MINUTES
Board of Selectmen
Monday, July 2, 2007
Regular Session - 6:30 p. m.
Location: Earle Mountain Room, Eastham Town Hall
Present: Selectman Martin F. McDonald, Vice Chair;
Selectman David W. Schropfer, Clerk; Selectman Kenelm N. Collins
and Selectman Carol F. Martin
Absent: Selectman Linda S. Burt, Chair
Sheila Vanderhoef, Town Administrator
Selectman McDonald, Vice Chair, called the meeting to order at 6:30 p.m. in Selectman Linda S. Burt’s absence.
PUBLIC INFORMATION
Selectman McDonald referred to a recent article related to recycling. The article referred to
several areas of concern. Selectman McDonald said that our contract for waste disposal will
be coming up with Rochester and it is his understanding that the new contract will be more
than what we are paying now. Selectman McDonald thought it prudent to focus on ways
to improve our recycling. Selectman Schropfer noted that several individuals had approached
him about the fees for entering the facility and he was concerned that this may inhibit individuals from coming in and recycling. Selectman Martin said that the introduction of a “recycling sticker only” had been suggested to her and might be considered. As such, it was agreed that “recycling” be put on the agenda in the not too distant future to address these concerns.
Joy Brookshire (Citizen) mentioned that she recently attended a meeting with Senator O’Leary present, regarding Waste Water Legislation. Support from the towns would be welcome and
“is needed.”
Additionally, Ms. Brookshire mentioned a Workshop to be held on July 10, 2007 in Orleans.
“Congress and the President approved a remarkable piece of legislation in August, enabling
private landowners of important natural resources to reap enhanced incentives for donating permanent conservation restrictions on their properties. But it is on a trial basis: landowners
must complete the CR before the end of 2007 in order to qualify.” Go to www.compact.cape.com for more information.
ADMINISTRATIVE MATTERS - Action/Discussion
6:45 p.m. Resignation - Planning Board - Richard Taylor - Alternate
Selectman McDonald read the following resignation letter from Richard Taylor (Alternate, Planning Board) dated June 7, 2007 into the minutes:
“This letter serves as written confirmation that I am resigning my position of Planning Board Alternate. Unfortunately, at this time, circumstances are making it necessary for me to resign. Thank you for having provided me the opportunity.”
Selectman Schropfer accepted with regrets the resignation of Richard Taylor as Alternate from the Planning Board and asked that a letter of thanks be sent to him for his service. Selectman Martin seconded the motion. APPROVED 4-0.
6:50 p.m. Resignation - Eastham Board of Health - Joyce Gibson
Selectman McDonald read the following resignation letter dated June 25, 2007 received from Joyce Gibson (Board of Health) into the minutes:
“Due to personal circumstances I find it necessary to remove myself from the Eastham Board of
Health. This should be effective right away. It has been a privilege to serve Eastham as well as
I was able and I will miss it very much. It has also been a pleasure to work with the current
Board of Health, our Health Officer and her Assistant. They have always had the best interests of
Eastham in their work.”
Selectman Collins accepted, with regrets, the resignation of Ms. Joyce Gibson from the Board of Health and asked that a letter of thanks be sent to her for her services. Selectman Schropfer seconded the motion. APPROVED 4-0.
6:55 p.m. Cultural Council - Sue Pellowe, Chair
Ms. Pellowe, Cultural Council Chair, asked the Board of Selectmen if they would consider allowing individuals who live in other towns and/or employees of the town who are not residents to be allowed to be appointed as members of the Cultural Council. Ms. Pellowe noted that other towns, notably Orleans and Brewster, do not insist that members of their committees be town residents. The primary requirement is that of interest in the promotion and development of cultural events.
