AGENDA
BOARD OF SELECTMEN
MONDAY, NOVEMBER 5, 2012
6:30 p.m. - Convene Meeting – Conference Room 1 – Mashpee Town Hall
PLEDGE OF ALLEGIANCE
MINUTES
Approval of the following:
Monday, October 1, 2012 Regular Session
Monday, October 15, 2012 Regular Session
APPOINTMENTS & HEARINGS
6:30 Public Comment
6:40 Public Hearing – 99 West LLC, d/b/a Ninety Nine Restaurant – Application for Transfer of Stock
OLD BUSINESS
NEW BUSINESS
- Treasurer’s Request for Approval – Bond Anticipation Notes
- Recommendation for Acceptance of Bid – Traffic Signal at Lowell Road/ Great Neck Road North – Bell Traffic Signal Maintenance Co., Inc.
- Request to Fill Vacancy – Council on Aging Director
- Request to Fill Vacancy – Benefits Administrator
- Request to Fill Vacancy – Floating Clerk
- Acceptance of Resignation – Conservation Commission
- Request for Acceptance of Proposal & to Enter into Contract Negotiations for Human Services Needs Study - Collaborative Research
- Execution of Agreement – Conditions & Operating Policies for the Operation of a Fire Dispatch Center – Barnstable County Sheriff’s Office
- Request for Letter of Support – Barnstable County Economic Development District (EDD) Designation from the US Economic Development Administration (EDA)
- Approval & Execution of Quitclaim Deed & Request for Waiver of Fees – 6 Park Place
- Approval & Execution of Quitclaim Deed & Request for Waiver of Fees – 9 Park Place
- Recommendation for Appointment – Board of Registrars Democratic Representative
- Execution of Order of Taking – Quail Hollow Road
- Execution of Order of Taking – Ockway Bay Road
COMMUNICATIONS & CORRESPONDENCE
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
November 5, 2012
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, October 1, 2012 Regular Session:
The minutes were amended on page 5 to correct a typo in the first motion.
Motion made by Selectman Cahalane to approve the minutes of Monday, October 1, 2012 as amended.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 4-0-1.
Roll Call Vote:
Selectman Richardson, yes Selectman Sherman, yes
Selectman Taylor, abstained Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Monday, October 15, 2012 Regular Session:
Motion made by Selectman Cahalane to approve the minutes of Monday, October 15, 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:
Bill Martiros, Cranberry Avenue related concern with regards to the serious condition of the beach due to erosion. Mr. Martiros indicated that he is a member of the South Cape Beach Advisory Committee, and there has been past discussions to possibly exchange ownership of the Mashpee beaches with the State of Massachusetts. However, on two occasions, the proposed changeover of the beaches was denied by Mashpee voters at town meeting. Mr. Martiros suggested that a committee be developed to re-consider the aspects of this proposal.
It was agreed the Town Manager would further review this matter on behalf of the Board of Selectmen.
NEW BUSINESS:
Treasurer’s Request for Approval – Bond Anticipation Notes:
Craig Mayen, Treasurer was in attendance to request the Board vote approval on the following bond anticipation notes; Century Bank - $1,000,000 @ .40% per annum and Cape Cod Five $1,209,859 @ .44% per annum.
The bond anticipation notes outstanding include the Horseshoe Bend Land Taking, Bayshore/Brookside Land Taking, Cape Drive Roadways, Building Remodeling, and the Great Hay Estates Roadways.
Motion made by Selectman Taylor to approve the Bond Anticipation Notes as referenced.
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
NEW BUSINESS:
Recommendation for Acceptance of Bid – Traffic Signal at Lowell Road/Great Neck Road North – Bell Traffic Signal Maintenance Co., Inc.:
Catherine Laurent, Director of Public Works was in attendance to recommend the Board award a contract to Bell Traffic Signal Maintenance Co., Inc. of Weymouth of the installation of a traffic signal at the intersection of Great Neck Road North and Lowell Road.
Bell Traffic Signal Co. is the lowest and most responsive bidder. With the Board’s approval the signal would be installed in the early Spring of 2013 as weather dictates. It was noted the $93,841 bid is well under the projected budget for the signalization project.
Motion made by Selectman Cahalane to award a contract with Bell Traffic Signal Maintenance Co., Inc. in the amount of $93,841 for the installation of a traffic signal 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
APPOINTMENTS & HEARINGS:
Public Hearing – 99 West LLC, d/b/a Ninety Nine Restaurant – Application for Transfer of Stock:
The Board of Selectmen opened the Public Hearing on the application of 99 West, LLC d/b/a Ninety Nine Restaurant, located at 8 Ryan’s Way, Mashpee, John R. Grady, Concept President, 99 Restaurants for a Transfer of Stock.
The Hearing notice was read aloud into the record. As noted, the letter received from the Massachusetts Alcoholic Beverages Commission (ABCC) states the transaction involves all sixty-one 99 Restaurants in Massachusetts and will not result in any change to the personnel, operation or physical structure of the restaurant in the community other than the ordinary course of business. All fees have been paid directly to the ABCC.
