AGENDA
BOARD OF SELECTMEN
MONDAY, MARCH 14, 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 (Amended)
Monday, February 28, 2011 Regular Session
Monday, March 7, 2011 Regular Session
APPOINTMENTS & HEARINGS
6:30 Public Comment
6:40 Public Hearing – Seasonal Liquor License Renewals
Seasonal Population
6:45 Public Hearing – Richard Cook, Application for New One Acre Shellfish Grant –
Popponesset Bay
6:55 Public Hearing – Richard Cook, Renewal of Shellfish Grant – Ockway Bay and
Request to Float Oyster Cages on the Site
7:00 Public Hearing – Capital Improvement Program
7:10 Joint Meeting – Finance Committee
- Fy2012 Budget Review
- May Town Meeting Warrant Review
COMMUNICATIONS & CORRESPONDENCE
- Chief Baker – Wildfire Mitigation
OLD BUSINESS
- Review of Conservation Commission Permitting Fee Structure
- Proposed Resolution – No-Spray Pesticide-Free Policy
NEW BUSINESS
- Request to Update Sticker Policy
- Request to Increase Beach Sticker Fees
- Recommendation for Reappointment – Mashpee Representative to Cape Cod Commission (3-year appt)
- Request to Fill Vacancy – Library Director
- Appointment to the Waquoit Bay Reserve Advisory Committee
- Appointment to the Cape Cod Solid Waste Contract Advisory Committee – One Member and One Alternate Member
ADDITIONAL TOPICS
(This space is reserved for topics that the Chairman did not reasonably anticipate would be discussed)
1) Award of Contract – DPW Pickup Truck
LIAISON REPORTS
EXECUTIVE SESSION
Board of Selectmen
Minutes
March 14, 2011
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, December 6, 2010 Regular & Executive Sessions: (Amended)
Motion made by Selectman Cahalane to approve the Regular & Executive Session minutes of Monday, December 6, 2010 as amended.
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
Monday, February 28, 2011 Regular Session:
Motion made by Selectman Richardson to approve the Regular Session minutes of Monday, February 28, 2011 as presented.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 4-0-1.
Roll Call Vote:
Selectman Cook, yes Selectman Cahalane, abstained
Selectman Richardson, yes Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
MINUTES:
Monday, March 7, 2011 Regular Session:
Motion made by Selectman Cahalane to approve the Regular Session minutes of Monday, March 7, 2011 as presented.
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
APPOINTMENTS & HEARINGS:
Public Comment: None at this time.
COMMUNICATIONS & CORRESPONDENCE:
Chief Baker – Wildfire Mitigation:
George Baker, Fire Chief was in attendance to update the Selectmen on planned wildfire mitigation in the Mashpee National Wildlife refuge through grant funding from the U.S. Fish & Wildlife.
An area within the National Wildlife Refuge located at the intersection of Holland Mills Road and Great Hay Road is earmarked for the controlled burn, an estimated 17 acres. Chief Baker indicated that grant funding was obtained to protect a rare rabbit habitat in this section of the pine barren.
The controlled burn in the wildfire mitigation process is expected to take place in June or in the late fall dependent upon favorable weather conditions.
OLD BUSINESS:
Proposed Resolution – No-Spray Pesticide-Free Policy:
Although NSTAR agreed to extend a voluntary moratorium on Cape herbicide spraying through 2011, the Selectmen agreed to support a Resolution that would request NSTAR to not spray herbicides along the rights-of-way in Mashpee and commit to a no-spray, pesticide-free policy of vegetation management on Cape Cod & the Islands.
Motion made by Selectman Cahalane to support the Resolution, and take a position against the spraying of herbicides in the Town of Mashpee.
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:
Request to Update Sticker Policy:
The Board of Selectmen conducted their annual review of the Permits/Passes for the Mashpee Transfer Station, Beaches and Boat Ramps. The amended policy before the Board incorporated boat ramps as a new permitted/pass item, the new website information for the Town, wording pertaining to the Recreation Department previously known as Leisure Services, and the cost of Transfer Station permits purchased after January 1st contained in bullet #8.
It was agreed the document would be amended in bullet #8 to include the monetary amount which would be rounded to the full dollar amount for ease of payment.
Motion made by Selectman Cahalane to approve the Policy for the Purchase and Use of Permits/Passes for the Mashpee Transfer Station, Beaches and Boat Ramps as amended.
