MINUTES
Board of Selectmen
Monday, March, 17, 2008 – 6:30 p.m.
Regular Session
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
Members of the Finance Committee
Absent:
Sheila Vanderhoef, Town Administrator
Chairman Linda Burt called the meeting to order at 6:35 p.m.
PUBLIC/SELECTMEN’S INFORMATION
Selectman Burt thanked the Massachusetts Senate for their support of the RTA and for keeping the Flex bus service running.
Selectman Burt stated that Eastham has received a 4% increase in state aide for FY09.
Selectman Burt stated that the statements in the interview with Selectman Ken Collins in the March 14, 2008 issue of The Cape Codder does not represent the opinions of the other members of the Board of Selectmen.
Selectman David Schropfer noted that there is a rabies clinic scheduled for Saturday, April 5, 2008.
Selectman Carol Martin said that the Planning Board will be discussing the three Wind By-Laws at their next meetings, and encouraged the public to attend. A work session is scheduled for March 19, 2008, and a public hearing is scheduled for March 26, 2008.
ADMINISTRATIVE MATTERS
Windmill Weekend Parade
The Board of Selectmen were informed that the Town of Harwich is planning to hold their Cranberry Festival Parade on Sunday, September 7, 2008, the same day as Eastham’s Windmill Weekend Parade. This will result in competition for bands and participants between the two towns. The Board of Selectmen agreed that a letter should be sent to the Town of Harwich asking them to reconsider their parade date.
Land Acquisition & Maintenance Fund Request
The Board was informed that the Wiley Park Bridge project is near completion, but due to unknown site conditions, the project is over budget. The request is to transfer funds from the Land Acquisition & Maintenance Fund to this project. After discussion the Board agreed that $10,800 should be transferred.
Selectman Martin motioned to transfer $10,800 from the Land Acquisition & Maintenance Fund to help fund the Wiley Park Bridge project. The motion was seconded by Selectman Schropfer and so voted 5-0.
Review of Annual Town Meeting Articles
Wastewater Management Planning- $125,000
Mr. Meint Olthof, member of the Waste Water Management Planning Committee, and the Water Resources Advisory Board, was present to discuss the Article. He stated that the funds would be used for consulting activities related to wastewater and municipal water study and planning.
The Board discussed the issue, stating that they wish to reactivate studies of both waste water and municipal water. It was stated that they need to have a plan in place to implement a wastewater plan. Selectman McDonald stated that he would like a copy of the Stearns and Wheeler study.
Mr. Norman Newell, Finance Committee member, stated that the public has made it clear they do not want to spend money on this. He stated that the Town needs to convince the public that a wastewater plan is needed.
Selectmen Schropfer stated that the state may mandate the implementation of a wastewater plan. He stated that at the last Town Meeting, the public wanted real numbers as to the cost of the project. Selectmen Martin stated that she will support this when real numbers become available.
CPA- Library Porch
Mr. Hank Curtis, Chair-Community Preservation Committee and Mr. David Skiba, Clerk-Community Preservation Committee were present to discuss the Article. They stated that the funds would be used for the restoration of the historic front porch of the Eastham Library.
Mr. Curtus said that this article is not ready to be voted on at this time. The Committee has received two conflicting estimates for the work. Mr. Curtis said that the CPC will be meeting on March 20, 2008, and will receive more information at that time. The article should be ready for a vote by the Board of Selectmen by April 7, 2008. Mr. Skiba said the full restoration of the porch should be under $10,000.
CPA- Town Clerk Records Retention
Mr. Hank Curtis, Chair-Community Preservation Committee and Mr. David Skiba, Clerk-Community Preservation Committee were present to discuss the Article. They said the funds would be used for the purpose of the preservation of volumes and artifacts in the Eastham Town Clerk’s office.
It was noted that the CPC believes that the purchase of shelves and a scanner is not in accordance with the CPC statute. A point was made that perhaps the Town Clerk’s office can share a scanner with another department.
Selectman Schroper stated that it troubles him that the Town Clerk’s office does not have the needed technology to preserve the information.
CPA- Swift Daley Museum Improvements
Mr. Hank Curtis, Chair-Community Preservation Committee and Mr. David Skiba, Clerk-Community Preservation Committee were present to discuss the article. They stated that the funds would be used for the purpose of adding funds to those already approved in the May 2007 ATM, to complete the program of renovation and restoration to the Swift Daly House. The work would be done in the Fall of 2008.
Mr. Skiba stated that the CPC voted and recommended approval of this. Selectman Martin stated that the CPC voted 5-2-1 on this issue. The two members of the CPC who voted no, did so due to an additional $4,600 that was added for undiscovered work that needs to be done.
Ocean Beach Conservation Restriction
This Article, if approved, would allow the construction of a beach parking lot and facilities for Eastham taxpayers. It was agreed that editorial changes to the Article should be made and that it will be discussed further at the Board of Selectmen’s March 19, 2008 meeting.
