Minutes
Board of Selectmen
December 6, 2004
Present: Selectmen Linda Burt, Chairman, Kenelm Collins, Joyce Brookshire, Peter Whitlock and Town Administrator Sheila Vanderhoef. Selectman Russell Sandblom was excused. There were approximately 40 others in the audience.
The meeting was called to order by Chairman Burt at 7:00 p.m.
PUBLIC INFORMATION
Citizen David Crary questioned the validity of the upcoming Special Town Meeting because a clerical error in the printing of the warrant which appeared in the newspaper referred to an “Annual” Town Meeting. The Town Administrator responded that Town Counsel had advised that the error was not “fatal” and did not invalidate the printing of the warrant or the meeting. Mr. Crary asked to see Town Counsel’s opinion in writing. Ms. Vanderhoef indicated she would get it for him.
Addressing the issue of the proposed Flex Route bus service, Marylou Petitt of the Lower/Outer Cape Community Coalition advocated for the service saying there is a “major human service need.” Dr. Nick Armanti of the Gosnold Clinics said there is a “barrier to care because of transportation.”
APPOINTMENTS
7:12 P.M. PUBLIC HEARING - Petition for the Layout of Bay View Road as a Town Way Attorney Benjamin Zehnder noted that, due to a procedural oversight, the hearing will need to be rescheduled. The new hearing date will be Monday, February 7, 2005.
7:15 P.M. Renewal of Aquaculture Leases Chairman Burt announced that since both she and Selectman Collins are grant holders, as is Selectman Sandblom who is absent, it is necessary to invoke the “Rule of Necessity” in order to maintain a quorum and conduct business on aquaculture lease issues. This allows Ms. Burt and Mr. Collins to vote despite the appearance of possible conflict of interest.
Selectman Whitlock moved, Joyce Brookshire seconded, to approve all the requests for renewal, transfer, or expansion of aquaculture leases as submitted by Henry Lind, Natural Resources Officer. Approved 4 - 0
7:20 P.M. Request for Hydraulic Harvesting of Shellfish - This item was tabled because Mr. Richardson was not at the meeting.
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ADMINISTRATIVE MATTERS
Consideration of Participation in Barnstable County Community Septic Management Program (7:21 p.m.) The Health Agent and Treasurer both recommend support of the County program. Selectman Brookshire moved, Peter Whitlock seconded, to turn management of the Community Septic Management Program over to the County. Approved 4 - 0
Signing of License Agreement with Registry of Motor Vehicles (7:23 p.m.) The Board of Selectmen signed the Agreement as previously voted.
Comment/Response Cape Cod Commission Eastham Beach Proposal (7:25 p.m.) The Beach Committee would like to send a letter to the sub-committee of the Cape Cod Commission telling them that the Town of Eastham already has so much land in conservation that it should not be required to set aside any additional lands to mitigate the impact of the new beach on moth habitat and/or the construction of a 250 car parking lot. There was consensus among the Selectmen not to send a letter at this point. The Beach Committee accepted the Board’s position.
There will be a meeting with the Cape Cod Commission sub-committee on December 16, 2004 at 2:00 p.m.
APPOINTMENTS (con’t)
7:30 p.m. Public Hearing - Pole Petition Nauset Light Beach Road Commonwealth Electric Co. Chairman Burt read the notice of Public Hearing. Barbara Trocchi, from Commonwealth Electric Co., distributed a revised plan for the relocation of poles on Nauset Light Beach Road. The revised plan was the result of an inquiry from abutters. Ms. Trocchi was pleased to report that there was no need for one of the proposed poles.
Selectman Collins moved, Peter Whitlock seconded, to approve the revised plan for pole placement as presented. Approved 4 - 0
7:40 p.m. “Pick Your Own” Shellfish Proposal Shell fisherman Peter Burns reported that he had attended a meeting with the State and County on October 7, 2004 to inquire about the feasibility of introducing a “Pick Your Own Shellfish” program on his grant site. He was told to make sure that what was being requested didn’t violate Town policies. He asked the Board if this is a concept the Town would be okay with?
Natural Resources Officer Henry Lind described the proposal as a “novel idea, another aspect of marketing.” Mr. Lind said that there are many issues which need to be looked at:
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vandalism
parking
foot traffic
public health issues
clearly delineating public and private land
affect on surrounding grants
liability issues
Selectman Brookshire asked whether “abutters” were notified that this was going to be discussed tonight. It was decided to table further discussion and set up a public hearing on the topic in February.