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
Request to Increase Beach Sticker Fees:
Gus Frederick, the Recreation Director was in attendance to request the Selectmen consider increasing the Beach Sticker Fees for the upcoming summer beach season. Mr. Frederick indicated the fees have not been increased since 2005. The recommended rates are as follows:
Present Rate Recommended Rate
Resident Beach Parking Sticker $25 $30
Weekly Parking Rate $40 $50
Motion made by Selectman Cahalane to accept the Beach Sticker Fee increase as presented.
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
APPOINTMENTS & HEARINGS:
Public Hearing – Seasonal Liquor License Renewals:
Cooke’s – 7 Ryan’s Way
Raw Bar – Popponesset Marketplace, Shore Drive
Marketplace Café/Bob’s Seafood – 259 Rock Landing Road
Popponesset Country Store – 259 Rock Landing Road
Selectman Wayne Taylor in conflict with the above referenced hearing stepped down for this matter.
The Board of Selectmen acting as the Licensing Authority for the Town of Mashpee opened the Public Hearing on the renewal of all seasonal liquor licenses in the Town of Mashpee. In accordance with posting requirements, the Public Hearing notice was read into the record.
Correspondence was received from Kathleen Moore Administrative Assistant dated March 10, 2011 advising the Selectmen of the following;
- Cooke’s has met all fee, tax, and inspection requirements.
- Marketplace Café, Raw Bar and the Popponesset Country Store
has met all fee and tax requirements and are in the process of scheduling inspections.
The Selectmen opened the Hearing to obtain comment. Being none, the Board motioned to close the Public Hearing.
Motion made by Selectman Richardson to close the Public Hearing.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Cook, yes Selectman Cahalane, yes
Selectman Richardson, yes Selectman Taylor, absent
Selectman Sherman, yes Opposed, none
Motion made by Selectman Richardson to renew the Seasonal Liquor License of Azzaro Mashpee, Inc. d/b/a Cooke’s.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Cook, yes Selectman Cahalane, yes
Selectman Richardson, yes Selectman Taylor, absent
Selectman Sherman, yes Opposed, none
Motion made by Selectman Richardson to renew the Seasonal Liquor Licenses of;
Kassandra Bucuvalas d/b/a The Country Store
L.N.R.R. Corp. d/b/a Marketplace Café/Bob’s Seafood
Raw Bar, Inc. d/b/a Raw Bar
The licenses as referenced and renewed are contingent upon the passing of required inspections.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Cook, yes Selectman Cahalane, yes
Selectman Richardson, yes Selectman Taylor, absent
Selectman Sherman, yes Opposed, none
Seasonal Population:
Correspondence was received from the Planning Department dated February 4, 2011 relative to the Summer Population for July 10, 2011. Upon review, the estimate for submission to the Alcoholic Beverages Control Commission is 33,810.
Motion made by Selectman Cahalane to support the estimated Summer Population projection of 33,180 for July 2011 as described by the Planning
Department.
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
NEW BUSINESS:
Recommendation for Reappointment – Mashpee Representative to Cape Cod Commission (3-year appointment):
A letter of interest dated March 7, 2011 was received from Ernest Virgilio to be reappointed to the Cape Cod Commission. Mr. Virgilio has served as Mashpee’s representative for the past 13 years. His term expires in April of 2011.
Motion made by Selectman Richardson to endorse the re-appointment of Ernest Virgilio to the Cape Cod Commission for a three year term.
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:
Request to Fill Vacancy – Library Director:
A Position Vacancy Request was before the Board for the position of Library Director to the Mashpee Public Library. The position is requested by the Library Board of Trustees to replace Helene DeFoe, the former Library Director. The date of the vacancy was February 1, 2011. Joyce Mason, the Town Manager recommended approval of this much needed position. In the event of budgetary constraints, Mrs. Mason indicated that an emergency fund transfer would be requested from the Finance Committee to provide funding assistance if required.
Motion made by Selectman Cahalane to approve the Position Vacancy Request for Library Director.
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
Public Hearing – Richard Cook, Application for New One Acre Shellfish Grant – Popponesset Bay:
Citing a conflict of interest, Selectman Theresa Cook recused herself as sister-in-law of the applicant, and Selectman Michael Richardson also recused himself after discussions with Town Counsel. Selectmen Cahalane as Vice-Chair presided.
