AGENDA
BOARD OF SELECTMEN
MONDAY, AUGUST 8, 2011
6:00 p.m. - Convene Meeting – Conference Room 1 – Mashpee Town Hall
MINUTES
Approval of the following:
Monday, July 25, 2011 Regular Session
APPOINTMENTS & HEARINGS
6:00 Public Comment
EDIC - Discussion on Transfer of 6-acre Parcel
Open Meeting Law Discussion – School Committee
COMMUNICATIONS & CORRESPONDENCE
OLD BUSINESS
- Fire Management Study Update
NEW BUSINESS
- October 17, 2011 Town Meeting Warrant – Draft #1
- Recommendation for Appointment – Historical Commission
- Review and Execution of Order for Betterment Assessment – Horseshoe Bend Way
- Review and Execution of Order for Betterment Assessment – The Highlands
- Town Road Policy - Speed Bumps
ADDITIONAL TOPICS
(This space is reserved for topics that the Chairman did not reasonably anticipate would be discussed)
- Appointment to Zoning Board of Appeals – Associate to Full Member Status,
Full Member to Associate Status
LIAISON REPORTS
EXECUTIVE SESSION
- Contract Negotiations - Police
Board of Selectmen
Minutes
August 8, 2011
Present: Selectman Taylor, Selectman Richardson, Selectman Sherman,
Selectman Cahalane, Selectman O’Hara
Town Manager Joyce Mason
Assistant Town Manager Tom Mayo
Meeting Called to Order by Chairman Taylor at 6:30 p.m.
Town Hall, Conference Room #1
The Board of Selectmen publicly welcomed Tom Mayo, to his new appointedposition as the Town of Mashpee’s Assistant Town Manager.
MINUTES:
Monday, July 25, 2011 Regular Session:
The minutes were amended on page 9; under Liaison Assignments topic Schools, to read: It was disclosed there is a potential recall in the works as residents (some) are dissatisfied with the School Committee in its’ workings with the Superintendent. Also, under Recycling Committee to read: Town of Sandwich.
Motion made by Selectman Cahalane to approve the minutes of Monday, July 25, 2011 as amended.
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
APPOINTMENTS & HEARINGS:
Public Comment:
Jennifer Jackman of Santuit Pond Road urged the Board of Selectmen to consider supporting the Town Meeting article planned by the leadership of the Department of Public Works, Community Preservation Committee and Mashpee Environmental Coalition to appropriate funding to assist in the remediation and restoration of Santuit Pond. Commenting on the recent article appearing in the Mashpee Enterprise, Ms. Jackman indicated the project is clearly well-needed. Ms. Jackman also expressed appreciation to the Selectmen for moving forward with the article.
EDIC – Discussion on Transfer of 6-acre Parcel:
Theresa Cook, Chair of the Economic Development and Industrial Corporation (EDIC) was in attendance with committee members Mary LeClair, Robyn Simmons and Robert Walsh to review matters pertaining to Town-owned properties located in the Mashpee Industrial Park. Town Counsel, Patrick Costello was also present for discussion purposes.
In October of 2008, Town Meeting authorized the transfer of Town-owned land located at 117 Industrial Drive to the Mashpee EDIC to allow the Economic Development and Industrial Corporation to formally assume control and use of the property for the purposes specified in its enabling legislation, including possible development of the site, sale of the property to generate seed money for the purchase of other developable lands and/or for the commencement of development initiatives elsewhere in Mashpee.
It was noted the deed pertaining to the above referenced parcel of land consisting of 2.66 acres +/- as voted by the October 2008 Town Meeting has not been executed and drafted to date. As a result, Town Counsel was directed to move forward with the recording of the subject property.
Discussion followed with respect to the Mashpee Industrial Park and the possible transfer of a 6-acre parcel, tax taking land presently under control of the Board of Selectmen to the EDIC for its control and use. The Board was advised if the Town were to convey title or an interest in the 6-acre property to the EDIC, the Selectmen would have the ability to condition the Town Meeting vote to retain a certain level of review. Also, this action if supported it would require a 2/3rd’s vote of Town Meeting.
The EDIC indicated that presently a broad-level of uses are being considered at the 6-acre site which may require re-zoning. Town Counsel indicated he would review specific uses of said property in terms of zoning.
Upon further review, the Board of Selectmen recommended the EDIC move forward to advertise for the purpose of soliciting possible “expressions of interest” at this particular location and then further, develop a viable plan for the Selectmen’s consideration at the May 2012 Town Meeting.
Open Meeting Law Discussion – School Committee:
The Board of Selectmen briefly commented on the Open Meeting Law as it relates to a recent School Committee meeting. There was concern with regards to limited access to the meeting andfor several citizens who were not allowed to speak during public comment. It was agreed this matter will be addressed with the School Committee.
