Minutes
Board of Selectmen
Regular Session - 7:00 p.m.
Monday, June 20, 2005
Present: Chairman Linda Burt; Selectman Joyce Brookshire, Vice Chair;
Selectman Kenelm Collins, Clerk; Selectman Russell Sandblom,
Selectman Peter Whitlock. Ms. Sheila Vanderhoef, Town Administrator.
The meeting was called to order by Selectman Burt at 7:05
PUBLIC INFORMATION
Selectman Sandblom noted that “Eastham Night” at the Orleans Cardinals Game was scheduled
for Monday, June 27, 2005 at 7:00 p.m. Selectman Sandblom has been designated to “throw the first ball.”
Selectman Whitlock stated that the Critical Planning Committee was working on developing a plan to build more of a “village center” at Brackett Road and as such was having a meeting at the
Methodist Church tomorrow night (i.e., June 21, 2005 at 7:00). Selectman Brookshire noted that
the Critical Planning Committee has been having a series of meetings over the past year, and have
been working diligently in this regard.
Fred Fenlon (Assembly of Delegates Representative) also noted that he was expecting information regarding this effort, and as soon as it is received, he will distribute the same.
Selectman Burt welcomed Sue Rohrback from Senator Robert O’Leary’s office.
APPOINTMENTS
7:10 p.m. Recognition of Junior Girl Scout Bronze Award Winners
Donna Quirk (Leader, Junior Girl Scout Troop 930) presented Carrine Putnam and Katie Quirk and asked the Board of Selectmen and those present to join her in congratulating them on the occasion of their completion of their Bronze Award for Junior Girl Scouting.
The Board of Selectmen and those present were pleased and proud to do so. Selectman Burt also thanked Ms. Quirk for her service, and asked that she communicate the Board of Selectmen’s thanks and support to all of the Junior Girl Scouts.
7:12 p.m. Acceptance of the Planning & Design Grant Awarded to the Library -
Martha Magane, Library Director
Ms. Magane stated that in December, the Town of Eastham voted to accept,
from the Massachusetts Board of Library Commissioners, a Planning & Design
grant in the amount of $20,000, to be matched with $20,000 from Library Trust funds. Ms. Magane stated that this grant allows us to come up with a “schematic” for an enlarged library.
Documents provided by Ms. Magane were all signed by the Board of Selectmen
as requested.
7:15 p.m. Proclamation of Eastham Painters Guild Week - 25 Year Anniversary
July 3 to July 9, 2005.
Ms. Aschettino thanked the Board of Selectmen for the Proclamation which celebrates the Twenty Fifth Anniversary of the Eastham Painter’s Guild which has continually provided “an organization and location for local artists.”
Ms. Aschettino stated that they are having a small celebration at the Schoolhouse Museum and invite the Board of Selectmen to attend. They would also like to formally thank the Historical Society for allowing the Schoolhouse Museum to be used as a venue for their exhibits. Additionally, The Eastham Painter’s Guild has awarded a yearly scholarship to a high school student “who will pursue an education in the arts.” The award recipient for this year will be honored on July 3, 2005.
Selectman Burt complimented the Eastham Painter’s Guild on their attractive
brochure.
Selectman Collins moved and Selectman Sandblom seconded the motion to approve the Proclamation for the Eastham Painter’s Guild 25th Year Celebration as presented (copy attached).
Approved 5-0.
7:20 p.m. Enforcement Complaint - Robert and Gretchen Bondi, & Derek Aldred.
The aforementioned complainants were not present at 7:20 p.m. The Board of
Selectmen then moved this item to a later time slot.
7:21 p.m. Licensing - Jane and Susan Fleming, Fleming’s Donut Shack
Jane and Susan Fleming came before the Board of Selectmen requesting that
a victualer license be granted them by June 30th, upon contingency that
a Certificate of Occupancy be obtained before they opened (i.e., by July 1st, 2005).
They outlined how much progress they had made and were making, and how
cooperative everyone was in examining the site.
The Board of Selectmen discussed the request, and were in accord that the process for obtaining such a license would be strictly adhered to. However, in deference to their needs and request, the Board of Selectmen will gather to hold a special meeting on June 29, 2005 at 2:30 p.m. in order to give the Flemings the time they need to complete the work necessary to obtain the proper permits. At this time, Ms. Vanderhoef assured the Flemings that the staff would be available to inspect their site on the morning of the 29th, 2005. However, it was understood that no license would be issued until all permits/approvals were in place. Additionally, the Board of Selectmen will also meet on July 5, 2005, as necessary, to further review this request
should there be any unforeseen delays.