The Board of Selectmen opened the Public Hearing on the application filed on February 22, 2011 by Richard J. Cook Jr., 135 West Way, Mashpee for a (1) acre shellfish grant in Popponesset Bay; yellow buoys will be deployed at all corners; oyster cages will consist of black vinyl coated wire mesh cages 4’x4’ maximum, with a maximum number of 3,000 at no more than 18” off bottom covering the one acre site.
In accordance with posting procedures, the Hearing notice was read aloud into the record. Richard Cook, the applicant was in attendance with his counsel Attorney Kevin Kirrane.
On behalf of his client, Attorney Kirrane indicated that Mr. Cook has operated a shellfish grant in Ockway Bay since 1983 without complaint. It was described the applicant is seeking to operate a commercial shellfish farm off Popponesset Island, an additional location for shellfish farming with a deeper water depth to grow oysters. Deep waters allow for the oyster cages to be submerged. In shallow waters, the cages tend to sink and the oyster seedlings submerge into the mud and suffocate. It was explained the objective is to allow the seedlings to grow in deep waters during the winter months.
Attorney Kirrane noted the location of the bed has been approved by the Waterways Commission for navigation. It was determined the shellfish beds would not interfere with the natural process of oyster beds and boat navigation. Mr. Kirrane also stated that it is not his client’s intent to create issues with the area neighbors. The cages would be located approximately 15”-18” off the bottom. With the exception for extremely low tides, the cages would be invisible except for the buoys that mark the navigation of boats.
Attorney Kirrane added this practice is an environmentally friendly industry. Each oyster is able to filter up to 50 gallons of water. He stated that it is the type of operation that should be promoted when possible.
In his letter of February 22, 2011, Mr. Cook indicated that he intends to grow oyster, quahogs and possibly scallops. The only shellfish existing on the site which consists of clean sand is a limited amount of quahogs.
The Board of Selectmen opened the Hearing to solicit comment, and requested input from State or Town Officials first.
Waterways Commission Chair Ken Bates indicated that it is a requirement of the application to have a letter from the abutter stating his or her approval of the project.
Peter Thomas, Vice-Chair of the Shellfish Commission announced the unanimous vote of his committee on March 8, 2011 to support the shellfish grant in Popponesset Bay. Mr. Thomas indicated the area does not have a shellfish resource; it lies within a 150’ buffer zone, and does not present a hazard to navigation. It was also noted the applicant has operated a shellfish farm in Ockway Bay for the past thirty years without incident.
The Selectmen were in receipt of a letter of opposition from Charles Clough, Jr. of 211 Daniels Island Road Mashpee dated March 2, 2011.
Ryan Wall of Troy Wall Associates was in attendance representing Leslie Caffyn of 10 Popponesset Island Road who is opposed to the above referenced application. Attorney Wall presented correspondence to the Selectmen dated March 14, 2011 with respect to this regard. (Enclosed in the official office copy)
Mr. Wall indicated that Ms. Caffyn’s home lies at the base of the peninsula. Within the grant area, Mr. Cook proposes to install 3,000 shellfish aquaculture cages. Each cage consists of three racks separated from the bottom and from each other with spacers. The 4’x4’ cages, 18” in height are intended to be placed in rows separated by approximately 2’ that will occupy nearly 50,000 square feet of bottom. An estimated 1,000 oysters will be grown in each cage totaling 3,000,000 oysters in the grant area. The grant area is approximately 30’ offshore from the edge of the marsh, 120’ wide and 360+/- long.
Attorney Wall disagreed the cages would be invisible. He stated that approximately ½ of the grant area would be exposed at every low tide cycle. The remainder of the grant area would be exposed once a month. That equates to 1,000 at every low tide and 2,000 protruding monthly at extremely low tide.
Mr. Wall indicated that Ms. Caffyn is vehemently opposed to the proposal, and does not intend to send a letter in support of the project.
Mr. Wall stated the applicant desires a license for up to 10 years at a cost of $25 per year. By law, the license can be conferred, but it is not intended to interfere with the private rights of property.
