MINUTES
Board of Selectmen
Monday, December 3, 2007
Regular Session - 6:30 p. m.
Location: Earle Mountain Room, Eastham Town Hall
Present: Selectman Linda S. Burt, Chair
Selectman Martin F. McDonald, Vice-Chair
Selectman David W. Schropfer, Clerk
Selectman Kenelm N. Collins
Selectman Carol F. Martin
Sheila Vanderhoef, Town Administrator
Michael Ferreira, Assistant Town Administrator
Selectman Burt called the meeting to order at 6:30 p.m.
PUBLIC INFORMATION
Selectman Schropfer noted the passing of Joseph Cannon, co-owner of the Town Crier Motel.
Selectman McDonald expressed pleasure with the turnout for the Library Expansion Project meeting held at Town Hall on Saturday, December 1, 2007, noting the good public participation.
Russell French updated the Board of Selectmen on his continuing interest in the Brackett Road traffic issues and urged the involvement of several Town boards and committees.
APPOINTMENTS
Human Services Committee - Program/Budget Review - Gail Hoffman
Gail Hoffman, Chair of the Human Services Committee, gave an overview of the process for
agencies requesting funding from the Town of Eastham and referred to the committee’s
recommended funding requests for FY 09.
Selectman McDonald expressed his concern regarding Outer Cape Health Services’ request for funding, as the committee did not include it in its funding list. Ms. Hoffman responded that they missed the submission deadline for this year and further stated that with the advent of state health insurance, it seemed inappropriate to continue funding this without funding Cape Cod Healthcare and the Fontaine Center. She also went over the Human Services Advisory Committee charge and the updated guidelines used by the Human Services Committee in reviewing funding requests.
PUBLIC HEARING: Revocation of Fuel Oil Storage Permits,
2355 State Highway (Former Mobil Gas Station)
Selectman Burt read the Legal Notice opening this public hearing.
The Town Administrator explained that this is a routine matter since the Mobil Station has ceased operation and removed the tanks. A new operation is in place and it does not use the license.
Selectman Collins made a motion to approve the revocation of the fuel oil storage permits as presented. Selectman Schropfer seconded the motion. APPROVED 5-0.
Request for Letter of Support - Lobster Fishermen - James McGrath
Mr. McGrath explained his request for a letter of support for a petition submitted by the lobster fishermen of the Outer Cape to “reduce the maximum number of traps allowed per lobster
fisherman from eight hundred (800) to six hundred (600) traps.”
Selectman Collins made a motion to send a letter of support as requested to the Massachusetts Division of Marine Fisheries (i.e., using the letter sent by the Orleans Selectmen as a sample). Selectman Schropfer seconded the motion with an additional comment concerning the tidal limitations of Nauset Harbor. APPROVED 5-0.
PUBLIC HEARING: Name Change of Private Way -
Chester Ave/Acorn Road off Nauset Road
Selectman Burt read the Legal Notice opening this public hearing.
Mr. Charles Nikopoulos (Citizen) presented his request to the Board citing confusion created by the fact that sections of Chester Avenue are located on either side of a parcel of 20 +/- wooded acres.
After some discussion on how this has impacted emergency response personnel, as well as visitors, Selectman Schropfer made a motion to change the name of a section of Chester Avenue off of Nauset Road (Map 9 and Parcel 8 and 9) to Acorn Road as presented, effective immediately. Selectman Martin seconded the motion. APPROVED 5-0.
Cape Cod Commission - Representative Joyce Brookshire
Ms. Brookshire, Cape Cod Commission Representative, updated the Board of Selectmen on the numerous initiatives of the Cape Cod Commission. She also presented a Tri-Town Plant update as our Tri-Town Board of Managers Representative.
Interviews/Appointment - Cultural Council - Ellen Scott
The Board of Selectmen discussed with Ms. Scott her avid interest in the arts and were pleased to hear that she has attended a meeting of the Cultural Council.
Selectman Martin made a motion to appoint Ms. Ellen Scott to the Cultural Council for a term to expire on June 30, 2010. Selectman McDonald seconded the motion. APPROVED 5-0.
