AGENDA
BOARD OF SELECTMEN
MONDAY, JUNE 15, 2015
6:30 p.m. – Convene Meeting – Waquoit Meeting Room – Mashpee Town Hall
PLEDGE OF ALLEGIANCE
MOMENT OF SILENCE
MINUTES
Approval of the following:
Tuesday, May 26, 2015 – Regular Session – Vote Required
Tuesday, May 27, 2015 – Regular Session – Vote Required
Monday, June 1, 2015 – Regular Session and Executive Session – Vote Required
APPOINTMENTS & HEARINGS
6:30 Public Comment
6:40 Massachusetts Aquaculture Association Presentation to the Town:
Aquaculture Stewardship Award
7:20 Public Hearing: Private to Public Road Conversion of Annawon Road, Canonchet Avenue, Crow Road, Huron Avenue, Metacom Road, Mohawk Road, Oneida Avenue, Seneca Avenue, Wamsutta Road, Wessagusset Avenue
COMMUNICATIONS & CORRESPONDENCE
OLD BUSINESS
1) Annual Reappointments
2) Discussion Regarding Land Disposition – Dates for Public Forums
NEW BUSINESS
1) Two Requests for One-Day Liquor License/Chamber of Commerce – Vote Required
2) Approval of Special Events Application/Wedding at Community Park – Vote Required
3) Three End-of-Year Transfers – Vote Required
4) Acceptance of Resignation from Special Events Committee/Benjamin Tobins – Vote
Required
5) Acceptance of Resignation from Recycling Committee/Charles Gasior – Vote
Required
6) Recommendation for Appointment to South Cape Beach State Park Advisory
Council/Robert Palmer and Joseph Behnenberger – Vote Required
7) Appointment of Two Members to the Cultural Council/Dawn Thayer and Susan Clark –
Vote Required
8) Authorization to Apply for EPA Grant – Vote Required
9) Approval of Contract Terms – Town Manager – Vote Required
ADDITIONAL TOPICS
(This space is reserved for topics that the Chairman did not reasonably anticipate would be discussed.)
LIAISON REPORTS
EXECUTIVE SESSION
- Contract Negotiations – Town Manager
Board of Selectmen
Minutes
June 16, 2015
Present: Selectman Cahalane, Selectman Sherman, Selectman Gottlieb,
Selectman O’Hara, Selectman Cotton
Town Manager Joyce Mason
Assistant Town Manager Tom Mayo
Meeting Called to Order by Chairman Cahalane at 6:30 p.m. Mashpee Town Hall, Waquoit Meeting Room
MINUTES:
Tuesday, May 26, 2015 – Regular Session:
Motion made by Selectman Sherman to approve the Regular Session minutes of Tuesday, May 26, 2015 as presented.
Motion seconded by Selectman Gottlieb.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman Sherman, yes
Selectman Gottlieb, yes Selectman O’Hara, yes
Selectman Cotton, yes Opposed, none
Tuesday, May 27, 2015 – Regular Session:
Motion made by Selectman Sherman to approve the Regular Session minutes of Tuesday, May 27, 2015 as presented.
Motion seconded by Selectman Gottlieb.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman Sherman, yes
Selectman Gottlieb, yes Selectman O’Hara, yes
Selectman Cotton, yes Opposed, none
Board of Selectmen
Minutes
June 16, 2015
MINUTES:
Monday, June 1, 2015 – Regular Session and Executive Session:
Motion made by Selectman Sherman to approve the Regular and Executive Session minutes of Monday, June 1, 2015 as presented.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman Sherman, yes
Selectman Gottlieb, yes Selectman O’Hara, yes
Selectman Cotton, yes Opposed, none
APPOINTMENTS & HEARINGS:
Public Comment: None at this time.
