AGENDA
BOARD OF SELECTMEN
MONDAY, MARCH 5, 2012
5:00 p.m. - Convene Meeting – Conference Room 1 – Mashpee Town Hall
PLEDGE OF ALLEGIANCE
MINUTES
APPOINTMENTS & HEARINGS
5:00 Public Comment
COMMUNICATIONS & CORRESPONDENCE
OLD BUSINESS
NEW BUSINESS
- Review of May 7, 2012 Town Meeting Warrant – Draft #1
ADDITIONAL TOPICS
(This space is reserved for topics that the Chairman did not reasonably anticipate would be discussed)
LIAISON REPORTS
EXECUTIVE SESSION
Board of Selectmen
Minutes
March 5, 2012
Present: Selectman Taylor, Selectman Richardson, Selectman Sherman,
Selectman Cahalane, Selectman O’Hara
Town Manager Joyce Mason
Assistant Town Manager Tom Mayo
Meeting Called to Order by Chairman Taylor at 5:00 p.m.
Town Hall, Conference Room #1
APPOINTMENTS & HEARINGS:
Public Comment: None at this time.
NEW BUSINESS:
Review of May 7, 2012 Town Meeting Warrants – Draft #1:
The Board of Selectmen took action on the following Special and Annual Town Meeting warrant articles;
Article #1: To pay previous fiscal year unpaid bills; Amended total: $646.75.
The Casella Waste invoice was removed from the list and reported as paid.
Motion made by Selectman Richardson to endorse Article #1 of the Special Town Meeting Warrant as amended.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Special Town Meeting Warrant:
Article #2: To transfer $25,638 from the Building Salary/Wage Account to the Building Expense Account to fund the cost associated with the hiring of a temporary Building Commissioner through contract services until the end of the fiscal year.
It was noted the Town Manager has budgeted this much-needed position; 3 days per week, 19 hours in the FY13 operating expense budget.
Motion made by Selectman O’Hara to endorse Article #2 of the Special Town Meeting Warrant as presented.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Article #3: To appropriate $26,315 to fund the settlement of the Firefighter’s Union Contract effective July 1, 2011 funding a 1% cost of living adjustment for FY12.
Motion made by Selectman Richardson to endorse Article #3 of the Special Town Meeting Warrant as presented.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Special Town Meeting Warrant:
Article #4: To appropriate $14,710 to fund the settlement of the Administrator’s Contract, Units A, B, and C effective July 1, 2011 funding a 1% cost of living adjustment for FY12.
Motion made by Selectman Sherman to endorse Article #4 of the Special Town Meeting Warrant as presented.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Article #5: To appropriate $22,487 to fund the Personnel Administration Plan (PAP) Appendix B and Appendix C employees and the Plumbing & Wire Inspectors effective July 1, 2011 and to vote to fund Special Service Contracts. The article will fund a 1% cost of living adjustment for FY12 for the positions classified under the PAP and fund Special Service Contracts.
Motion made by Selectman Richardson to endorse Article #5 of the Special Town Meeting Warrant as presented.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Special Town Meeting Warrant:
Article #6: To fund a potential deficit in the Snow & Ice Account.
Article HELD.
Article #7: To appropriate from the Community Preservation Fund $70,000 for the purpose of funding (2) Habitat for Humanity affordable housing construction projects located at 6 and 9 Park Place Way, Mashpee.
It was noted the two referenced properties were previously donated by the Town of Mashpee to Habitat for Humanity for the purpose of affordable housing.
Discussion followed with respect to diverting future Community Preservation Committee funds from the 10% Affordable Housing Reserves to the Town’s Affordable Housing Trust to assist the Town of Mashpee with its affordable housing needs.
Motion made by Selectman Richardson to endorse Article #7 of the Special Town Meeting Warrant as written.
Motion seconded by Selectman O’Hara.
VOTE: 2-3. Motion does not carry.
