Town of Eastham MA - Selectmen's Meeting Minutes 09/05/06

BOARD OF SELECTMEN

Tuesday, September 5, 2006

Regular Session - 6:30 p.m.

Location: Earle Mountain Room

Present: Selectman Kenelm N. Collins, Vice Chair, Selectman Russell H. Sandblom, Clerk Selectman Martin F. McDonald. Selectman David W. Schropfer

Selectman Linda S. Burt, Chair, absent.

Sheila Vanderhoef, Town Administrator, present.

Selectman Collins will chair this meeting in Selectman Linda Burt’s absence.

Selectman Collins called the meeting to order at 6:35 p.m.

PUBLIC INFORMATION:

Mr. William Opel (Citizen) asked that in light of recent concerns regarding the appointment

process, that the Eastham Home Rule Charter which stipulates a “Search Committee of Seven shall be appointed for one year terms” should be adhered to. Mr. Opel feels that following the Charter will help to prevent confusion.

Selectman Schropfer noted that this issue had been discussed by the Board of Selectmen as

recently as August 23, 2006. Selectman Schropfer confirmed that the Charter does call

for a “Search Committee of Seven” that does not presently exist. A seven member search committee had proven to be cumbersome, and for several years Mr. Harold Goemaat had served as Search Coordinator for the town. In his absence, the work that was done by the Search Coordinator (advertisement of vacancies; collection of volunteer forms; organization by interest, etc.) was accomplished by town staff and then brought before the Board of Selectmen.

Interest in reorganization of the search process has been noted, and the Board of Selectmen

will review questions for candidates interviewed and set into motion a process which will

confirm residency, voter registration and census, setting deadlines for receipt of volunteer forms, etc. Additionally, the call for Charter revision will be reviewed, with a view and goal towards including this issue for consideration at the next town meeting.

Lisa Radke (Citizen) and Bernard Kaplan (Citizen) requested that the Charter also be reviewed to fulfill the ten-year review requirement, that the Seven Member Search Committee be adhered to, and that the Charter be sent to Counsel for further review.

Ruth Katzman (Finance Committee) and Lisa Radke (Finance Committee) voiced their

objection to a motion made by Selectman Schropfer at the August 21, 2006 Board of Selectmen’s meeting for the appointment of Russell French to the Finance Committee (i.e., Mr. French was

subsequently appointed to the Finance Committee at that meeting). They voiced their opinion that Mr. Schropfer’s motion was based on a secondary agenda (Ocean Beach support).

Selectman Schropfer vehemently objected to such an statement, and clarified his position on the issue of the Ocean Beach. Selectman Schropfer noted that he has been very pleased with the efforts and apparent success of the Nauset Beach Parking Lot program which has allowed Eastham residents to enjoy the beach. Selectman Schropfer also reminded Ms. Katzman and Ms. Radke that he had worked with Mr. French on the Finance Committee and was impressed with his work and thoroughness.

Ms. Radke stated that complaints had been lodged to the State Ethics Commission and

that Selectman Schropfer and Selectman Sandblom would be receiving letters from them.

Ms. Radke referred to concerns related to campaigning, fund raising, donations, etc.

Selectman Sandblom also took issue with the aforementioned, and noted that fifty to seventy-five percent of the population of Eastham has supported the beach project. Selectman Sandblom reaffirmed that he is still in total support of the town having an Ocean Beach in spite of the success of the parking lot which he views as a temporary solution.

Selectman Collins took issue at the turn the meeting had taken and admonished those present not to further disrupt the meeting in this manner.

6:50 p.m. Windmill Weekend - Update - Sue Silver

Ms. Vanderhoef noted that Ms. Silver had been asked to come here this evening to update

the Board of Selectmen and public on the much anticipated events of the upcoming Windmill Weekend.

Ms. Silver (Chairperson - Windmill Weekend) noted that the theme for the Windmill Weekend this year is Eastham Goes Country Western. Ms. Silver noted that they were especially honored to have “Touts” Tousignant perform as the Caller for the Family Square Dancing on Saturday.