Being no comment, the Board motioned to close the Public Hearing.
Motion made by Selectman Cahalane to close the Public Hearing.
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
Motion made by Selectman Cahalane to approve the application of 99 West, LLC, d/b/a Ninety Nine Restaurant, 8 Ryan’s Way, Mashpee, John R. Grady, concept President, 99 Restaurants, for a Transfer of Stock.
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
NEW BUSINESS:
Approval & Execution of Quitclaim Deed & Request for Waiver of Fees – 6 Park Place & 9 Park Place:
Representatives of Habitat for Humanity were in attendance to discuss matters pertaining to the affordable housing projects located at 6 & 9 Park Place, Mashpee. It was noted that preference for a local family will be given to one of the affordable housing units. The homes will be sold with a deed rider to preserve them as affordable housing for the Town of Mashpee in perpetuity.
Motion made by Selectman Taylor to approve and execute the Quitclaim Deeds for 6 and 9 Park Place, Mashpee. And, approve the waiver of Town fees associated to 6 & 9 Park Place, Mashpee.
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
The Board motioned as follows in accordance with Town Counsel’s recommendation;
Motion made by Selectman Taylor that the Board vote to approve and execute Deeds for the Town owned parcels of land located at 6 Park Place and 9 Park Place, conveying title in and to said parcels to Habitat for Humanity of Cape Cod, Inc. for development of affordable housing pursuant to and in accordance with the vote under Article 11 of the May 10, 2010 Annual Town Meeting; that the Board vote to accept for incorporation as Exhibit A to said Deeds the Affordable Housing Restrictions set forth in the Local Initiative Program Affordable Housing Deed Rider as approved by the Commonwealth of Massachusetts Department of Housing and Community Development; and further, that the Board vote to approve and execute Grants of Title 5 Nitrogen Loading Restrictions and Easements with respect to said parcels.
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
Discussion followed with respect to the Local Initiative Program (LIP) Regulatory Agreement and Declaration of Restrictive Covenants for Ownership Project through the Department of Housing and Community Development (DHCD) and Habitat for Humanity. It was disclosed the document as referenced was not in the Selectmen’s informational packet.
Motion made by Selectman Taylor to approve the signing of the Regulatory Agreement and Declaration of Restrictive Covenants for Ownership Project as presented providing the document is endorsed to form by Town Counsel.
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
Request to Fill Vacancy – Council on Aging Director:
A Position Vacancy Request was before the Board for approval for the position of Council on Aging Director. The date of the vacancy is January 25, 2013.
Motion made by Selectman Taylor to approve the Position Vacancy Request for the Council on Aging Director.
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
NEW BUSINESS:
Request to Fill Vacancy – Benefits Administrator:
The Board was requested to post the Position Vacancy Request for the position of Benefits Administrator at Step 1 of the intended pay scale. The date of the vacancy is November 1, 2012.
Motion made by Selectman Taylor to approve the Position Vacancy Request for the appointment of a Benefits Administrator as referenced.
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
Request to Fill Vacancy – Floating Clerk:
An additional Position Vacancy Request was presented to the Board to post the part-time position of Floating Clerk, 19 hours per week at Step 1 of the intended pay scale. The date of the vacancy is November 1, 2012.
Motion made by Selectman Taylor to approve the posting of the Floating Clerk Position Vacancy as referenced.
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
NEW BUSINESS:
Acceptance of Resignation – Conservation Commission:
Correspondence was received from the Conservation Agent dated October 31, 2012 announcing the retirement of Lloyd Allen from the Conservation Commission. Mr. Allen has given service to the position for the past ten years.
Motion made by Selectman Taylor to approve with regret, the resignation of Lloyd Allen from the Conservation Commission.
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
Request for Acceptance of Proposal & to Enter into Contract Negotiations for Human Services Needs Study – Collaborative Research:
In response to the RFP for the study of Human Service Needs Assessments seven firms requested specifications and two responded. A subcommittee conducted the interviews and recommended the firm of Collaborative Research LLC of Providence, RI to perform the study and authorize the Town Manager to enter into contract discussions on behalf of the Town of Mashpee.
It was noted the study was approved by the voters at the May 2012 Town Meeting for a sum not to exceed $35,000.
Motion made by Selectman Taylor to accept the proposal received from the Collaborative Research LLC, and authorize the Town Manager to enter into contract negotiations.
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
NEW BUSINESS:
Execution of Agreement – Conditions & Operating Policies for the Operation of a Fire Dispatch Center – Barnstable County Sheriff’s Office:
The Board of Selectmen reviewed the Agreement between the Town and Barnstable County Sheriff’s Department in the cooperative operation of a primary fire department dispatch system from July 1, 2012 through June 30, 2015. Each year the parties shall agree to a new annual fee for fire dispatch and CMED services and update the fee addendum attached to the contract. The new fees approved by a vote of Town Meeting for centralized medical emergency direction (CMED) services are included in the document addendum.