Roll Call Vote:
Selectman Taylor, no Selectman Richardson, yes
Selectman Sherman, no Selectman Cahalane, no
Selectman O’Hara, yes Opposed, (3)
Article #8: To appropriate from the Community Preservation Fund $100,000 a year for a three-year period for the purpose of funding the Mashpee Housing Authority – Housing Assistance Program, a total cost of $300,000 over a three-year period.
Article HELD. The Board of Selectmen requested to amend the article to give first priority for all programs to Mashpee Veterans. It was noted that second priority would be given to those who live and work in the Town of Mashpee. Third priority is given to those who live (only) in the Town of Mashpee.
Special Town Meeting Warrant:
Article #9: To appropriate from the Community Preservation Fund $40,000 in supplemental funding for the preservation and restoration of the Mashpee Archives. Additional funds are needed for work not originally anticipated. Funding in the amount of $200,000 was approved at the May 2011 Town Meeting.
Motion made by Selectman Cahalane to endorse Article #9 of the Special Town Meeting Warrant as presented.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Article #10: To appropriate $50,000 to the Santuit Pond Dam Account for the design and permitting associated to the reconstruction of the dam and fish ladder at Santuit Pond. Funding would derive from free cash available for appropriation.
It was noted the Town is under State mandate to repair the failed dam. The federally funded Cape Cod Water Resource Restoration Project is expected to cover $400,000 of the $500,000 total construction cost. The Town of Mashpee and the Town of Barnstable are required to fund a 25% local match, $50,000 each. The dam reconstruction must be completed by October 31, 2012.
Motion made by Selectman Richardson to endorse Article #10 of the Special Town Meeting Warrant as presented.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Special Town Meeting Warrant:
Article #11: To appropriate $60,000 to cover the shortfall in the Town’s Unemployment Trust for both Town and School employee’s unemployment benefits.
Motion made by Selectman O’Hara to endorse Article #11 of the Special Town Meeting Warrant as presented.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Article #12: To appropriate $60,000 to fund a deficit in the School Health Insurance Account due to an unexpected increase in the number of school employee’s participating in the Town’s health insurance program.
Motion made by Selectman Richardson to endorse Article #12 of the Special Town Meeting Warrant as presented.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Special Town Meeting Warrant:
Article #13: To appropriate $25,000 to the Department of Public Works Capital Account for the purposes of constructing a storage building at South Cape Beach prior to the summer season.
It was the recommendation of the Capital Improvement Program (CIP) Committee and Planning & Construction Committee to approve the request of the Recreation Department to construct a 14’ x 8’ weather resistant storage building prior to the onset of the beach season. The building to house staff and storage equipment would contain a small rolling door to accommodate wheelchairs, tables and surf boards. A small awning would also be constructed to allow for sun protection. Free cash, revenue available for appropriation would fund this project.
Motion made by Selectman Richardson to endorse Article #13 of the Special Town Meeting Warrant as presented.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
End of Special Town Meeting Warrant.
Annual Town Meeting Warrant:
Article #1: To accept the reports of the Town officers – 2011 Annual Town Report.
Motion made by Selectman Richardson to endorse Article #1 of the Annual Town Meeting Warrant as presented.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Article #2: To fund the annual operating budgets for various Town departments.
Article HELD to review with the Finance Committee.
Article #3: To appropriate and transfer from available funds, $698,193 to various Capital Accounts. Article HELD to review with Finance Committee.
*Explanations and funding sources were requested for additional review.
Article #4: To approve the annual Cape Cod Regional Technical High School budget of $969,173 for the fiscal year beginning July 1, 2013. There are 62 students from Mashpee attending Cape Cod Tech, a decrease from 67 students last year.
Motion made by Selectman Cahalane to endorse Article #4 of the Annual Town Meeting Warrant as presented.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Article #5: To appropriate $250,000 to the Town’s Stabilization Account.
