AGENDA
BOARD OF SELECTMEN
MONDAY, JANUARY 7, 2013
6:30 p.m. - Convene Meeting – Conference Room 1 – Mashpee Town Hall
PLEDGE OF ALLEGIANCE
MOMENT OF SILENCE
MINUTES
Approval of the following:
Monday, December 17, 2012 Regular Session
APPOINTMENTS & HEARINGS
6:30 Public Comment
Representative David Vieira – Legislative Update
6:40 Andrew Gottlieb – MW Pond Committee
6:50 Triathlon Discussion
7:00 Mashpee Taxi/Ann Leigh – Change of Location
COMMUNICATIONS & CORRESPONDENCE
OLD BUSINESS
NEW BUSINESS
- Recommendation for Appointment – Hearings Officer
- Ticketing Policy – Fire Building Code Endorsement
- Request to Fill Vacancy – COA Van Bus Driver
- Superintendent Search Committee Designee
MMR ISSUES
LIAISON REPORTS
EXECUTIVE SESSION
- Contract Negotiation Strategies
Board of Selectmen
Minutes
January 7, 2013
Present: Selectman Richardson, Selectman Sherman, Selectman Taylor,
Selectman Cahalane, Selectman O’Hara
Town Manager Joyce Mason
Assistant Town Manager Tom Mayo
Meeting Called to Order by Chairman Richardson at 6:30 p.m.
Town Hall, Conference Room #1
MINUTES:
Monday, December 17, 2012:
Motion made by Selectman Cahalane to approve the Regular Session minutes of Monday, December 17, 2012 as presented.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Richardson, yes Selectman Sherman, yes
Selectman Taylor, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
APPOINTMENTS & HEARINGS:
Public Comment:
Scott McGee, Vice-Chair of the School Committee updated the Board on the Superintendent of Schools search process. On Wednesday of this week, the composition of the committee should be determined, and the consultant hired to assist with the selection process is expected to formulate the schedule thereafter. Interviews for candidates will be conducted in open session in February, and it is anticipated the new School Superintendent would commence work on July 1st.
APPOINTMENTS & HEARINGS:
Public Comment:
Representative David Vieira – Legislative Update:
Mashpee’s State Representative David Vieira was before the Board to update the Selectmen on legislative activities and to comment on the proposed Governor’s budget. Currently, nine reductions are proposed in the executive branch. However, it was determined in the last session that local aid including Chapter 70 funds would not be reduced. It was noted the Governor in his new budget proposal is predicted to support major new spending on transportation and education.
Representative Vieira stated that he is expected to co-sponsor a resolution that would request the state to set a minimum amount of local aid across the board for all communities in the Commonwealth.
With regards to erosion of South Cape Beach, Representative Vieira indicated he is working towards a solution and is proposing the DEP perform a site visit to consider all aspects of the project which was originally proposed by the town in 2009. It is hopeful the state department would react and review the parking lot as a public asset in conjunction with the protection the estuary as a valuable water resource.
When discussing Mashpee’s HOME Rule petition relative to the Mills property (a CPA project which would convey an interest in the parcel to the Town of Barnstable) Representative Vieira explained the request for special legislation was given to an aide working in the office of Randy Hunt, and it has since become an oversight. For the legislature to consider the petition there is a one-year time frame and, it may be necessary to re-submit the town meeting article for the inter-municipal transfer this May. Upon receiving an updated vote of town meeting, the certified copy would be submitted to the legislative body for approval, hopefully in this session.
In other matters, it was noted the utility infrastructure project consisting of solar arrays in now able to advance forward to construction.
It was disclosed that last term, the House Speaker made the commitment as revenue increases to not put any new taxes forward. This term there has been no commitment to not put a tax forward. Representative Vieira informed the Board there has been discussions that transportation issues must include equity across the Commonwealth, and not just solely in support of the MBTA in Boston.
Also, the matter of school safety has been an issue of concern as a result of the recent tragedy.It is projected that School Building Assistance funding would support school safety funding for smaller construction projects.
It was reported that language is being finalized to allow the Town of Mashpee to file legislation to create a sewer district under the Mashpee Water District. The vote of town meeting was taken in May of 2012, and it is hopeful to be submitted within the one-year time frame to allow for legislative action. Representative Vieira advised to hold a slot for the article on the warrant for this May.