Massachusetts Aquaculture Association Presentation to the Town: Aquaculture Stewardship Award:
Chris Sherman was in attendance on behalf of the Massachusetts Aquaculture Association to present a new shellfish industry honor recognizing the Town of Mashpee with the first annual Aquaculture Stewardship Award. Mr. Sherman acknowledged Joyce Mason, the Town Manager and Richard York, Mashpee’s Shellfish Constable for contributions in support of permitting for local shell fishermen. The Massachusetts Aquaculture Association promotes the continued development of fish farming and improved conditions effecting aquaculture in Massachusetts.
COMMUNICATIONS & CORRESPONDENCE:
It was noted the Board of Selectmen received criticism from Ron Beatty with regards to a potential Open Meeting Law violation on March 23, 2015. As a result, the Attorney General’s Office conducted an assessment, and it was disclosed the Town of Mashpee did in fact comply with the Open Meeting Law. The analysis conducted by the State resulted in a commendation from the Attorney General’s Office to the Town of Mashpee as all of the requested information was readily made available, and communicated on the Town’s official website.
With regards to a comment made at the last meeting regarding South Cape Beach and the matter of handicap accessibility, it was announced the Town of Mashpee has authorized the purchase of a portable boardwalk/mat to provide a level surface for handicap persons and devices. And further, the large boulders impeding the entrance have been removed.
Board of Selectmen
Minutes
June 16, 2015
COMMUNICATIONS & CORRESPONDENCE:
In other business, it was announced that Governor Charlie Baker has approved the updated regional Section 208 Water Quality Management Plan for Barnstable County. With approval from the EPA, it is anticipated the County would receive funding over the next four years to provide a county-based water clean-up effort, which would include water monitoring programs. The Plan supports less expensive alternative wastewater technologies and would provide lower cost options and financial incentives to reduce the overall costs in a cooperative approach.
OLD BUSINESS:
Annual Reappointments:
The Board of Selectmen reviewed the Annual Reappointment List for 2015 as updated on June 10, 2015. Additional communication was received from the Town Manager dated June 8, 2015 relative to the reappointment of William Blaisdell to the Zoning Board of Appeals. As noted, Mr. Blaisdell has served the Town of Mashpee without incident for the past nine years. In response to a recent occurrence, Mr. Blaisdell remitted a letter to the Board of Selectmen explaining his position. The Board of Selectmen and Town Manager indicated they were satisfied with the explanation. Mr. Blaisdell’s response letter will remain as public record as will the meeting minutes. With respect to this matter, it was reported that Town Counsel will be conducting a Conflict of Interest Training Session in the near
future.
With regards to the Annual Reappointment List, it was agreed that Selectman Gottlieb would replace Selectman Cahalane on the Environmental Oversight Committee.
Motion made by Selectman Gottlieb to approve the Annual Reappointment List for 2015 as amended.
Motion seconded by Selectman Cotton.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman Sherman, yes
Selectman Gottlieb, yes Selectman O’Hara, yes
Selectman Cotton, yes Opposed, none
Board of Selectmen
Minutes
June 16, 2015
Discussion Regarding Land Disposition – Dates for Public Forums:
Earlier this year, a Master List of Mashpee Tax Taking lands was compiled for all land disposition properties and categorized for potential uses and ease of review. The color-coded classifications by map include the listings for Affordable Housing, Conservation properties, Wastewater sites, Parks, properties to be listed for Sale, and Reserve properties.
To promote public awareness and to solicit comment, the Board of Selectmen agreed to schedule several meetings in mid-July to the end of August to ultimately bring forth an article for the October Town Meeting to consider the usages of the referenced properties. In addition to holding meetings at the Mashpee Town Hall, discussions would be held at the Mashpee Library,. The information would also be posted at the Mashpee Town Hall and on the Town’s website.