Motion made by Selectman Cahalane to endorse Article #5 of the Annual Town Meeting Warrant as presented.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Article #6: To establish a Stabilization Account $250,000 for the purpose of funding future potential liabilities for other Post Employee Benefits.
Motion made by Selectman Richardson to endorse Article #6 of the Annual Town Meeting Warrant as presented.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Article #7: To appropriate $474,188 to provide for road improvement projects under the Chapter 90 program. The article authorizes funds which will be 100% reimbursed by the Commonwealth.
Motion made by Selectman Sherman to endorse Article #7 of the Annual Town Meeting Warrant as presented.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Article #8: To appropriate $13,445 to fund the settlement of the Administrator’s Contract, Units A. B. and C effective July 1, 2012 funding a 1% cost of living adjustment for FY13.
Motion made by Selectman Richardson to endorse Article #8 of the Annual Town Meeting Warrant as presented.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Article #9: To appropriate $24,034 to fund the Personnel Administration Plan (PAP) Appendix B and Appendix C employees and the Plumbing & Wiring Inspectors effective July 1, 2012 and vote to fund Special Service Contracts. The article will grant a 1% cost of living adjustment for FY12 to employees under the PAP and fund Special Service Contracts.
Motion made by Selectman Richardson to endorse Article #9 of the Annual Town Meeting Warrant as presented.
Motion seconded by Selectman Sherman
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Article #10: To create an additional full-time position of Assistant Mechanic for the Department of Public Works, appropriating from available funds $59,370
for salary/wages and related benefits.
Article HELD for review with the Finance Committee. *The Director of Public Works will be requested to review the position at the next meeting.
Article #11: To create the full-time position of Maintainer I for the Department of Public Works, appropriating $55,107 for salary/wages and related benefits.
Article HELD for review with the Finance Committee. *The Director of Public Works will be requested to review the position at the next meeting.
Article #12: To create a full-time position of EMS Coordinator for the Fire & Rescue Department effective July 1, 2012, appropriating $60,379.66 for salary/wages and related benefits.
Motion made by Selectman Cahalane to endorse Article #12 of the Annual Town Meeting Warrant as presented.
Motion seconded by Selectman Sherman
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, absent for vote
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Article #13: To appropriate from the Community Preservation Fund Budgeted
Reserve Account $40,000 to the Community Preservation Administrative and Operating Expense Account to provide annual funding for administrative and operational costs of the Community Preservation Committee.
Motion made by Selectman Cahalane to endorse Article #13 of the Annual Town Meeting Warrant as presented.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Article #14: To accept the provisions of Chapter 44, Section 44F ½ of M.G.L to continue the Recreation Department Childcare/Preschool Program as an Enterprise Fund effective fiscal year 2013.
Article HELD as it may be a duplicate article.
Article #15: To appropriate $411,718 for the operation of the Kids Klub Enterprise Fund for fiscal year 2013 to operate a Toddler/Pre-School Program.
Article HELD as referenced above.
Article #16: To authorize the Recreation Revolving Account to be expended under the direction of the Recreation Department, and to establish a limit of expenditures for FY13 to $300,000. The revolving fund is required in order to receive and disburse funds generated though programs supported by the revolving fund.
Motion made by Selectman Sherman to endorse Article #16 of the Annual Town Meeting Warrant as presented.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Article #17: To re-authorize the Council on Aging Revolving Fund, $15,000 for fiscal year 2013.
Motion made by Selectman Richardson to endorse Article #17 of the Annual Town Meeting Warrant as presented.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Article #18: To appropriate $15,000 from the Waterways Improvement Fund Account to the Waterways Equipment/Maintenance Account.
*The Board of Selectmen requested the article contain a more
detailed explanation.
Motion made by Selectman O’Hara to endorse Article #18 of the Annual Town Meeting Warrant as presented.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Article #19: To appropriate $55,000 from the Waterways Improvement Fund Account to the Waterways Dredging Account to dredge the Popponesset Approach Channel. Funding derives from the mooring fees.