Motion made by Selectman Cahalane to execute the Agreement with the Barnstable County Sheriff’s Office regarding Conditions & Operating Policies for the Operation of a Fire Dispatch Center as written.
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
It was agreed that matters pertaining to the establishment of a resolution committee would be reviewed. Each agency is responsible for appointing members to the committee for representation.
NEW BUSINESS:
Request for Letter of Support – Barnstable County Economic Development District (EDD) Designation from the US Economic Development Administration (EDA):
The Board of Selectmen reviewed a draft letter to the Economic Development Administration regarding an application by the Cape Cod Commission for the designation of Barnstable County as an Economic Development District (EDD).
Upon discussion, it was agreed the Board would defer action to obtain further clarification of the proposed designation.
Recommendation for Appointment – Board of Registrars Democratic Representative:
A letter of interest was received from Margaret Bent for appointment to the Board of Registrars as a Democratic representative. Additional communication was received from the Town Clerk recommending her appointment.
Motion made by Selectman Taylor to appoint Margaret Bent to the Board of Registrars as recommended.
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
NEW BUSINESS:
Execution of Order of Taking – Quail Hollow Road:
Motion made by Selectman Taylor to execute the Order of Taking for Quail Hollow Road as approved by a vote of Town Meeting on October 15, 2012.
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
Execution of Order of Taking – Ockway Bay Road:
In accordance with a vote of Town Meeting on October 15, 2012, the Board voted as follows;
Motion made by Selectman Taylor to execute the Order of Taking for Ockway Bay Road as a public way.
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:
Execution of Order of Taking – Holly Way, Elm Lane, Autumn Drive, Attaquin Street, Pocknomett Street, Hornbeam Lane, Lantern Lane, Beechwood Drive, Hemlock Drive, Fir Court:
The layout of the above referenced roads as public ways and accepted by a vote of Town Meeting on October 15, 2012 were approved by the Selectmen as follows;
Motion made by Selectman Taylor to execute the Order of Taking for Holly Way, Elm Lane, Autumn Drive, Attaquin Street, Pocknomett Street, Hornbeam Lane, Lantern Lane, Beechwood Drive, Hemlock Drive, and Fir Court as public ways.
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
LIAISON REPORTS:
Public Safety: The Board complimented the Town’s public safety division for their endeavors during the recent tropical storm.
Environmental Oversight Committee: George Peterson was elected Chairman of the EOC, and he is expected to have an active and aggressive term.
Waterways Committee: The Selectmen expressed appreciation to the Waterways Committee for their actions during the recent storm to protect the Popponesset Spit. Compliments were directed to the Chairman of the WWC for his immediate response in support of the Town’s waterways.
Cape Cod Water Protection Collaborative: Communication received from Andrew Gottlieb of the CCWPC dated October 2, 2012 indicating they are moving forward to address the effects of nitrogen in the Cape’s watersheds. It is requested that respective Boards of Selectmen or Councilors discuss municipal wastewater priorities. The next scheduled CCWPC meeting is November 14th.
LIAISON REPORTS:
Mashpee Cares: The Chairman of the Board of Selectmen has drafted a letter of support of the Falmouth Prevention Partnership’s Kelley Foundation grant proposal. The Falmouth Prevention Partnership is similar to the Mashpee Cares program and it is hopeful that grant funding will collectively support the two programs.
24/7 Prescription Drug Take-Back Program: It was announced the Town of Mashpee has recently kicked-off its prescription drug take-back program as substance abuse is a significant concern on the Cape.
BOS Workshop: It was agreed the Selectmen would conduct a workshop session to review their goals and objectives, and re-access issues facing the Town.
Library: Appreciation was given to the Library budget committee for a well- crafted financial plan in-line with the recommendation of the Town Manager.
Boys & Girls Club: With the assistance of the Kiwanis Club, outside cleaning was conducted at the Boys & Girls Club.
Community Thanksgiving Dinner: A community-wide Thanksgiving dinner is planned for November 22nd at the Mashpee Senior Center. Dinners are served to all. The deadline to sign up for the event or to reserve a dinner for delivery is November 19th.
Veteran’s Memorial Fundraiser: December 1st is the scheduled date of the fundraiser proposed to enhance the Veteran’s Memorial. The event is planned to be held at Dino’s Sports Bar to raise funds for six memorial stones.
Mooring Holders: It was disclosed that a private company, Mashpee Moorings is advertising that their business is authorized by the Town of Mashpee. To alleviate any misconceptions, the company is not endorsed nor authorized by the Town of Mashpee.
LIAISON REPORTS:
Schools: It was noted the Chair of the Mashpee School Committee will be away for four months. It was recommended the policy of the Board of Selectmen regarding Remote Participation should be adhered to.
Town Meeting: Child care was provided at the October Town Meeting. It is hopeful that this will continue with or without school articles.
Christmas Parade: Save the date, December 8th is the Mashpee Christmas Parade. The event is still in its planning stage.
Adjournment:
Motion made by Selectman Cahalane to adjourn at 7:12 p.m.
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
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
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