NEW BUSINESS:
Two Requests for One-Day Liquor License/Chamber of Commerce:
Mary Lou Palumbo, Mashpee Chamber of Commerce met with the Board of Selectmen to request approval for two One-Day Liquor Licenses for Chamber events. On July 11, 2015 an old fashioned clambake is planned to be held at the Mashpee Commons Green across from the Library from 5:30 p.m. to 8:30 p.m. An all alcohol license is requested to serve beer, wine, and frozen margaritas during the referenced time of the event.
The second one-day liquor license event is planned for the 8th annual LaTavola, a five-course meal scheduled to be held on Saturday, August 8, 2015 from 5:30 p.m. to 8:30 p.m. also at the Mashpee Commons Green, a new location for this event. A beer and wine license is requested for this function.
All applicable regulatory agencies have signed off on the license applications. A liquor license certificate of liability has been obtained from the Mashpee Chamber for both events. Tickets are now on sale.
Motion made by Selectman Sherman to approve the request of the Mashpee Chamber of Commerce for (2) One-Day Liquor Licenses on July 11, 2015 and on August 8, 2015 as referenced.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman Sherman, yes
Selectman Gottlieb, yes Selectman O’Hara, yes
Selectman Cotton, yes Opposed, none
Board of Selectmen
Minutes
June 16, 2015
Approval of Special Events Application/Wedding at Community Park:
A Small Event Application was before the Board for a wedding planned to be held on July 6, 2015 from 1:00 p.m. to 2:00 p.m. at the Community Park for less than twenty persons. There are no activities planned at the park during this time. This is the first wedding request at the new Mashpee Community Park. It was noted that all Rules & Regulations pertaining to the use of the Community Park would apply to this event.
Motion made by Selectman Sherman to approve the Small Event Application received from Elizabeth Pike to hold a wedding at the Community Park on July 6, 2015 as presented.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman Sherman, yes
Selectman Gottlieb, yes Selectman O’Hara, yes
Selectman Cotton, yes Opposed, none
Three End-of-Year Transfers:
Three year-end transfers were presented to the Selectmen for approval. With the agreement of the Finance Committee, the Selectmen may transfer any departmental appropriation to another appropriation within the same department during May, June and the first fifteen days of July. The sum may not be greater than $5,000.
#1: To transfer $4,800 from the Town Medical Insurance Expense Account to the Building Inspector F/T Salary Account. The adjustment was required when the new Building Inspector was hired – Date of requested transfer: 5-22-15.
#2: To transfer $500 from the Town Medical Insurance Expense Account to the LIUNA Retirement Expense Account – Date of requested transfer: 5-28-15.
#3 To transfer from the Town Medical Insurance Expense Account to the Fire Retroactive Pay Expense Account – Date of requested transfer: 5-22-15. An unanticipated expenditure due to a firefighter placed on leave.
Motion made by Selectman O’Hara to approve the above (3) referenced Year-End Transfers.
Motion seconded by Selectman Gottlieb.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman Sherman, yes
Selectman Gottlieb, yes Selectman O’Hara, yes
Selectman Cotton, yes Opposed, none
Board of Selectmen
Minutes
June 16, 2015
NEW BUSINESS:
Acceptance of Resignation from Special Events Committee/Benjamin Tobins:
Correspondence was received from Benjamin Tobins dated May 27, 2015 resigning from the Special Events Committee.
Motion made by Selectman Gottlieb to accept the letter of resignation from Benjamin Tobins from the Special Events Committee with regret sending a letter of appreciation to Mr. Tobins for his dedicated service to the Town of Mashpee.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman Sherman, yes
Selectman Gottlieb, yes Selectman O’Hara, yes
Selectman Cotton, yes Opposed, none
Acceptance of Resignation from Recycling Committee/Charles Gasior:
The Board of Selectmen was in receipt of a letter of resignation from Charles Gasior dated June 1, 2015 resigning from the Mashpee Recycling Committee effective July 1, 2015.