Interview/Appointment - Bikeways Committee - Kathy Herrick
Ms. Herrick noted that she moved to Eastham permanently in March. As a result of a biking accident, Ms. Herrick is especially interested in the safety enhancement of the bike trails.
Selectman Schropfer made a motion to appoint Ms. Kathy Herrick to the Bikeways Committee to fill the unexpired term of Beverly Hobbs to June 30, 2008. Selectman Collins seconded the motion. APPROVED 5-0.
Interviews/Appointment - Planning Board - Bob Freeman, Thomas Reilly
The Board of Selectmen met with Mr. Freeman and Mr. Reilly and said they were impressed with both of them. They noted that Mr. Reilly has done an excellent job in his capacity as Chair of the Ad Hoc Wind Turbine By-law Committee, but felt that Mr. Freeman’s engineering background would be a greater asset for the Board at this time.
Selectman Collins made a motion to appoint Mr. Robert Freeman to the Planning Board to fill the unexpired term of Kevin Holland to June 30, 2010. APPROVED 5-0.
Emergency Pet Shelter Program
The Board of Selectmen discussed the draft of an Emergency Pet Friendly Shelter document which is being developed by the Town Administrator and the Chief of Police, as Civil Defense Officer for the Town, in cooperation with the Eastham Dog Owner’s Association. They also discussed concerns related to the following: pets; vaccinations; location (i.e., COA and Elementary School); volunteers; crating; storage of crates; upkeep of cleanliness related to waste material from pets within the shelter; emergency announcements; pre-registration and the development of a data base.
Ms. Vanderhoef applauded the Dog Owner’s Association for stepping forward in this matter, their hard work related to this initiative and their volunteering to train as Red Cross Shelter Operators. The final draft will be presented to the Board.
ADMINISTRATIVE MATTERS - Discussion/Action
Discussion - Wind Turbine By-law Committee Report
Ms. Vanderhoef said that it was her understanding that the Board of Selectmen wanted further discussion on the proposed Wind Turbine By-law presented to them at their November 27, 2007 meeting. The Board agreed that this needed to be discussed further and expressed their preference to address this at a future work session. Selectman McDonald noted that an acoustic review by an expert may be needed before a comprehensive review can take place.
Selectman Collins moved to defer the Wind Turbine By-law discussion to a Board of Selectmen’s Work Session. Selectman Schropfer seconded the motion. APPROVED 5-0.
Cable T.V. Regional Committee Activity Update - Selectman Carol F. Martin
Selectman Martin attended a November 10, 2007 Cable T.V. Regional Committee meeting. She highlighted several items which the committee would like feedback on, if possible, by December 31, 2007. This feedback includes the recommendation of sites to broadcast from, discussion of location of studios, nomination of two liaisons from Eastham and a “sense of how the Town would like to allocate monies coming to it.”
Selectman Burt noted that further work was needed and one of the two liaisons would preferably be a member of the Board of Selectmen who would be a voting representative for the Town. Selectman Schropfer volunteered to work with Aimee Eckman on this initiative.
Ambulance Abatements
Town Administrator Vanderhoef referred to a memorandum received from Fire Chief Olson on this matter.
Selectman Collins moved to abate $34,671.16 as presented. Selectman Schropfer seconded the motion. APPROVED 5-0.
Noah Shelter - Request for Funding
Selectman Schropfer made a motion to write a letter of response to the request for funding as presented by the Barnstable County Commissioners This letter, acknowledging the needs of
the homeless, should outline the process for receiving funding through our Human Services Advisory Committee. Selectman Martin seconded the motion. APPROVED 5-0.
Approval of Multiple Sclerosis Cape Cod Getaway Bike Ride Route
Police Chief Hedlund reviewed the proposed/requested route from the 2008 Multiple Sclerosis
Society Cape Cod Getaway MS 150 Bike Tour and expressed his concerns related to “the heavy pedestrian traffic and the challenging layout of Shurtleff Road.”
Selectman Schropfer made a motion to deny the application from the MS Society as presented
and to authorize Chief Hedlund to contact Mr. B. Keigan to propose a safer route. Selectman Collins seconded the motion. APPROVED 5-0.
