AGENDA
BOARD OF SELECTMEN
MONDAY, MAY 23, 2011
6:30 p.m. - Convene Meeting – Conference Room 1 – Mashpee Town Hall
MINUTES
Approval of the following:
Monday, May 2, 2011 Regular & Executive Sessions
Monday, May 9, 2011 Regular Session
APPOINTMENTS & HEARINGS
6:30 Public Comment
6:40 Public Hearing – Application of Chapman Cole & Gleason
Request to Relocate Sign to Town Property
6:45 Conservation Agent – Request to Establish Quashnet River Realignment
Project Steering Committee
7:00 Cape Cod Regional Transit Authority – Request to Place Two (2) Bus Shelters in Mashpee South Cape Village and Mashpee Community Health Center
COMMUNICATIONS & CORRESPONDENCE
- Department of Defense – Employer Support of The Guard and Reserve
- Popponesset Marketplace Discussion
OLD BUSINESS
NEW BUSINESS
- Certification & Confirmation of Hiring Process – Library Director
- Request to Fill Vacancy – Library – Part-Time Reference Librarian
- Request to Fill Vacancy – Library – Part-time Circulation Assistant
- Request to Fill Vacancy – DPW – Maintainer I
- Request to Fill Vacancies (6) – DPW – Summer Custodians
- Request to Hire Temporary Inspector
- Recommendation for Bid Acceptance – Capital Needs - Roof Replacement & Repair Projects
- September 11th Memorial – Discussion on Location/ Maintenance
- Request of Mashpee Wampanoag Rod & Gun Club – One-Day Permit – June 18, 2011
- Board of Selectmen Liaison Assignments
- Ratification of Finance Committee Transfer of Funds
- Approval of Updated Board of Selectmen Policy No. 057 – Substance Abuse Control Policy
- Approval of Updated Board of Selectmen Policy No. 034 – Declassification of Executive Session Meeting Minutes
- Acceptance of Resignation – Zoning Board of Appeals
- Acceptance of Resignation – Environmental Oversight Committee – CAC Precinct 2 Representative
- Request of Habitat for Humanity – Local Initiative Program Designation and Letter of Support – 6 and 9 Park Place Way and 10 Tri-Town Circle
ADDITIONAL TOPICS
(This space is reserved for topics that the Chairman did not reasonably anticipate would be discussed)
LIAISON REPORTS
EXECUTIVE SESSION
Cable Contract Negotiations Update
Board of Selectmen
Minutes
May 23, 2011
Present: Selectman Taylor, Selectman Richardson, Selectman Sherman,
Selectman Cahalane, Selectman O’Hara
Town Manager Joyce Mason
Meeting Called to Order by Chairman Taylor at 6:30 p.m.
Town Hall, Conference Room 1
MINUTES:
Monday, May 2, 2011 Regular & Executive Sessions:
Motion made by Selectman Richardson to approve the Regular and Executive Session minutes of Monday, May 2, 2011 as presented.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Monday, May 9, 2011 Regular Session:
Motion made by Selectman Richardson to approve the Regular and Executive Session minutes of Monday, May 9, 2011 as presented.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
APPOINTMENTS & HEARINGS:
Public Comment: None at this time.
NEW BUSINESS:
Request to Fill Vacancy – DPW Maintainer I:
Catherine Laurent, Director of Public Works was present to request the Selectmen approve the Position Vacancy Request of Maintainer I to the DPW to fill the vacancy created by the promotion of Wayne Mackin. The date of the vacancy is July 1, 2011 for the 40 hour per week position.
Motion made by Selectman Cahalane to approve the Position Vacancy Request for the position of Maintainer I to the DPW as presented.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Request to Fill Vacancies (6) DPW – Summer Custodians:
The Position Vacancy Request for the hiring of (6) Summer Custodians effective July 1, 2011 was presented to the Selectmen for approval. The seasonal staff; 37.5 hour week assists the full-time custodial staff with the summer cleaning of the schools.
Motion made by Selectman Cahalane to approve the Position Vacancy Request for (6) Summer Custodians assigned to the DPW as presented.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Request to Hire Temporary Inspector:
Charles Maintanis, Assistant Inspector of Buildings was in attendance to request the Selectmen approve the hiring of a Temporary Building Inspector on a part-time basis to provide assistance to his department during the absence of the Building Inspector and in his forthcoming absence due to medical reasons. Funds exist in the departmental budget to support the position request. Upon the return of Mr. Maintanis, the vacant position of Building Inspector is anticipated to be filled.