Right now, Ms. Caffyn was noted to enjoy the views, the privacy, tranquility, the private beach and water access. Mr. Wall indicated that he obtained two real estate opinions, and both firms conveyed the shellfish grant may have detrimental effect on the property value. As a result, Ms. Caffyn may file a tax abatement, and if other neighbors did the same, it would have a financial impact on the Town. It was also noted that Ms. Caffyn has young children in adolescence, and the shellfish cages may present an attractive nuisance. Also, in the event of a storm, Mr. Cook would not have the right to access her beach to collect the cages.
Also in re-buff, Mr. Wall indicated that oysters return waste into the water. Three million oysters generate approximately 150 tons of waste per year.
For additional clarification, Richard York, Mashpee’s Shellfish Constable indicated that he conducted an analysis of the subject site, and in his opinion, the inner half of the site on the shoreward side is 18” in extreme low water. The inner quarter is 18”, and would be exposed approximately ½ of the time. Mr. York in favor of oyster shellfish culture indicated that 1 million oysters in his shellfish propagation program has removed ½ ton of nitrogen. If Mr. Cook removes another ½ ton, it would be helpful to the bay, as the Town is required to remove 13 tons of nitrogen from the Popponesset Bay system.
Ken Bates added the primary concern of the Waterways Commission is the Town waterways and the improvement of water quality. It was suggested that if the property owner plans to build a dock, that Mr. Cook relocate and condense his operation.
Steve Bell, 45 Popponesset Island Road indicated there was little time to poll the neighborhood. However, as president of the Popponesset Island homeowners association, he is not supportive of the project, and requested the area remain in its natural state.
Richard Lawless of 161 Daniel’s Island Road stated he is opposed to the project. Many of the Daniel’s Island residents were polled, and expressed their opposition as well. Mr. Lawless noted he has young children. His family kayaks daily. It is a beautiful place and totally within a residential area. Mr. Lawless indicated the shellfish grant would be detrimental to property values, and indicated if the grant were accepted, he would seek an abatement.
Jean Pierre Sanchez 169 Daniel’s Island indicated he has been a resident for the past 31 years. The area is very congested with river traffic. Mr. Sanchez noted there is a sandbar in the middle and with the shellfish grant, there is bound to be an accident. As a resident, he is opposed to the proposal.
Robin Glasior, a legal advisor for the Kraft Group was in attendance to voice objection on behalf of the Kraft’s of 16 and 24 Popponesset Island Road and also for Dr. Barry and Judy Miller on 8 Popponesset Island Road as well as the Weingeroff’s on 141 Daniel’s Island Road.
Dr. Jacqueline Fields was present on behalf of her family, Warren and Kim Fields who were unable to attend tonight’s hearing. Dr. Fields read a memo from her son strongly objecting to the commercial shellfish farming operation as this type of commercial venture lies within a residential area. Mr. Fields has small children, and is concerned with the value of his property. It is a very natural and unspoiled area, and the cages exposed to each low tide would diminish property values. Mr. Fields requested the Town deny the application as real estate taxes in this area are significant.
Michael Ronhock of 82 Sunset Circle voiced his support of any aquaculture in the Town of Mashpee. Mr. Ronhock explained that it is good for the bays, and commercial shellfishing is positive.
Gordon Vanderbrug of 181 Daniel’s Island Road cited opposition as it relates to noise and visual impact. He is also an avid kayaker, and he stated the shellfish grant would diminish property values. Mr. Vanderbrug indicated his family rafts in the area as well. He urged the Town to reject the proposal.
Al Wickel endorsed the endeavors of Mr. Cook. Mr. Wickel stated that he has seen improvement in water quality. He applauded the entrepreneur spirit of Mr. Cook as fishing was a part of the way of life long before we were here. It was noted that Mr. Cook’s grant is approximately 25’ offshore, and it should not interfere with kayakers or boating. Mr. Wickel explained that it is necessary for the Army Corps of Engineers to be involved in the process before the grant is passed.
Jeffrey Tomchik of 20 East Way stated that he understands the views that have been discussed. However, Mr. Tomchik stated that aquaculture is wonderful. He would take the noise of an oyster in lieu of a jet ski. Mr. Tomchik voiced support for the shellfish farm.
Mr. Ronhock asked of the physical site and size of the grant. In response, Mr. York indicated Mr. Cook is allowed to use the entire subject area if he is licensed. Mr. York indicated it is also necessary for the applicant to file a plan to be approved by the Conservation Commission and the Army Corps of Engineers.
Being no further comment, the Board motioned to close the Public Hearing.
