BOARD OF SELECTMEN
REGULAR SESSION
Monday, October 3, 2005 at 6:30 p.m.
PRESENT: Selectman Linda S. Burt, Chair; Selectman Joyce E. Brookshire, Vice Chair;
Selectman Kenelm L Collins, Clerk; Selectman Peter L. Whitlock;
Selectman Russell H. Sandblom, absent.
Sheila Vanderhoef, Town Administrator
Chairman Linda S. Burt called the meeting to order at 6:30 p.m.
I. SELECTMEN/PUBLIC INFORMATION
Mr. Bob Smith (Friends of Eastham Recreation/Ocean Beach) presented letters of support for the Ocean Beach for the Board of Selectmen’s information. These letters were received in response to an advertisement in the Cape Codder on September 23, 2005 asking for the town’s support for the
Ocean Beach.
II. APPOINTMENTS
6:35 p.m. Request to Allow Vehicles on Shellfish Grants - Bethany Walton
Ms. Bethany Walton was present to request the “use of a motor vehicle for biannual transport of aqua culture equipment and seed shellfish” in order to access the shellfish farms in the Eastham aqua culture Development Area (ADA) near Boat Meadow. Mr. Henry Lind (Natural Resources Officer) discussed concerns regarding the issuance of a permit for the requested oversand vehicle operation. Mr. Lind expressed his concern of the environmental impact on this area, and the possibility of vehicles being stuck/buried in the sand during such an operation. Ms. Walton stressed that their request is not for regular access, but rather for access at two specified times of the year (i.e., a two week period in late winter/early spring - repeated annually).
Selectman Collins voiced his strong support for allowing such access, expressing his concern that
denial of this access would make it impossible to service the aqua culture grants. Additionally,
Selectman Collins said that servicing this particular grant by boat would be dangerous and
impossible.
Selectman Brookshire inquired as to what other towns do. Mr. Lind noted that they may not
necessarily have the same regulations, but will research and report on what works in other areas.
Ms. Vanderhoef noted that Mr. Lind had recommended meeting with shell fishermen who worked
that area. After such a meeting, he will come back to the Board of Selectmen for further discussion.
Selectman Burt was in agreement with this idea, and asked Mr. Lind to come back before the
Board of Selectmen around the beginning of November.
Citizen Peter Burns objected, stating that safety issues were involved and urged the granting of Ms. Bethany’s request without further delay.
Selectman Burt repeated her stated agreement with Mr. Lind’s plan to meet with the shell fishermen and to come back to the Board of Selectmen for further discussion and/or recommendations at the beginning of November.
6:55 p.m. Presentation of Limited Municipal Water Supply Study and Water Quality/Nitrate Quantity Study - Paul Gabriel, Environmental Partners & Karl Weiss, Water Quality Advisory Committee Chair.
Ms. Vanderhoef noted that Environmental Partners had been hired, based on Town Meeting
(December 13, 2004 - Article 10) to study the impact of nitrates on our existing water supply system with the long term goal of coming up with a plan for municipal water for the town. Ms. Vanderhoef also noted that there is an Eastham Forum - Annual Meeting - scheduled for Tuesday, October 18, 2005 at 7:00 p.m. at the Eastham Methodist Church. The topic will be “Water Quality Issues in Eastham.” All are invited to attend.
Dr. Karl Weiss (Chair, Water Resources Advisory Board) then presented a power-point presentation (attached) regarding water quality issues, results of the nitrate study, and how they “drive our need.”
Dr. Weiss discussed the Annual Water Testing Program (2003-04-05 Cycle). Dr. Weiss noted that the whole town has been covered during this three-year period (i.e., 3414 samples received - 62% of wells). He noted an increase in nitrates and the ultimate need for a public water supply in the town. Dr. Weiss noted that the trend is clear - the numbers are going up slowly but surely, thus highlighting the need to do something about the water. Dr. Weiss noted that there is very little that can be done to remove the nitrate. Dr. Weiss recommended that the town seriously look at the recommendation by Environmental Consultants for a limited water supply system.