Selectman Schropfer indicated that he had spoken with Lillian Lamperti, Town Clerk and she has
confirmed that members of the Cultural Council must be residents of the State of Massachusetts,
but not the town. Selectman Martin voiced her support of the request presented, as long as the request is consistent with the Home Rule Charter. Selectman Schropfer noted that this
seems to be an individual committee’s need-based request. In his view, this would, therefore, not be at odds with the general policy that committee members be residents of the town. Ms. Pellowe stated that a quorum for their meetings is frequently not reached and questioned what constitutes a quorum. In the Cultural Councils’ case, twenty two members can be appointed. The question of the quorum requirement ( a quorum based on twenty-two members vs. a quorum based on actual active members) will be researched in order to confirm and be consistent with state guidelines.
Selectman McDonald noted that this might very well be an issue which can be brought to the newly formed Search Committee. Absent of any other objections, the request to accept non-residents as members of the Cultural Council committee will be considered. Acceptability of this request as it adheres to the Home Rule Charter needs to be confirmed before a firm determination can be made.
7:00 p.m. Council on Aging
The Board of Selectmen were pleased to meet with Lucille Cashin and Marjorie Sturm. Pauline McGuaghey was not present. Ms. Carol DiBona was also present for consideration. The Board
was impressed with the experience and commitment brought forward by these candidates.
Selectman Martin said that she attended the Council on Aging’s 25th Anniversary Open House
a few weeks ago and was very impressed not only with the projects, but the vitality and enthusiasm at the C.O.A. citing this to be the “best kept secret in town.”
Selectman Martin made a motion to appoint Ms. Carol DiBona to the Council on Aging’s Board of Directors for a term to expire on June 30, 2010. Selectman Schropfer seconded the motion. APPROVED 4-0.
Selectman Schropfer made a motion to reappointment Lucille Cashin, Pauline McGaughey and Marjorie Sturm to the Council on Aging’s Board of Directors for terms to expire on June 30, 2010. Selectman Martin seconded the motion. APPROVED 4-0.
7:10 p.m. Finance Committee
Mr. John Knight, Finance Committee Chair, informed the Board of Selectmen that at their
Thursday, June 28, 2007 meeting, they appointed Mr. Joseph Bayne to the Finance Committee
for a term to end on June 30, 2010.
The Board of Selectmen then called upon the potential candidates for an appointment to the Finance Committee who were present. At this time, of the three interested candidates (i.e., John Dowman, John Knox and Emilie Miller) Mr. Knox was present and came before the Board.
Mr. John Knox related his extensive financial background. Selectman Schropfer noted that Mr.
Knox had also indicated an interest in serving on the Long Range Planning Committee. Mr. Knox then indicated that the Finance Committee was his first choice. Selectman Schropfer noted that Ms. Miller and Mr. Dowman were not here at this time and would like to meet with them also for consideration on this important committee.
Mr. John Knight, Chair, Finance Committee, spoke highly of Mr. Knox and said that at the
Finance Committee meeting in which they made their appointment, Mr. Knox was a very
close second. Mr. Knight also noted that the Finance Committee does not get as many
applicants as they would like. Concerns related to diversity (age and gender) as it relates to
their committee will be addressed in the future.
Selectman McDonald indicated that again, these types of concerns can be brought before the
Search Committee.
Selectman McDonald stated that the decision to appoint an individual to the Finance Committee by the Board of Selectmen would be deferred at this time, in order to allow the Board to interview Mr. Dowman and Ms. Miller. Selectman McDonald thanked Mr. Knox for his presence here this evening.
Selectman Martin noted that Gwen Pelletier, Town Moderator, was present at this meeting. It
is her understanding that Ms. Pelletier will be making an appointment to the Finance Committee.
Ms. Pelletier said that she was present to hear the interviews and that she has reached out to
others in the community who appeared interested but had not submitted applications at this time.
Ms. Pelletier said that she has noticed that qualified individuals are approachable and appear
happy to serve, but are many times reluctant to fill out an application prior to being approached.
Selectman Schropfer asked Ms. Pelletier if she could possibly share those names with the Board of Selectmen and Search Committee as appropriate. Ms. Pelletier indicated that she would be happy to do so after communicating this request first to these individuals and ascertaining their wishes in this regard.