8:07 p.m. Request to Use motorized Transport on Beach Peter Burns asked permission to use a small, power-assisted wagon to walk behind getting material on and off his grant. Henry Lind said that under the letter of the by-law it is not permitted. In addition the aquaculture regulations prohibit it as well. Selectman Brookshire suggested we research the issue and discuss it further at a public hearing in February.
8:20 p.m. Presentation Proposed Flex Route Bus Program Clay Schofield from the County gave a presentation about the proposed flex route bus program for the lower/outer Cape. This project would link the outer Cape towns with other available trans-portation. The National Park Service will be paying for the buses and operational costs would come from the towns being served by the new system.
Discussion followed with many citizens expressing support for the proposal. In addition, the Board has received numerous letters, also in support of the program. It was noted that both the Chamber of Commerce and the Forum voted unanimously in support of the proposal.
Selectman Whitlock moved, Kenelm Collins seconded, to direct our representative to the Regional Transit Authority to vote in the affirmative on the flex route plan. Approved 4 - 0
Town Administrator Vanderhoef recognized Town Planner Terry Whalen for his very hard work with the task force.
ADMINISTRATIVE MATTERS (con’t)
Request to Use Town Green for Hands on the Arts Festival (9:05 p.m.) Selectman Collins moved, Joyce Brookshire seconded, to permit the Eastham Cultural Council to use the Town Green and the basement of the Town Hall for the “Hands on the Arts Festival – 2005" June 17th, 18th, and 19th. Approved 4 - 0
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Review Special Town Meeting Warrant (9:06 p.m.) Having reviewed the Special Town Meeting Warrant for December 13, 2004, each Selectmen selected the articles which he/she would like to “Move” at the Special Town Meeting. Draft motions have been prepared.
Resignation Town Moderator (9:08 p.m.) Selectman Brookshire moved, Peter Whitlock seconded, to accept the resignation of Thomas Newton as Town Moderator effective immediately. Mr. Newton is no longer an Eastham resident. Approved 4 - 0
Arrangements will need to be made for a Moderator to preside at the Special Town Meeting on December 13, 2004.
Comment Letter to DHCD on Affordable Housing Proposal (9:10 p.m.) The Selectmen reviewed a proposed letter to the Department of Housing and Community Development expressing support for New Boston Housing’s Project Eligibility Application for “The Meadows” affordable housing project to be developed on the town-owned Roach Property. Selectman Brookshire moved, Kenelm Collins seconded, to sign and send the letter as presented. Approved 4 - 0
Redirect Grant/Capital Purchases - Fire Department Equipment (9:18 p.m.) Fire Chief Glenn Olson has requested the reallocation of $6,100 in department funds to be used to cover the Town share and electric upgrade costs to complete the federal Fire Act Grant recently awarded to the Town. The grant is for an in-house air system that will allow the department to refill their breathing air systems for structural firefighting. Selectman Collins moved, Joyce Brookshire seconded, to approve the request for reallocation of funds as submitted. Approved 4 - 0
OTHER BUSINESS
Registered Land Option to Unregister - Affordable Housing (9:20 p.m.) Re the proposed 40B project on the Roach property, the Town has been advised that because the title of the property is registered, the time necessary to prepare a plan in recordable form in accordance with the Land Disposition Agreement will be greatly increased, as will the cost of said plan. An alternative has been suggested which would save time and money, i.e. the Town proceeding with a deregistration of the property. Deregistration results in the Town having its title confirmed by the Land Court, but going forward the protection against adverse possession would no longer exist. However, adverse possession is generally not problematic for a municipality as most types of property held by a municipality cannot be
adversely possessed whether the title is registered or unregistered.
Selectman Whitlock moved, Kenelm Collins seconded, to go ahead with the deregistration process for the Roach property. Approved 4 - 0
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Update Barnes Tank Removal (9:24 p.m.) Fire Chief Olson has reported that the owners of the Barnes property have failed to comply with the Court Order to remove the underground storage tanks at 5350 State Highway. A reminder will be sent warning that failure to comply by
January 15, 2005 will result in the Town’s taking further legal action.
Selectman Collins moved, Peter Whitlock seconded, to adjourn at 9:30 p.m. Approved 4 - 0
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