Ms. Silver went over events which will begin on Friday, September 8 (Fish and Chicken Fry; Recognition of Honoree - Marilyn Schofield and the 20^th Annual Talent Show); Saturday, September 9 (Eastham Painters Guild; Sand Art Contest; Museum Open Houses; Cape Cod Spinners Demonstration; Craft Show; Poekoelan Martian Arts; Penniman House Tour; Sarah Burrill; Cape Cod Gymnastics; Children’s Games; The Suspenders: Jugglers; Tim Dickey and Friends - Western Swing; Appaloosa Full Spectrum Country Music Band; the All Worn Out Jug

Band and Cookout on the Green); Sunday, September 10 (Road Race; Pancake Breakfast;

Eastham Painter’s Guild; Toe Jam Puppet Band; Great Tricycle Race; Chowder Contest;

Cape Cod Fiddlers; Windmill Weekend Parade; Children’s Games; Tour of the Three Sister’s

Lighthouse; the Highland Light Pipe Band Muster; Crabgrass; Nauset Lighthouse Tours

and Raffle Winners Announced).

7:00 p.m. Interview/Appointments

Housing Task Force

Selectman Collins noted that Mr. Bernard Kaplan present here this evening was up for

reappointment to the Housing Task Force. Mr. Kaplan asked that this item be moved up on

the agenda due to a prior commitment.

Selectman Collins noted that Mr. Kaplan was an esteemed member of the community, and

had served this committee well.

Selectman McDonald moved that Mr. Bernard Kaplan be reappointed to the Housing Task

Force Committee for a term to end June 30, 2009. Selectman Schropfer seconded the motion.

7:05 p.m. Public Hearing - Fiscal Year 2007 Property Classification Hearing -

Gail Fitzback, Deputy Assessor

Board of Assessors Present: Gordon Avery, Chair; Doreen Cahill and Alfred Sette.

Selectman Collins read the following Property Classification Hearing advertisement:

“The Board of Selectmen will hold a public hearing on Tuesday, September 5, 2006, at 6:45 p.m., in the Earle Mountain Hearing Room at Town Hall, in accordance with Chapter 369 of the Acts of 1982, amending Chapter 797 fo the Acts of 1979, regarding the allocation of the tax levy among the five classes of property for Fiscal Year 2007.

The Board of Assessors will provide all information and data relevant to making a final determination on allocation of the tax levy among the four classes of real property, residential, open space, commercial and industrial, and one class of personal property as set forth in General Laws Chapter 40, Section 56. Options open to the Town will be provided, and the Chairman will recognize any taxpayers wishing to present oral or written information on their views.”

Ms. Gail Fitzback noted that there was a slow-down in market increases this year (i.e., 3-4%

increase and 8-10% increase in properties near the water).

Ms. Vanderhoef noted that there were four matters before them requiring votes.

On the matter of classifying the tax rate:

Selectman Schropfer asked if he should recuse himself for this vote. It was determined that

this was not necessary.

Selectman McDonald made a motion to vote a residential factor of “1" so that each class maintains 100% of its full value tax share and not shift the tax burden from the residential and open space property classes to the commercial, industrial and personal property classes. Selectman Schropfer seconded the motion. Approved 4-0.

On the matter of an open space discount:

Selectman Sandblom moved not to grant an open space discount which would shift the tax

burden from the open space property class to the residential property class. Selectman

Schropfer seconded the motion. Approved 4-0.

On the matter of a residential exemption:

Selectman McDonald moved not to grant a residential exemption which would shift the

tax burden within the residential class from residents to non-residents. Selectman Sandblom

seconded the motion. Approved 4-0.

On the matter of a small commercial exemption:

Selectman Schropfer raised the question as to whether or not this would affect him as a

small business operator. It was determined that it should not.

Selectman Sandblom moved not to grant a small business exemption which would shift the

tax burden within the commercial, industrial and personal property classes from certain small commercial properties to other commercial and industrial properties. Selectman McDonald seconded the motion. Approved 4-0.*

* Selectman Schropfer stated that with the understanding that he was

not in conflict, he voted to approve.

Ms. Vanderhoef noted that the Town of Eastham was the first town to get tax certified for the year, and the town audit was moving towards completion within the next two to three weeks.

Ms. Vanderhoef thanked the assessors for an excellent job. At this time, the Recap sheet was

signed by the Board of Selectmen.

