AGENDA
BOARD OF SELECTMEN
MONDAY, JULY 11, 2011
6:30 p.m. - Convene Meeting – Conference Room 1 – Mashpee Town Hall
MINUTES
Approval of the following:
Monday, June 20, 2011 Regular & Executive Sessions
APPOINTMENTS & HEARINGS
6:30 Public Comment
6:40 Bowdoin Road – No Parking Designation
6:50 Public Hearing – Request for Transfer of Annual All Alcohol Retail Package Store License – Seabury Spirits
7:00 Public Hearing – Request to Hold Entertainment – Bistro Three Six
7:15 Sewer Commission Subcommittee
- Review of Proposed Job Description – Sewer Commission Administrator
COMMUNICATIONS & CORRESPONDENCE
- Cape Cod Metropolitan Planning Organization (MPO) Nominations for Mashpee Representative for Sub-Region
OLD BUSINESS
NEW BUSINESS
- Request for Abatement of Ambulance Receivables – Fire Chief
- Recommendation for Appointment – Historical Commission
- Recommendation to Reject Bids – Curbside Collection of Trash & Recycling
- Acceptance of Resignation – Affordable Housing Committee
- Acceptance of Resignation – Conservation Commission (Associate Member)
- Planning & Construction Committee Reappointments
- Ratification of End-of-Year Transfers (3)
- Recommendation for Acceptance – Anti-Fraud Policy
- Request to Advertise Vacancy – Associate Planning Board Position
ADDITIONAL TOPICS
(This space is reserved for topics that the Chairman did not reasonably anticipate would be discussed)
LIAISON REPORTS
EXECUTIVE SESSION
Board of Selectmen
Minutes
July 11, 2011
Present: Selectman Taylor, Selectman Sherman,
Selectman Cahalane, Selectman O’Hara
Town Manager Joyce Mason
Absent: Selectman Richardson
Meeting Called to Order by Chairman Taylor at 6:30 p.m.
Town Hall, Conference Room #1
MINUTES:
Monday, June 20, 2011 Regular & Executive Sessions:
Motion made by Selectman Cahalane to approve the Regular & Executive
Session minutes of Monday, June 20, 2011 as presented.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Sherman, yes
Selectman Cahalane, yes Selectman O’Hara, yes
Opposed, none
APPOINTMENTS & HEARINGS:
Public Comment: None at this time.
COMMUNICATIONS & CORRESPONDENCE:
Cape Cod Metropolitan Planning Organization (MPO) Nominations for Mashpee Representative for Sub-Region:
Correspondence was received from the Cape Cod Commission (CCC) dated June 1, 2011 relative to the process of electing selectmen to serve on the Cape Cod Metropolitan Planning Organization (MPO). The MPO is a regional body comprised of state, regional and local officials which directs, oversees, and approves regional transportation plans and studies as well as regional transportation funding decisions. As per the MOU, the selectmen are elected to the MPO for a three-year term by their peers.
It was disclosed that Selectman Michael Richardson has offered to serve on the MPO Committee. His nomination will be forwarded to the Cape Cod Commission to represent Sub-Region A.
Town Manager Update – Town Employment Opportunities:
Joyce Mason, the Town Manager updated the Selectmen on recent activities pertaining to Town employment opportunities. In response to advertisement, it was noted that interviews were conducted for the part-time Inspector of Buildings. Mrs. Mason was pleased to announce the final candidate, Richard Morgan a prior inspector for the Town of Hingham was the preferred applicant to assume the Inspector of Buildings duties.
With regards to contract employment to support the IT Department, a previous employee of the School Department has been selected, and should prove to be a great asset to the department.
It was noted the Police Department is conducting due diligence to fill the present Harbormaster and Animal Control Officer vacancies.
Mrs. Mason also informed the Board that interviews for the Assistant Town Manager position are expected to begin this week. Selectman Sherman will participate in the interview process on behalf of the Board of Selectmen.