COMMUNICATIONS & CORRESPONDENCE:
Public Meeting – Improvements to Pickerel Cove Recreation Area:
The Board of Selectmen reviewed a draft letter to be mailed to residents located in the Pickerel Cove Recreation Area to announce a meeting scheduled on Thursday, August 11th at 6:00 p.m. at the Mashpee Town Hall. The purpose of the meeting is to review specific improvements proposed by a Town Meeting article for the October 2010 warrant recommended by the Community Preservation Committee.
Since the purchase of the 78 acre parcel, the Town has been making improvements to the property. Recreational improvements proposed in the Town Meeting article include the re-establishment of a 2-acre open recreation field, the construction of a secondary parking area for 6 vehicles and the establishment of a car-top boat access with a drop-off on Pickerel Cove on Mashpee/Wakeby Pond.
Joyce Mason, the Town Manager is expected to attend the meeting. Andrew McManus, the Conservation Agent and Catherine Laurent, the Director of Public Works will also be present. It is the Town’s assumption the project will encourage legitimate and responsible use of the property, and that this initiative will help to offset undesirable activity. Improved access to the recreation area will also facilitate monitoring by the Police Department.
The Selectmen were supportive of the draft letter to be disseminated to the area residents.
Pledge of the Allegiance:
At the next scheduled meeting, the Board of Selectmen agreed to consider procedure by initiating the Pledge of the Allegiance at the commencement of every Board of Selectmen Meeting.
OLD BUSINESS:
Fire Management Study Update:
The Town Manager recently submitted an inquiry to Donald Bliss of Municipal Resources, Inc. (MRI) with regards to the status of the evaluation of the Mashpee Fire Department.
Mr. Bliss submitted an email response to the Town Manager dated August 8, 2011 apologizing for the fact the report is behind schedule. The process began in March and the report was due on August 8, 2011. (enclosed in official BOS copy)
It was agreed that Town Counsel would work with the Town Manager to draft a letter of response to MRI with respect to this regard. It was also agreed the firm would be removed from the Town’s list of desirable contractors.
NEW BUSINESS:
Town Road Policy – Speed Bumps:
The Board of Selectmen met with residents of the John’s Pond Estates Association to review the matter of speed bumps presently not allowed on Town roads.
John Harris, a resident of John’s Pond requested the Selectmen consider the use of speed bumps on a trial basis as Mr. Harris cited problems mostly with speeding, some vandalism and the use of the beach and boat ramps by residents and non-residents.
Mr. Harris indicated the association petitioned the Town to take over the roads approximately twenty years ago. At the time, there was an agreement with the Town to place temporary speed bumps on the road.
Of the 165 residents who were recently polled, 164 were noted to be in favor of the placement of temporary speed bumps in the John’s Pond community in the matter of safety. Mr. Harris noted the speed bumps recently purchased by the association are 3” in height and fastened in the road with screws.
Walter Philips and Kevin Peabody agreed with the comments made by Mr. Harris. Mr. Peabody, a retired State Police Officer stated that speed bumps would be a deterrent to slow down drivers. Deirdre Greelish agreed and indicated that speed bumps make you aware by stopping, looking and listening.
John Palmieri indicated there are neither street lights nor sidewalks in the John’s Pond neighborhood. In his opinion, the children are at risk and the installation of speed bumps is a simple solution to this problem.
Also soliciting comment was Herb Baker who stated this is a critical issue in John’s Pond. Michael Rose, president of the association reiterated there are no sidewalks in the area. Mr. Rose indicated he receives many complaints on a frequent basis. Many residents are noted to be disabled. Mr. Rose stated the association is willing to maintain the “humps”. It was suggested the speed deterrents be places near the beaches and in the areas where people tend to speed. Most of the chronic speed occurs in the straight roadways.
The John’s Pond Association recently purchased 6 speed bumps. In violation of the Town’s speed bump policy, the DPW has removed two.
Joyce Mason, the Town Manager indicated she has discussed this matter with the DPW, Police and Fire Departments. There is concern with respect to the apparatus, and loss of time during response. There are also major issues with adding excess moisture to the pavement with the installation of speed bumps. Speed bumps are also not allowed in the Snow Plow Policy.
Comparing the speed bumps to those installed in New Seabury, it was noted the small bolted speed bumps represent no damage to vehicles. The holes made by drilling are less than ½” and can be filled with cold-patch, sand and/or dirt. The roads in New Seabury having temporary speed bumps do not show signs of expansion cracks. It was suggested the residents give consideration to possible speed deterrents on a year round basis. As an alternative, the use of battery operated speed lights and permanent speed tables were given consideration.
Steve Greelish responded to the concerns of the Town Manager by stating that asphalt sealer could be used to fill the holes. Mr. Greelish also indicated the loss of response time is not a valid argument for the John’s Pond community.