7:20 p.m. Interviews/Appointments - continued

Conservation Commission

Appointments to the Conservation Commission were held off from the August 21, 2006 Board

of Selectmen’s meeting, in order to have the opportunity to interview candidates who were

not present at that time.

The Board of Selectmen met Leah Dower. Ms. Dower expressed her interest in environmental

issues and outlined her background in environmental science. Ms. Dower indicated that she is

indeed a year round resident and would be able to attend ninety-nine percent of the meetings.

* At this time, Selectman Schropfer stated that in light of the false accusations against him earlier this evening regarding the appointment of Mr. Russell French to the Finance Committee , that he would recuse himself from this discussion and vote.

Selectman McDonald moved to appoint Ms. Leah Dower to the Conservation Commission

to fill the unexpired term of Don Intonti to June 30, 2008. Selectman Sandblom seconded

the motion. Approved 3-0-1. Selectman Schropfer recused.

Selectman McDonald stressed the importance of having individuals on this commission who

understand the issues. Mr. Marcel Boelitz has resigned from the commission, thereby

causing another opening. Selectman McDonald also indicated that the commission deals with

approximately 300 - 400 applications. Selectman Sandblom stressed the need to have a

balanced commission.

Ms. Vanderhoef left the room to ask Mr. Schopfer if he would like to return to participate

in the possible appointment of another candidate. Selectman Schropfer noted that he was

recusing himself from the entire issue.

Mr. Robert Cook was present. The issue of whether or not Mr. Cook’s status as a potential

appointee was briefly discussed. It was noted that Mr. Cook is a litigant against the

Conservation Commission and is looking for appointment to the Conservation Commission.

Selectman Sandblom made a motion to appoint Mr. Robert Smith to the Conservation

Commission. Selectman Collins seconded the motion. Discussion followed.

Selectman McDonald noted that any citizen can appeal any decision, and he does not see

how this disqualified Mr. Cook. Mr. Cook indicated that if appointed, he would recuse himself from any discussion and/or issues on the Ocean Beach. Selectman McDonald noted that Mr. Smith has recently been appointed to other boards, and would like to give other individuals the opportunity to participate. He asked Mr. Smith if he might intend to run for Selectmen and thus his possible appointment on this commission would be short-lived. Mr. Smith replied that he had no present intention to run for Selectmen, as he intended to serve as well as possible on any committee he has or would be appointed to, thus allowing the citizens of Eastham to get to know him better through his service. Mr. Cook noted that he had the opportunity to speak to lawyers at the State Board of Ethics, and it was his understanding that there was no inherent reason that would prohibit him from serving on this board.

Ms. Aimee Eckman asked for a point of order. Ms. Eckman noted that Selectman Collins,

Acting as Chair for this meeting, had seconded the motion to appoint Mr. Smith (at this time, no vote had yet been taken). Ms. Eckman stated that she had been present at meetings where Selectman Burt, Chair, had not “seconded” a motion. In some instances, Ms. Eckman noted, the vote “died” because there was no “second.” Ms. Vanderhoef noted that it was her understanding that the Chair was not “prohibited” from seconding a motion, but rather this is what Selectman Burt chose to do on those occasions.

Selectman Collins withdrew his “seconded” motion to appoint Mr. Smith at this time. Rather, Selectman Collins firmly noted that no decision would be made on this appointment this evening. The Board of Selectmen will consider this vote again when a full board is present.

7:45 p.m. At this time, Selectman Schropfer returned to the meeting.

Human Services - was held off from August 21, 2006 meeting

The Board of Selectmen interviewed Ms. Elaine Lipton, who expressed her interest in being of

service to the town, and reviewed her work experience, which included her employment with the

Barnstable Council on Aging for a number of years.

Selectman Schropfer moved to appoint Ms. Lipton to the Human Services Advisory Committee for a term to expire on June 30, 2009. Selectman Sandblom seconded the motion. Approved 4-0.

ADMINISTRATIVE MATTERS

Release of Liens - Affordable Housing Development Lot

Lot 10 and Lot 3

Ms. Vanderhoef noted that she and Police Chief Hedlund drove over to Bay meadows, and that

most of the lots were sold.

Selectman Schropfer made a motion to approve the executed Partial Release for Lot 10,

14 Sandy Meadow Way and Lot 3, 28 Sandy Meadow Way, for recording at the Barnstable

County Registry of Deeds. Selectman McDonald seconded the motion. Approved 4-0.