Motion made by Selectman Gottlieb to accept the resignation of Charles Gasior from the Recycling Committee with regret and appreciation for his dedicated service over the years.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman Sherman, yes
Selectman Gottlieb, yes Selectman O’Hara, yes
Selectman Cotton, yes Opposed, none
Board of Selectmen
Minutes
June 16, 2015
NEW BUSINESS:
Recommendation for Appointment to South Cape Beach State Park Advisory
Council/Robert Palmer and Joseph Behnenberger:
The South Cape Beach State Park Advisory Committee voted at their June 2, 2015 meeting to recommend the appointment of Joseph Bohnenberger and Robert Palmer as voting members.
Motion made by Selectman Gottlieb to appoint Joseph Bohnenberger and Robert Palmer to the South Cape Beach State Park Advisory Committee as recommended.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman Sherman, yes
Selectman Gottlieb, yes Selectman O’Hara, yes
Selectman Cotton, yes Opposed, none
Appointment of Two Members to the Cultural Council/Dawn Thayer and Susan Clark:
Dawn Thayer, the Town Accountant was recommended for appointment to the Cultural Council to fill the vacancy created by the retirement of the Town Manager. A letter of interest was received from Susan Clark dated June 10, 2015 expressing interest to serve on this committee.
Motion made by Selectman Cotton to appoint Dawn Thayer and Susan Clark to the Cultural Council.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman Sherman, yes
Selectman Gottlieb, yes Selectman O’Hara, yes
Selectman Cotton, yes Opposed, none
Board of Selectmen
Minutes
June 16, 2015
NEW BUSINESS:
Authorization to Apply for EPA Grant:
Correspondence was received from the Environmental Protection Agency (EPA) dated June 1, 2015 relative to its Southern New England Program (SNEP) to partner with the United States Geological Survey (USGS) and the Cape Cod Commission (CCC) to assist with nitrogen management.
As part of the SNEP, the EPA would supply funding to help identify suitable locations for Permeable Reactive Barriers (PRB) as pilot technologies for reducing the concentration of nitrogen compounds in groundwater. The program will help to identify suitable locations for PRB nitrogen removal pilots, fully characterize one or more sites to support PRB design and provide an example of the type of site characterization work necessary for a successful PRB installation.
Interested municipalities are invited to propose sites for this project no later than July 1, 2015.
Several publicly owned sites within eligible watersheds are currently under review. No matching funds are required for the federal grant.
Motion made by Selectman O’Hara to authorize the Town of Mashpee to apply for EPA Grant funding as referenced and providing the EPA and its contractor access for site visits.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman Sherman, yes
Selectman Gottlieb, yes Selectman O’Hara, yes
Selectman Cotton, yes Opposed, none
Approval of Contract Terms – Town Manager:
It was agreed the Board would defer the above referenced agenda topic to discuss this matter formally in Executive Session.
Board of Selectmen
Minutes
June 16, 2015
Adjournment:
Motion made by Selectman Gottlieb to adjourn at 6:53 p.m. The Board will enter into Executive Session at this time for the purpose of discussing contract negotiations for Town Manager. The Board will return into Executive Session at approximately 7:20 p.m.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman Sherman, yes
Selectman Gottlieb, yes Selectman O’Hara, yes
Selectman Cotton, yes Opposed, none
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
Board of Selectmen
Minutes
June 16, 2015
Meeting reconvened: 7:13 p.m.
NEW BUSINESS:
Approval of Contract Terms – Town Manager:
Motion made by Selectman O’Hara to approve the Town Manager contract with Rodney Collins as presented.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman Sherman, yes
Selectman Gottlieb, yes Selectman O’Hara, yes
Selectman Cotton, yes Opposed, none
APPOINTMENTS & HEARINGS:
Public Hearing: Private to Public Road Conversion of Annawon Road, Canonchet
Avenue, Crow Road, Huron Avenue, Metacom Road, Mohawk Road, Oneida Avenue, Seneca
Avenue, Wamsutta Road, Wessagusset Avenue:
The Board of Selectmen opened the Public Hearing on the private to public road conversion of
the following roads; Annawon Road, Canonchet Avenue, Crow Road, Huron Avenue, Metacom
Road, Mohawk Road, Oneida Avenue, Seneca Avenue, Wamsutta Road, Wessagusset Avenue as
shown on taking plans dated January 15, 2015 and prepared by Baxter NYE Engineering &
Surveying.