7:15 p.m. Board of Health
At this time, Ellen Lariviere, Lois Roth-Johnson and Stanley Holt came forward to meet with
the Board of Selectmen.
Ms. Lois Roth-Johnson reviewed her extensive background and noted that she and her husband
are in the process of relocating shortly to Eastham as full-time residents.
Selectman Collins asked the three candidates to consider the seriousness of this appointment.
There are only five members on the Board of Health and the level of commitment “must be high.”
If any individual needs to be away from any length of time, it will create a severe strain
on the Board.
Ms. Lariviere, who is interested in reappointment, indicated that she had missed two meetings and was strongly committed to the Board of Health. Mr. Stanley Holt apologized for having missed the last meeting when his reappointment was considered. He said that he brings extensive experience to the table and is committed to both the Board of Health and to service on behalf of the community .
Selectman Martin, at the last Selectmen’s meeting held on June 18, 2007, moved to appoint
Ms. Beverly Knox for a three year term to replace Mr. Holt. Selectman Martin indicated that
while she was very happy to have nominated Ms. Knox, a highly qualified candidate, she based
her motion on incorrect information on-hand at that time which stated that Mr. Holt had served three terms and not two.
Selectman Schropfer complimented Ms. Roth-Johnson on her willingness to serve on the Board
of Health and on her extensive credentials. He indicated that it would serve the Board well if Ms.
Roth-Johnson would reconsider the Board of Health in the future when other openings occur,
and after she has settled in.
Selectman Martin then moved to reappoint Ms. Ellen Lariviere to the Board of Health for a term to expire on June 30, 2010 and to reappoint Mr. Stanley Holt to fill the unexpired term
of Ms. Joyce Gibson to June 30, 2008. APPROVED 4-0.
Selectman McDonald also noted that as a tribute to Mr. Holt, the Board had received several calls from members of the Board of Health expressing their disappointment that Mr. Holt had not been reappointed at the June 18, 2007 meeting.
7:20 p.m. Planning Board
The Board of Selectmen were pleased to meet with Michael Cole, Kevin Holland and
Craig Nightingale, all wishing reappointment to the Planning Board. Mr. Frank Salamone was
not present at this time. Mr. Donald Anderson, Tom Johnson and Ms. Sandra Johnson-
Oliver were present, as well, for consideration.
The terms of the candidates wishing reappointment were discussed. Confusion as to the exact terms served appeared to come from whether or not an alternate or a short term was considered as one term fully served. A question arose as to the potential appointment of an employee to the Planning Board and conflict of hours of meeting times with work hours. Mr. Howard Sandler, Chair of the Planning Board indicated that Mr. Salomone had spoken to him and indicated that he would step aside as alternate at this time and would not seek reappointment as an alternate should the Board have viable candidates to fill his position.
Selectman Martin then made a motion to reappoint Michael Cole to the Planning Board for a term to expire on June 30, 2010. Selectman Schropfer seconded the motion. APPROVED 4-0.
Selectman Martin made a motion to reappoint Kevin Holland and Craig Nightingale for a term to expire on June 30, 2010. Selectman Collins seconded the motion. APPROVED 4-0.
Selectman Schropfer made a motion to appoint Don Andersen as an alternate to the Planning
Board for a term to expire on June 30, 2010. Selectman Martin seconded the motion.
APPROVED 4-0.
Selectman Martin made a motion to appoint Mr. Tom Johnson as an alternate to fill the unexpired term of Richard Taylor to June 30, 2009. Selectman Schropfer seconded the motion. APPROVED 4-0.
7:45 p.m. Visitor’s Service Board - Monday Night Concert Banner Sign Request
Selectman McDonald read the following request from the Visitor’s Service Board into the minutes:
“The Visitor’s Service Board has requested approval to place their sign (Monday Night Concerts)
on the fence on the dates as shown on the attached form. Because there are so many activities and request for the Windmill Green banner posting board position during the busy summer season, the Monday Night Concert banner has been placed on the fence for the last several years. This has allowed other groups to advertise their events on the regular Windmill Green banner posting board. Should this meet with your approval, the Visitor’s Service Board are happy to leave the Monday Night Concert Series Banner on the fence for the entire time frame of the Monday concerts.”
