AGENDA
BOARD OF SELECTMEN
MONDAY, FEBRUARY 14, 2011
6:30 p.m. - Convene Meeting – Conference Room 1 – Mashpee Town Hall
MINUTES
Approval of the following:
Monday, January 24, 2011 Regular & Executive Sessions
APPOINTMENTS & HEARINGS
6:30 Public Comment
6:40 Library Board of Trustees – Joint Appointment of Trustee Member
COMMUNICATIONS & CORRESPONDENCE
- Barnstable County Ad-Hoc Committee on Risk Analysis Vegetation Management
- Proposed Resolution – No-Spray Pesticide-Free Policy
OLD BUSINESS
- Review of Conservation Commission Permitting Fee Structure
NEW BUSINESS
- Request of Mashpee Wampanoag Rod & Gun Club – One-Day License – March 19, 2011
- Proposed Road Conversion – Sandy Fox Drive and Fox Hill Road (#4-#23)
- Recycling Committee Membership & Recommendation for Appointment
- Resolution in Support of Updating the Bottle Bill
- Request of Cape Cod Rowing, Inc. – Youth Rowing Race on May 8, 2011
- Acceptance of Proposal – Labor Counsel – Louison Costello Condon & Pfaff LLC
- Acceptance of Proposal – Affordable Housing – Habitat for Humanity
- Ballot Question Discussion – Trash Disposal Options
- Fire Department Management RFP – Next Steps
- Comprehensive Water and Nutrient Management Plan Citizens Advisory Committee – Mashpee Representative
- Recommendation for Appointment – Affordable Housing Committee
ADDITIONAL TOPICS
(This space is reserved for topics that the Chairman did not reasonably anticipate would be discussed)
- Taylor Family Restaurant – Request to Close for Renovations
LIAISON REPORTS
EXECUTIVE SESSION
- Cable Contract Negotiation
Board of Selectmen
Minutes
February 14, 2010
Present: Selectman Cook, Selectman Cahalane, Selectman Richardson,
Selectman Taylor, Selectman Sherman
Town Manager Joyce Mason
Meeting Called to Order by Chairman Cook at 6:30 p.m.
Town Hall, Conference Room #1
MINUTES:
Monday, January 24, 2011 Regular & Executive Session:
Motion made by Selectman Cahalane to approve the Regular and
Executive Session minutes of Monday, January 24, 2011 as presented.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cook, yes Selectman Cahalane, yes
Selectman Richardson, yes Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
APPOINTMENTS AND HEARINGS:
Public Comment:
James Leonard of Walton Heath Way urged the Selectmen to postpone any decisions on the Risk Analysis Vegetation Management and proposed resolution relative to a No-Spray Pesticide-Free Policy until further review. Mr. Leonard informed the Board the Barnstable County Commissioners have not yet reviewed nor approved the Ad-Hoc Report, and that NStar has not finalized the spray program.
In concern, Mr. Leonard indicated that eleven of thirteen Cape towns have passed a resolution formerly opposing NStars herbicide plan.
Peter White spoke in favor of the No-Spray Pesticide-Free Policy, and recommended that Mashpee as a Green Community take a leadership role by taking no pesticides in Mashpee. Mr. White suggested the phrasing “Don’t Spray on Me” from the wording “Don’t Tread On Me”.
The Selectmen took the matter under advisement at this time.
OLD BUSINESS:
Review of Conservation Commission Permitting Fee Structure:
Due to scheduling conflicts, the Selectmen agreed to defer the review of the Conservation Commission permitting fee structure to March. It was suggested that previous information relative to the fee schedule be included in the Selectmen’s material packet in addition to the Conservation Commission’s position on this matter.
NEW BUSINESS:
Request of the Mashpee Rod & Gun club – One-Day License – March 19, 2011:
Courtenay Mills, Mashpee Rod & Gun Club was in attendance to request the Selectmen approve the use of their liquor license on March 19, 2011. Correspondence was remitted by the Rod & Gun Club dated January 26, 2011 with respect to this regard.
Motion made by Selectman Taylor to approve the request of the Mashpee Rod & Gun Club to use their Liquor License on the date of March 19, 2011.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cook, yes Selectman Cahalane, yes
Selectman Richardson, yes Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
NEW BUSINESS:
Proposed Road Conversion – Sandy Fox Drive and Fox Hill Road (#4-#23)
In accordance with a vote of the May 1999 Annual Town Meeting, the Board of Selectmen reviewed the proposed road conversion of Sandy Fox Drive and Fox Hill Road (#4-23). The petition included Sandy Fox Drive and Fox Hill Road.