The Hearing notice was read aloud into the record in accordance with posting requirements. All
Abutters have been notified of the subject Hearing. The total cost is $999,888.75. The
maximum cost to be borne by each of the 75 property owners is $13,331.85. A copy of the
construction cost breakdown was presented by the Director of Public Works, Catherine Laurent.
The Board of Selectmen opened hearing to solicit comment.
Board of Selectmen
Minutes
June 16, 2015
APPOINTMENTS & HEARINGS:
Public Hearing: Private to Public Road Conversion of Annawon Road, Canonchet
Avenue, Crow Road, Huron Avenue, Metacom Road, Mohawk Road, Oneida Avenue, Seneca
Avenue, Wamsutta Road, Wessagusset Avenue: (continued)
Diane Ward of 40 Canonchet Road indicated that she owns house with two other people and they
did not receive anything in the mail regarding a vote that would be taken to change the roads
from private to public. Ms. Ward stated the Town bylaw requires a petition to conduct a road
taking. In response, Joyce Mason, the Town Manager stated the bylaw requires a petition, and
also grants the Board of Selectmen the authority to authorize a road taking in the
matter of public safety if the road is in poor condition. In the matter of public safety, it was
disclosed the Board of Selectmen initiated this petition for safety purposes. The roads are
deemed problematic in this area. This is the first process which allows the Town to determine
the actual costs associated to the road takings. At this meeting, the Board of Selectmen will
decide if the roads should be converted from private to public. Thereafter, the matter would go
before the voters at the October Town Meeting for final approval. The hearing on this date
allows the residents a voice and at Town Meeting it also offers the residents an opportunity to
speak on this matter. If Town Meeting votes to accept the road takings, the betterment would
take effect.
One resident stated that she feels the cost is too much, and does not want the road to go public.
Meredith Chadwick, 26 Canonchet Avenue stated that she has a problem with the budget
estimation of $20,000 for miscellaneous items. It was noted this is the maximum allowable cost.
The DPW Director also indicated the miscellaneous cost estimate includes a guard rail on
Canonchet near the pond area if it is so determined necessary. It was disclosed that if there is no
presumed expenditure under miscellaneous, the funds would not be expended. Ms. Chadwick
stated that she wants an itemization of the anticipated miscellaneous costs.
Ms. Chadwick stated that in this neighborhood, everyone is retired and cannot afford this cost.
She added that people would leave Mashpee because they cannot afford to live here anymore.
An area resident voiced concern with respect to the estimated prices for the conversion in addition to the overall bid process. Sidetracking from this matter, it was noted there are drug related problems in neighborhood. It was noted this resident requested to be placed on the no snow plow list, as it’s the only time he gets peace and quiet in the neighborhood. It was also stated the road could be paved privately for far less money.
Board of Selectmen
Minutes
June 16, 2015
APPOINTMENTS & HEARINGS:
Public Hearing: Private to Public Road Conversion of Annawon Road, Canonchet
Avenue, Crow Road, Huron Avenue, Metacom Road, Mohawk Road, Oneida Avenue, Seneca
Avenue, Wamsutta Road, Wessagusset Avenue: (continued)
An Annawon Road resident asked about the proposed the timetable for the conversion. The Director of Public Works stated that assuming the project moves forward to October Town Meeting, the worst roads would be identified, and the Town would make some improvements
this fall. However, most of the work would be done in the spring. Responding to a question regarding road widening, Ms. Laurent indicated the Town is proposing to obtain a width of approximately 20’. It was stated the betterment is a maximum fee to be spread over a 20 year period. The 5% interest fee would decrease as payments are made. It is also possible for a resident to pay the betterment in full if it is so desired.