Selectman Burt asked if there was anything being done at this time to correct this situation.
Jane Crowley (Health Agent) noted that whenever there is a high value reported, the offer is made to retest and the effort is made to work with the homeowners individually to look for a solution
(i.e, might include well relocation, treatment, etc.). Selectman Brookshire stressed that municipal
water solutions as well as regional approaches need to be considered.
7:23 p.m. Mr. Paul Gabriel and Dave Patangia (Environmental Partners) then presented a power point presentation (copy attached).
Mr. Gabriel evaluated existing conditions, landfill threats, definition of service area, investigation of possible water sources, probable costs for a limited water supply system, water supply source
identification (i.e., a key factor - water has to be good quality - and the Nauset Regional High School proposed water supply area was identified as a very potential prime source); site screening criteria;
town issues to consider include what is the town’s liability with the landfill; commitments to DEP; identification of who will pay for limited water supply system capital and O & M costs - and who will take responsibility; questions as to whether the connection to the water supply will be mandatory and regionalization).
The expectation is that it will take no less than six months or more to “flush out these issues” and present them to the public for further discussion before putting it to a vote.
Dr. Weiss further noted that approximately 170 individuals picked up informational items related to the water testing program and the results at their recent Windmill Weekend table. Dr. Weill noted that these individuals appeared to be very interested and open to solutions that might include a limited water supply system.
Ms. Vanderhoef noted that the town is a crossroads. Continued DEP sampling presents a formidable expense, and it is important to move to a solution. The Board of Selectmen will be tackling these issues, educate the public and prepare to present these issues to the town at Town Meeting.
Ms. Crowley noted that by their excellent and positive response to this testing program, the citizenry has demonstrated itself to be proactive , interested and showing intiative.
Mr. Gabriel wanted to remind everyone that any decisions as voiced in their last slide (i.e., What is Town’s liability with landfill; what is the Town’s commitment to DEP; Who will pay for limited water supply system capital and O & M costs; will connection to the water system be mandatory; status of future Town-wide water supply system and possibility of regionalized water system) should be made well in advance of Town Meeting, and will involve a great deal of work.
Ms. Vanderhoef noted that the Board of Selectmen had received a capsule version of the results for the purposes of this overview, and will be provided with a full study as a base for the decision-making that will inevitably follow.
Selectman Burt thanked Dr. Weiss, Mr. Gabriel and Mr. Patangia for their thought-provoking presentation.
III. Administrative Matters.
8:05 p.m. Action/Discussion
1. Designation/Proclamation of National Incident Management System (NIMS)
Selectman Burt noted that the Proclamation as presented and attached “establishes the National Incident Management System (NIMS) as the Town standard for incident management .”
Selectman Brookshire moved and Selectman Collins seconded the motion to accept the Proclamation entitled Designation of the National Incident Management System (NIMS) As The Basis for All Incident Management in the State/Commonwealth. Approved 4-0.
Designation/Proclamation of United Nations Day
Selectman Burt noted that there was Proclamation before the Board proclaiming October 24, 2005 to be United Nations Day and declaring “Child Health and Survival” as its theme for the 2005 United National Day commemorations (attached).
Selectman Whitlock moved and Selectman Brookshire seconded the motion to accept the
Proclamation as presents. Approved 4-0.
Resignation from the Conservation Commission - Anthony Mancini
Selectman Burt noted that a letter had been received from Mr. Mancini which states that he regrets advising the Board of his resignation from the Conservation Commission as of October 15, 2005, due to his moving to Florida.
Selectman Collins moved and Selectman Brookshire seconded the motion to accept with regrets Mr. Mancini’s resignation from the Conservation Commission. A letter will be sent to Mr. Mancini expressing their thanks to him for his service. Approved 4-0.
Confirmation of Post Office Use of Town Hall in Emergency.