Motion made by Selectman Sherman to endorse Article #19 of the Annual Town Meeting Warrant as presented.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Article #20: To transfer $28,000 from the Waterways Improvement Fund Account to the Waterways Dredging Account for the purpose of performing the maintenance dredge of the 1916 Channel in Popponesset Bay.
Article HELD to discuss with the Finance Committee. *The Waterways
Chair will be invited to discuss the referenced article.
Article #21: To appropriate $80,000 from the Waterways Improvement Fund Account to the Mashpee River Engineering Account for the purpose of engineering and design services to secure an Improvement Dredge Permit for the Mashpee River.
Article HELD to discuss with the Finance Committee. *The Waterways
Chair will be invited to discuss the referenced article.
Article #22: Selectman Cahalane, a member of the Human Services Committee recused himself from discussing Article #22.
To appropriate $35,000 to the Mashpee Human Services Consultant Account to conduct Mashpee’s first assessment of human service needs.
Motion made by Selectman Richardson to endorse Article #22 of the Annual Town Meeting Warrant as presented.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 4-0-1.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, abstained
Selectman O’Hara, yes Opposed, none
Article #23: To authorize the Board of Selectmen to sell through public auction, property received through tax foreclosure. Proceeds from the sale (with minimum reserves) would be set by the Town and placed in a trust fund to offset the Town’s unfunded liability for other post-employment benefits.
Motion made by Selectman Sherman to endorse Article #23 of the Annual Town Meeting Warrant as presented.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Article #24: To authorize the Board of Selectmen to sell through public auction, property identified as 950 Falmouth Road received through tax foreclosure. Proceeds from the sale with minimum reserves shall be set by the Town and placed in a trust fund to offset the Town’s unfunded liability for other post-employment benefits.
Motion made by Selectman Richardson to endorse Article #24 of the Annual Town Meeting Warrant as presented.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
The sale of tax foreclosure lands will also turn the properties to the tax rolls to increase annual tax revenue.
Annual Town Meeting Warrant:
Article #25: To authorize the Board of Selectmen to sell through public auction, property identified as 33 Commercial Street (commercial & industrial property) received through tax foreclosure. Proceeds from the sale with minimum reserves to be set by the Town would be placed in a trust fund to offset the Town’s unfunded liability for other post-employment benefits.
Motion made by Selectman Sherman to endorse Article #25 of the Annual Town Meeting Warrant as presented.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Article #26: To vote to discontinue a portion of Job’s Fishing Road located between Route 28 and Great Neck Road North, as this portion of the road does not exist on the ground and it is not used by the public. There are no plans to establish or show the road as a public way on record at the Registry of Deeds.
Motion made by Selectman Richardson to endorse Article #26 of the Annual Town Meeting Warrant as presented.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Article #27: To discontinue a portion of Job’s Fishing Road.
Article is deemed a duplicate, and REMOVED from the warrant.
The remainder of the articles; Article #28, #29 and #30 on the May Town Meeting Warrant are Petition Articles. It was agreed the Board of Selectmen would review the articles at their next meeting with the petitioners.
LIAISON REPORTS:
Water District: At the last Selectmen’s Meeting, the Board met with the Sewer Commission to review matters associated to the transfer of the Sewer to the Water District. In addition, the Sewer Commission was directed by the Board to continue to move forward with the process to continue to bring the planning process to fruition. At the meeting, there were comments regarding the participation of the Water District in the overall process. The Water District was noted to be aware of the planning, and it is hopeful that members of the Water District will attend future meetings of the Sewer Commission to give input and gain insight to collaborate resources.
Town Audit; With regards to the recent Town Audit, the Town Manager, and her Financial Team which includes the Town Accountant were commended for their knowledge and efforts to bring forth a favorable report for the Town of Mashpee.
Adjournment:
Motion made by Selectman O’Hara to adjourn at 5:55 p.m.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, 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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