NEW BUSINESS:
Request for Abatement of Ambulance Receivables – Fire Chief:
George Baker, Fire Chief was in attendance to request the Selectmen abate the non-collected ambulance receivables from 2003 through August of 2008. This action was prompted by the Town Auditor during the annual review process.
It was disclosed that non-collected accounts from September 2008 through September 2010 will be forwarded to the Deputy Collector for collection as enumerated in the revised ambulance billing policy. Accounts from September 2010 to present remain in the insurance billing phase.
The list of non-collected ambulance receivables was contained in the Selectmen’s informational packet attached to the memorandum from Chief Baker dated July 5, 2011. The total amount to be abated is $158,487.61. In an effort to obtain monies due, three notices and one follow-up phone call was made to each patient on the list. Upon review and reluctantly, the Selectman motioned to approve the abatements.
Motion made by Selectman Cahalane to approve and abate the detailed list of non-collected ambulance receivables from 2003 through August 2008.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Sherman, yes
Selectman Cahalane, yes Selectman O’Hara, yes
Opposed, none
APPOINTMENTS & HEARINGS:
Bowdoin Road – No Parking Designation:
Previously, the DPW Director met before the Board of Selectmen to discuss the disrepair and reconstruction of a portion of Bowdoin Road and to address the matter of a possible prohibition of parking on both sides of the road for its entire length. Large trucks making deliveries to the businesses on Bowdoin Road park along the edge of the road and/or the shoulders and contribute to the deterioration of the road.
Work proposed by the DPW includes increased turning radii at the intersection of Route 28.
Photographs of the road as it presently exists were distributed by the DPW Director to depict the deterioration of the road and its shoulders. The photographs are on file in the Selectmen’s/Town Manager’s Office.
Paul Botello of Botello Lumber Company and Home Center was in attendance with his attorney Tim Nealon to discuss this matter with the Board of Selectmen and Director of Public Works.
Catherine Laurent, DPW Director indicated it is the intent of the Town to reconstruct the road to a heavier standard since tractor trailers and large trucks traverse Bowdoin Road frequently. To accommodate the deliveries, Ms. Laurent stated the Town would construct a small 6’ x 60’ teardrop shaped area to enable turning. It was noted the additional cost, $4500 would be funding in the DPW’s annual expense budget or through Chapter 90 road funds.
Although Chief Baker requested the Selectmen consider imposing a no parking designation on the left side of the road, the Board agreed to maintain the status quo, approving the added teardrop shaped area for turning, and no stacking of vehicles. It was agreed the road would be monitored, and a no parking designation would be imposed if it is warranted.
Public Hearing – Request for Transfer of Annual All Alcohol Retail Package Store License – Seabury Spirits:
The Board of Selectmen acting as the licensing authority for the Town of Mashpee opened the Public Hearing on the application of Bacchus Enterprises, Inc., d/b/a South Cape Wine and Spirits, Barbara Rymsha, Proposed Manager, for a transfer of an All Alcohol Package Store License from Seabury Spirits, Inc., d/b/a Seabury Spirits, Inc., Michael Ellis, Manager. Said premise is located at 19 Commercial Street, South Cape Village, Unit C-1, Mashpee.
The Hearing notice was read into the record in accordance with posting requirements. Barbara Rymsha, Manager was in attendance with her counsel Arthur Pearlman to discuss the license request with the Board of Selectmen.
Attorney Pearlman distributed copies of the Affidavit, and indicated the notice to abutters is not a requirement of the license transfer. (enclosed)
All other necessary paperwork was in order for the Selectmen’s approval.
Being no comment, the Board motioned to close the Public Hearing.