A discussion ensued regarding the potential economic effect of the Ocean Beach to the town, relative to property taxes, shuttle bus service, the town’s control over its own beach front, and the stairs for access the beach.
Mr. Ron Peterson, Eastham resident, read from a handout he distributed to the Selectmen (attached handout #1) regarding the Article. The handout stipulates his reasons as to why residents should vote yes on Article 18.
Ms. Joanna Stevens, Eastham Resident, read from a handout she distributed to the Selectmen (attached handout #2). The handout stipulates her reasons as to why residents should vote no on Article 18.
Selectmen Martin stated that she would like a report put together detailing the budget, finances and operating cost for the Ocean Beach if the article passes at Town Meeting.
Ms. Vanderhoef stated that she will obtain a copy of the Cape Cod Commission’s decision, and also put together revenue projections for the project.
Ms. Joy Brookshire, Eastham’s representative to the Cape Cod Commission, and former Eastham Selectman, discussed a report regarding the Ocean Beach project that former Board of Selectmen worked on.
Ms. Brainna Larsen, Eastham resident, spoke about the need for people to work together on the Ocean Beach issue and not let differences of opinion come between them. She stated that people should work for what is best for the town. She asked the residents to vote no on Article 18.
Mr. Jim Schrock, Eastham resident and structural engineer, spoke about the life expectancy and cost of the stairs proposed for the Ocean Beach. He stated that with the sea cliffs eroding at six feet per year, the stairs will need to be taken apart and reassembled every year. This will cost much more than the expected.
Mr. Russ Sandbloom, Eastham resident, spoke about the Ocean Beach and its overall economic effect to the town, stating that the businesses in town will benefit. He disagreed that the cliffs are eroding at six feet per year, saying that this directly contradicts what the National Seashore says. Mr. Sandbloom stated that 2.5 acres of parking lot is miniscule compared to what has been set aside.
Wind Turbines- Private Wind Turbines
Ms. Vanderhoef stated that the Private Wind Turbine Article has been reviewed and reformatted by Selectman McDonald to match the other articles, but it does not include everything that was in the previously published Town Meeting Warrant. Ms. Vanderhoef notified the Board that the public hearing on this Wind Turbine Article is scheduled for March 26, 2008.
Selectman Martin stated that even though this article is in a different format, it is basically the same article as last years. Last year’s article had a provision that no private wind turbine facility could be located on parcels of less than one acre. This new draft by-law has no such provision for a minimum size parcel, and this is something the Board should discuss.
Selectman McDonald said that this change to the by-law was made because at last year’s town meeting, a resident brought up the point that people with small lots should not be excluded from having a wind turbine. Selectman McDonald said that at the time, he felt this was an appropriate comment. Selectman Martin again stated that she is concerned about not including this provision in the article.
Selectman Burt said that in her opinion she would not restrict it to one acre parcels. Selectman Collins agreed with Selectman Burt’s statement.
The Board talked about wind turbine heights, set backs and abutting properties. Selectman Schropfer stated that the heights section of the article could be broader and that the planning board might want to be more specific with regards to this. He stated that he is not opposed to the one acre stipulation, but stated that it depends on the shape of the parcel.
Mr. Joe Bianci, Engineer, spoke about the structural capabilities of the wind turbines. He stated that it is unlikely that during storms with high winds the turbines would fall. He spoke about wind turbine poles and the fact that they can be collapsible and reliable, but costly.
It was decided that the Board will continue to review this issue in detail.
Wind Turbines-Commercial / Petition Article
Ms. Vanderhoef stated that an email was received from Mr. Wells, Eastham resident, urging the board to support this Commercial Petition Article.
The Board discussed setbacks, square footage, and energy requirements regarding wind turbines. It was stated that the Finance Committee has voted not to support this petitioned article.
Selectman McDonald stated that the article makes it impossible for a commercial wind turbine to be erected, because according to the article, the parcel of land must have, at a minimum, a 1,000 foot setback in all four directions. He explained that due to this setback requirement, the parcel of land where it could be erected must be a 90 acre parcel, something that is rare in Eastham.
Mr. Paul Lothrop, Eastham resident, asked if the town could use eminent domain to take residents properties to put in a commercial wind turbine. Selectman Collins said the town would not do that.
Wind Turbines- Commercial / Selectmen Article
The Board discussed the comparisons between the Commercial Selectmen Article and the other Wind Turbine Articles.
Abatement of Property Taxes under $10
Ms. Joan Plante, Town Treasurer, was present to discuss the article. Under MGL Chapter 60 Section 2, the legislation provides that town collectors need not pursue the collection of tax bills on which the outstanding balance of the tax due is less than ten (10) dollars. Ms. Plante stated that it only applies to property tax, not motor vehicle tax.