Motion made by Selectman Cahalane to approve the request of the Building Department to employ a Temporary Inspector as referenced.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Recommendation for Bid Acceptance – Capital Needs – Roof Replacement & Repair Projects:
Three bids were received for the replacement and/or repair of the roofs at the Town Hall (membrane), KC Coombs School (shingle and membrane), and Quashnet School (membrane). Upon review, it is the recommendation of the Planning & Construction Committee that a contract be awarded to Corolla Contracting, Inc. of Winthrop, MA for a total bid award of $583,800. The recommendation includes acceptance of both Bid and Alternate 1. The Bid Alternate 1 is a deduction of $105,000 for shingling over the existing asphalt shingles at the KC Coombs School.
Motion made by Selectman Cahalane to award the bid received from Corolla Contracting, Inc. for the Roof Replacement & Repair Projects as recommended.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
NEW BUSINESS:
September 11th Memorial – Discussion on Location/Maintenance:
With the upcoming anniversary of September 11th, it was suggested the Route 151 Memorial USA Pride be placed in a more prominent place for visibility and recognition.
Upon discussion, it was agreed the USA Pride memorial would remain at its present site location, and that a second memorial be placed at the Police and Fire Complex to honor the victims of September 11, and the fallen military personnel who have served our Country, and in particular, the soldiers from Mashpee who have died for our Country.
Request of Mashpee Wampanoag Rod & Gun Club – One Day Permit – June 18, 2011:
Courtenay Mills, Mashpee Wampanoag Rod & Gun Club was before the Board to request permission to use their liquor license on the date of June 18, 2011. An advisory received from the ABCC has recommended when granting one-day licenses, local licensing authorities should consider issuing the license for three or four days to allow for proper delivery, storage and disposal of all alcoholic beverages purchased. The extension will ensure that one-day licensees comply with all storage requirements under MGL c.138.
Motion made by Selectman Cahalane to approve the One-Day Liquor License Permit of the Mashpee Wampanoag Rod & Gun Club as referenced effective from June 16 through June 20, 2011 to allow for purchase, storage and disposal of all alcoholic beverages purchased.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
APPOINTMENTS & HEARINGS:
Public Hearing – Application of Chapman, Cole & Gleason – Request to Relocate Sign to Town Property:
The Board of Selectmen opened the Hearing on the application of Chapman, Cole & Gleason Funeral Home 74 Algonquin Avenue, Mashpee for permission to relocate the current sign onto Town-owned property. In accordance with posting procedures, the Hearing notice was read aloud into the record.
Bill Chapman of Chapman, Cole & Gleason was in attendance with his counsel Robert Mills of Wynn & Wynn PC to discuss the sign application with the Board of Selectmen.
Attorney Mills indicated that an application was filed with the Building Commissioner and Design Review Committee for approval to relocate the sign of the funeral home. The request was conditionally approved in April of 2011 pending the Board of Selectmen’s review.
To promote greater visibility of the location and enhance public safety, the sign is requested to be erected within the Route 151 layout, 15 feet from the edge of the pavement.
Discussion followed with respect to the natural buffer contained in a wetland resource area. The land is essentially a drainage wetland also referred to as Isolated Land Subject to Flooding.
As noted, the funeral home intended to construct a stone wall in the natural sloping area. However, the contractor was unaware of the wetland resource area, and removed several oak trees within the bordering vegetative wetland. As a result, a stop and decease order was imposed by the Conservation Commission. The applicant then employed the services of a designer to develop a mitigation plan.
In concern, the Selectmen related that quite a bit of work was performed without necessary approval, and the new plantings are not consistent with the natural vegetated buffer. Other issues include the signage presented in script format opposed to the recommended block lettering.
In response, Attorney Mills assured the Selectmen that it was a contractor error and many native plant species are intended to be planted at the site location. Annual flowers are proposed to be planted in front of the sign.
Being no public comment, 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. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Motion made by Selectman Sherman to allow the application for the relocation of the Chapman, Cole & Gleason sign on Town property pending a copy of a certificate of insurance naming the Town of Mashpee as the additional insured, and to recommend the applicant meet before the Design Review Committee with the new plan for the proposed vegetative buffer, and further, request the applicant obtain all necessary sign permits.
Motion seconded by Selectman Richardson.
