AGENDA
BOARD OF SELECTMEN
MONDAY, JANUARY 10, 2011
6:30 p.m. - Convene Meeting – Conference Room 1 – Mashpee Town Hall
MINUTES
Approval of the following:
Monday, December 6, 2010 Regular & Executive Sessions
APPOINTMENTS & HEARINGS
6:30 Public Comment
Certificate of Appreciation – Hans Fritschi
6:40 Public Hearing – Request to Place Sign on Town Property – Stonewood Products
6:45 Conservation Agent
- Review of Proposed Land Management Agreements – Boating Access
- Review of Conservation Commission Permitting Fee Structure
6:55 DPW Director – Recommendation for Award of Annual Contracts
- Trash & Recycling Collection
- Rental of Portable Toilets
- Catch Basin Cleaning
COMMUNICATIONS & CORRESPONDENCE
- Falmouth Planning Board – District of Critical Planning Concern (DCPC) for Wind Energy
OLD BUSINESS
NEW BUSINESS
- Acceptance of Resignation – Conservation Commission Member
- Recommendation for Appointment – Conservation Commission Associate Member
- Application for Change of Manager – MPG Corporation, d/b/a Rapid Refill Convenience
- Application for Change of D/B/A from Carbo’s/Desperados to Carbo’s
- Recommendation for Appointment – Shellfish Commission
- Acceptance of Resignation – Sewer Commission Member
- Letter of Interest – Sewer Commission At-Large Member
- MMR Representative Discussion
- Review & Execution of Bike Path Easements (2)
- Authorization to Deficit Spend Snow & Ice Account
MMR ISSUES
ENVIRONMENTAL OVERSIGHT COMMITTEE
EXECUTIVE SESSION
Board of Selectmen
Minutes
January 10, 2011
Present: Selectman Cook, Selectman Richardson,
Selectman Taylor, Selectman Sherman
Town Manager Joyce Mason
Absent: Selectman Cahalane
Meeting Called to Order by Chairman Cook at 6:30 p.m.
Town Hall, Conference Room #1
MINUTES:
Monday, December 6, 2010 Regular & Executive Sessions:
Discussion ensued with respect to the last sentence on page 19 which read:
The use of a development/leadership training consultant or a local representative with similar non-biased attributes and experience in the Town of Mashpee was given consideration to mediate the future workshop if deemed necessary amongst the referenced parties.
Motion made by Selectman Richardson to maintain the sentence in the above referenced minutes as printed.
Motion seconded by Selectman Sherman.
VOTE: 1-3. Motion does not carry
Roll Call Vote:
Selectman Cook, no Selectman Richardson, yes
Selectman Taylor, no Selectman Sherman, no
Opposed, (3)
Upon review, several Selectmen commented that it was the agreement for the respective boards to participate in discussion without having a consultant present.
Motion made by Selectman Taylor to strike the last sentence on page 19 from the minutes of Monday, December 6, 2010.
Motion seconded by Selectman Sherman.
VOTE: 3-1. Motion carries.
Roll Call Vote:
Selectman Cook, yes Selectman Richardson, no
Selectman Taylor, yes Selectman Sherman, yes
Opposed, (1)
APPOINTMENTS AND HEARINGS:
Public Comment:
Selectman Cook, a neighbor of the individual participating in public comment, recused herself from discussion.
Michael Lane of 49 Pleasant Park Drive indicated that he has been a homeowner in the Town of Mashpee since 1976, and announced his road; Pleasant Park Drive is on the No Plow List as a result of having potholes. At this time, a contractor is working with the Pleasant Park neighborhood to conduct necessary repairs, and there is a temporary agreement with the Department of Public Works to make the required repairs to bring the road to standard. However, the asphalt plants are now closed. Mr. Lane, in concern stated his wife has medical issues, and it is a matter of public safety to have the road cleared. It was noted the DPW made an effort to plow approximately one-half of the road after a previous storm, but did not resume plowing during the last storm which resulted in an almost
impassable and icy road.
