Town of Eastham MA - Selectmen's Meeting Minutes 11/20/06

Selectman Schropfer noted that there will be another public meeting regarding the windmill project on December 2, 2006. He noted that it will be very informative and thorough.

Dave Scheptyck, Elementary School Building Committee, noted that he is the liaison to the Selectmen for the committee. He noted that he is always available to answer any questions.

Ms. Bethany Walton, citizen, is requesting permission from the Board of Selectmen to use an over the sand vehicle to access the shellfish farms at Boat Meadow in the Eastham Aquaculture Development Area. The vehicles will be used to gather gear necessary to the harvesting of the shellfish.

Henry Lind, Natural Resource Officer, informed the Board that last years arrangement was very successful. He suggested adding an amendment to the lease agreements so the grant holders do not need to get permission from the Board every year. Mr. Lind noted that the gear is removed in December, with replacement taking place in February or March, depending on the weather. He noted that there was a list of required equipment and regulations for the vehicle and the Natural Resource department needed to be notified.

Selectman Schropfer asked what the potential negatives of the plan would be. Mr. Lind noted that it is possible to lose a vehicle in the mud, with the tide rising around it, which would result in a costly oil spill. Mr. Lind also noted that the daytime tides need to be right to allow access, as well as favorable weather in place. Mr. Lind also noted that there was no visible damage to last year’s flats, or damage to invertebrates on the flats.

Selectman Sandblom made a motion to use the rule of necessity to vote on this issue as Selectman Sandblom, Selectman Collins, and Selectman Burt all have shellfish grants. The motion was seconded by Selectman McDonald and so voted 5-0.

Selectman McDonald made a motion to approve access to the shellfish grants by contract, with an amendment to be made to include the grants at Sunkenmeadow. The motion was seconded by Selectman Schropfer and so voted 5-0.

Mr. Intonti informed the Board that he is trying to sell his property, and noted that this has been a long-standing issue. Mr. Intonti questioned the direction of the project and when this is going to be dealt with. Selectman Burt noted that the Board has been working with the DEP, noting that if the Town takes the property, we will need to pay the DEP for all cleanup of the property.

Selectman Schropfer noted that Mr. Frank DeFelice is preparing a document for the State regarding condemnation and destruction of the building. Ms. Vanderhoef noted that it is private ownership so the Town cannot just take the property. The DEP has said the they are willing to forgive the lien if the property is converted into something. Ms. Vanderhoef also noted that the Town is about to prepare a grant, and an architect has been hired to develop a concept plan for housing. She noted that a resolution can be prepared and sent to the State regarding the timeliness of the issue.

Mr. Thomas Lennox, Eastham Historical Society, is requesting permission from the Board to waive fees for the disposal of the construction debris. He noted that cooperation from many people have helped the project to save money.

Selectman Schropfer disclosed that his wife in on the Board of the Historical Society. Selectman Collins disclosed that he is the Vice President of the Eastham Historical Society.

Ms. Vanderhoef noted that this is a private non-profit, and by granting this waiver, other groups may ask the Board for the same privilege.Selectman Sandblom questioned how much it will cost the town. Mr. Lennox noted that it costs groups $200 per ton to dispose of the debris. Selectman McDonald noted that certain projects can be addressed on a case-by-case basis, but the Schoolhouse Museum is part of Town history.

Selectman Schropfer made a motion to allow the Town to permit the historical restoration and addition debris to be deposited at the transfer station at no cost for the duration of the project. The motion was seconded by Selectman McDonald.

Selectman Burt noted that she would like to know the monetary figures before making a decision. Selectman Sandblom questioned if the project was fully funded. Mr. Lennox responded that they still need to raise approximately fifty thousand dollars. Ms. Joy Brookshire, citizen, noted that trucking the debris off cape will cost the town a significant amount of money. Selectman Collins noted that more information can be obtained at the next meeting, but until then to limit the motion to include only the remnants of the outhouse. Selectman Schropfer amended the motion to read:

The Town permit historical restoration and addition debris to be deposited in the Town Transfer Station for the duration of the Old Schoolhouse Museum project to be limited to the amount reserved in the bid for removal of the outhouse and shed. The motion was so voted 5-0.

Ms. Vanderhoef informed the Board of Selectmen that Mr. Steven Wasby has not shown for any Board of Health meetings since his appointment. She noted that there has been attempts to contact him regarding this and have not been able to reach him. Ms. Vanderhoef noted that the Selectmen can withdraw their appointment.