A resident of Metacom Road stated that his road is not worth the assessment. An owner of two lots indicated he is subject to two betterments.
An attorney from Falmouth representing a client residing on 16 Metacom Road presented a photograph of a cleared area between two houses. It was stated the path is the only frontage his client has on the property. It was explained in looking at the map, it appears the area is referenced as a paper-street. It was noted the deed states the owner has recreational access to the water. If he cannot use the property, it would affect his rights.
A resident asked for a copy of the petition, letters from residents or person from public safety who has recommended the road conversion. The Town Manager responded by stating the statute allows the Board of Selectmen to make recommendations to the legislative body Town Meeting in the best interest of public safety. The Mashpee Fire Department has had some difficulties in this area with respect to response for public safety. It was disclosed there is no residential petition. As a reminder, the Board of Selectmen indicated that two public hearings were held regarding this matter. The first hearing was held at the Senior Center several years ago. It was held in the same process, at the end of the meeting the Board of Selectmen determined the matter would not be brought forth to Town
Meeting. A second Public Hearing with respect to this regard was held at the Mashpee Town Hall approximately two years.
Area resident, Mr. Cook, agreed this is the third meeting. It began with a $2500 estimate at one time when all the roads were on the list. Two years ago the betterment estimate increased to $7000, now it is $13,000. Mr. Cook suggested the Town come back with a better price and possibly review the other roads as well.
Margie Phillips a resident of Huron Avenue asked about the drainage, and if the problem lies with drainage, why is the Town paving all of the roads.
Board of Selectmen
Minutes
June 16, 2015
APPOINTMENTS & HEARINGS:
Public Hearing: Private to Public Road Conversion of Annawon Road, Canonchet
Avenue, Crow Road, Huron Avenue, Metacom Road, Mohawk Road, Oneida Avenue, Seneca
Avenue, Wamsutta Road, Wessagusset Avenue: (continued)
Tara Andrade of Huron stated that her house has a large drainage problem. Vehicles and motorcycles drive right through her property to alleviate going through the puddle located in front of her home. Ms. Andrade stated the bottom line is that everybody has the responsibility to pay for the roads.
A resident suggested the Town negotiate a lower percentage rate, because mortgage rates are much lower than 5%. Another resident inquired about sewerage costs in the future.
Cathleen Pinoura 22 Seneca Ave stated that her road is fine and asked as to why she would have to pay for everyone else’s street.
Doug Semple, 43 Seconic Drive, noted that his driveway lies on Sagamore. However, he understands this is a public safety issue. Mr. Semple stated that it is really our issue, and the way we want to live and it is our decision. Mr. Semple noted that having heard the DPW Director, the next phase is going to us. It is going from the Board of Selectmen to Town Meeting who will ultimately vote in the process. Minority people need to be protected. Mr. Semple suggested the Board of Selectmen communicate with the people to ask them if they want to go from private to public.
The Board of Selectmen consulted the Fire Chief with respect to public safety. Chief Rullo indicated there are varying degrees of safety. However, the Fire Department is charged to get to the person who called 911 and in the Town of Mashpee will do our best to get to you.
Doug Semple indicated if the road were made public there would be a serious problem with traffic. He recommended the Board keep the project on the shelf.
The Chairman of the Board of Selectmen recommended taking this matter under advisement at this time to revisit this matter. The Board of Selectmen agreed to make a determination at the next Selectmen’s Meeting.
Board of Selectmen
Minutes
June 16, 2015
Adjournment:
Motion made by Selectman Sherman to adjourn at 8:17 p.m.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman Sherman, yes
Selectman Gottlieb, yes Selectman O’Hara, yes
Selectman Cotton, yes Opposed, none
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
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