Mr. Lane indicated that it is not unreasonable to request the Selectmen set policy to allow the residents of streets that will not be plowed, the time to react. Mr. Lane suggested that notification be given to the residents in the summer or early fall to give them a fair shake to complete necessary improvements, and that there be an appeal process. In an effort to comprise and allow flexibility on the present road situation, Mr. Lane recommended that cones or orange barrels be placed in the damaged road areas to allow the DPW to plow around the pothole areas in need of repair. Additionally, Mr. Lane stated that he sent an email to the Selectmen with respect to this regard.
The Board of Selectmen in concern agreed the take the matter under advisement.
Certification of Appreciation – Hans Fritschi:
Hans Fritschi, a former member of the Mashpee Wakeby Lake Management Committee was publicly recognized by the Board of Selectmen for his dedicated service on behalf of the Town of Mashpee. The official citation was read aloud into the record by Selectman Michael Richardson. Mr. Fritschi was a member of the Mashpee Wakeby Lake Management Committee for the past twelve years.
APPOINTMENTS AND HEARINGS:
Public Hearing – Request to Place Sign on Town Property – Stonewood Products:
The Board of Selectmen opened the Public Hearing on the application of Stonewood Products, David Frye, Applicant, 544 Main Street, Mashpee, for permission to place a sign on Town property. The Hearing notice was read aloud into the record. David Frye of Stonewood Products was in attendance for discussion purposes. It was disclosed the hearing was postponed from Monday, December 20, 2010 due to a winter snow storm.
It was also revealed that Stonewood Products was issued a sign permit by the Building Department pending approval by the Board of Selectmen and the Department of Public Works for the sign layout. The Applicant was also requested to furnish a certificate of liability for the signage which has been obtained and submitted to the Town. Catherine Laurent, Director of Public Works was in attendance and voiced approval of the sign without objection.
Mr. Frye indicated after reviewing the intended signage with the Design Review Committee, the sign was deemed too close to the road, and it has been reconfigured to be placed 6’ back from the initial location for safety reasons. Mr. Frye also reaffirmed the liability insurance as required by the DPW has been submitted to the Town.
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 Richardson.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Cook, yes Selectman Richardson, yes
Selectman Taylor, yes Selectman Sherman, yes
Opposed, none
Motion made by Selectman Taylor to approve the request of Stonewood Products to place a sign on Town property as presented on this date; January 10, 2011.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Cook, yes Selectman Richardson, yes
Selectman Taylor, yes Selectman Sherman, yes
Opposed, none
Conservation Agent:
Review of Conservation Commission Permitting Fee Structure:
Andrew McManus, Conservation Agent was in attendance to review the proposed new fee structure the Mashpee Conservation Department is proposing to reflect the average cost of conservation permitting fees in the Upper Cape surrounding towns. Mr. McManus indicated upon review of the Town’s existing fee structure, it appears the Town of Mashpee is lagging behind in fee schedule costs. The Board of Selectmen reviewed the comparison fee schedule as proposed and outlined in Mr. McManus’ memorandum to the Selectmen dated December 15, 2010 contained in the Selectmen’s informational packet. The Bureau of Resource Protection – Wetlands and Waterways form that depicted the MA DEP fee structure was distributed to the Selectmen for additional review. (enclosed)
Mr. McManus indicated to date, the Conservation Commission has not commented on the fee increases. Mr. McManus also noted the Town of Mashpee receives a percentage of the State fees charged, but the amount allocated to the Town of Mashpee was unclear.
It was agreed that additional clarification is required with respect to the proposed costs and portion of fees the Town collects from the State. The Board of Selectmen also recommended the Conservation Commission make their suggestions and request public input on the proposed increase in the fee structure. The topic will appear as a future agenda item of the Board of Selectmen.
*BRP WPA Form 3 – Notice of Intent is enclosed in the official minutes.