After a brief discussion, the Board of Selectmen acknowledged the cumbersomeness of taking down the banner after each concert. Joy Brookshire, a former Selectman, reviewed the history of the banner policy. Ms. Brookshire reminded the Board of the intent of the policy in place which requires banners to be of moderate size to accommodate the posting brackets on the Windmill Green. Ms. Judy Cannon, Chair, Visitors Service Board, acknowledged that they were aware of this stipulation and assured the Board of Selectmen that they would purchase a new, smaller banner to fit the posting board in time for next year’s concert series.
Selectman McDonald expressed his concern that as caretakers of the Windmill Green, they should monitor the amount of requests for banners on the Green to ensure that it not get out of hand. The Windmill Green has developed into a very desirable location for events and it is important to continue monitoring these requests.
Selectman Schropfer made a motion to permit the Visitor’s Service Board to place their Monday Concert Series sign on the fence as requested, with the understanding that the Visitor’s Service Board will purchase a new smaller banner for next year. Selectman Collins seconded the motion and added that the Visitor’s Service Board be allowed to keep their sign on the fence for the rest of the summer. APPROVED 4-0.
7:55 p.m. Municipal Electricity in Eastham - Energy Committee Overview
John Sherff
Mr. John Sherff, Energy Committee, reviewed the history of Municipal Electricity Usage.
Mr. Sherff noted that “municipal electricity use has been fairly stable over the last four
years.” Mr. Sherff noted, however, that it had been expected to decline.
Selectman Schropfer expressed his specific concern related to Town Hall (i.e., mold and mildew; monitoring of air; “below grade site”, etc., which may correlate to high usage).
Selectman McDonald noted that the survey being reviewed here today just shows energy usage. Mr. Sherff said that the next step for a new committee would be to use the data to explore a more in-depth review of usage and initiatives to conserve energy.
Other recommendations included a need to re-audit, the need to look at other energy sources,
the importance of looking at the electrical needs of the new school, etc.
7:10 p.m. Cape Cod Stranding Network
Mark Powers, Recreation and Beach Director
Sarah Herzig, Stranding Coordinator for the Cape cod Stranding Network
Ms. Herzig, representing the Stranding Network, requested the posting of signs at six sites (i.e.,
First Encounter Beach (2); Kingsbury Beach; Sunken Meadow Beach, Boat Meadow Beach;
Thumpertown Beach and Campground Beach. Ms. Herzig noted that this request is to heighten
awareness related to proper stranding response from the public and for public safety. This effort is to ensure that individuals have the information they need to keep themselves and their pets safe.
Mr. Powers said that he has been in communication with Ms. Herzig. After his review, Mr.
Powers has recommended the placement of four signs total instead of six. He noted the importance of keeping signage as low as possible and space constraints. Selectman Schropfer acknowledged that the seals are very powerful. Ms. Herzig said that the seals are protected under federal law and the signs are meant to protect both the seals from harassment and to warn the public not to approach them.
Selectman Martin made a motion which she subsequently withdrew to approve the sign request.
At this time, Selectman Martin wished to go back to Mr. Powers’ recommendation for four signs.
Selectman Martin then made a motion to approve the placement of four signs as presented by the Cape Cod Stranding Network regarding Seals on the Beach, in four locations as recommended by Mr. Mark Powers, Director of Beach and Recreation (i.e., First Encounter Beach; Sunken Meadow Beach; Boat Meadow Beach and Campground Beach). The choice of color, white vs. yellow will be determined by Mr. Powers. Selectman Collins seconded the motion. APPROVED 4-0.