VOTE: 4-1. Motion carries
Roll Call Vote:
Selectman Taylor, no Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, (1)
APPOINTMENTS & HEARINGS:
Conservation Agent – Request to Establish Quashnet River Realignment Project Steering Committee:
Andrew McManus, Conservation Agent met before the Board of Selectmen to discuss a proposal whereby the Conservation Commission would establish a 5 member Quashnet River Steering Committee for the purpose of reviewing proposals and materials presented relative to a river realignment and wetland restoration project at the Quashnet bogs.
Mr. McManus explained the primary responsibility of the Steering Committee would be to review materials, plans and correspondence and make recommendations to the Mashpee Conservation Commission on this matter on an ad hoc basis. The subcommittee would be subject to the Open Meeting Law, and would serve under the direction of the Conservation Commission.
The Board of Selectmen unanimously granted support to the establishment of a Steering Committee as referenced.
In other business, and for informational purposes, Andrew McManus updated the Selectmen on the Access Control Project to protect conservation parcels from illegal dumping and vandalism.
The Conservation Department in conjunction with the Mashpee Police Department hasidentified some of the heavily abused conservation and open space parcels where gates and/or boulders would prevent vehicular access. It is hopeful that properly controlling access to these parcels and implementing parking areas with signage and trails, will attract more responsible and respectful user presence.
Funding for the Access Control Project would derive from the Conservation Commissions Acquisition of Lands/Maintenance Account.
APPOINTMENTS & HEARINGS:
Cape Cod Regional Transit Authority – Request to Place Two (2) Bus Shelters in Mashpee South Cape Village and Mashpee Community Health Center:
Matthew Kolva, Facilities Manager of the Cape Cod Regional Transit Authority (CCRTA) requested the Selectmen’s approval to place two bus shelters in Mashpee at South Cape Village and the Mashpee Community Health Center. The shelters are built locally and designed to capture the Yankee look and feel of Cape Cod. By installing these shelters, they will provide year round protection from the weather elements for those using the CCRTA services.
It was agreed the DPW Director would be consulted regarding the site distance of the intended shelters. It was noted the shelters will be erected on a hard surface and be ADA compliant.
Motion made by Selectman Cahalane to accept the location of the CCRTA Bus Shelters in Mashpee South Cape Village and at the Mashpee Community Health Center.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
NEW BUSINESS:
Certification and Confirmation of Hiring Process – Library Director:
The Board of Selectmen reviewed the Hiring Certification for the final candidate for the position of Library Director, Administrator’s Union – Unit B at Step 1 of the intended pay scale. Kathleen Mahoney, the recommended candidate for appointment was in attendance to greet the Town Manager and members of the Board of Selectmen. Her proposed start date is June 6, 2011.
Motion made by Selectman Richardson to certify and confirm the appointment of Kathleen Mahoney as Library Director as referenced.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Request to Fill Vacancy – Library – Part-Time Reference Librarian:
A Position Vacancy Request was presented to the Board of Selectmen for approval for the position of Reference Librarian, 19.5 hours per week effective July 1, 2011.
Motion made by Selectman Cahalane to approve the Position Vacancy Request for a Part-Time Reference Librarian as presented.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
NEW BUSINESS:
Request to Fill Vacancy – Library – Part-Time Circulation Assistant:
Effective July 1, 2011, the Position Vacancy Request for the 19 hour per week Library Circulation Assistant was presented to the Board for approval.
Motion made by Selectman Cahalane to approve the Position Vacancy Request for the Part-Time Library Circulation Assistant as referenced.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
COMMUNICATIONS & CORRESPONDENCE:
Department of Defense – Employer Support of The Guard and Reserve:
The Statement of Support Program is to increase employer support for the Guard and Reserve by developing employers into advocates for employee participation in the military. Since its inception in 1972 thousands of employers have signed a Statement of Support pledging their support to Guard and Reserve employees.
Motion made by Selectman Sherman to execute the Statement of Support to recognize and support the Guard and Reserve.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
It was noted that representatives of the Board of Selectmen recently attended an event at the Coast Guard Station in Woods Hole and made note of the Guard’s essential role in preserving local and national security.
COMMUNICATIONS & CORRESPONDENCE:
Popponesset Marketplace Discussion:
The Board of Selectmen discussed the matter of a lawsuit filed with the Popponesset Marketplace claiming the shopping area does not comply with the Americans with Disabilities Act (ADA).
It was disclosed there is an agreement pending with both parties to allow the marketplace to open this season.
In discussion, the Selectmen indicated the matter of ADA compliance is taken very seriously by the Town of Mashpee. However, under the mandates of the bylaw, the Town only maintains enforcement of 521 CMR building codes and the Town only has jurisdiction to enforce ADA parking regulations.