It was disclosed that an amendment was made on Town Meeting floor in May of 1999 to include David Way, an undeveloped road in the conversion. It was noted that David Way was part of the original subdivision, but it was never constructed. If David Way were added to the road conversion, the additional estimated cost is $55,000. The cost would be assessed as betterments to the property owners of Sandy Fox Drive and Fox Hill Road.
Catherine Laurent, Director of Public Works was present for discussion purposes. It was noted there are no residences on David Way or lots having access to David Way. Ms. Laurent deemed David Way as a paper street. As a result, the Police and Fire Departments do not foresee the need to construct the road for emergency purposes. Ms. Laurent recommended the Selectmen consider excluding David Way from the proposed road conversion.
Motion made by Selectman Richardson to approve the proposed Road Conversion of Sandy Fox Drive and Fox Hill Road (#4-#23) excluding David Way based on discussion, and pending Town Counsel’s approval.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cook, yes Selectman Cahalane, yes
Selectman Richardson, yes Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
NEW BUSINESS:
Recycling Committee Membership & Recommendation for Appointment:
Correspondence was received from the DPW Director dated January 19, 2011 relative to the membership of the Recycling Committee. The original membership of the Recycling Committee includes;
2 at-large members, 1 representative of residential condominiums, 1 representative from the Board of Health, and 1 representative from the business community.
For the past five years, the Recycling Committee has not seen representation from the Board of Health and the business community. To achieve quorum and a full structure, the membership was recommended to be changed to (5) at-large members. Two individuals, Marion Baker and Jonathan Leavitt were suggested for appointment. It was noted the referenced candidates have been attending the meetings, and were both active in the Go Single educational campaign.
For the purpose of seeking additional clarification, it was agreed the matter would be deferred to the February 28th meeting.
Resolution in Support of Updating the Bottle Bill:
For the Selectmen’s review, was a draft resolution in support of an updated Bottle Bill. The proposed bill would extend the refundable deposit to include non-carbonated beverages such as water, juice, and sports drinks, etc. The Bill would exclude milk and alcohol.
It is the recommendation of the DPW and Recycling Committee for the Board of Selectmen to support the update to the Massachusetts Bottle Bill, House Docket 263 and Senate Docket 45.
Motion made by Selectman Cahalane; The Town of Mashpee supports the Resolution of updating the Bottle Bill; House Docket 263 and Senate Docket 45 as presented.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cook, yes Selectman Cahalane, yes
Selectman Richardson, yes Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
APPOINTMENTS AND HEARINGS:
Library Board of Trustees – Joint Appointment of Trustee Member:
The Board of Selectmen met in joint convention with the Library Board of Trustees for the purpose of appointing a Library Trustee Member. In attendance were David Burton, Nancy Soderberg, Pat Gamache, John Kowalski, Jane Dolan and Carlo D’Este.
Motion made by Mr. Burton to nominate Sandy Lahart as Library Trustee to fill the unexpired term of Dianna Smith.
Motion seconded by Ms. Nolan.
VOTE: Unanimous. 11-0.
Roll Call Vote:
Mr. Burton, yes Ms. Soderberg, yes
Ms. Gamache, yes Mr. Kowalski, yes
Ms. Nolan, yes Mr. D’Este, yes
Selectman Cook, yes Selectman Cahalane, yes
Selectman Richardson, yes Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
NEW BUSINESS:
Request of Cape Cod Rowing, Inc. – Youth Rowing Race on May 8, 2011:
Penny Blackwell was in attendance to address questions regarding the Youth Rowing Race on May 8, 2011 an event sponsored by the Cape Cod Rowing organization at John’s Pond. Approximately 100 participants are anticipated to attend. It was noted the event has been held on a yearly basis in Mashpee without incident.
Motion made by Selectman Richardson to approve the request of Cape Cod Rowing to schedule a Youth Rowing Race on May 8, 2011 as referenced.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cook, yes Selectman Cahalane, yes
Selectman Richardson, yes Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
NEW BUSINESS:
Acceptance of Proposal – Labor Counsel – Louison, Costello, Condon, & Pfaff LLC:
To follow up on a vote taken in Executive Session on January 24, 2011, the Selectmen took the following action;
Motion made by Selectman Cahalane to ratify the acceptance of the proposal for Labor Counsel from Louison, Costello, Condon & Pfaff, LLC.
Motion seconded by Selectman Richardson.
VOTE: 4-1. Motion carries.
Roll Call Vote:
Selectman Cook, yes Selectman Cahalane, yes
Selectman Richardson, yes Selectman Taylor, no
Selectman Sherman, yes Opposed, (1)
Acceptance of Proposal – Affordable Housing – Habitat for Humanity:
Habitat for Humanity of Cape Cod submitted an affordable housing proposal in response to the Selectmen’s Request for Proposal for the development of one single family affordable housing unit on each of the parcels of Town owned land, for a total of (3) housing units on Park Place Way and Tri-Town Circle in the Town of Mashpee.