APPOINTMENTS AND HEARINGS:
Conservation Agent:
Review of Proposed Land Management Agreements – Boating Access:
Andrew McManus as Conservation Agent for the Town of Mashpee recommended the Town enter into agreement with the MA Department of Fishing and Boating Access for (2) Land Management Agreements. Mr. McManus indicated that by entering into agreement, the Town may be eligible to leverage funds for site improvements.
The two Land Management Agreements are for the Pickerel Cove Recreation Area which is part of the overall management/recreation plan for the conservation parcel, and for Moody Pond which will allow for the control of the current abuse of access at this conservation land parcel.
The projects under the Land Management Agreements are for car-top canoes and kayaks only, no trailers, and for non-motorized boats slated for areas that currently require open access for all. Photographs of the two pond areas depicting the launch areas were presented to the Board for additional review. (enclosed)
It was noted the Community Preservation Committee recently voted to recommend to Town Meeting, the CPA application from Mr. McManus for the Pickerel Cove Area to improve access and establish an enlarged secondary parking area to accommodate 20 cars at the subject site location. CPA funds were also voted at the recreation area to re-create a 2 acre playing field. The projects are within the scope of the Conservation Restriction (CR) imposed at the site known as the former St. Vincent’s parcel or Camp Vinhaven. Mr. McManus indicated if State funding were obtained, it would offset the CPA request. Funds if authorized by Town Meeting would be returned to the Community Preservation budget.
With regards to the Moody Pond site, it was noted that Grafton Pocknett Road accesses the site location off Back Road. Funds will be applied for through the Department of Fishing and Boating Access to create a small parking area for canoes and kayaks across from the entrance to Moody Pond. To prevent parking at the small beach area, a barrier is intended to be installed.
*Photographs of Pickerel Cove/Moody Pond; contained in official minutes.
Conservation Agent:
Review of Proposed Land Management Agreements – Boating Access:
Mr. McManus indicated the Conservation is fully supportive of the proposed Land Management Agreements, and allowing open access to all. The Land Management Agreement would enhance the resources which the Town of Mashpee has to offer.
Motion made by Selectman Taylor to approve the Land Management Agreement for the Pickerel Recreation Area and Moody Pond as presented, and pending Town Counsel’s review and approval.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Cook, yes Selectman Richardson, yes
Selectman Taylor, yes Selectman Sherman, yes
Opposed, none
DPW Director - Authorization to Deficit Spend Snow & Ice Account:
Motion made by Selectman Taylor to place the above topic on the Selectmen’s agenda.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Cook, yes Selectman Richardson, yes
Selectman Taylor, yes Selectman Sherman, yes
Opposed, none
With the pending storm, the Selectmen were requested to take action.
Motion made by Selectman Taylor to authorize the DPW to deficit spend in the Snow & Ice Account.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Cook, yes Selectman Richardson, yes
Selectman Taylor, yes Selectman Sherman, yes
Opposed, none
APPOINTMENTS AND HEARINGS:
DPW Director - Recommendation for Award of Annual Contracts:
Catherine Laurent, Director of Public Works was in attendance to recommend the Selectmen award the following contracts;
Trash & Recycling Collection:
Allied Waste, the current contractor and lowest, most responsive bidder was recommended to be awarded the contract for the collection of trash and recycling for FY2011.
Motion made by Selectman Richardson to award the FY11 contract to Allied Waste for the collection of trash and recycling as recommended.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Cook, yes Selectman Richardson, yes
Selectman Taylor, yes Selectman Sherman, yes
Opposed, none
Rental of Portable Toilets:
Selectman Taylor, in conflict stepped down for the award of contract for the rental of portable toilets.
Motion made by Selectman Richardson to award the contract of portable toilets for FY11 to Bouse House Enterprises, Inc., the sole bidder.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 3-0.
Roll Call Vote:
Selectman Cook, yes Selectman Richardson, yes
Selectman Taylor, abstained Selectman Sherman, yes
Opposed, none
DPW Director – Recommendation for Award of Annual Contracts:
Catch Basin Cleaning:
The DPW Director recommended the Board award the annual contract for the cleaning of catch basins on Town roads and properties to Leo Vigeant Co., Inc., the lowest, responsive bidder.
