope, Inc. Dba Arnold’s Restaurant
Selectman Collins moved to approve the renewal of seasonal alcoholic beverage licenses for
the aforementioned. Selectman Schropfer seconded the motion.
Selectman Martin asked for further discussion and voiced a concern related to the issuance of a seasonal beverage license to the Ferro Family Lobster Pool. Selectman Martin asked for clarification on the “open/close/potential sale” of this establishment before a final determination was made.
Selectman Martin then made a motion to approve the issuance of renewal licenses for Dell Enterprises, Inc. Dba Lobster Shanty; Orleans - Eastham Elks Lodge; L & T Fine Foods Corp. Dba Laura & Tony’s Kitchen and Jerope, Inc. Dba Arnolds’ Restaurant as presented. The issuance of a license to the Ferro Family Lobster Pool will be held at this time for further review. Selectman Schropfer seconded the motion. APPROVED 5-0.
The Board of Selectman asked that the request for a renewal license from the Ferro Family
Lobster Pool be duly placed on the Wednesday, April 9, 2008 agenda. This will have given staff
time to clarify the aforementioned concerns.
III. ADMINISTRATIVE MATTERS - Action/Discussion
Accept Resignation - Wastewater Management Planning Committee - Bruce Whitmore
Selectman Schropfer made a motion to accept Mr. Bruce Whitmore’s resignation from the
Wastewater Management Planning Committee and the Water Resources Advisory Board
with regrets. The Board of Selectmen would like to have a letter of gratitude sent to Mr.
Whitmore. Selectman Martin seconded the motion. APPROVED 5-0.
Selectman McDonald also voiced his appreciation of Mr. Whitmore’s services and noted that
he will be missed.
National Multiple Sclerosis Society Cape Cod Getaway MS 150 Bike Ride - Request
Permission/Use of Cooks Brook Beach - June 29, 2008.
Selectman Schropfer made a motion to approve the request received from the National Multiple Sclerosis Society for use of Cooks Brook Beach on June 29, 2008, during their Cape Cod Getaway MS 150 Bike Ride. Selectman Martin seconded the motion with the condition that they provide a Certificate of Insurance. APPROVED 5-0.
Hands on the Arts Festival - Request to Use the Windmill Green on Saturday,
June 14 and Sunday, June 15, 2008.
Selectman Schropfer made a motion to approve the request received from the Cultural Council for use of the Windmill Green on Saturday, June 14 and Sunday June 15, 2008 for the
Hands on the Arts Festival. Selectman Martin seconded the motion. APPROVED 5-0.
Massachusetts State Lottery Commission - KENO to go.
Michael Ferriera, Assistant Town Administrator, informed the Board that Chief of Police
Hedlund had indicated that there were no public safety issues related to this request as presented. Keno to go allows the ticketholder to view results on their personal computers.
The letter received from the Massachusetts State Lottery Commission states that the town has
a twenty-one day opportunity to raise any objections to this request.
The Board of Selectmen, by consensus, voiced no objections to the request received from the
Massachusetts State Lottery Commission as presented. At this time, they read the
establishments listed by the Massachusetts State Lottery Commission (i.e., Eastham Shell;
Eastham Superette; Eastham Texaco; Nauset Market; No. Eastham Village Mart and
Tedeschi Food #102).
Public Access Channel Request
Michael Ferreira stated that a written request had been received from both Mr. Tom Conrad,
Principal of Nauset Regional High School and Katie McCully, teacher, for permission to
air a video prepared by students regarding the Ocean Beach project on Eastham’s Channel 18
Government Channel.
Selectman Martin stated that it was her understanding that advocacy for any political purpose
was not permitted on a government access channel. However, this video could be played on Channel 17 without a problem. Selectman McDonald voiced his concern related to an educational forum which may show only one side of an issue. Selectman McDonald noted that it would have been appropriate to give both sides the opportunity to participate in this project in order to present an unbiased viewpoint. Selectman Schropfer asked if there was any indication that the other viewpoint will be videoed. At this time no such indication has been received and/or voiced.
Mr. Ferreira noted that in conversation with Ms. McCully it was his understanding that it
was not their intention to do a “pro or con” presentation, but rather an educational video.
Selectman Martin made a motion to reject this request as presented.
Selectman Schropfer indicated that in his view the instructional value of the video encompassed
learning techniques of the video process itself and interviewing. However, he agreed that the video
should be played on Channel 18, but only if two different points of view were presented.
Mr. Ferreira also stated that he had a conversation with Ms. Sheila Vanderhoef, Town
Administrator, who felt the discussion should include establishing a policy for Channel 18
viewing. This is the direction she recommended that the Board consider.
Selectman Martin again made a motion to reject this request. Selectman McDonald then seconded the motion.
Mr. Robert Smith then asked the Board if they have ahd an opportunity to view the video. They
responded that at this time they had not. However, the video jackets as presented for distribution to the Board of Selectmen earlier that day were empty. Mr. Smith apologized for the empty video jackets and said he would provide the discs. He also noted that there was one video presented with the original request.