The medical marijuana law was briefly discussed. The Board at their December meeting voted to advocate for the postponement of the new law to allow for sufficient time to implement and address the mandates, and to adopt local standards and bylaws. Representative Vieira indicated that although the Department of Public Health regulations are not in place, the deferral would most likely not occur.
It was announced the Governor’s version of the budget will be disclosed on January 23rd and the legislative budget session begins in early April.
It was agreed if it is within Representative Vieira’s schedule that he meet with the full Board of Selectmen before and after the legislative budget session.
Of particular importance to the Town of Mashpee is gaining assistance for South Cape Beach and the unfunded mandates which would be further identified for additional review.
APPOINTMENTS & HEARINGS:
Andrew Gottlieb – MW Pond Committee:
Andrew Gottlieb was in attendance with Mashpee Wakeby Pond Committee members Barbara Nichols and Debi McManus to open the line of communication with the Board of Selectmen and to review priorities set by the committee for fiscal year 2013.
To avoid disruption at the lake Mr. Gottlieb recommended increasing the enforcement of the rules and regulations on the pond, especially on the weekends at the Town landing. This is an issue the two towns will have to address and coordinate. The noise of boats lacking under-water mufflers is extremely loud and disruptive to the residents and other users of Mashpee Wakeby. At the Town landing it is also recommended the parking limits be enforced and a ticketing policy be considered.
The Mashpee Wakeby Pond Committee intends on working with the Conservation Commission to review the sediment from the Mashpee River channel between the fish ladder outlet and Mill Pond. It is suggested the sediment be cleaned by hand or via dredging. With regards to this concern, the Board of Selectmen determined it would be appropriate to discuss this matter with the Waterways Commission for possible funding.
Mr. Gottlieb indicated there is also an issue with a non-native species weed and a type of mollusk in the pond which may be caused by boats not being washed properly. To eliminate the presence of unwanted species, it is recommended that a wash station be created at a public site within the Route 130 area. In addition to the wash station, the Mashpee Wakeby Pond Committee has recommended the homeowners be educated on the control and management of invasive species.
APPOINTMENTS & HEARINGS:
Triathlon Discussion:
Bill Burnett, Managing Director of Streamline Events, LLC was in attendance to discuss plans to organize a Hero Triathlon in Mashpee at John’s Pond on Sunday, September 8, 2013.
The triathlon planned after Labor Day weekend would bring expanded exposure and tourism to the Mashpee community. It will also support the Mashpee Recreational Department and the Massachusetts Women Veteran’s Initiative. It was noted the MMR is supporting the bike portion of the triathlon.
The Olympic distance race is comprised of a .9 mile swim, a 25 mile bike and a 6.2 mile run. The entire John’s Pond parking lot and surrounding grassy area would be used for the transition area for bikes, sponsor tents and the finish line. The race will need full and complete access to the lot from 3:00 p.m. on Saturday, September 7, 2013 until 1:00 p.m. Sunday, September 8, 2013. Offsite parking will be available at the Barnstable County Fairgrounds and a shuttle bus will be provided for spectators.
Dwight Pfundstein and Kathleen Thomas of Angelo’s Way, Mashpee triathlete participants voiced support for the professional and safe event. Mr. Pfundstein indicated that he and his wife have participated in other successful events run by the Streamline Events organization.
Motion made by Selectman Taylor to approve the Hero Triathlon in Mashpee as referenced pending all final plans are in place with applicable agencies including the Town of Mashpee and MMR.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Richardson, yes Selectman Sherman, yes
Selectman Taylor, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
APPOINTMENTS & HEARINGS:
Mashpee Taxi/Denise Leigh – Change of Location:
Denise Leigh met with the Board of Selectmen to request a change of address for her Taxi License from 3 Melissa Avenue, Mashpee to 55 Riverside Drive, Unit 1, Mashpee. Ms. Leigh also informed the Board the meter is expected to be installed on Wednesday, and would be inspected thereafter. The rate comparable to the Town of Falmouth is $26 per hour.
Being no comment, the Board motioned to support the new taxi license in the Town of Mashpee.
Motion made by Selectman Cahalane to approve the Change of Address for the Taxi License of Denise Ann Leigh to 55 Riverside Drive Unit 1, Mashpee, and include in the regulations, the meter rate of $26 per hour.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Richardson, yes Selectman Sherman, yes
Selectman Taylor, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
COMMUNICATIONS & CORRESPONDENCE:
Email Communication:
In an email submitted to the Board of Selectmen the question was asked if the town would be attending the forum on aide for Hurricane Sandy. In response it was noted that Town Counsel would be representing the Town of Mashpee in Harwich this Tuesday on the informational session conducted by the MA Emergency Management Agency for local governments impacted by Hurricane Sandy.