Motion made by Selectman Taylor to close the Public Hearing.
Motion seconded by Selectmen Sherman.
VOTE: Unanimous. 3-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
The Selectmen continued deliberations and asked Mr. Cook how many people would be working with him. Mr. Cook replied one other person, a total of two. When asked about the number of cages, Mr. Cook indicated that he applied for the maximum amount. Mr. Cook was asked if he would amend the maximum amount of cages. Mr. Cook replied that if it is necessary to have the grant approved. However, he assured the Town that it is his intent to keep the oysters under water at all times, as if they are out of the water, they are not growing.
When asked of the type of boat to be used, Mr. Cook answered the boat would be comparable to a 16’ Whaler with an engine no larger than a 40 h.p., a 4 stroke which is silent. It was re-affirmed the applicant has operated the shellfish farm consisting of approximately 3.3 acres in Ockway Bay without incident.
When asked of the markers, Mr. Cook indicated the buoys are secured by a mushroom mooring with a winter stick on it so they would not be carried away.
Under State Law, the Board of Selectmen as the licensing authority is the enforcing authority and has the ability to revoke the license if necessary.
If the application is approved by the Board of Selectmen, there is a 60 day comment period. The Division of Marine Fisheries surveys the site, and a Notice of Intent is required to be filed with the Conservation Commission. There will be a specific Order of Conditions such as having a dock permit, and the Army Corps of Engineers makes the final approval.
Attorney Kirrane commented if the property owner on the peninsula seeks to install a future dock, Mr. Cook would relocate his grant further north to accommodate any concerns. Mr. Kirrane added the grant promotes fish habitat, and it is not the applicant’s intention to promote cages out of the water. Mr. York added that it would be conditioned on this level or with the Conservation Commission; the gear (cages) would not be exposed at low tide.
In closing, Mr. Kirrane noted that an 8 acre shellfish grant is also situated in the general proximity of the subject area of discussion which is managed by the Wampanoag Tribe.
Motion made by Selectman Taylor to approve the application of Richard J. Cook, Jr., 135 West Way, Mashpee for a one acre shellfish grant in Popponesset Bay as presented.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 3-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
Selectman Richardson present.
APPOINTMENTS & HEARINGS:
Public Hearing – Richard Cook, Renewal of Shellfish Grant – Ockway Bay and Request to Float Oyster Cages on Site:
Selectman Cook in conflict recused herself from participating in the above referenced agenda topic.
The Public Hearing notice relative to the application filed on February 22, 2011 by Richard J. Cook, Jr., 135 West Way for the following was read aloud into the record for informational purposes;
Renewal of Shellfish Grant #006 – Ockway Bay
Request for the ability to float oyster cages on the site; cages will be 18”x36”x12” vinyl or vinyl coated wire in a black or neutral color; Visibility no more than 4” above the water level including floats; cages will be within a .45 acre area at the south end of the 3.3 acre site.
Richard Cook was in attendance with his counsel Attorney Kevin Kirrane to discuss the application with the Board and interested public.
Correspondence was included in the Selectmen’s packet from Mr. Cook dated February 22, 2011 indicating the 1983 grant is up for renewal as of July 15, 2011. Since the oyster seeds need to be ordered in March, it was recommended the applicant meet before the Board of Selectmen. In addition, Mr. Cook has requested to float oyster cages at this site. Visibility will be no more than 4” above water level including floats. Cages will be within the .45 acre area as allowed by the Army Corps of Engineers.
It was noted this matter has been discussed with the Harbormaster. Mr. Ellis was noted to be satisfied with the distance from the waterways. It was also noted that an opinion has not been obtained from the Waterways Commission.
The Hearing was opened to solicit comment.
Peter Thomas Bass Cove Circle and Vice-Chair of the Shellfish Commission indicated that his board voted unanimously to recommend approval. Richard York also commented that he has no objection. There was no other public comment.
Motion made by Selectman Taylor to close the Public Hearing.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman Richardson, yes
Selectman Taylor, yes Selectman Sherman, yes
Opposed, none
Motion made by Selectman Taylor to approve the application of Richard J. Cook, Jr., 135 West Way, Mashpee to renew Shellfish Grant #006, and float oyster cages on site as referenced.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Cahalane, yes Selectman Richardson, yes
Selectman Taylor, yes Selectman Sherman, yes
Opposed, none
Selectman Cook present.