Selectman Ken Collins motioned to approve the article for inclusion in the Annual Town Meeting Warrant. The motion was seconded by Selectman Schropfer, and so voted 5-0.
Vote recommendations on Annual Town Meeting Articles
The Board of Selectmen voted on the following Warrant Articles for the May 2008 Annual Town Meeting.
Greenhead Fly Program Support
Selectman Collins made a motion to approve the Article for inclusion in the Annual Town Meeting Warrant.
Seconded by Selectman Martin. Vote: 5-0
DEP Liability
Selectman McDonald made a motion to approve the Article for inclusion in the Annual Town Meeting Warrant. Seconded by Selectman Martin. Vote: 5-0
Nauset Regional Agreement School Funding
Selectman Schropfer made a motion to approve the Article for inclusion in the Annual Town Meeting Warrant. Seconded by Selectman Martin. Vote: 5-0
Chamber Of Commerce Information Booth Grant
Selectman Schropfer made a motion to approve the Article for inclusion in the Annual Town Meeting Warrant. Seconded by Selectman Martin. Vote: 5-0
Council On Aging/Adult Day Center - Revolving Fund
Selectman McDonald made a motion to approve the Article for inclusion in the Annual Town Meeting Warrant. Seconded by Selectman Martin. Vote: 5-0
Recreation Bottles and Cans Revolving
Selectman Collins made a motion to approve the Article for inclusion in the Annual Town Meeting Warrant. Seconded by Selectman Schropfer. Vote: 5-0
Home Composting/Recycling Revolving Fund
Selectman Schropfer made a motion to approve the Article for inclusion in the Annual Town Meeting Warrant. Seconded by Selectman Collins. Vote: 5-0
Prior Year Unpaid Bills
Selectman Schropfer made a motion to approve the Article for inclusion in the Annual Town Meeting Warrant. Seconded by Selectman Collins. Vote: 5-0
Long Term Lease For Children’s Place Building and Land
The Board agreed to refine the language presented, taking out “no less than five years and no more than” and also adding “(2/3 vote required)”.
Selectman Schropfer made a motion to approve the Article for inclusion in the Annual Town Meeting Warrant with the changes as stated. Seconded by Selectman McDonald. Vote: 5-0.
Waste Water Management Planning Consulting Services
The Board agreed to refine the language, taking out “and municipal water.”
Selectman Schropfer made a motion to approve the Article for inclusion in the Annual Town Meeting Warrant with the change as stated. Seconded by Selectman Martin. Vote: 5-0.
FY09 Town of Eastham Operating Budget
The Board did not vote on this Article.
FY09 Capital Acquisition Article
Selectman Schropfer made a motion to approve the Article for inclusion in the Annual Town Meeting Warrant. Seconded by Selectman McDonald. Vote: 5-0.
Five Year Capital Plan FY10-FY014
Selectman Martin made a motion to approve the Article for inclusion in the Annual Town Meeting Warrant. Seconded by Selectman Schropfer. Vote: 5-0.
Current Year Budget Additions
The Board did not vote on this Article.
Fix Salaries Of Elected Officials
Selectman Martin made a motion to approve the Article for inclusion in the Annual Town Meeting Warrant. Seconded by Selectman Schropfer. Vote: 5-0.
Land Acquisition Congregational Cemetery
The Board made the decision that the Article is not needed. It was suggested that trustees entrusted to manage the cemetery could take on this responsibility.
Conservation Restriction – “Ocean Beach” On Ocean Beach Drive
The Board did not vote on this Article, but did agree that some of the language should be changed in the summary portion of the Article.
Selectman Collins recused himself at 8:40p.m.
Visitor’s Services Board FY09 Expenditures
Selectman Schropfer made a motion to approve the Article for inclusion in the Annual Town Meeting Warrant. Seconded by Selectman McDonald. Vote: 4-0.
Transfer Funds to Stabilization Fund
Selectman Martin made a motion to approve the Article for inclusion in the Annual Town Meeting Warrant. Seconded by Selectman McDonald. Vote: 4-0.
Transfer $48,000 Elementary Capital Acquisition Computers
Selectman Martin made a motion to approve the Article for inclusion in the Annual Town Meeting Warrant.
Seconded by Selectman McDonald. Vote: 3-0-1 Selectman Burt abstained.
CPA- Eastham Housing Authority $300,000
The Board decided to hold off on this Article, and did not vote on it.
CPA- Eastham Housing Authority $34,500 Window Replacement
The Board agreed to refine the language presented, taking out “up to ninety (90).”