Resignation of Marcel Boelitz from the Conservation Commission.

Mr. Marcel Boelitz formally announced his resignation from the Conservation Commission

at a Conservation Commission meeting on August 22, 2006. His resignation was accepted by the Commissioners. As indicated by Judy Williams, Mr. Boelitz’s absence from this commission will be deeply felt. Ms. Williams indicated that Mr. Boelitz is unavailable at this time, for approximately one month. Selectman Sandblom noted that as a liaison to this committee, he had seen Mr. Boelitz in action, and admired his insightfulness and contributions to this commission.

With that understanding, Selectman Schropfer moved to accept Mr. Boelitz’s resignation

from the Conservation Commission, and asked that a letter of thanks and regret be sent

to Mr. Boelitz. Selectman Sandblom seconded the motion. Approved 4-0.

Resignation of Ian Aitchison from the Cape Cod Commission.

Ms. Vanderhoef stated that a heart-felt letter of resignation had been received from Mr.

Aitchison formally resigning as representative to the Cape Cod Commission. Ms. Vanderhoef noted that during a prior interim period of absence, Ms. Vicki Anderson served as interim representative, and asked the Board of Selectmen how they would like to proceed at this time.

Selectman Sandblom recommended requesting interested candidates to come forward for this position. Representatives of the Cape Codder and the Banner were present here this evening, and were asked to include this request on the Eastham Page of their respective newspapers. It was stated that the candidate filling this position will be asked to report to the Board of Selectmen on a regular basis.

Selectman McDonald made a motion to accept Mr. Ian Aitchison’s resignation as representative to the Cape Cod Commission with regret, and asked that a letter of thanks and regret be sent to Mr. Aitchison to thank him for his service. Selectman Sandblom seconded the motion. Approved 4-0.

Establishment of Gift Fund - “Bikeway’s Gift Fund”

Selectman Schropfer noted that he is the Board of Selectmen’s liaison to the Bikeways

Committee and is an avid biker. Selectman Sandblom said that he would like to see

Eastham become a “biking town” and would welcome a walking bike lane.

Selectman Schropfer moved to establish a gift fund under the provision of M.G.L. Chapter 44,

Section 53A as follows:

The Board of Selectmen in accordance with M.G.L. Chapter 44, Section 53A, hereby establish a gift fund to be known as the “Bikeways Gift Fund” to accept funds from any and all individuals, clubs, private non-profits, or corporations interested in supporting the maintenance of the Bikeway trails, Bikeways instructional safety videos, signage, or related activities. Expenditure of funds within such account shall be made upon the recommendation of the Bikeways Committee and the approval of the Board of Selectmen.

Selectman Sandblom seconded the motion. Approved 4-0.

At this time, discussion regarding the upcoming Cape Cod Commission appointment

Ms. Aimee Eckman (Citizen) stated that it would be helpful for potential candidates

to be appraised of time commitments and issues related to this appointment.

Ms. Vanderhoef noted that much information related to the Cape Cod Commission’s

activities is available on-line.

The Board of Selectmen would like to interview candidates at their Monday,

September 18, 2006 meeting. Applications will be accepted through

Thursday, September 14, 2006 for consideration. Questions that were

prepared by Ms. Vanderhoef will be provided to interested candidates.

Discussion regarding the appointment process also resurfaced.

Selectman Schropfer drew the attention of the audience present who had requested adherence

to the Charter stipulation of a “Seven Member Search Committee” to the Minutes and meeting

of August 23, 2006 where these concerns were addressed, with the recommendation that

this be reviewed and brought before the next town meeting. Selectman McDonald

acknowledged these concerns and would like to evaluate how to proceed. Selectman Collins

noted that this issue was under advisement and would be reviewed further. Selectman

Collins also recommended reviewing with Mr. Harold Goemaat, former Search Coordinator,

the expertise gathered during his tenure as Search Coordinator.

Outer Cape Health Services - Funding Request

Ms. Vanderhoef wanted the Board of Selectmen to be aware that a funding request for $10,000 had been received by Outer Cape Health Services for consideration of funding during this fiscal year. Last year, Outer Cape Health Services had been granted $5,000 from the Timothy Smith

Fund, with a letter stating that the reservoir of funds was dwindling.