OLD BUSINESS:
Review of Conservation Commission Permitting Fee Structure:
Andrew McManus, Conservation Agent was present to recommend the Board of Selectmen adopt the new permitting fee structure comparable to similar communities. All documentation pertaining to the revised fee structure was in order for the Selectmen’s approval.
Motion made by Selectman Taylor to approve the new permitting fee structure for the Conservation Commission as presented.
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
Appointment to the Waquoit Bay Reserve Advisory Committee:
Correspondence was received from the Waquoit Bay National Estuarine Research Reserve (WBNERR) dated February 24, 2011 inviting the Town of Mashpee to be a member of the Reserve Advisory Committee.
It was agreed that a Conservation Commission member or an Environmental Oversight Committee member would be considered for representation. The matter was tabled at this time.
NEW BUSINESS:
Appointment to the Cape Cod Solid Waste Contract Advisory Committee – One Member and One Alternate Member:
Catherine Laurent has offered to serve on the Cape Cod Solid Waste Contract Advisory Committee with Joyce Mason as the Town’s alternate representative. It was noted the Barnstable County Commissioners are reconstituting the SEMASS Contract Committee as the Cape Cod Solid Waste Contract Advisory Committee.
Motion made by Selectman Taylor to appoint Catherine Laurent to the Cape Cod Solid Waste Advisory Committee with Joyce Mason as the Town’s alternate representative.
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:
Award of Contract – DPW Pick-up Truck:
Motion made by Selectman Taylor to place the above topic on the Selectmen’s agenda.
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
Late filed was a request from the DPW Director to award the contract for the purchase of a F350XL pickup truck with plow to Colonial Ford for the sum of $33,737. It was noted that $40,000 was allocated for the CIP appropriation in FY2010. (enclosed in official copy)
Motion made by Selectman Cahalane to award the contract to Colonial Ford, the low bidder for a F350XL pickup truck for the DPW in the amount of $33,737.
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
It was noted the replacement vehicle will be put out to auction at a later date.
LIAISION REPORTS:
CVEC Update:
The Cape & Vineyard Electrical Co-op requested the Town of Mashpee consider supporting the Town of Brewster’s proposal for a wind turbine.
The Board of Selectmen took the matter under advisement, and chose not to participate.
APPOINTMENTS & HEARINGS:
Public Hearing – Capital Improvement Committee:
The Board of Selectmen conducted a joint meeting with members of the Capital Improvement Program (CIP) Committee for the purpose of reviewing the recommended capital budget for FY12. In attendance was CIP members, Joyce Mason, Theresa Cook and Charles Gasior.
Upon deliberation, the Capital Improvement Committee recommended the following capital budget for FY12. The $434,000 capital program would use $113,000 in funding from the Ambulance Receipts Account, $31,000 in funding from MCAT to support technology for the Police cruisers, and $290,000 from Revenue Available for Appropriation.
Fire Department
Vehicle GIS; Ambulances $23,000
Defibrillator Replacements (3) $90,000
Total: $113,000
Police Department
4 Vehicles (Year 3 of 3) $40,000
10 Vehicles (Year 1 of 3) $120,000
Cruiser Technology $31,000
Total: $191,000
Department of Public Works
2 Pickup Trucks w/Plows $90,000
2 Mowers $40,000
Total: $130,000
The Capital Improvement Program Committee also recommended that an article be placed on the Town Meeting warrant to authorize the borrowing of $1.5 million dollars to conduct much needed infrastructure improvements to Town facilities. The list of projects recommended by the CIP Committee and endorsed by the Planning & Construction Committee contains repairs and upgrades recommended in the Building Needs Assessment study. The list of (9) projects will be explained in detail in the Town Meeting article. The $1.5 million bond under the constraints of inside Proposition 2 1/ would fall within the levy limit and not require a debt exclusion.
The Selectmen opened the Hearing to solicit comment. Being none, the Board voted to close the Public Hearing.
Motion made by Selectman Richardson to close the Public Hearing.
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
Motion made by Selectman Richardson to approve the Capital Improvement Program for FY12 as presented.
