EASTHAM COMMUNITY PRESERVATION COMMITTEE
Meeting: March 22, 2006
Attendance: Glenn Collins, Cheryl Gayle, Martin McDonald, Sue Horton, Elizabeth Simmons, Dianne O'Neill, David J. Skiba, Sheila Vanderhoef, Town
Administrator, and Bob Smith
The meeting was called by Glenn Collins to follow up on warrant articles and for a telephone conference with Acting Town Counsel Kathleen M. O'Donnell.
The CPC members discussed the proposed articles as redrafted by Town Counsel prior to the conference call. The members agreed that with regard to Article I, it should be specific that $300,000.00 of said CPA funds are to be utilized; that five (5) units are to be built; and that the words "raise, borrow or transfer from available funds" do not seem applicable. The CPC confirmed its intention to require a water quality result prior to disbursement and reiterated its desire for an 18 month restriction on securing of title with the water test.
With regard to Article II, CPC members identified the need to clarify the locus as Wiley Park through Cottontail Acres and the South Eastham Conservation Area.
With regard to Article IV, CPC members identified the need to include mention of the replication of the former wing to protect artifacts.
With regard to Article V, CPC members indicated a desire to state that if the funds were not spent said funds would be returned to the CPA funds.
With regard to Article VI, CPC members indicated that 2006 as well as 2007 funds should be included.
At approximately 6:00 p.m., the telephone conference with Kathleen O'Donnell, Esq. commenced with Sheila Vanderhoef in attendance. After discussion Kathleen O'Donnell indicated that it would be appropriate to condition disbursement upon verification of a clean water supply and clear record and marketable title. Discussion also included the fact that five (5) units may not be feasible and that some number less than five (5) may be necessary. Kathleen O'Donnell indicated that CPA funds could not be expended generally with a "reverter of title provision" and confirmed that the other conditions desired by the CPC should be maintained in a fashion such as to be administered by the Board of Selectmen. With regard to the 18 month target date Kathleen indicated that if the Town did not proceed in
a timely fashion, the CPC could recommend a recission of the vote. Discussion also included an acknowledgement that it would not be inappropriate to indicate the Board of Selectmen and the Community Preservation Committee as the sponsoring parties of the Article.
With regard to Article II, now shown as Article 19, Kathleen O'Donnell (Counsel) will revise to include the language ""Wiley Park through Cottontail Acres".
With regard to Article IV, now shown as Article 21, Counsel indicated it would be appropriate to include additional language as follows: "to protect artifacts".
With regard to Article V, now shown as Article 22, Counsel indicated that it would be satisfactory to add language "that the funds would revert to CPA if not expended".
With regard to Article VI, now shown as Article 23, there was considerable discussion about how to reserve expenditure for later in this year and whether the Article should address 2006 and/or 2007 Fiscal Year funds. Counsel also understood that the CPC wants to have language within the Article or an additional Article to assure that the 10/10/10 (housing/open space/historical preservation) are covered if an Article defaults or if said percentages are not met adequately. Counsel will consult with DOR experts on the issue and respond with an appropriate Article. Said discussion also will include the ability to expend or set over the estimated $145,000.00 balance of 2006 funds.
After the telephone conference, in discussion with Sheila, the CPC members indicated by motion of Sue Horton with a second by Cheryl Gayle and unanimous support of attending members that the Article on the gas station conversion shall read "three (3) to five (5) single bedroom units".
The discussion resulted also in a consensus that the CPC would hand out brochures at Town Meeting to explain the Articles.
The next meeting for the CPC will be March 29, 2006, at 5:30 p.m.
Sheila will consult with DOR about the questions raised with Counsel and the potential need for an additional warrant article to address future expenditures.
Cheryl reported having attended the Cape Cod Commission hearing on March 21, 2006.
Cheryl moved and Sue seconded a motion of approval of the February 28th and March 16th minutes. All members voted in favor of the motion.
The meeting was adjourned.
Respectfully submitted,
David J. Skiba
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