Office Hours – Board of Selectmen:
It was agreed the Board would keep office hours in Town Hall on a rotating basis to maintain representation. Although some members indicated they may not be able to participate, the following schedule was established;
Fridays beginning the first week in June from 11:00 a.m. to 12:00 p.m.
The rotation begins with Selectman Richardson, Selectman Cahalane, Selectman Taylor and if he is available Selectman O’Hara. Selectman Sherman will follow if her schedule permits.
MCAT Funding – IT Department:
Mashpee Cable and Advanced Technology (MCAT) Board has provided funding for a contract employee to provide assistance to the IT Department.
Annual Reappointments:
Agenda Topic, Next Meeting.
Removals require a vote from their respective committee.
NEW BUSINESS:
Board of Selectmen Liaison Assignments:
The Special Events Committee was added to Selectman Sherman’s liaison list.
Motion made by Selectman Richardson to approve the 2011-2012 Liaison Assignments List as amended.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Ratification of Finance Committee Transfer of Funds:
The Mashpee Finance Committee voted to grant a transfer of $3726 from the Reserve Fund to the Finance Committee expense line item to cover a shortfall due to the increase in costs associated with the printing and mailing of the town meeting warrants. The Board of Selectmen was requested to ratify the transfer.
Motion made by Selectman Cahalane to ratify the Finance Committee transfer of funds as presented.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Approval of Updated Board of Selectmen Policy No. 057 – Substance Abuse Control Policy:
Motion made by Selectman Cahalane to approve Policy No. 057, the Substance Abuse Control Policy as updated May 23, 2011.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Approval of Updated Board of Selectmen Policy No. 034 – Declassification of Executive Session Minutes:
Motion made by Selectman Cahalane to implement the Declassification of Executive Session Minutes Policy No. 034 as revised.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Acceptance of Resignation – Zoning Board of Appeals:
The Selectmen were in receipt of a letter of resignation from Peter Hinden dated May 11, 2011 from the Zoning Board of Appeals effective May 12, 2011.
Motion made by Selectman Richardson to accept the resignation of Peter Hinden from the Zoning Board of Appeals with regret.
Motion seconded by Selectman Cahalane.
VOTE: 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Acceptance of Resignation – Environmental Oversight Committee/CAC:
Correspondence was received from Edward Baker dated May 13, 2011 resigning as a member of the Environmental Oversight Committee, and as Precinct 2 representative for the Citizens Advisory Committee (CAC).
Motion made by Selectman Cahalane to accept the resignation of Edward Baker from the Environmental Oversight Committee and Citizens Advisory Committee with deep regret, and hopes that Mr. Baker would re-apply when his personal health conditions improve.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Request of Habitat for Humanity – Local Initiative Program Designation and Letter of Support – 6 and 9 Park Place Way and 10 Tri-Town Circle:
Correspondence was received from Habitat for Humanity dated May 9, 2011 requesting the Town remit a letter of support to DHCD for the above referenced affordable homes to be designated as Local Initiative Projects (LIP). This designation ensures the housing will be counted towards the Town’s subsidized Housing Inventory.
Motion made by Selectman Richardson to support the request of Habitat for Humanity and remit a letter of support to DHCD for 6 and 9 Park Place Way and 10 Tri-Town Circle as Local Initiative Projects.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
LIAISON ASSIGNMENTS:
School:
The Quashnet School has received recognition for its Jump Rope for Heart held for the past 13 years and the Mashpee High School has earned an honor of excellence for its digital games and will host DIGI meetings.
Affordable Housing:
It was suggested the Affordable Housing Trust reconvene to discuss the possible disbursement of available funds. It was agreed that a recommendation and plan should be initially received from the Affordable Housing Committee.
Environmental Oversight Committee:
With the loss of Edward Baker, there is (1) vacancy. Meetings are held on a monthly basis. Letters of interest may be forwarded to the Selectmen’s Office.
The Mashpee Blue Book and the proposed Phosphorus Bylaw are topics to be discussed in June.
EDIC:
The EDIC is schedule to meet bi-monthly on Mondays. It was agreed Selectman Sherman would become a voting member of the EDIC.
Adjournment:
Motion made by Selectman Cahalane to adjourn at 7:48 p.m. The Board will enter into Executive Session for the purpose of discussing Cable Contract Negotiations Update. The Board will not reconvene in Open Session.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Richardson, yes
Selectman Sherman, yes Selectman Cahalane, yes
Selectman O’Hara, yes Opposed, none
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
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