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
APPOINTMENTS & HEARINGS:
Joint Meeting – Finance Committee
FY2012 Budget Review - May Town Meeting Warrant:
The Board of Selectmen met in joint convention with members of the Finance committee for the purpose of reviewing the FY12 budget and May 2011 Annual and Special Town Meeting warrants. In attendance were Oskar Klenert, Charles Gasior, George Schmidt, Robert Chalker and Mark Davani.
The Board of Selectmen reviewed with the Town Manager, the MUNIS financial budget for FY12 as dated March 4, 2011. It was noted the School Department has not formally submitted their budget recommendation for FY12. However, the Town Manager has recommended a budget of $18,560,000 which is reflective of a $300,000 increase from last year. It was noted the budget increase would allow for the School Department to meet its contractual obligations.
The Board of Selectmen commended the Town Manager on the FY12 budget.
Motion made by Selectman Cahalane to accept the FY12 Budget as recommended by the Town Manager.
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
It was noted the Finance Committee is scheduled to conduct a public hearing on March 24, 2011 to review the budget, and will make their recommendation at that time.
The Board of Selectmen and the Finance Committee took the following action;
Special Town Meeting Warrant:
Article 1: To pay previous unpaid bills
Motion made by Selectman Taylor to approve Article 1 of the May Special Town Meeting Warrant as presented.
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
Finance Committee Vote - Unanimous 5-0 in support of Article 1.
Article 2: To replenish the Human Resources Accrued Benefits Account
Motion made by Selectman Taylor to approve Article 2 of the Special Town Meeting Warrant 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
Finance Committee Vote - Unanimous 5-0 in support of Article 2.
Article 3: To deficit spend the Snow & Ice Account
Motion made by Selectman Taylor to approve Article 3 as presented, allowing the appropriation to be inserted prior to Town Meeting.
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
Finance Committee Vote - Unanimous 5-0 in support of Article 3.
Article 4: Community Preservation Funding – Pickerel Cove Recreation Area Improvements for Recreational Usage and Accessibility
$55,465.
Motion made by Selectman to approve Article 4 as presented.
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
The vote of the Finance Committee was 4-1 in support of Article 2.
Mr. Klenert was opposed.
Article 5: Community Preservation Funding – Mashpee Archives
$200,000
Motion made by Selectman Taylor to approve Article 5 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
Finance Committee Vote - Unanimous 5-0 in support of Article 5.
Article 6: Community Preservation Funding – Affordable Housing
12 Russell Road, Mashpee $25,000
Due to the nature of the controversy with respect to the above referenced article, the decision regarding the article was placed on HOLD for the opinion of the Zoning Board of Appeals.
Article 7 *NEW Article - Handicap Walkway to South Cape Beach
Motion made by Selectman Taylor to add the above referenced article to the Special Town Meeting warrant.
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
The Town Manager recommended the Selectmen consider placing the above referenced article on the Special Town Meeting warrant to provide handicap accessibility and access for young children with carriages, etc. to South Cape Beach. Funding for said purpose would derive from the Hotel/Motel Tax Account. It was noted the ADA Committee has raised $700, and remaining funding for the walkway is approximately 4,300.
Motion made by Selectman Taylor to add Article 7 to the Special Town Meeting warrant as referenced.
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
Finance Committee Vote - Unanimous 5-0 in support of Article 7.
End of Special Town Meeting Warrant.
Annual Town Meeting Warrant:
Article 1: To accept the Annual Town Report
Motion made by Selectman Richardson to approve Article 1 as presented.
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
Finance Committee Vote - Unanimous 5-0 in support of Article 1.
Article 2: To Fund the Operating Budgets for Various Town Departments
The Article was HELD at this time. The Finance Committee has not had the opportunity to review this article.
Article 3: Capital Improvement Program
Motion made by Selectman Taylor to approve Article 3 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
The vote of the Finance Committee was unanimous 5-0 to DEFER this article to allow for additional review.
Annual Town Meeting Warrant:
Article 4: $1,500,000 Infrastructure Bond
Motion made by Selectman Taylor to approve Article 4 as presented.
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
Finance Committee Vote - Unanimous 5-0 to DEFER this article to allow for additional review.
Article 5: Cape Cod Regional Technical School Budget
$955,504
Motion made by Selectman Taylor to approve Article 5 as presented.
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
Finance Committee Vote - Unanimous 5-0 in support of Article 5.
Article 6: Chapter 90 Road Improvement Program
$474,188
Motion made by Selectman Richardson to approve Article 6 as presented.