Mr. Paul Lothrop noted that the Board has been edging on a quorum and that Dr. James Taylor is willing to temporarily serve on the Board until a replacement can be found.

Selectman Collins made a motion to temporarily remove Mr. Steven Wasby from the Board of Health to be replaced by Dr. James Taylor. The motion was seconded by Selectman Sandblom and so voted 5-0.

Selectman Schropfer made a motion to approve the Preservation Restriction between the Town of Eastham and the Eastham Historical Society, Inc. The motion was seconded by Selectmen Collins and so voted 5-0.

Janet Oviatt, employee of the USPS and Don Rogers, employee of the USPS, are asking the Selectmen for permission to display a handmade quilt in Town Hall. The quilt shows each Cape Town’s zip code and a landmark in that town. Ms. Oviatt noted that they would like the quilt in Town Hall for both protection and security, as there is no place to hang it in the Eastham Post Office.

Selectman Collins made a motion to display the quilt in the predetermined site within Town Hall from December 11 to December 15, 2006. The motion was seconded by Selectman Schropfer and so voted 5-0.

Selectman Sandblom made a motion to release the lien on Lot 6, 22 Sandy Meadow Way, Eastham, MA. The motion was seconded by Selectman McDonald and so voted 5-0.

Ms. Vanderhoef asked the Board for direction on continuation of defending the Cape Cod Commission permit for the Ocean Beach. Selectman Sandblom noted that the Court had asked for a decision and one needs to be given.

Selectman Sandblom made a motion for the Town to continue to defend the Cape Cod Commission in approval of the Ocean Beach project. The motion was seconded by Selectman Schropfer.

Peter Whitlock, citizen, questioned the Board, as a former Selectmen, if they were aware of the five thousand dollar cap set for spending on the beach litigation. He also questioned if that cap has been reached.Ms. Vanderhoef noted that as of July 2006, the Town has spent over six thousand dollars, with all expenses included.

Selectman McDonald noted that the data indicates that the sixty available spaces at the Lighthouse were adequate enough to meet the Town’s needs. He also noted that at the last two prior town meetings the Beach was turned down. Selectman Burt noted that the data was not conclusive to the adequateness of the sixty Lighthouse spaces.

Selectman Schropfer noted that the litigation is regarding the proper actions of the Board. He also noted that the 250 parking spaces may be too many, but there is no data to prove that certainly yet. He also noted that the Park Service agreement is not long term and can be terminated with thirty days notice from either party. Selectman Schropfer offered himself to speak with the parties involved to possibly reach a compromise.

Joanna Stevens, citizen, noted that a letter from George Price, National Seashore, stated that the standard time length for this type of agreement is a five-year period.

Selectman McDonald noted that the taxpayer money is above what the cap was set at for a project not approved by taxpayers. He noted that even if the Cape Cod Commission won approval, the Town still would not have the beach, as the taxpayers have not voted for it. Joan Sullivan, Chair of the Ocean Beach Committee, noted that the Lighthouse project is costing the Town money. She also noted that money should not be the question, rather the appeal process of the permit. Ms. Sullivan noted many upcoming projects in Eastham, and noted it would unwise to drop the legal process.

Selectman Burt invited Frank Dobek, citizen, to speak before the Board. Mr. Dobek informed the Board that he is on the Recreation Commission and has an interest in maintaining community style land use. Selectman McDonald noted that he has a good teaching ability that could help get younger people involved.

Selectman Schropfer made a motion to appoint Frank Dobek to the unexpired term of Judy Brainerd to expire on June 30, 2007. The motion was seconded by Selectman Sandblom and so voted 4-0.

Ms. Vanderhoef noted that the Potassium Iodide pills, in the event of a situation at the nuclear power plant, are in the hands of the Jane Crowley, the Town Health Agent, to control.

Ms. Vanderhoef informed the Board that the lease for the cellular tower would like to add a generator inside the fenced property for operation of the tower in the event of a power loss. The Selectmen voiced concern for added noise in the area and would like to request that the generator is in an enclosure in order to reduce noise.

Selectman Schropfer made a motion to approve the minutes of the November 6, 2006 Regular Session. The motion was seconded by Selectman Collins and so voted 5-0.

Selectman McDonald made a motion to approve the minutes of the November 6, 2006 Executive Session. The motion was seconded by Selectman Sandblom and so voted 5-0.

Selectman Collins made a motion to adjourn. The motion was seconded by Selectman Schropfer. Selectman Burt, yes; Selectman Collins, yes; Selectman Sandblom, yes; Selectman McDonald, yes; Selectman Schropfer, yes.