Selectman Schropfer asked that future consideration be given to add signs on two other beaches next year. This can be determined after a review/impact of the placement of the aforementioned signs. Judy Cannon, Chair, Visitor’s Service Board, also recommended placing copies of the signs at the Information Booth with copies distributed to rental establishments. Ms. Herzig noted that there are informational brochures which could be distributed, Ms. Herzig then provided the following reach information should the public need to reach them and/or for more information:
8:20 p.m. Request for Beach Public Information Signs - Bob Smith
Mr. Robert Smith (Citizen) presented a sign to the Board of Selectmen which he had designed
related to highlighting the sixty two parking spaces available to Eastham Taxpayers. Additionally, this sign states that you must have an Eastham taxpayer Beach or Transfer Sticker to enter the same.
Mr. Smith noted that he had met with the Friends of Eastham Recreation and they were concerned about poor attendance at the Nauset Light beach. Mr. Smith contacted Mr. Mark Powers, Director of Recreation and Beaches, and realized that the opportunity to highlight this information in the letter soliciting parking stickers had been missed. Mr. Smith asked for these signs to be displayed at Town Hall, the Library and at the DPW.
Ms. Joyce Brookshire questioned how individuals with dump stickers would be able to access the beach with this sticker rather than a beach stickers. Mr. Powers explained that the National Seashore in the past has allowed taxpayers who were able to prove their status to use the beach. The seashore decided to continue allowing that policy for individuals wishing to gain entry to our half of the lot. Beach Stickers and Dump Stickers, therefore can both gain entry to Nauset Beach at this time.
Ms. Aimee Eckman (Citizen) voiced her observation that Eastham taxpayers are cognizant of the spaces last year as well as this year and felt that the actual need for this many spaces is not as great as anticipated. It was also noted that a sheet of information is provided at the Sticker Office which does not deal with just Nauset Beach, but rather with all of the beaches. The need for this signage by any “private group - i.e., Ocean Beach Committee” was also called into question by Ruth Katzman and William Opel. It was agreed that the Town would have to agree to sponsor these signs. Ms. Judy Cannon asked that the signs be looked at closely, which would determine that there is no specified sponsorship by any group on the signs. Ms. Cannon recommended that the Town
display these signs as is.
Selectman McDonald was concerned that this discussion was resurrecting the Ocean Beach debate that has caused consternation within the community and suggested looking at ways to make information available for all of the beaches
Selectman Martin stated that she could support the limited display (three) of these signs in designated areas (i.e., Town Hall, Library and DPW). However, she recommended that the sign displayed at Town Hall should be no larger than 8 ½ x 11.
Selectman Martin made a motion to approve three signs (i.e., Town Hall, Library and DPW) with the size of the sign at Town Hall to be no larger than 8 ½ x 11. Selectman Schropfer seconded the motion, adding that there be no flyer distribution, nor distribution on any other beaches. APPROVED 3-1. Selectman McDonald not approving.
Selectman Martin recommended reviewing this at the end of the summer to further review the “failure or success” of the parking lot issue at Nauset Light. Further, Ms. Martin would like to see members of each committee (i.e., Friends of Eastham Recreation, Inc., Oceanside Beach Committee and the Eastham Citizens for Responsible Coastal Development “ECRCD”) monitor the lots and also to report their results at the end of the summer.
Mr. Robert Smith recommended that the monitoring of the lots be rather supervised by Mr. Mark Powers, Recreation and Beach Director, as this might prove to be the most neutral source for this information gathering.
8:55 p.m. Snack Food Giveaway - Request - Mark Powers
Mr. Mark Powers had received a request from Pepperidge Farm to distribute Pepperidge Farm
samples at First Encounter Beach from July 19-29 (i.e., one to two days) from 12:00 p.m. -
2:00 p.m. and from 4:00 p.m. - 6:00 p.m.
Selectman Schropfer voiced his concerns regarding the nutritional value of these snacks for children and the salt content of the snacks. Selectman Schropfer read from the Town of Eastham Rules and Regulations for Beaches (#6) which states the following: “No selling, advertising or giving away goods or services shall be permitted on the beaches or in the parking area except by concessionaires under contract with the Town of Eastham.” Further, the Town of Eastham Use Permit Rules states that “Beach events may not be scheduled between the hours of 8:30 a.m. and 5:00 p.m. from June 15 through September 15.”
