AGENDA
BOARD OF SELECTMEN
MONDAY, OCTOBER 7, 2013
6:30 p.m. - Convene Meeting – Waquoit Meeting Room – Mashpee Town Hall
PLEDGE OF ALLEGIANCE
MOMENT OF SILENCE
MINUTES
September 23, 2013 – Regular Session Meeting Minutes
APPOINTMENTS & HEARINGS
6:30 Public Comment
Shellfish Constable of the Year Award Presentation
6:40 Public Hearing - Closing of Shellfish Area
COMMUNICATIONS & CORRESPONDENCE
- Review and Approval of 6-Month Board of Selectmen Meeting Schedule
OLD BUSINESS
NEW BUSINESS
- Recommendation of Full Membership from Associate – ZBA
- Recommendation for Constable to Serve Process for Tribal Council
- Recommendation for Appointment- Tribal Representative to Historic District Commission
- Ratification and Certification for 4 Entry-Level Police Officer Positions
- Position Vacancy Request – DPW/Maintainer 1
- Boys & Girls Club – Special Events Application Approval Request
- Proclamation – Freedom from Workplace Bullies Week
- Discussion Relative to NSTAR 2013 Resolution – Use of Herbicides
- Request for Tent Fee Waiver – VFW Post 5489/Oktoberfest
ADDITIONAL TOPICS
(This space is reserve for topics that the Chairman did not reasonably anticipate would be discussed.)
LIAISON REPORTS
EXECUTIVE SESSION
Board of Selectmen
Minutes
October 7, 2013
Present: Selectman Cahalane, Selectman O’Hara, Selectman Taylor, Selectman Sherman
Assistant Town Manager Tom Mayo
Absent: Selectman Richardson
Meeting Called to Order by Chairman Cahalane at 6:30 p.m. Mashpee Town Hall, Waquoit Meeting Room
MINUTES:
Monday, September 23, 2013 Regular Session:
Motion made by Selectman Sherman to approve the Regular Session minutes of Monday, September 23, 2013 as presented.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman O’Hara, yes
Selectman Taylor, yes Selectman Sherman, yes
Opposed, none
APPOINTMENTS & HEARINGS:
Public Comment:
Jacqueline Spinney of 280 Great Neck Road North indicated that she resides directly behind the newly installed industrial traffic signal located at the intersection of Lowell Road. Mrs. Spinney stated there is an intolerable beeping machine which she endures at all hours of the day and night. As a result of this annoyance, Mrs. Spinney requested the Selectmen apply for a waiver to silence the mechanism on the street light.
The Board of Selectmen in concern to Mrs. Spinney’s plight apologized for this occurrence, and indicated they would vote at their next meeting to appeal to the State to turn off this device. It was noted that other signalized lights in the Town of Mashpee do not have this type of apparatus installed.
Board of Selectmen
Minutes
October 7, 2013
APPOINTMENTS & HEARINGS:
Shellfish Constable of the Year Award Presentation:
At their annual meeting in March of this year, the Massachusetts Shellfish Officers Association selected Richard York as the recipient of the Shellfish Constable of the Year award. The award is given by the non-profit organization to individuals who have shown leadership and wisdom while serving their role as Shellfish Constable.
Several members of the Massachusetts Shellfish Officers Association and the Division of Marine Fisheries in addition to the Mashpee Police Department were in attendance to recognize Richard York for his attributes in receiving this honor.
Rodney Collins, Chief of Police indicated during his tenure and with the transfer of the Shellfish Department to the Police Department, Richard York, has been a true credit to the Town of Mashpee. As Shellfish Constable for the Town of Mashpee, Mr. York was praised for his knowledge and value having a tireless work ethic while serving many hours well beyond his compensation.
As a result of his knowledge, and work as an exemplary shellfish officer, Mr. York was recognized as Shellfish Constable of the Year by his affiliates and was presented with an award from the Shellfish Officers of the Commonwealth of Massachusetts.
Mr. York was acknowledged by his peers for leading the forefront to augment shellfish production and harvest for nitrogen remediation. He was also cited for his advocacy, leadership and instructional training to educate and certify shellfish officers.
After the presentation of the award, the Board of Selectmen indicated that Mr. York is truly an asset to the Town of Mashpee, and that this is a well-deserved honor. The Selectmen were also pleased that Mr. York’s constituents recognize his value.
Mr. York stated that it an honor to receive recognition from his colleagues. Mr. York modestly recognized the Mashpee community respectively for their support. Acknowledgement was given to the Board of Selectmen, the Town Manager, the Police Chief, the Mashpee Tribe, Town of Mashpee boards and committees, all of the countless volunteers, the Mashpee Environmental Coalition and the Friends of Santuit Pond.
Board of Selectmen
Minutes
October 7, 2013
NEW BUSINESS:
Ratification and Certification for 4 Entry-Level Police Officer Positions:
Based on the written examination for the position of Police Officer, twenty-one candidates qualified for the oral board assessment. Upon review of the scores, five candidates were provided with a conditional offer of employment. It was disclosed that one of the prospective candidates has been placed on deferral due to a temporary physical impairment.