When asked of the speed bumps purchased by John’s Pond, Mr. Harris indicated they are made of hard rubber. Yellow stripes along the bumps allow for night visibility.
Motion made by Selectman Richardson to entertain a “test case”, and allow the use of speed bumps at John’s Pond at (4) locations through Columbus Day, working with the DPW Director regarding placement, and upon removal of the temporary speed bumps, the DPW Director shall advise John Harris as the contact person as to how the roads shall be sealed.
Motion made 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
October 17, 2011 Town Meeting Warrant – Draft #1:
The Board of Selectmen conducted their first review of the October 17, 2011 Town Meeting Warrant referenced as Draft #1 dated August 4, 2011.
Late filed was an email from the Town Manager recommending the Selectmen add an article to the warrant to reduce the School Budget by $200,000. Joyce Mason, the Town Manager stated when the budget was developed $300,000 in SPED pre-payment was anticipated. However, $500,000 in prepayment was actually paid. The Town Manager indicated her recommended action was also prompted by the Town Auditors who have indicated there is no discount in pre-payment of SPED tuition. The funds mainly free-up the School Department’s needs for the following fiscal year. Mrs. Mason explained this is a time of fiscal constraints, and there are other serious public safety needs to address.
Motion made by Selectman Richardson to add to the warrant, an article to reduce the School Budget by $200,000 for further discussion at the next scheduled meeting.
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
Article: To pay Fiscal Year 2011 Bills received after the close of the fiscal year.
Motion made by Selectman Cahalane to approve the above referenced article for placement on the October Town Meeting Warrant.
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
Article: To transfer funds from the Library Salary/Wage Account to the Library Expense Account.
Motion made by Selectman Richardson to approve the above referenced article for placement on the October Town Meeting Warrant.
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
Article: To transfer from the Building Department Salary/Wage Account to the Building Department Expense Account to fund the contract employee.
Motion made by Selectman Sherman to approve the above referenced article for placement on the October Town Meeting Warrant.
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
Article: To transfer funds from various departmental vehicle expense accounts to the Town Hall Vehicle Fuel/Maintenance Account. To establish a vehicle maintenance account for the pool of shared vehicles.
Motion made by Selectman Cahalane to approve the above referenced article for placement on the October Town Meeting Warrant.
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
Article: To transfer $110,000 from the Assessors Overlay Surplus Account to the Assessor Revaluation Account for costs related to the DOR’s annual and triennial certification requirements.
Motion made by Selectman Richardson to approve the above referenced article for placement on the October Town Meeting Warrant.
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
Article: To transfer $15,000 from the Waterways Improvement Fund Account to the Waterways Maintenance Account.
Motion made by Selectman Richardson to approve the above referenced article for placement on the October Town Meeting Warrant.
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
Article: To transfer $50,000 from the Waterways Improvement Fund Account to the Waterways Maintenance Dredge Account.
Motion made by Selectman O’Hara to approve the above referenced article for placement on the October Town Meeting Warrant.
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
Article: To amend Article VII – Board of Sewer Commissioners
§3-25, Membership
Motion made by Selectman O’Hara to approve the above referenced article for placement on the October Town Meeting Warrant.
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
Article: To transfer the FY2012 Community Preservation reserve revenues
Motion made by Selectman O’Hara to approve the above referenced article for placement on the October Town Meeting Warrant.
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
Article: HELD. To transfer from the Community Preservation Fund,
$357,000 for the purposes of funding the Santuit Pond
Restoration Project by using an artificial aeration and
circulation system.
Article: HELD. To transfer from the Community Preservation Fund,
$64,160 for the purposes of funding recreational improvements to the Pickerel Cove Recreation Area.
Article: HELD. To amend Section 174-27.1 Developments of the Zoning By-law to replace the current language of the definitions of Development Agreement, and Lead Community and add a definition for Participating Parties.
Article: HELD. School Committee Article to reduce budget by $200,000
Petition Article: To accept the layouts as public ways of Taurus Drive, partial of Polaris Drive and partial of Gemini Road.
Motion made by Selectman Richardson to approve the above referenced petition article for placement on the October Town Meeting Warrant.
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
Petition Article: To authorize and empower the Board of Selectmen to prepare a plan laying out and defining Shields Road, Tobisset Street, Lyn Court, Tricia Lane, Pequot Road, Pequot Court, Michelle Land and Nobska Road. $5,000 to the Santuit Woods Roadways Account.
Motion made by Selectman Richardson to approve the above referenced petition article for placement on the October Town Meeting Warrant.
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
Petition Article: HELD. To raise and appropriate or borrow the money needed to design and construct a bike path on Old Barnstable Road beginning at Route 151 and continuing to the Falmouth Town line.