Motion made by Selectman Richardson to accept the proposal received from Habitat for Humanity of Cape Cod to develop (3) units of affordable housing on land on Park Place Way and Tri-Town Circle, Mashpee.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cook, yes Selectman Cahalane, yes
Selectman Richardson, yes Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
NEW BUSINESS:
Ballot Question Discussion – Trash Disposal Options:
Discussion followed with respect to a vote of the Board of Selectmen on November 15, 2010 to place a non-binding Ballot Question on the May 2011 Election Ballot asking voters to determine which trash collection option is now preferred. The options include; curbside collection, the PAYT program and status quo. The Board of Selectmen was in unanimous support to move forward with the non-binding Ballot Question.
It was determined the Recycling Committee would have input with regards to the wording of the Ballot Question which would be reviewed to form by Town Counsel. In addition, it was agreed there is ample time prior to May to conduct an educational campaign on options under consideration for the disposal of waste.
It was noted that bids for curbside collection are due on February 23, 2011. The Town’s contract with SEMASS is due to expire at the end of 2014.
Fire Department Management RFP – Next Steps:
It was announced the bid deadline for a Fire Department Management Study was January 24, 2011. Proposals were received from Municipal Resources, Inc. of Meredith, NH, D.I. Jacobs Consulting Company of Holden, MA, Matrix Consulting Group of Andover, MA and Resource Management Associates of Tinley Park, IL.
It was agreed a sub-committee consisting of the Town Manager, the Selectmen liaison, and Human Resource Director would interview the three firms within close proximity to Mashpee. If it is warranted, the Illinois firm would be contacted. In accordance with the interviews, the firms would be ranked, and recommendations would be submitted to the full Board of Selectmen.
NEW BUSINESS:
Comprehensive Water and Nutrient Management Plan Citizens Advisory Committee – Mashpee Representative:
Due to scheduling conflicts, Selectman Richardson, Mashpee’s representative to the Comprehensive Water & Nutrient Management Plan Citizens Advisory Committee is unable to attend meetings that conflict with Selectmen’s Meetings. As a result, the Selectmen were requested to consider an alternate member.
The Town Manager was requested to consult the Sewer Commission with respect to representation.
Recommendation for Appointment – Affordable Housing Committee:
Correspondence was received from the Affordable Housing Committee dated February 10, 2011 recommending the appointment of Fred Detschel to fill the vacant seat on the committee. A letter of interest from Mr. Detschel was attached to the recommendation for appointment.
Motion made by Selectman Richardson to appoint Fred Detschel to the Affordable Housing Committee.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cook, yes Selectman Cahalane, yes
Selectman Richardson, yes Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
Taylors Family Restaurant – Request to Close for Renovations:
Motion made by Selectman Taylor to place the above topic on the Selectmen’s agenda.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cook, yes Selectman Cahalane, yes
Selectman Richardson, yes Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
Late filed communication was received from Ellen Taylor of Taylors Family Restaurant dated February 11, 2011 requesting to close from February 11, 2011 through April 1, 2011 for annual cleaning and to develop new menus.
Motion made by Selectman Taylor to approve the request of Taylors Family Restaurant to close from February 11, 2011 through April 1, 2011 for annual cleaning.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cook, yes Selectman Cahalane, yes
Selectman Richardson, yes Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
COMMUNICATIONS & CORRESPONDENCE:
Barnstable County Ad-Hoc Committee on Risk Analysis Vegetation Management:
Proposed Resolution – No-Spray Pesticide-Free Policy:
The (2) above referenced topics were deferred to the next meeting.
LIAISON REPORTS:
School Committee:
It was noted the School Committee cancelled this week’s finance meeting.
At their last meeting, the School Committee voted to maintain a budget of $18,887,000. The vote was 4-1 in favor although this may not be their final budget number.
Affordable Housing Committee:
With regards to the proposed affordable home to be built on Russell Road, it was disclosed the Zoning Board of Appeals has requested additional clarification with regards to the lot configuration.
Library:
Contracted employees are expected to receive computer training next week. With a staffing shortage and delays in getting contact labor in place, the Library Board of Trustees and staff members have been very cooperative in addressing a difficult situation.
Adjournment:
Motion made by Selectman Taylor to adjourn at 7:18 p.m.
The Board will enter into Executive Session at this time for the purpose of discussing contract negotiations. The Board will not reconvene in Open Session.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cook, yes Selectman Cahalane, 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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