Town of Eastham MA - Selectmen's Meeting Minutes 01/22/08

Board of Selectmen

Tuesday, January 22, 2008

Location: Earle Mountain Room, placePlaceNameEastham PlaceTypeTown 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

Michael Ferreira, placePlaceNameAssistant PlaceTypeTown Administrator

Absent: Sheila Vanderhoef, Town Administrator

Selectman Burt called the meeting to order at 6:30 p.m.

I. PUBLIC INFORMATION

* Selectman Carol Martin noted that she was pleased to hear that a new Town Planner had been hired.

* Selectman Martin noted that she had spoken with the Town Clerk’s office and the following positions are up for reelection in 2008: Moderator - (one) three-year position; Board of Selectmen - (two) three-year positions; Treasurer/Collector - (one) three-year position; Town Clerk - (one) three-year position; Library Trustee - (one) three-year position; Housing Authority - (one) five-year position and Elementary School Committee - (two) three-year positions. Additionally, the last day to take out nomination papers for the Town Election is Friday, March 28, 2008. The last day to file nomination papers with the Town Clerk is Tuesday, April 1, 2008.

* Mr. Russell French (Citizen) said that the PlaceTypeplaceOcean PlaceTypeBeach issue will be included in the upcoming Annual Town Meeting to be held in May of 2008. He stated that he feels proceeding with the PlaceTypeplaceOcean PlaceTypeBeach is very important for the financial stability of the Town. Mr. French spoke about five minutes after which Selectman Martin recommended that this be more appropriately addressed as an agenda item at another Board of Selectmen’s meeting. Selectman Burt agreed and asked Mr. French to request placement of this topic as an agenda item, thereby affording the opportunity for a thorough discussion by all interested individuals.

II. ADMINISTRATIVE MATTERS - Discussion/Action

Selectman Burt proceeded at this time to the Administrative Matters - Discussion/Action portion of the agenda to discuss the following agenda items:

* Discussion/Acceptance of placePlaceNameBarnstable PlaceTypeCounty Regional Hazardous Materials Emergency Plan - HAZMAT

The Barnstable County Regional Emergency Planning committee “has submitted an application to the Massachusetts Emergency Management Agency to obtain full certification as a Regional

Emergency Planning Committee” and they would like a letter of support from the Board of Selectmen. After a brief discussion, the Board of Selectmen determined that they would like to get Fire Chief Olson’s view on this. They would also welcome having a copy of the full draft before sending the letter of support that was requested.

* Acceptance of Resignation - Barbara Steinau - Human Rights Commission

Selectman Schropfer made a motion to accept Ms. Barbara Steinau’s resignation from the

Human Rights Commission with regrets and to send a letter of appreciation for her service on this Commission. Selectman McDonald seconded the motion. APPROVED 5-0.

III. PUBLIC HEARINGS - Licensing

Selectman Burt read the Legal Notice opening this public hearing.

6:45 Captain’s Quarters - New All Alcoholic Common Victualer Hotel Liquor License

at the Captain’s Quarters Motel located at 10-30 Captain’s Quarters Court.

Captain’s Quarters Motel is owned by Eastham Quarters, LLC. Mr. Marcus

Agostino is the proposed Manager.

Marcus Agostino, who is listed as Manager, was present. The Board of Selectmen discussed the need to have a successful CORI completed for each of the individuals listed on the license (i.e., Marcus Agostino and Richard Sacchetti). The Town has at this time received a CORI response for Mr. Marcus Agostino but not for Mr. Richard Sacchetti who was not present here this evening. They also requested that proper signage be prominently displayed stating that “no liquor is allowed away from the function room.”

Selectmen Schropfer made a motion to grant a conditional license to be approved upon the successful CORI response for Mr. Richard Sacchetti. Further, proper signage should be prominently displayed as discussed. Selectman Martin seconded the motion.

APPROVED CONDITIONALLY AS STATED 5-0.

7:05 p.m. Tedeschi Food Shop - Change of Manager for Lower Cape Liquors at Tedeschi Food Shop located at 2360 State Highway.

Mr. David Hayden, the proposed Manager, was present and noted that he had recently transferred to this location.

Selectman Martin made a motion to permit the change of manager to Mr. David Hayden as

presented. Selectman Collins seconded the motion. APPROVED 5-0.