Ms. Vanderhoef met with Ms. Janet Oviatt (Postmaster from North Eastham) in regards to their request for permission to use Town Hall as an alternate non-postal site in the event of an emergency.
Selectman Collins moved and Selectman Brookshire seconded the motion to approve Ms. Oviatt’s request as stated on behalf of the North Eastham Post Office. Approved 4-0.
Declaration of Surplus Property - Garland Commercial Stove
Ms. Vanderhoef referred to a written request from Mr. Robert Varley, Maintenance Supervisor,
to declare the “10 Burner Garland Stove as surplus equipment, along with the hood assembly, to be sold for $1,000.00 and this money used to purchase a smaller more energy efficient quality stove”
for the kitchen in the basement of Town Hall.
Selectman Collins moved and Selectman Whitlock seconded the motion to approve this request
as stated. Approved 4-0.
MINUTES
November 17,
2004 Regular Session
Selectman
Collins made a motion to approved these
Minutes. Selectman Brookshire seconded the motion.
Approved
4-0
November 17,
2004 EXECUTIVE SESSION Selectman
Brookshire made a motion to approve these Minutes.
Selectman Whitlock
seconded the motion.
Approved
4-0
April 19, 200 Regular Session Selectman Brookshire made a motion to approve these
Minutes. Selectman Whitlock seconded the motion. Approved 4-0.
June 13, 2005 Regular Session Selectman Brookshire made a motion to approve these
Minutes. Selectman Collins
seconded the motion. 4-0 Approved
OTHER BUSINESS:
8:10 p.m.
Ms. Vanderhoef asked the Board of Selectmen to sign letters of thanks to various stores that had generously donated items for the victims of Hurricane. These items have already been brought to Otis Air Force Base for distribution.
Ms. Vanderhoef wished to remind the Board of Selectmen that the Conference for the Deaf and Hard of Hearing (sponsored by The Massachusetts Commission for the Deaf and Hard of Hearing and The Public Access Committee of Eastham) will be held on October 11, 2005. Ms. Vanderhoef noted that she expects to be in Boston on that day, and hopes that the Board of Selectmen will be able to attend. Selectman Collins and Selectman Brookshire
noted that they will try to attend.
The Eastham Elementary Parent’s group has requested permission to use the Field of
Dreams on October 22, 2005 for a Harvestfest (i.e., Halloween events which will include games, face painting, etc.). They have asked permission to hold this event at the Field of Dreams by Town Hall, as the elementary school is under construction. Arrangements would be coordinated with Mark Powers (Recreation and Beach Director).
Selectman Collins moved and Selectman Brookshire seconded the motion to approve this event on October 22, 2005 at the Field of Dreams as presented. Approved 4-0.
Upcoming Events include a dinner sponsored by the Chamber of Commerce on
Wednesday, October 5, 2005. Invitations to the Board of Selectmen have been extended.
The Health Agent, and Fire and Police Department will be speaking. Dinner to be
held at 6:30 p.m. at Laura and Tony’s Kitchen. Fee $25.00. Please feel free to call
in your reservation.
Ms. Vanderhoef will attend a meeting on October 18, 2005 at 12:00 Noon at the
Federal Reserve Bank, and will be back in time to attend the Eastham Forum Annual
Meeting scheduled for October 18, 2005 at 7:00 p.m. at the Eastham Methodist
Church (Topic: Water Quality issues in Eastham).
The Cape Cod Joint Transportation Committee is scheduled to have a meeting on
Friday, October 14, 2005. Ms. Vanderhoef would like to nominate Mr. Steve Douglas,
DPW Superintendent as a principal appointee, and Ms. Mary Elizabeth Burgess, Town
Planner, as an alternate, to the Cape Cod Joint Transportation Committee.
Selectman Collins moved and Selectmen Brookshire seconded the motion to appoint Mr.
Steve Douglas as principal appointee and Ms. Mary Elizabeth Burgess as an alternate to the
Cape Cod Joint Transportation Committee. Approved 4-0.