Motion made by Selectman Richardson to award the contract for the cleaning of catch basins in FY11 to Leo Vigeant Co., Inc.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Cook, yes Selectman Richardson, yes
Selectman Taylor, yes Selectman Sherman, yes
Opposed, none
COMMUNICATIONS & CORRESPONDENCE:
Falmouth Planning Board – District of Critical Planning Concern (DCPC) for Wind Energy:
At their meeting of November 30, 2010, the Falmouth Planning Board voted to request the County Commissioners consider nominating the Upper Cape towns of Bourne, Falmouth, Mashpee, and Sandwich as District of Critical Planning Concern (DCPC) for Wind Energy. Correspondence was received from the Chair of the Falmouth Planning Board dated December 7, 2010 with respect to this regard.
For informational purposes, late filed communication was received from Mark Zielinski of the Barnstable County Commissioners dated January 3, 2011 which was presented to the Selectmen for additional review. (enclosed)
The Assembly of Delegates has recently debated this request, and proposed that a Cape-wide DCPC on Wind Energy be developed. The Barnstable County Commissioners are awaiting the Cape Cod Commission’s response to this proposal which may negate the need for the Upper Cape request. The Commissioners have also requested the Falmouth Planning Board seek the support of their board of Selectmen, and that each of the Boards of Selectmen in the other Upper Cape towns be consulted for any DCPC Wind Energy designation.
*Attachment from Barnstable County Commissioners in official minutes.
COMMUNICATIONS & CORRESPONDENCE:
Sign Bylaw Review Committee:
Due to its complexity, the Sign Bylaw Review Committee has requested direction from the Board of Selectmen relative to the intended bylaw and its regulation process. The proposed sign bylaw expected to be completed for the October Town Meeting is recommended to derive under the Town’s general bylaw versus the zoning bylaw for enforcement and to ensure all signage is conforming.
It was agreed the matter would be placed on the Selectmen’s agenda of January 24, 2011 for additional review.
School Committee Discussions:
Selectman Taylor met on a one-on-one setting with School Committee Chair Richard Bailey to begin the foundation of discussions relative to the improvement of School and Town relationships. The matter was recently reviewed with the School Committee at the Selectmen’s December 6, 2010 meeting.
Mashpee Food Pantry Relocation:
Selectman Richardson announced the relocation of the Mashpee Food Pantry from its present site location in Sandwich at a local church to a site owned by the Willowbend Country Club on Bowdoin Road, Mashpee. Rent and utilities for the pantry will be donated by Willowbend. Lynda Carroll, food pantry director was noted to be pleased with offer of David Wood, representing Willowbend for the temporary food pantry space.
Library Trustee/Letter of Interest – Recommendation for Appointment:
It was agreed the Library Trustee/Letter of Interest and recommendation for appointment would be placed on the Selectmen’s agenda of January 24, 2011.
NEW BUSINESS:
Acceptance of Resignation – Conservation Commission Member:
Recommendation for Appointment – Conservation Commission Associate Member:
The Selectmen were in receipt of a letter of resignation from Jeffrey Cross as a full-time member of the Conservation Commission. In his letter, Mr. Cross expressed his willingness to be appointed as an Associate Member of the Conservation Commission.
Motion made by Selectman Richardson to accept the resignation of Jeffrey Cross as a full-time member of the Conservation Commission.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Cook, yes Selectman Richardson, yes
Selectman Taylor, yes Selectman Sherman, yes
Opposed, none
Motion made by Selectman Richardson to appoint Jeffrey Cross as an Associate Member of the Conservation Commission.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Cook, yes Selectman Richardson, yes
Selectman Taylor, yes Selectman Sherman, yes
Opposed, none
The full-time vacancy of the Conservation Commission shall be duly advertised.
NEW BUSINESS:
Application for Change of Manager – MPG Corporation, d/b/a Rapid Refill Convenience:
An application was before the Selectmen to approve the Change of Manager of the MPG Corporation d/b/a Rapid Refill Convenience from Susan Carvalho to Peter Garrett. The ABCC petition was included in the Selectmen’s informational packet for review.