The following four candidates were recommended for appointment;
Patrick Leahy Kristopher Threlkeld
Adam Sassone Matthew Cascio
Motion made by Selectman Taylor to ratify and certify the (4) Entry-Level Police Officer positions as referenced.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman O’Hara, yes
Selectman Taylor, yes Selectman Sherman, yes
Opposed, none
The swearing-in ceremony will be held on Tuesday, October 15, 2013.
OLD BUSINESS:
Water/Sewer Legislation:
At their last meeting, the Board of Selectmen reviewed the Act authorizing the establishment of the Mashpee Water and Sewer District. After receiving a recommendation from a member of the Water District Commissioners, the Board voted to approve the Act and to remove Section 14, a Special Question by Ballot.
Although the Water District Chair approved the amendment, their counsel has recommended against it. In an attempt to move this forward, it was recommended the Board rescind their vote and execute the Act as it was originally presented.
Board of Selectmen
Minutes
October 7, 2013
OLD BUSINESS:
Water/Sewer Legislation: (continued)
Motion made by Selectman Taylor to rescind the past motion, and approve the Act relative to the establishment of a Mashpee Water and Sewer District as originally presented.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman O’Hara, yes
Selectman Taylor, yes Selectman Sherman, yes
Opposed, none
NEW BUSINESS:
Request for Tent Fee Waiver – VFW Post 5489/Oktoberfest:
Theresa Cook representing the Mashpee Kiwanis Club was in attendance in the absence of Ted Theis, VFW Post 5489 to request the Board waive the $100 Tent Permit Fee for the Oktoberfest event scheduled on Saturday, October 12, 2013. The VFW is hosting the beer garden with the Kiwanis Club as a fundraising event. The one-day liquor license has been approved by the Board of Selectmen.
Motion made by Selectman Taylor to approve the Waiver of the Tent/Inspection Fee for the VFW Post 5489 on October 12, 2013 as referenced.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman O’Hara, yes
Selectman Taylor, yes Selectman Sherman, yes
Opposed, none
Board of Selectmen
Minutes
October 7, 2013
APPOINTMENTS & HEARINGS:
Public Hearing – Closing of Shellfish Area:
The Board of Selectmen opened the Public Hearing on the request of the Shellfish Constable to designate an area of Great River “Closed to Shellfishing” for the propagation of quahog seed effective October 11, 2013. The area is located at the mouth of Great River and will be marked at the corner coordinates: 41º 33.550’ N/70º 30.860’ W, 41º 33.564’ N/70º 30.930’ W, 41º 33.593’ N/70º 30.905’W, 41º 33.558’ N/70º 30.818’W.
The Hearing notice was read aloud into the record. Richard York, Shellfish Constable was in attendance to discuss the closure request with the Board of Selectmen. Mr. York indicated the site is located inside the mouth of the Great River and encompasses approximately 1.5 acres. The quahog area is intended to be covered for propagation purposes.
Being no comment, the Board motioned to close the Public Hearing.
Motion made by Selectman Taylor to close the Public Hearing.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman O’Hara, yes
Selectman Taylor, yes Selectman Sherman, yes
Opposed, none
Motion made by Selectman Taylor to approve the designated area of Great River “Closed to Shellfishing” as referenced and effective October 11, 2013.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman O’Hara, yes
Selectman Taylor, yes Selectman Sherman, yes
Opposed, none
Board of Selectmen
Minutes
October 7, 2013
COMMUNICATIONS & CORRESPONDENCE:
Review & Approval of 6-Month Board of Selectmen Meeting Schedule:
The Board of Selectmen reviewed the Selectmen’s Meeting schedule through the May 2014 Town Meeting. There was no objection to the schedule as outlined and dated September 23, 2013.
NEW BUSINESS:
Recommendation of Full Membership from Associate – ZBA:
Correspondence was received from the Zoning Board of Appeals Chair dated September 19, 2013 recommending the appointment of Richard Jodka to full member status. Mr. Jodka’s letter of interest to formally transition his appointment from Associate Member to Full Member status dated September 19, 2013 was included in the Selectmen informational packet for review.
Motion made by Selectmen Sherman to appoint Richard Jodka to the Zoning Board of Appeals to serve as a Full Voting Member.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman O’Hara, yes
Selectman Taylor, yes Selectman Sherman, yes
Opposed, none
Board of Selectmen
Minutes
October 7, 2013
Recommendation for Constable to Serve Process for Tribal Council:
Correspondence was received from Chief Collins dated September 24, 2013 recommending the appointment of Police Officer Kevin Frye as Constable with the responsibility to deliver all legal notices from the Mashpee Wampanoag Tribal Court to the members of the Mashpee Wampanoag Tribe. This appointment will enable the Mashpee Wampanoag Tribe to facilitate process with a person they desire to assign for such process. Officer Frye would serve Tribal warrants only.
Additional communication was received from the Mashpee Wampanoag Tribe Elders Judiciary Committee dated July 9, 2013 recommending Officer Frye’s appointment.