Selectman Martin made a motion to approve the Article for inclusion in the Annual Town Meeting Warrant with the change as stated. Seconded by Selectman McDonald. Vote: 4-0
CPA- Windows Historic Section Town Hall
Selectman Schropfer made a motion to approve the Article for inclusion in the Annual Town Meeting Warrant. Seconded by Selectman Martin. Vote: 4-0
CPA – Old Windmill Restoration/Repairs
The Board agreed to refine the language presented, adding “but not limited to the” after the word including, and also taking out the word “steel.”
Selectman Schropfer made a motion to approve the Article for inclusion in the Annual Town Meeting Warrant with changes as stated. Seconded by Selectman Martin. Vote: 4-0
CPA- Ancient Cemetery Restoration Work
Selectman Martin made a motion to approve the Article for inclusion in the Annual Town Meeting Warrant. Seconded by Selectman McDonald. Vote: 4-0
CPA-Town Clerk Record Restoration
The Board agreed to refine the language presented, taking out the words “sixteen (16) volumes and.”
Selectman Martin made a motion to approve the Article for inclusion in the Annual Town Meeting Warrant with the change as stated. Seconded by Selectman Schropfer. Vote: 4-0
Library Porch
The Board decided to hold off on this Article, and did not vote on it.
Swift Daley
Selectman Schropfer motioned that because the Board would not be able to have a quorum to vote on this issue due to some Selectmen needing to recuse themselves, the rule of necessity must be invoked, thereby permitting those members to vote on the Swift Daley Article. The motion was seconded by Selectman McDonald and so voted 4-0.
Selectman Martin made a motion to approve the Article for inclusion in the Annual Town Meeting Warrant.
Seconded by Selectman McDonald. Vote: 4-0
CPA -Administrative Expenses Set Aside
Selectman Martin made a motion to approve the Article for inclusion in the Annual Town Meeting Warrant. Seconded by Selectman McDonald. Vote: 4-0
CPA - Reserve Set Aside - All Categories
The Board decided to hold off voting on this Article until the monetary amounts are finalized.
Nauset Capital Improvement Funding
The Board decided to hold off on this Article, and did not vote on it.
Zoning – Demolition Delay By-Law Amendment
Selectman Schropfer made a motion to approve the Article for inclusion in the Annual Town Meeting Warrant with some refinements to it. Seconded by Selectman McDonald. Vote: 4-0.
Planning Board Permit Authority for Wind Energy #1
Selectman Schropfer made a motion to approve the Article for inclusion in the Annual Town Meeting Warrant. Seconded by Selectman McDonald. Vote: 4-0
Planning Board Permit Authority for Wind Energy #2
Selectman McDonald made a motion to approve the Article for inclusion in the Annual Town Meeting Warrant. Seconded by Selectman Schropfer. Vote: 4-0
Zoning- Planning Board Consultant Fees
Selectman Martin made a motion to approve the Article for inclusion in the Annual Town Meeting Warrant. Seconded by Selectman McDonald. Vote: 4-0
Zoning-Definitions Wind Energy Etc.
The Board decided to hold off on this Article, and did not vote on it.
Zoning- Public (Commercial) Wind Turbine By-Law
The Board decided to hold off on this Article, and did not vote on it.
Zoning- Private (Household) Wind Turbine By-Law
The Board decided to hold off on this Article, and did not vote on it.
Petition - Juice Bar Funding
Selectman Schropfer made a motion to approve the Article for inclusion in the Annual Town Meeting Warrant. Seconded by Selectman McDonald. Vote: 0-4.
The Board did not support the petitioned Article due to the availability of unexpended funds from FY07, and the fact that the Juice Bar has not yet secured a building for use.
Petition - Road Acceptance Chipmunk Lane
Selectman Martin made a motion to approve the Article for inclusion in the Annual Town Meeting Warrant. Seconded by Selectman Schropfer. Vote: 0-4.
The Board did not support the Article due to the fact that Chipmunk Lane does not meet town road standards.
Resolution- Fund Safe Withdrawal of Troops from Iraq
The Board did not vote on this resolution.
ADMINISTRATOR’S REPORT
Ms. Vanderhoef reminded the Board that the next Board of Selectmen’s meeting will take place on Wednesday, March 19, 2008 at 1pm.
OTHER BUSINESS
Ms. Vanderhoef notified the Board that she is looking into solar lighting options.
Selectman McDonald stated that he will not be able to attend the last few Board of Selectmen’s meetings before the Annual Town Meeting and asked if Ms. Gwen Pelletier, Town Moderator, could come to the April 9, 2008 Board of Selectmen’s meeting to discuss the procedures for Town Meeting.
Selectman David Schropfer made a motion to go into Executive Session at 9:20 p.m. for a discussion on litigation and contract negotiation, and not to return to public session. The motion was seconded by Selectman Martin and so voted 4-0. Selectman Linda Burt, yes; Selectman McDonald, yes; Selectman David Schropfer, yes; Selectman Carol Martin, yes.
Respectfully Submitted,
Lisa Shaw
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