The Assembly of Delegates will be meeting next Wednesday, October 5, 2005 at
3:00 p.m. at the Wellfleet Public Library. The agenda includes looking at two
ordinances and budgetary items. The Board of Selectmen are invited to attend if
possible.
Barbara Decker, from Cape Cod Hospital, has asked permission to hold a blood drive
on December 1, 2005, at Town Hall for the C-Lab Blood Donor Center. Ms. Decker
would like this to be an annual event, if so approved.
Selectman Collins moved and Selectman Whitlock seconded the event to hold a blood drive for
the C-Lab Blood Donor Center on December 1, 2005, at Town Hall as requested, and to have this as an annual event, with details for each upcoming year to be worked out and approved each year. Approved 4-0.
The Board of Selectman is requested to consider the appointment of Peter McDonald as a
representative from the Planning Board to serve on the Community Preservation
Committee.
Selectman Brookshire moved and Selectman Collins seconded the motion to appoint Mr. Peter
McDonald as a representative from the Eastham Planning Board to serve on the Community Preservation Committee for a one year term to expire on June 30, 2006. Approved 4-0.
Ms. Vanderhoef wished to clarify that an appointment previously made to appoint
Ms. Judy Brainerd as a representative to the Community Preservation Committee
was made prematurely. Ms. Brainerd has indicated that she will be moving sometime
in the not too distant future, and will be unable accept this position. However, as Chair, she highly recommended that Ms. Sue Horton represent the Open Space Committee on the Community Preservation Committee.
There was some expressed confusion as to whether Ms. Brainerd had recommended Ms. Sue Horton or Ms. Sue Haley.
In this regard, the Board of Selectmen accepted the premise of recommendation of
Ms. Haley and so voted to accept. However, Ms. Brainerd’s recommendation
will need to be clarified and this may need to be revisited.
With the information on hand, Selectman Brookshire moved and Selectmen Whitlock
seconded the motion to accept the recommendation from Ms. Brainerd and appoint Ms. Sue Haley. Approved 4-0.
Mr. Donald Intonti had been appointed to the Community Preservation Committee
as a representative from the Conservation Committee, but has subsequently
indicated that he will be unable to accept this position due to time constraints.
As such, a new recommendation will be necessary from the Conservation Committee.
Ms. Gwen Pelletier (Town Moderator) has appointed Norman Newell to the Finance
Committee.
The Board of Selectmen still need to make a recommendation/appointment to the Finance Committee.
Selectman Whitlock wanted to stress the support for the FLEX route.
Selectman Whitlock noted that the Cape Cod Selectmen’s & Councilors’ Association
will be holding a meeting on Friday, October 14, 2005 at 8:00 a.m. at the Wellfleet
Bookstore Restaurant. Ms. Margo Fenn, Executive Director of the Cape Cod Commission,
will be speaking at this meeting.
Selectman Brookshire noted that she has been approached by several individuals
asking about what now happens to the $125,000 (voted on at Annual Town Meeting,
May 3, 2004 - Article 19) as a result of the vote on the Conservation Restriction at the
Special Town Meeting on September 19, 2005, and whether or not it was assessed. Ms. Vanderhoef noted that it has been assessed. Ms. Brookshire asked about the Ocean
Beach sign, and asked why it has not been taken down. Discussion followed with Selectman Collins taking exception to this request. As a full board was not present at this time, a vote regarding the sign will be held for another meeting.
Ms. Vanderhoef asked that the Board of Selectman use discretion when commenting
on staff recommendations at Regular Sessions of the Board of Selectmen.
Selectman Collins moved and Selectman Brookshire seconded the motion at 8:25 p.m., to go into Executive Session for the purposes of discussion of contract negotiation strategy, and not to return to Public Session. Selectman Collins, yes; Selectman Brookshire, yes; Selectman Burt, yes
and Selectman Whitlock, yes.
Respectfully submitted,
Lorraine Speros
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