Selectman Schropfer made a motion to deny the application from Pepperidge Farm as stated. Selectman Collins seconded the motion. APPLICATION DENIED 4-0.
9:00 a.m. Shellfishing Regulations - Henry Lind
Mr. Lind recommended regulation changes (two) for the Board of Selectmen’s consideration.
Mr. Lind noted that the newly approved (i.e., April 2, 2007) one week shellfishing permit allowing a visitor to purchase a permit for a week and allowing a harvest of a ten quart pail of shellfish for $15.00 rather than the annual $65 or $75 fee should now be added into the Shellfishing Regulations.
Additionally, Mr. Lind recommended that the usual two bushel limit for soft shell clams be
removed as a result of a “combination of the ongoing Red Tide an abundance of soft shell clams in Nauset Marsh. By removing the usual two bushel limit it may be possible for diggers to harvest three or more bushels.” Mr. Lind also noted that the Orleans Selectmen have approved this language in their regulations and “with the joint fishery in Nauset Marsh our regulations should be consistent.”
Selectman Schropfer thought that Mr. Linds’ recommendations made sense. That being said,
Selectman Schropfer made a motion modify the regulations to allow visitors to purchase a permit for a week and harvest a ten quart pail of shellfish for $15 rather then the annual $65 or $75 fee as presented. (See: Non-Commercial or Family Regulations Number 2 & 7 page 3). Selectman Collins seconded the motion. APPROVED 4-0.
Selectman Schropfer made a motion to modify the regulations and remove the usual two bushel limit to allow diggers to harvest three or more bushels in time for this season in the Town of Eastham (See: Commercial Regulations Number 8 page 4). Selectman Collins seconded the motion. APPROVED 4-0.
9:05 p.m. Shellfish Aquaculture License Applications - Henry Lind
Leo Weikert - Site B10 - 1 acre - Renewal and Additional Acreage to 2017
Mr. Lind noted that Mr. Weikert is a hard working fisherman and under our regulations is eligible for expansion of his site for up to two acres. The term of this agreement will be ten years.
Selectman Collins made a motion on behalf of Leo Weikert to renew Site B10 - 1 acre - and allow additional acreage to 2017 as presented. Selectman Schropfer seconded the motion.
APPROVED 4-0.
John Milliken - Site N 39 - ½ acre - Relocation
Mr. Lind noted that Mr. Milliken’s site is located in Nauset Marsh. “It was transferred to
John in 2006 and proved to be too muddy for practical application. The applicant wishes to relocate it in the same general vicinity to take advantage of less muddy substrate. Because the entire area is owned by the National Seashore he needed permission from them which has been granted. We have identified the four corners of the site using GPS and this new site will replace the previous coordinates.” Mr. Lind recommends issuance.
Selectman Collins made a motion to approve Mr. Milliken’s request for relocation of this
site as presented. Selectmen Schropfer seconded the motion. APPROVED 4-0.
9:08 p.m. MINUTES
The Board of Selectmen agreed to defer the minutes listed on today’s agenda as follows:
June 4, 2007 - Regular Session;
June 20, 2007 - Regular Session and
June 20,2 007 - Executive Session.
9:10 p.m. FY 07 Chapter 44 - Year-End Transfers
The Finance Committee voted and approved (Thursday, June 28, 2007 meeting) year-end transfers in the amount of $3,400 under MGL Chapter 44 Section 33B to various departments.
Selectman Schropfer made a motion to approve the transfers in the amount of $3,400 as presented. Selectman Martin seconded the motion. APPROVED 4-0.
Ms. Aimee Eckman noted that the next meeting is on Monday, July 16, 2007 rather than July 18, 2007 as incorrectly listed on the Agenda. Correction noted.
All matters having been discussed, Selectman Collins made a motion to adjourn at 9:12 p.m. Selectman Schropfer seconded the motion. APPROVED 4-0.
Respectfully submitted,
Lorraine Speros
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