Petition Article: To authorize and empower the Board of Selectmen to prepare a plan laying out and defining Pleasant Park Drive, $5,000 to the Pleasant Park Drive Roadways Account.
Motion made by Selectman Richardson to approve the above referenced petition article for placement on the October Town Meeting Warrant.
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
Petition Article: HELD. Sale and Application of Lawn Fertilizer.
Petition Article: To amend Article 2.1 – Annual Town Meeting and Election of the Town’s By-Laws. To move the annual Town general election which is held on the first Saturday in May following the Town’s Annual Meeting to the next Saturday, if Mother’s Day is immediately following that date as the historical turnout for the May election is low in comparison with the November State and Presidential elections.
Motion made by Selectman Cahalane to take no position on the above referenced petition article.
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
Petition Article: To amend Article 2.1 – Annual Town Meeting and Election of the Town’s By-Laws and Article 3 of the Mashpee Town Charter. To move the annual Town general election in May to November effective in 2013, and to change the terms for all elected officials. The article is anticipated to be amended by the petitioner on Town Meeting floor to request special legislation to allow the Town to enact this as a Special Act under the Town Charter.
Motion made by Selectman Cahalane to take no position on the above referenced petition article.
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
NEW BUSINESS:
Recommendation for Appointment – Historical Commission:
Correspondence was received from Joan Tavares-Avant via email dated June 30, 2011 expressing interest to serve on the Mashpee Historical Commission. Additional communication was received from the Historical Commission dated July 28, 2011 recommending her appointment. Ms. Tavares-Avant was a previous Historical Commission member, and as a Mashpee Wampanoag Indian, would be uniquely qualified to share Mashpee’s history with its visitors.
Motion made by Selectman Cahalane to appoint Joan Tavares-Avant to the Historical Commission.
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
Review and Execution of Order for Betterment Assessment – Horseshoe Bend Way:
Acting under Article 17 of the May 3, 2010 Town Meeting Warrant, the Board motioned to execute the following betterment assessment;
Motion made by Selectman Cahalane to approve and execute the Order for Betterment Assessment for construction improvements to Horseshoe Bend Way. Said improvements cost $205,326.
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:
Review and Execution of Order for Betterment Assessment – The Highlands:
Acting under Article 18 of the Warrant for the May 3, 2010 Town Meeting, the Board voted as follows;
Motion made by Selectman Cahalane to approve and execute the Order for Betterment Assessment for construction improvements to Dover Road, Oxfordshire Place, Windermere Way, Kings Court, Cransbourne Circle, Nancy Lane; The Highlands. Said road improvements cost $189,269.
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
Appointment to Zoning Board of Appeals; Associate to Full Member Status
Full Member to Associate Status:
Motion made by Selectman Cahalane to add the above referenced topic to the Selectmen’s agenda.
Motions 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
Appointment to Zoning Board of Appeals; Associate to Full Member Status:
Due to health matters and as a result of quorum issues, the Selectmen were requested to amend the appointment status of Jack Dorsey a full voting ZBA member to an associate member, and appoint Ron Bonvie, associate ZBA member to a full voting member. It was noted the Zoning Board of Appeals Chair is in agreement with the change in appointment status as a matter of necessity.
Motion made by Selectman Cahalane to agree with the recommendation of the Zoning Board of Appeals, and rotate Jack Dorsey as an associate ZBA member, and appoint Ron Bonvie to full voting status.
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
LIAISON REPORTS:
Recycling Committee:
As a result of the Pay-As-You-Throw (PAYT) program, it was reported the Town of Sandwich has realized a 50% reduction in solid waste. There have been some minor issues with regards to the stamina of the recycling bag, but voters have become acceptable with the change. The PAYT program is something the Town of Mashpee may consider in the future to offset costs associated to the disposal of solid waste.
EOC:
At their last meeting, the Environmental Oversight Committee (EOC) voted unanimously to support the Community Preservation Committee article submitted by the Conservation Department and DPW for improvements to the Pickerel Cove Recreation Area.
Public Comment:
The Selectmen agreed to continue discussions relative to the Open Meeting Law with Mashpee School Committee Chair Kathy Stanley. Mrs. Stanley indicated that a public forum sheet was disseminated, and that eight minutes was allowed to solicit public comment. Mrs. Stanley also stated that previous comments made by the Selectmen were not accurate as the meeting recently conducted by the School Committee was in her opinion open, warm and welcome.
The Selectmen responded by stating that approximately eight to ten citizens were sitting outside the recent meeting, and it was difficult to hear the School Committee. It was the opinion of Board, the attendees were not a part of the meeting, and that it was improper for citizens taking the time to attend the meeting to be seated outside the meeting room area.
Adjournment:
Motion made by Selectman Cahalane to adjourn at 7:45 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 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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