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
Finance Committee Vote - Unanimous 5-0 in support of Article 6.
Article 7: Kids Klub Enterprise Fund for FY12 - $360,148
Motion made by Selectman Richardson to approve Article 7 as presented.
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
Finance Committee Vote - Unanimous 5-0 in support of Article 7.
Article 8: Recreation Revolving Fund for FY12 - $300,000
Motion made by Selectman Richardson to approve Article 8 as presented.
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
Finance Committee Vote - Unanimous 5-0 in support of Article 8.
Article 9: Council on Aging Revolving Fund – $15,000
Motion made by Selectman Richardson to approve Article 9 as presented.
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
Finance Committee Vote - Unanimous 5-0 in support of Article 9.
Article 10: To appropriate funds to the Board of Health Landfill
Maintenance Account to repair (3) monitoring wells.
Funds exist in current Transfer Station budget $6,000
Motion made by Selectman Taylor to delete Article 10 from the Annual Town Meeting Warrant.
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
*The numbering of the articles on the warrant was modified with the removal of the above article.
Article 10: Community Preservation Committee – Administrative Funding;
$45,000
Motion made by Selectman Taylor to approve Article 10 as presented.
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
Finance Committee Vote - Unanimous 5-0 in support of Article 10.
Article 11: To appropriate funds to the Sewer Commission Facilities Plan Account; $15,000.
Motion made by Selectman Sherman to approve Article 11 as presented.
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
Finance Committee Vote - Unanimous 5-0 in support of Article 11.
Article 12: Sewer Commission Administrator Position; $60,000.
The article was HELD for additional clarification.
Article 13: To Fund the Waterways Maintenance Account; $55,000 for dredging in Popponesset.
Motion made by Selectman Richardson to approve Article 13 as presented.
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
Finance Committee Vote - Unanimous 5-0 in support of Article 13.
Article 14: To amend the Code by adding “School Committee” as a regulatory board.
Motion made by Selectman Taylor to approve Article 10 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
Finance Committee Vote - Unanimous 5-0 in support of Article 14.
Article 15: Mills Family Land – To petition for Special Legislation to permit Mashpee to transfer a partial interest in the property to Barnstable.
All funds paid by the Town of Barnstable would be deposited in the Community Preservation Committee open space reserve.
Motion made by Selectman Richardson to approve Article 15 as presented.
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
Finance Committee Vote - Unanimous 5-0 in support of Article 15.
Article 16: To designate 5.8 acres of tax taking land on Lovell’s Lane to the care and custody of the Conservation Commission. It was noted there may be a buyer, the Orenda Wildlife Trust for this property.
Motion made by Selectman Richardson to REMOVE Article 16 from the Annual Town Meeting Warrant.
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
*The numbering of the following articles was modified.
Article 16: To alter the layouts of Collins Lane and Great Neck Road North.
Motion made by Selectman Richardson to approve Article 16 as presented.
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
Finance Committee Vote - Unanimous 5-0 in support of Article 16.
Article 17: Sale & Application of Lawn Fertilizer
The article was HELD for additional clarification.
Article 18: To amend the Development Agreements of the Zoning Bylaw.
It was agreed the Planning Board should continue to work on the development of this bylaw.
Motion made by Selectman Richardson to REMOVE Article 18 from the Annual Town Meeting Warrant.
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
*The article numbering was modified as follows;
Article 18: To amend the Zoning Bylaw to provide for alternate Planning Board and Board of Appeals members to the Design Review Committee, and to replace the term Board of Zoning Appeals with the term Board of Appeals.
Motion made by Selectman Richardson to approve Article 18 as presented.
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
Finance Committee Vote - Unanimous 5-0 in support of Article 18.
Article 19: To amend Article XI – Floodplain Zone Provisions of the Zoning Bylaws.
Motion made by Selectman Cahalane to approve Article 19 as presented.
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
Finance Committee Vote - Unanimous 5-0 in support of Article 19.
Article 20: To amend Chapter 172-WETLANDS
Motion made by Selectman Taylor to approve Article 20 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
Finance Committee Vote - Unanimous 5-0 in support of Article 20.
Article 21 – Article 28: Petition Articles:
It was agreed the above referenced Petition Articles would be deferred to the next meeting.
Adjournment:
Motion made by Selectman Taylor to adjourn at 9:00 p.m.
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
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
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