Motion made by Selectman Cahalane to close the Public Hearing.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Sherman, yes
Selectman Cahalane, yes Selectman O’Hara, yes
Opposed, none
Motion made by Selectman Cahalane to approve the application of Bacchus Enterprises, Inc., d/b/a South Cape Wine and Spirits, Barbara Rymsha, Proposed Manager, for a transfer of an All Alcohol Package Store License from Seabury Spirits, Inc., d/b/a Seabury Spirits, Inc., Michael Ellis, Manager, 19 Commercial Street, South Cape Village, Unit C-1, Mashpee.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Sherman, yes
Selectman Cahalane, yes Selectman O’Hara, yes
Opposed, none
Public Hearing – Request to Hold Entertainment – Bistro Three Six:
Correspondence was received from Barbara J. Hatzmann, Owner Bistro Three Six via email dated Monday, July 11, 2011 requesting to withdraw her application for an entertainment license at this time. (enclosed)
Motion made by Selectman Cahalane to accept the letter of withdrawal from Barbara Hatzmann, Bistro Three Six for an Entertainment License without prejudice.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Sherman, yes
Selectman Cahalane, yes Selectman O’Hara, yes
Opposed, none
NEW BUSINESS:
Recommendation for Appointment – Historical Commission:
Correspondence was received from the Mashpee Historical Commission dated June 27, 2011 recommending the appointment of Nancy Soderberg. Ms. Soderberg is well qualified and has technical skills to support the Commission’s work at the Archives. A letter of interest from Ms. Soderberg dated June 13, 2011 was contained in the Selectmen’s informational packet for additional review.
Motion made by Selectman Sherman to appoint Nancy Soderberg to the Historical Commission.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Sherman, yes
Selectman Cahalane, yes Selectman O’Hara, yes
Opposed, none
Nancy Soderberg was present to express appreciation for her appointment and to meet the Town Manager and members of the Board of Selectmen.
NEW BUSINESS:
Recommendation to Reject Bids – Curbside Collection of Trash & Recycling:
At the request of the Board of Selectmen, the Town Manager solicited bids for the Curbside Collection of Trash & Recycling. The bids were opened on March 2, 2011. With the lapse in time and the result of the non-binding ballot referendum question, the Selectmen were requested to vote to reject all bids and return all bid bonds/deposits received from bidders.
Motion made by Selectman Cahalane to reject all bids associated to the Curbside Collection of Trash & Recycling, and return all bid bonds/deposits received from the bidders.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Sherman, yes
Selectman Cahalane, yes Selectman O’Hara, yes
Opposed, none
Acceptance of Resignation – Affordable Housing Committee:
The Selectmen were in receipt of a letter of resignation from Alan Trebat dated June 30, 2011 from the Affordable Housing Committee.
Motion made by Selectman O’Hara to accept the letter of resignation from Alan Trebat from the Affordable Housing Committee.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Sherman, yes
Selectman Cahalane, yes Selectman O’Hara, yes
Opposed, none
NEW BUSINESS:
Acceptance of Resignation – Conservation Commission (Associate Member):
Cassandra Costa remitted her letter of resignation dated June 28, 2011 as Associate Member of the Conservation Commission.
Motion made by Selectman O’Hara to accept the letter of resignation from Cassandra Costa from the Conservation Commission with regret.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Sherman, yes
Selectman Cahalane, yes Selectman O’Hara, yes
Opposed, none
Planning & Construction Committee Reappointments:
Correspondence was received from the Town Manager dated July 7, 2011 recommending the appointment of Joseph Brait and Irving Goldberg to the Planning and Construction Committee for a term to expire June 30, 2014.
Motion made by Selectman O’Hara to reappoint to June 30, 2014, Joseph Brait and Irving Goldberg to the Planning & Construction Committee.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Sherman, yes
Selectman Cahalane, yes Selectman O’Hara, yes
Opposed, none
Communication was received from Steve Cook; Chair of the Planning & Construction Committee dated June 24, 2011 indicating that a vote of 3-1 was taken to remove Delor Ellis from the committee. Joyce Mason, the Town Manager was in agreement and recommended the Selectmen rescind the appointment.
Motion made by Selectman O’Hara to accept the recommendation of the Town Manager to rescind the appointment of Delor Ellis from the Planning & Construction Committee.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 3-0-1.
Roll Call Vote:
Selectman Taylor, yes Selectman Sherman, yes
Selectman Cahalane, abstained Selectman O’Hara, yes
Opposed, none
Ratification of End-of-Year Transfers (3):
The Town Manager presented (3) End-of-Year Appropriation Transfers to the Selectmen for approval.