7:55 p.m. Enforcement Complaint - Robert and Gretchen Bondi, & Derek Aldred
The aforementioned complainants were not present at 7:55 p.m. The Board of
Selectmen moved this item again to a later time slot.
7:56 p.m. Request of Place Banner on Windmill Green for Summer Band Concerts -
Visitor’s Service Board - Nancy Underhill
Ms. Underhill noted that concerts on the Windmill Green take place throughout
the summer. They have a long banner on hand that does not comply with the regulations for placement of banners on the Windmill Green at this time. However, they are expecting a new banner which complies shortly.
Selectman Sandblom moved and Selectman Collins seconded the motion to allow the banner that
is available now to be placed along the Samoset Road side of the Windmill Green. This is to be
replaced with the new banner on the posts that are in place as soon as it is available. However,
should another organization request and be approved to display a banner at the same time, the longer banner may then be used to ensure proper advertisement of the concert series throughout the summer. Approved 5-0.
8:07 p.m. Enforcement Complaint - Robert and Gretchen Bondi & Derek Aldred
The Bondi’s had requested a meeting with the Board of Selectmen via
written request, to address their concerns related to a “business” at
35 Milbrode Avenue.
The complainant(s) being not present at this time, and having been
scheduled to appear regarding their complaint at 7:20 p.m., needed to
be present to have their complaint heard.
Ms. Holly Thomas, resident of 35 Milbrode Avenue, and present here this evening, asked to be notified of any future meeting that will address this complaint.
Ms. Vanderhoef and the Board of Selectmen assured Ms. Thomas that she would be properly notified should this item be readdressed at a future Board of Selectmen’s meeting.
ADMINISTRATIVE MATTERS
8:10 p.m. Correspondence - Potential Legislation for Taxation of Seasonal Rental of
Residential Units
Correspondence was received by the Board of Selectmen on the possibility of “requesting Special
Legislation to expand the hotel & motel room tax to include seasonal and short-term rental of other residential structures such as cottages, condominiums, apartments and single family homes.”
This movement has found support from other towns (i.e., Harwich, Brewster).
A lively discussion followed, with questions related to the ability of the town to collect such
taxes, how these funds would ultimately and to what degree of efficiency, come back to the town,
etc. It was noted that the Town of Eastham would not be the enforcing agent. The Town would
potentially receive more revenue from this effort.
Ms. Vanderhoef noted that should this legislature be accepted statewide, it will go to Town Meeting for a vote. The suggestion was made to invite Mr. Edward S. Lewis (Brewster, Selectmen) to
speak further on this potential legislation.
Selectmen Whitlock moved, and Selectman Brookshire seconded the motion to write a letter of
support to legislators regarding the development of this legislation. Approved 3-2.
8:35 p.m. Resolution to Keep Otis Air Base Open
Ms. Vanderhoef noted that there is a movement to try to keep Otis Air Base Open. A Resolution
has been prepared in support of keeping the Otis Air National Guard Base Massachusetts Military Reservation open.
Discussion followed. Selectman Burt noted that the Otis Air Base offers protection on the East Coast. Selectman Brookshire noted that civilian jobs were at stake, and also felt strongly that
this base should be kept open.
Selectman Collins moved to approve and Selectman Brookshire seconded the motion to sign the
Resolution before them in support of keeping the Otis Air National Guard Base Massachusetts Military Reservation open, as presented (copy attached). Approved 5-0.
8:37 p.m. Re-Authorization of the Energy Committee
Ms. Vanderhoef asked the Board of Selectmen to review the Energy Committee Charge, which
states that “all committee members shall be appointed for a period of two years (June 30, 2005) at which time the committee shall be dissolved or re-authorized by vote of the Board of Selectmen.”
Selectmen Collins asked if Mr. Fred Fenlon, who was designated as Chair of this committee, would be able to continue serving on this committee. Ms. Vanderhoef noted that he would not, as Mr. Fenlon represents the Town of Eastham on the Cape Light Compact, and that he is aware of the same.
Selectman Brookshire made a motion to re-authorize the Energy Committee as presented, and Selectman Collins seconded the motion. Approved 5-0.