7:10 p.m. Tides Landing - New Seasonal Wine and Malt Common Victualer Package Store Liquor License at Tides Landing, LLC located at addressStreet491 Campground Road. Mr. John Duble will be listed as the Owner-Manager.

Mr. John Duble was present and noted that he has been the owner of Tides Landing since December of last year. Mr. Duble said that he was not familiar at this time with state laws related to liquor licensing, but will read up on the proper rules and regulations necessary. The Selectman voiced their concerns related to whether or not this license would in fact be permitted in a “purely residential neighborhood” and raised concerns related to liquor being brought out of the store and subsequently used at the available picnic tables. They addressed the need for prominent signage that would indicate that no liquor would be allowed to be used in this manner. They also wanted to have a successful CORI for Mary Margaret Duble, who is also listed as a manager.

Selectman Schropfer made a motion to grant a conditional license to be finally approved

upon the positive CORI response of Mary Margaret Duble. Additionally, there must be a finding that this liquor license is permitted in a “purely residential neighborhood.” The Board of Selectmen also asked that verification of training and knowledge of state laws be presented to them via the Licensing Clerk, Ms. Mady McGill. Selectman Martin seconded the motion. CONDITIONALLY APPROVED 4-1. Selectman McDonald voted not to approve.

IV. APPOINTMENTS

* Cape Cod Children’s Place Grant - Kate Macaulay, Executive Director

and Kathy Fee, Bailey Boyd Associates

Ms. Fee and Ms. Macauley asked the Board of Selectmen for a letter of support to include in their applications for grants for funding for the addition of office space. This added space to the existing Children’s Place would not be used for programming. They are, however, looking into possible use of space for programming at PlaceNameplaceNauset PlaceTypeHigh School.

At this time, Selectman Martin stated that she would feel comfortable writing a letter of support

for grant applications not to exceed $100,000.

Selectman Martin made a motion to send a letter of support for the expansion to the Children’s Place as presented, with the stipulation that the placeCape Cod Children’s Place would come to them again if their requests for grants were projected to exceed $100,000. Selectman Schropfer seconded the motion. APPROVED 5-0.

* Interviews/Appointments: Alternative/Green Energy Committee

1) Interview with Joseph Bianchi

Mr. Bianchi noted that he has worked with the Town on several projects as a professional engineer and felt that his expertise would be helpful to the Town. The Selectmen were interested in his experience related to wind turbines, green energy, etc. and welcomed him.

Selectman McDonald made a motion to appoint Mr. Joseph Bianchi to the Alternative/Green Energy Committee for a two-year term to expire on June 30, 2010. Selectman Schropfer seconded the motion. APPROVED 5-0.

2) Interview with Don Andersen

Mr. Don Andersen noted that he was presently serving as an alternate on the Planning Board. He said he was very interested in options for green energy, has read the charge for the Alternative/Green Energy Committee and has spoken to Jeanette Sandblom, Chair of the Search Committee.

Selectman Schropfer made a motion to appoint Mr. Don Andersen to the Alternative/Green

Energy Committee for a three-year term to expire on June 30, 2011. Selectman Martin

seconded the motion. APPROVED 5-0.

3) Interview with George Krouch

Mr. Krouch noted that he is presently a member of the Eastham Painter’s Guild, is concerned with the environment and has a particular interest in solar energy.

Selectman Schropfer made a motion to appoint Mr. George Krouch to the Alternative/Green

Energy Committee for a term to expire on June 30, 2009. Selectman Collins seconded the

motion. APPROVED 5-0.

4) Interview with Daniel Schwebach

Mr. Schwebach said that he is on the Wastewater Committee, has construction experience, but has no particular experience in this area. Nevertheless, he is very interested in this Committee with a view toward effecting change.

Selectman Martin made a motion to appoint Mr. Daniel Schwebach to the Alternative/Green

Energy Committee for a term to expire on June 30, 2009. Selectman Schropfer seconded the

motion. APPROVED 5-0.

Ms. Aimee Eckman said that as a representative of the Search Committee she was particularly

pleased to see the interest and qualifications of the candidates interviewed this evening. She

also noted that other committees, such as the Public Access Committee of Eastham (P.A.C.E.)

and Human Services, were actively looking for volunteers to apply.