Mr. Garrett was in attendance to review the change with members of the Board of Selectmen. There was no additional comment.
Motion made by Selectman Taylor to approve the Change of Manager of MPG Corporation d/b/a Rapid Refill Convenience from Susan Carvalho to Peter Garrett.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Cook, yes Selectman Richardson, yes
Selectman Taylor, yes Selectman Sherman, yes
Opposed, none
Application for Change of D/B/A from Carbo’s/Desperados to Carbo’s:
The Board was in receipt of an additional application from Edmund Richardi dated January 5, 2011 to change the d/b/a of Carbo’s/Desperado’s to Carbo’s Grille and Bar. All else remains the same.
Motion made by Selectman Richardson to approve the Change of D/B/A from Carbos/Desperados to Carbo’s Grille & Bar.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Cook, yes Selectman Richardson, yes
Selectman Taylor, yes Selectman Sherman, yes
Opposed, none
NEW BUSINESS:
Recommendation for Appointment – Shellfish Commission:
Correspondence was received from the Shellfish Commission dated November 9, 2010 recommending the appointment of William Holmes as a new Shellfish Commissioner to fill the recent vacancy. A letter of interest from Mr. Holmes dated November 1, 2010 was included in the request for appointment. Mr. Holmes is a commercial permit holder.
Motion made by Selectman Richardson to appoint William Holmes as Shellfish Commissioner for a term to expire June 30, 2011.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Cook, yes Selectman Richardson, yes
Selectman Taylor, yes Selectman Sherman, yes
Opposed, none
Acceptance of Resignation – Seer Commission Member:
A letter of resignation was received from Burton Kaplan dated December 6, 2010 resigning from his appointment as an at-large member of the Mashpee Sewer Commission.
Motion made by Selectman Sherman to accept the resignation of Burton Kaplan from the Sewer Commission with regret.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Cook, yes Selectman Richardson, yes
Selectman Taylor, yes Selectman Sherman, yes
Opposed, none
Letter of Interest – Sewer Commission At-Large Member:
Joyce Hosford submitted a letter of interest to serve on the Sewer Commission dated December 22, 2010.
As with Selectmen’s policy, the vacancy will be duly advertised for two weeks. The letter of interest will be forwarded to the Sewer Commission.
Agenda topic of discussion: January 24, 2010.
MMR Representative Discussion:
It was noted that former Board of Selectmen member Chuck Green has expressed an interest to serve as the Town’s representative to the MMR.
Mr. Green was the previous representative for the Town of Mashpee. Presently, Selectman Richardson serves as the liaison to the MMR.
Motion made by Selectman Taylor to appoint Chuck Green as the Town of Mashpee’s representative to the MMR.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Cook, yes Selectman Richardson, yes
Selectman Taylor, yes Selectman Sherman, yes
Opposed, none
Review & Execution of Bike Path Easements (2):
Two bikepath easements on Job’s Fishing Road were presented to the Selectmen for execution.
Motion made by Selectman Taylor to execute the (2) Bikepath Easements on Job’s Fishing Road as presented, pending Town Counsel’s confirmation that Town Meeting approval is not required.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Cook, yes Selectman Richardson, yes
Selectman Taylor, yes Selectman Sherman, yes
Opposed, none
LIASION REPORTS:
Treasurer/Tax Collector – Paying Taxes Online:
It was agreed the process by which residents may pay taxes online as it relates to service fees assessed for the use of credit card payment would be a topic of discussion at the next financial team meeting.
COMMUNICATIONS & CORRESPONDENCE:
Labor Counsel – Meeting:
In response to the Request for Proposal, four firms have replied. A meeting will be arranged to conduct interview with the perspective candidates seeking to become Labor Counsel.
Adjournment:
Motion made by Selectman Sherman to adjourn at 7:35 p.m.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Cook, yes Selectman Richardson, yes
Selectman Taylor, yes Selectman Sherman, yes
Opposed, none
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
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