MMA Conference:
The annual Massachusetts Municipal Association trade show will be held in Bostonat the Hynes Convention Center on January 25th and 26th this year. Several members of the Board including the Town Manager and Assistant Town Manager will be attending the annual conference and trade show on behalf of the Town of Mashpee.
NEW BUSINESS:
Recommendation for Appointment – Hearings Officer:
Ticketing Policy – Fire and Building Code Enforcement:
Fire Chief George Baker was before the Board to recommend that Tom Mayo, the Assistant Town Manager be appointed as Hearings Officer for the Town of Mashpee. Chief Baker explained that in order to participate in the citation process, cities and towns must appoint a certified hearings officer.
The Town of Mashpee recently hosted a municipal hearings officer training session. Mr. Mayo attended, is fully trained and is therefore eligible for this designation. It was noted the duties of this function are designated within the Assistant Town Manager position.
Chief Baker discussed the need to provide code enforcement in the matter of safety and as a tool to communicate violations of the Massachusetts Fire Code and Massachusetts Building Code. In conjunction with this discussion, Chief Baker also requested the Selectmen consider a ticketing policy. It is recommended a fee of $100 be charged for the 1st offence, a fee of $200 for the 2nd offense and a fee of $500 for the third offense. The levels of violation and actions were outlined in the Fire and Building Department Non-Criminal Citation Program contained in the Selectmen’s informational package.
Motion made by Selectman Taylor to adopt the Fire and Building Department Ticketing Policy, and appoint Tom Mayo as the Municipal Hearings Officer as referenced.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Richardson, yes Selectman Sherman, yes
Selectman Taylor, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
NEW BUSINESS:
Request to Fill Vacancy – Substitute COA Van Bus Driver:
Joyce Mason, Town Manager requested the Board approve the Position Vacancy Request for a Substitute Council on Aging Van Bus Driver, non-standard part-time position, on-call on varied hours.
Motion made by Selectman Cahalane to approve the Position Vacancy Request for Substitute Council on Aging Van Bus Driver.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Richardson, yes Selectman Sherman, yes
Selectman Taylor, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Superintendent Search Committee Designee:
Motion made by Selectman Taylor to appoint Joyce Mason, Town Manager as the Board of Selectmen’s designee to the Superintendent of Schools Search Committee.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Richardson, yes Selectman Sherman, yes
Selectman Taylor, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
LIAISION REPORTS:
Recreation: Mashpee will be hosting a Triathlon in September. It was reported that meetings are being held to bring the event to its fruition.
Mashpee Chamber of Commerce: Several new businesses will be opening this month in the Town of Mashpee. This includes The Lanes Bowling & Bistro situated in Mashpee Commons and the new Mashpee Fitness Center located in the Industrial Park.
Mashpee Chamber of Commerce: The monthly business after hours gathering will be held at the Kung Fu center on Thursday. Awards will be given to the Christmas parade winners.
EDIC: The EDIC will conduct its regular meeting on Monday. Two individuals are interested in serving on the EDIC Board. It was noted that one member gained interest after attending the volunteer workshop at the Mashpee Library.
The Mashpee Fitness Center is seeking employees to assist with the operation of the new building anticipated to be open in two weeks. Membership is available to those who are interested in fitness and training. The facility boosts an indoor heated pool and an indoor walking track.
WWC: The Waterways Commission has increased their membership as a result of a candidate attending the volunteerism workshop session.
Schools: Selectman Richardson and Selectman Sherman are assisting two Mashpee high school students with their senior projects on government and politics.
Affordable Housing: The grant application to the MA Housing Partnership has been submitted to hopefully fund a feasibility study at 209 Old Barnstable Road.
Volunteerism: The Mashpee Enterprise recently interviewed Selectman Taylor on volunteerism in the Town of Mashpee. The Recreation Department is in-line for the upcoming article in a series of articles to promote volunteerism.
Adjournment:
Motion made by Selectman Taylor to adjourn at 7:49 p.m. The Board will enter into Executive Session at this time for the purpose of discussing contract negotiation strategies regarding solid waste and union contract negotiations. The Board will not reconvene in Open Session.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Richardson, yes Selectman Sherman, yes
Selectman Taylor, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
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