James Ludwig (Citizen) spoke to the Board and reiterated the need for the Board of Selectmen
to set a policy for viewing on Channel 18. He noted that the Town of Orleans has a policy
in place which might prove helpful to the Town of Eastham as they go forward in formulating
a policy. He also stated that there is particular emphasis on observing equal time, airing opposing viewpoints, etc. on government channels. Additionally, he stated that as a Comcast employee, he cannot as much as touch equipment related to the transmittal of any videos containing political issues as Comcast would then potentially be viewed biased and as in support of such programming. In the meantime, Mr. Ludwig noted that Channel 17 will give them as much time as possible. Furthermore, he stated that there is no editorial control over content on this public access channel. Additionally, Mr. Ludwig saw the potential of liability issues related to inappropriate programming on government channels. As such, he agreed with the motion on the floor
presented by Selectman Martin.
There being a motion and a second already on the floor, the Board of Selectmen proceeded to
vote on the motion on the floor to reject the request as presented. The motion to reject the request was approved. APPROVED 4-0. Selectman Burt recused herself from this vote as an employee of the Nauset school system.
Joan Sullivan (Friends of Eastham Recreation, Inc. Oceanside Beach Committee) then stated that
she was pleased that the Board of Selectmen would be establishing a policy for Channel 18 access. She noted that in her opinion the students at Nauset High School had done a very good job. She stated that the Beach opponents had expressed their view through programming on Channel 17 when this last came before the town. It was then noted that the Friends of Eastham Recreation, Inc., Oceanside Beach Committee had an opportunity at that time to also present their viewpoint. Ms. Sullivan said that by that time they deemed it to be too late to present their view.
Warrant Articles - Remaining Votes
Article 12 -
FY 09 Town of Eastham Operating Budget
Selectman Schropfer noted that the Board of Selectmen have gone over this Article very closely.
Selectman Burt also stated that the Board of Selectmen have gone over the budgets and line items with a great deal of attention.
Selectman Martin made a motion to accept Article 12 as presented Selectman McDonald seconded the motion. APPROVED 5-0.
Article 18 - Conservation Restriction “Ocean Beach”
Selectman Schropfer made a motion to accept Article 18 as presented. Selectman Collins seconded the motion. APPROVED 3-2. Selectman Martin and Selectman McDonald opposing.
Article 28 - CPA Eastham Housing Authority $300,000
Selectman Schropfer made a motion to accept Article 28 as presented . Selectman Martin seconded the motion. APPROVED 5-0.
Article 29 - Rescind May 2006 Housing Reserve Expenditure Transfer
Selectman Martin made a motion to accept Article 29 as presented. Selectman Schropfer seconded the motion. APPROVED 5-0.
Article 40 - Petition - Road Acceptance of Chipmunk Lane
Selectman Schrofper made a motion not to approve the acceptance of Chipmunk Lane
as presented . Selectman Collins seconded the motion.
A short discussion followed where it was noted that the Board of Highway Surveyors had voted on this Article (0-3) and had “ opposed acceptance of the road as it is not built to current standards.” Additionally, the Planning Board had also voted on this Article (0-5) and was also “opposed to acceptance of road.” Therefore, a vote was taken not to recommend this Article.
APPROVED 0-5
Letter of Gratitude for helping in the passage of supplemental budget for RTA.
The Board of Selectmen wished to convey their thanks to Sarah Peake, State Representative,
Cleon H. Turner, State Representative and Robert Leary, State Senator, for their outstanding work in facilitating “the recent passage of a supplemental budget” which will prove significant to the Cape’s Flex communities.
Selectman Martin asked that a letter of thanks be sent to our state representatives in their
efforts to effect the initiative. Selectman Schropfer seconded the motion. APPROVED 5-0.
III. MINUTES
Wednesday, January 23, 2008 - Work Session
The Board of Selectman discussed the aforementioned minutes and wish to have minor corrections made and to review them further before a vote is taken.
Wednesday, January 30, 2008 - Work Session
The Board of Selectman discussed the aforementioned minutes and wish to have minor corrections made and to review them further before a vote is taken.
Wednesday, February 6, 2008 - Work Session
Selectman Schropfer made a motion to accept the minutes for Wednesday, February 6, 2008 as presented. Selectman McDonald seconded the motion. APPROVED 5-0.
Tuesday, February 19, 2008 - Regular Session
Selectman Schropfer made a motion to accept the minutes for Tuesday, February 19, 2008 as
presented. Selectman McDonald seconded the motion. APPROVED 5-0.
Monday, March 3, 2008
The Board of Selectman discussed the aforementioned minutes and wish to have minor corrections made and to review them further before a vote is taken.
All matters having been discussed, Selectman McDonald made a motion to adjourn at 7:30 p.m. Selectman Collins seconded the motion. APPROVED 5-0.
Respectfully submitted,
Lorraine Speros
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