Motion made by Selectman Cahalane to approve the transfer of $2,431 from the CLAMS Expense Account to the Library Salary Expense Account.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Sherman, yes
Selectman Cahalane, yes Selectman O’Hara, yes
Opposed, none
Motion made by Selectman Cahalane to transfer $995 from the Town Insurance Premiums Account to the Town Clerk Temporary Wage Account.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Sherman, yes
Selectman Cahalane, yes Selectman O’Hara, yes
Opposed, none
Motion made by Selectman Cahalane to transfer $1200 from the Town Insurance Expense Account to the Selectmen Expense Account.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Sherman, yes
Selectman Cahalane, yes Selectman O’Hara, yes
Opposed, none
Recommendation for Acceptance – Anti-Fraud Policy:
Through the Auditor’s Management letter for the fiscal year 2010 audit, an Anti- Fraud Policy was developed for the Selectmen’s adoption. The policy will bring the Town into compliance, and remove the negative comment from the audit.
Motion made by Selectman O’Hara to approve the Anti-Fraud Policy for the Town of Mashpee.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Sherman, yes
Selectman Cahalane, yes Selectman O’Hara, yes
Opposed, none
NEW BUSINESS:
Request to Advertise Vacancy – Associate Planning Board Position:
The Selectmen were requested to advertise the Associate Planning Board position for a joint appointment between the Selectmen and Planning Board through May 12, 2012. At the May 12th election, the position would go on the ballot for a term to expire in 2014.
Motion made by Selectman O’Hara to advertise the Associate Planning Board Position as referenced.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Sherman, yes
Selectman Cahalane, yes Selectman O’Hara, yes
Opposed, none
APPOINTMENTS & HEARINGS:
Sewer Commission Subcommittee – Review of Proposed Job Description – Sewer Commission Administrator:
The Board of Selectmen met with the Sewer Commission subcommittee; Commissioners Klenert, Malarkey, Fudala and Lyons for the purpose of reviewing the proposed job description of Sewer Commission Administrator.
As per the vote of the May 2011 Town Meeting, the Sewer Commission subcommittee requested the Selectmen initiate the process of employing the Sewer Commission Administrator. The Commission requires the support of the administrator’s services to assist in the preparation of MEPA filing and other matters.
Upon review, it was agreed the position would be duly advertised as in the normal hiring process having the Human Resources Director initiate the process. It was also agreed the Sewer Commission would review the notice for employment prior to advertisement.
Motion made by Selectman Cahalane to move the Sewer Commission Administrator position forward in the normal Human Resources hiring process.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Taylor, yes Selectman Sherman, yes
Selectman Cahalane, yes Selectman O’Hara, yes
Opposed, none
In other matters, the Sewer Commission indicated that (2) vacancies exit. As per the bylaw, representatives from Precinct 2 and Precinct 3 are required for membership. An additional vacancy exists on the CAC from Precinct 2. It was agreed the positions would be duly advertised.
It was also agreed the Sewer Commission would develop a job description in conjunction with a business plan to ensure the effectiveness of the administrative position for the Town of Mashpee.
LIAISON REPORTS:
EDIC:
It was reported the CCC subcommittee has recommended the Cape Cod Commission waive all permitting and planning fees associated to the expansion of the Community Health Center. The waiver of fees would save an estimated $815,000 as the center is deemed a project of community health benefit.
EOC:
With the assistance of the Town Manager, the Mashpee Blue Book has been distributed to all citizens of the Town of Mashpee. Appreciation was expressed to Beverly Kane, the Mashpee Environmental Coalition and Environmental Oversight Committee for their work to develop the comprehensive booklet.
LIAISON REPORTS:
Special Events:
The annual Powwow, Armed Services Day and Community Picnic were given praise this year as successful events in the Town of Mashpee.
Adjournment:
Motion made by Selectman Cahalane to adjourn at 7:50 p.m.
Motion seconded by Selectman O’Hara.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Taylor, 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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