8:40 p.m. Forward Fence Zoning By Law to Planning Board
Discussion followed regarding the draft of a zoning by-law addressing fence placement and height in the Town of Eastham. It was noted that the Planning Board cannot review same until the
Board of Selectmen votes it to them.
Selectman Whitlock moved and Selectmen Sandblom seconded the motion to send the Proposed
Zoning By Law addressing fence placement and height in the Town of Eastham, as presented, to the Planning Board for their recommendations. Approved 5-0.
8:50 p.m. Forward Route 6 Re-zoning By Law to Planning Board
The Board of Selectmen reviewed an amendment to the Town Zoning By-Laws entitled
“North Eastham Route 6 Overlay District - intended to restore to properties within the overlay district certain expansion, alteration and change of use opportunities not currently allowed by the existing District A by establishing a new zoning classification applicable to such properties, as a way of maintaining the historic mixed-use pattern of the area, and improving the economic viability fo the affected properties and the Route 6 corridor in North Eastham.”
Selectmen Brookshire moved and Selectman Whitlock seconded the motion to send the amendment as presented to the Planning Board for their recommendations. Approved 5-0.
MINUTES
Review of the June 13, 2005 Work Session Minutes was held over until the Board of Selectmen’s Wednesday, June 22, 2005 Work Session meeting.
OTHER BUSINESS
Hands on the Arts Festival - held on June 18 and 19, 2005
A Transient Vendor Permit for Ron Tighe was presented to the Board of Selectmen for their approval.
Selectman Collins made a motion to approve the Transient Vendor Permit for Ron Tighe for
the Hands on the Arts Festival held on June 18 and 19, 2005. Selectmen Whitlock seconded the motion. Approved 5-0.
A request was made for a Mr. Ayer to “pass a hat” for collection of monies to be
used for fireworks for July 4, 2005 at Rock Harbor, on the Orleans side.
Selectman Collins moved to allow Mr. Ayer to collect funds toward the purchase of fireworks for use for July 4, 2005, at Rock Harbor, on the Orleans side. Selectman Sandblom
seconded the motion. Approved 5-0.
Commorants
The persistence of the Commorants to gather continues to be a nuisance. Selectman Whitlock
and Selectmen Sandblom noted that they would like to request again that Mr. Henry Lind
(Natural Resource Officer) research this problem as it relates to other towns, and present budgetary
information and alternative solutions, as appropriate.
Tim Smith Interview
Selectman Sandblom volunteered to interview a student interested in applying for a Tim Smith
scholarship grant.
Signing of Resolution (Support of the Otis Air National Guard Base) and
Proclamation (Eastham Painters Guild Week - June 3 to June 9) took place.
Special Town Meeting Schedule
Ms. Vanderhoef asked the Board of Selectmen to accept the following schedule for the Special Town Meeting to be held on Monday, September 19, 2005:
Special Town Meeting - September 19, 2005
Election - September 20, 2005
Voter Registration - (20 Days Prior - up to Tuesday, August 30, 2005)
Open Warrant - July 15, 2005
Close Warrant - July 29, 2005
Warrant Posted - September 2, 2005
On a motion by Selectmen Collins and seconded by Selectmen Brookshire, it was voted 5-0 to Open and Close the Special Town Meeting Warrant and to hold a Special Town Election as noted.
Selectman Collins also noted that he has been in touch with the Nauset Regional High School to
determine the capacity at the Gym, as a viable site for the Special Town Meeting.
9:00 Aimee Eckman (Citizen) noted that those in opposition to the Ocean Beach would be interested in the recent offer of mediation. Ms. Vanderhoef noted that she will look into this further.
Board of Selectmen Meetings - Scheduling
Selectman Whitlock noted that he may have scheduling difficulties throughout the summer, but will make every effort to accommodate the meetings as scheduled. Selectman Brookshire noted that she will had a medical condition going forward after July 6, 2005, and will be unable to attend meetings for a few weeks. However, she will attend as soon as she is able to do so. Ms. Vanderhoef noted that Warrant articles will be reviewed in August.
Selectman Brookshire moved to adjourn at 9:20 p.m., to go into Executive Session for discussion
related to litigation issues, and not to return to Public Session. Selectman Brookshire, yes; Selectman Burt, yes; Selectman Sandblom, yes; Selectman Collins, yes; Selectman Whitlock, yes.
Respectfully submitted,
Lorraine Speros
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