Selectman Collins asked that this be further reviewed when the full board was present.

Additionally, a representative from Outer Cape Health Services (Mr. Henry Tuttle) and

the Chair of Human Services (Gail Hoffman) will be asked to attend a meeting to review

Cable Advisory Committee - Charge

Ms. Vanderhoef noted that the work of the Cable T.V.License Renewal Advisory Committee

as stated in their charge has been completed. The charge states the following:

“ In accordance with G.L. c166A, the Board of Selectmen hereby establish a Cable T.V. Advisory Committee, composed of seven (7) members, who shall focus on recommending acceptance of a cable T.V. license or renewal of an existing license to the Board of Selectmen. In developing said recommendation, the Committee shall, at a minimum, review the following: 1 - License Term; 2 - Servcie Area/Line Extensions; 3 - System Upgraidng Potential and Schedule; 4 - Future Technology - How Accessed, Service Area; 5 - Institutional Networks (I-Nets); 6 - Public Access/Local Origination; 7 - Customer Service Standards; 8 - Senior Citizen Discounts; 9 - Annual Perforamnce Review; 10 - Performance Bionds and 11 - Gross Revenue - Definition - How Much - Pass Through. The committee may decide to recommend an “Informal Renewal Process,” which is less rigid. The Committee shal report bi-monthly to the Board of Selectmen on progress and to discuss any other issues not explicity stated in the charge, but of concern in the license renewal process.”

Ms. Vanderhoef noted that the Cable T.V. License Renewal Advisory Committee rejected

Comcast’s request for renewal.

The Board of Selectmen may consider having a standing cable committee, and may consider

asking the present Board if they would be interested.

Mr. Gene Tierney (Cable Advisory) noted that in 1996 the time of the last contract, it would

have been enormously helpful if the committee had not disbanded. The present committee

then had to start from scratch.

At this time, it was determined that the Cable Committee will be contacted to provide feedback.

Additionally, other standing committees throughout the Cape will be contacted for samples

of their charges. A new charge will be established after feedback, which will establish

terms, etc. The Cable Advisory committee as it now stands will not be dissolved until such time as more information is gathered.

Monday, August 21, 2006 - Regular Session

Selectman McDonald took note from the Minutes of August 21, 2006, regarding the appointment of Mr. Russell French to the Finance Committee, whereby it was noted that he had indicated that if appointed to the Finance Committee he would resign his recent appointment to the Critical Planning Committee. At this time, Mr. French has not resigned his position on the Critical Planning Committee. The Board of Selectmen would like the opportunity to discuss this matter further with Mr. French as appropriate.

That matter having been discussed, Selectman Schropfer moved to approve the Monday, August 21, 2006 Regular Session minutes as presented. Selectman Sandblom seconded the motion. Approved 4-0.

Wednesday, August 23, 2006 - Work Session

Selectman Schropfer noted that the sequence of adjournment was incorrectly stated. Correction noted.

Selectman Schropfer moved to accept the minutes of Wednesday, August 23, 2006 - Work Session, with correction duly noted. Selectman Sandblom seconded the motion. Approved 4-0.

The Board of Selectmen will be meeting with the Council on Aging’ s Board of

Directors at their Wednesday, September 6, 2006 Work Session. Ms. Vanderhoef noted

that she and Selectman Burt will not be able to be present at that meeting due to

unforeseen circumstances.

Veterans’ Services honoring Mark Vecchione and other Veterans’ are being considered. Selectman McDonald asked that Mike Uliano, who deceased on 9/11, be included in remembrances. Brittany Bohannon has contacted the town to see if there can be coordinated events on November 11, 2006. She is planning a concert for the afternoon of November 11, 2006. Ms. Vanderhoef will recommunicate the town’s willingness to work together in this effort. The Board of Selectmen felt it would be more appropriate to have a coordinated event for November 11, 2006 rather than at Windmill Weekend.

All matters having been discussed, Selectman Schropfer made a motion to adjourn at 8:50 p.m. Selectman Sandblom seconded the motion. Selectman Schropfer, yes; Selectman Sandblom, yes; Selectman Collins, yes; Selectman McDonald, yes.

Respectfully submitted,