Motion made by Selectman Taylor to appoint Officer Kevin Frye as Constable to serve process for the Mashpee Wampanoag Tribal Council.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman O’Hara, yes
Selectman Taylor, yes Selectman Sherman, yes
Opposed, none
Recommendation for Appointment – Tribal Representative to Historic District Commission:
The Board reviewed a letter of interest received from Jessie Little Doe Baird dated September 24, 2013 to serve on the Mashpee Historic District Commission. A follow up memorandum was received from the Town Planner dated October 1st highly recommending the appointment. The appointment will give representation from the Tribal Council to this commission as specified in the Town’s bylaw.
Motion made by Selectman Taylor to approve the recommendation of Jessie Little Doe Baird to the Historic District Commission as referenced.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman O’Hara, yes
Selectman Taylor, yes Selectman Sherman, yes
Opposed, none
Board of Selectmen
Minutes
October 7, 2013
Position Vacancy Request – DPW/Maintainer 1:
A Position Vacancy Request was before the Board for approval for the job of Maintainer 1 to the DPW at Step 1 of the intended pay scale. The vacancy resulted in a recent promotion within the department.
Motion made by Selectman Taylor to approve the Position Vacancy Request to the DPW for Maintainer 1 at Step 1.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman O’Hara, yes
Selectman Taylor, yes Selectman Sherman, yes
Opposed, none
Boys & Girls Club – Special Events Application Approval Request:
The Board of Selectmen conducted a review of the Special Events Application received from Jim Kiley for the annual Boys & Girls Club Road Race to be held on October 26, 2013. The 5k race is proposed to begin and end at the Popponesset Marketplace in Mashpee from 10:30 a.m. to 12:00 p.m.
There was no representative present to discuss the application. However, the application was signed off by applicable regulatory officials. Although a representative was not in attendance, Selectman O’Hara indicated he has been an active participant in the race and it is a well-organized event which benefits the Boys & Girls Club organization. As a result of the timing to the next regularly scheduled Selectmen’s Meeting, the Board indicated they would make an exception for this application giving clear notice that a representative must be present to review all future applications.
Motion made by Selectman Taylor to approve the Special Events Application of the Boys & Girls Club to conduct a Road Race on October 26, 2013 as referenced.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman O’Hara, yes
Selectman Taylor, yes Selectman Sherman, yes
Opposed, none
Board of Selectmen
Minutes
October 7, 2013
NEW BUSINESS:
Proclamation – Freedom from Workplace Bullies Week:
The Board of Selectmen reviewed the Proclamation received from the Workplace Bullying Institute relative to Freedom from Workplace Bullies Week.
Motion made by Selectman Taylor to proclaim the week of October 20-26, 2013 as Freedom from Workplace Bullies Week.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman O’Hara, yes
Selectman Taylor, yes Selectman Sherman, yes
Opposed, none
Enclosure: Proclamation; Town Clerk’s Official Copy of the Minutes.
Discussion relative to NSTAR 2013 Resolution – Use of Herbicides:
Laura Kelley of Protect Our Cape Cod Aquifer (POCCA) was in attendance to request the Selectmen remit communication to NSTAR to request the elimination of the broad-scale use of herbicides on its rights-of-way management plan.
POCCA is gathering documents from all 15 Cape towns to send as a package to NSTAR, the DPE and to legislative officials in anticipation to halt NSTAR from using herbicidal applications completely. Currently, NSTAR has been blunt cutting the power lines to 200’ in preparation for the herbicide sprays.
It was noted that NSTAR previously was in agreement to allow a moratorium to not spray herbicides for past years. However, NSTAR has now decided to proceed with spraying vegetation in early November. Ms. Kelley related concern with respect to the Cape Cod aquifer, and the protection of the Cape’s drinking water. It disclosed in some areas of Mashpee, the power lines are in close proximity to the Mashpee River.
Alternatives to the use of herbicides on Cape Cod include mowing and selective radiant heat spraying which creates ash to nourish the soil.
Board of Selectmen
Minutes
October 7, 2013
Discussion relative to NSTAR 2013 Resolution – Use of Herbicides: (continued)
After discussion, the Board indicated they would consider requesting that NSTAR abandon its current plan to use herbicides along rights-of-way conditioned on the Board of Health’s guidance. Due to meeting schedules, it was explained this is a time sensitive issue. Ms. Kelley agreed to attend the next Board of Health meeting, but requested action from the Selectmen on this matter.
Motion made by Selectman Taylor to give support to protect the Cape Cod aquifer by submitting a letter to NSTAR as referenced conditioned on Laura Kelley, Director of POCCA attending the next available Mashpee Board of Health meeting.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman O’Hara, yes
Selectman Taylor, yes Selectman Sherman, yes
Opposed, none
LIAISON REPORTS:
Special Events: The annual Oktoberfest is scheduled to be held on Saturday, October 12th in Mashpee Commons.
The Big Fix: Over 300 volunteers participated in the Big Fix community service event last weekend. Twelve homes and the Breezy Acres housing complex received landscape and home improvements in the HAC program.
Adjournment:
Motion made by Selectman Taylor to adjourn at 7:10 p.m.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman O’Hara, yes
Selectman Taylor, yes Selectman Sherman, yes
Opposed, none
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
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