First Right of Refusal to Purchase Land - Harris Family Trust Dyer Prence Road
Ms. Vanderhoef referenced a letter received from the Harris Family Trust. In compliance with
Chapter 9 of Chapter 61B the Town has now been notified of their intent to sell “two (2) lots
on Dyer Prence Road referred to as lots seven (7) and eight (8) on the Ryder and Wilcox Plan of Land.”
The Town, when so notified, will have one hundred and twenty (120) days to make an offer or to refuse purchase. The Board of Selectmen, having been so notified, will discuss this matter further in an upcoming Executive Session.
LICENSING
Ms. Vanderhoef noted that the Police Department has reviewed all of the requests for license
renewals presented and recommend approving this request. Selectman Martin recused herself
from the discussion and pending vote.
Selectman Schropfer asked about the “Cestaro” license. He thought the name might be incorrect. Ms. Vanderhoef clarified that Cestaro Brothers is the correct license holder’s name for Arturo’s Restaurant.
Selectman Schropfer made a motion to approve the license renewals as presented. Selectman
Collins seconded the motion. APPROVED 4-0. Selectman Martin recused herself from this
vote.
Selectman Martin made a motion to approve the seasonal population estimate for the summer of 2008 (i.e., 30,000) as presented by Chief Richard Hedlund. Selectman Collins seconded the motion. APPROVED 5-0.
OTHER BUSINESS
Litigation Update - Ocean Beach Decision
Ms. Vanderhoef noted that the litigation was settled in favor of an agreement between the plaintiffs and the Town. The Town will place an Article in the Warrant for the 2008 Annual Town Meeting where the voters will decide whether to impose a Conservation Restriction, as required by the Cape Cod Commission decision.
Ms. Joan Sullivan, Chairperson of the Friends of Eastham Recreation, Inc., made a statement (attached ) reasserting their commitment to the ocean beach project.
Set Public Meeting Date - Flex Route Future
Mary Lou Petitt asked the Board of Selectmen to schedule a public hearing or meeting date related to possible withdrawal of Flex services. Discussion related to the importance of getting as many comments from the public as possible, as well as feedback from upcoming Flex meetings, before such a public hearing is set.
Demographic Study - Cape Cod Chamber of Commerce Funding Request
Ms. Vanderhoef noted that the Cape Cod Chamber of Commerce has extended an invitation for the Board of Selectmen to attend a Special Demographic Session on December 12 from 5:00 - 8:00 p.m. at the Cape Cod & Islands Association of Realtors in West Yarmouth.
Ms. Vanderhoef noted that the Chamber is asking for donations (i.e., $500) to afford an opportunity for Mr. Peter Francese, a noted demographer and consumer marketing expert, to focus on demographic data for Eastham.
The Board of Selectmen was at this time interested in obtaining previous demographic studies by Mr. Francese on Eastham. Mr. Fred Fenlon has indicated that he will look into obtaining such data.
The Board of Selectmen declined to provide this funding.
MINUTES
August 20, 2007 - Regular Session:
Selectman Martin made a motion to accept the minutes for the August 20, 2007 Regular
Session. Selectman Schropfer seconded the motion. APPROVED 5-0.
August 22, 2007 - Work Session
The Board of Selectmen asked to see these minutes again after a further review of a
discussion which may have taken place at the very end of the August 22, 2007 meeting.
September 5, 2007 - Executive Session
Selectman Schropfer made a motion to accept the minutes for the September 5, 2007
Executive Session. Selectman McDonald seconded the motion. APPROVED 5-0.
September 17, 2007 - Regular Session
Selectman Martin made a motion to accept the minutes for the September 17, 2007
Regular Session. Selectman Schropfer seconded the motion. APPROVED 5-0.
September 17, 2007 - Executive Session
Selectman Schropfer made a motion to accept the minutes for the September 17, 2007
Executive Session. Selectman McDonald seconded the motion. APPROVED 5-0.
October 22, 2007 - Work Session
Selectman McDonald made a motion to accept the minutes for the October 22, 2007
Work Session. Selectman Schropfer seconded the motion. APPROVED 5-0.
All matters having been discussed, Selectman Collins moved to adjourn at 9:08 p.m. Selectman Schropfer seconded the motion. APPROVED 5-0.
Respectfully submitted,
Lorraine Speros
| 