* Visitor’s Service Board - Arts Foundation & Citizen’s Bank -

Music at the Windmill 2008 Summer Concert Series

Bonnie Nuendel and Tori Fleming

Ms. Fleming and Ms. Nuendel were present to answer any questions that the Board of Selectmen

might have related to their stated request to cosponsor the aforementioned series again this year.

Selectman Martin voiced her serious concerns related to the sponsorship of Citizen’s Bank and the venue of the event (Windmill Green). Selectman Martin was concerned that this might

conflict with the policy of the Windmill Green with regard to noncommercial use and would like the Windmill Green policy reviewed.

Ms. Nuendel and Ms. Fleming both took note of the Board’s concerns related to any conspicuous

advertising and agreed to have any advertising related to Citizen’s Bank small in size and located

discreetly in the back by the gazebo. Selectman McDonald and Selectman Schropfer voiced their desire to have the concerts continue for this year.

Selectman Schropfer made a motion to approve the letter of agreement and use of the Windmill Green for the Arts Foundation & Citizen’s Bank Windmill 2008 Summer Concert Series as presented, with the understanding that any signage would be discreet, confined to the Gazebo area, and not unnecessarily commercial. Selectman McDonald seconded the motion. APPROVED 4-1 Selectman Martin not approving.

Selectman Martin asked that the Windmill Policy be revisited and further reviewed by the Board of Selectmen.

V. OTHER BUSINESS

* Mr. Fred Fenlon (Citizen) voiced his disagreement with not allowing Mr. Russell French

to continue speaking during the Public Information segment of this meeting. Selectman Burt noted that she allowed Mr. French to speak for more than five minutes. Additionally, Selectman Burt noted that the issue raised during the Public Information segment was worthy of more discussion and would be more appropriately addressed as a scheduled agenda item, thus giving the topic a forum for more discussion for all interested parties.

* Beverly Knox (Citizen) said that in recognition of our country, she would like to recommend that Selectmen begin each meeting with the Pledge of Allegiance. The Board of Selectmen agreed that this would be an excellent way to start their meetings and thanked Ms. Knox for the suggestion.

Minutes: Tuesday, September 4, 2007 - Regular Session

Selectman Schropfer made a motion to accept the Minutes of Tuesday, September 4, 2007 as

presented. The motion was seconded by Selectman Martin. APPROVED 5-0.

Minutes: Monday, December 3, 2007 - Regular Session

Selectman Martin made a motion to accept the Minutes of Monday, December 3, 2007 with

minor corrections as stated. Selectman Schropfer seconded the motion. APPROVED 5-0.

Minutes: Wednesday, December 19, 2007 - Executive Session

Selectman Schropfer made a motion to accept the Executive Session of Minutes for December

19, 2007 with corrections as noted. Selectman Martin seconded the motion.

Minutes: Monday, January 7, 2007 - Regular Session

Selectman Collins made a motion to accept the Minutes of Monday, January 7, 2008 with

corrections as noted. Selectman Schorpfer seconded the motion. APPROVED 5-0.

Minutes: Tuesday, January 8, 2008 - Work Session

Selectman Martin made a motion to accept the Minutes of Tuesday, January 8, 2008 with minor corrections as noted. Selectman Collins seconded the motion. APPROVED 3-0.

(Selectman Schropfer and Selectman McDonald were absent at that meeting)

Minutes: Tuesday January 8, 2008 - Executive Session

Selectman Martin made a motion to accept the Executive Session Minutes of Tuesday,

January 8^,2008 with minor corrections as noted. Selectman Collins seconded the motion. APPROVED 3-0. (Selectman Schropfer and Selectman McDonald were absent at that meeting)

Discussion followed related to clarification of the time for the next Board of Selectmen’s Meeting scheduled for Thursday, January 24, 2008. The meeting will take place at 2:00 p.m. and not 6:00 p.m. The Board of Selectmen will also attend the FLEX Public Hearing, which is scheduled to take place on the same date, at 4:30 p.m. at Town Hall.

All matters having been discussed, Selectman Collins made a motion to adjourn at 8:30 p.m.

Selectman McDonald seconded the motion. APPROVED 5-0.

Respectfully submitted,