AGENDA
BOARD OF SELECTMEN
MONDAY, MARCH 8, 2010
6:30 p.m. - Convene Meeting – Conference Room 1 – Mashpee Town Hall
MINUTES
Approval of the following:
Monday, February 22, 2010 Regular and Executive Sessions
APPOINTMENTS & HEARINGS
6:30 Public Comment
Birthday Proclamation
6:40 Public Hearing – Fidde Corp., d/b/a Carbos Grille and Bar
- Request to Close for Renovations
COMMUNICATIONS & CORRESPONDENCE
1) Recycling & Transfer Station Operation Update
2) Public Road Conversion Update
3) Mooring Report
4) Cape Cod Resources Restoration Project
OLD BUSINESS
NEW BUSINESS
1) Position Vacancy Request – Fire Department
2) Great Neck Road Preliminary Design Submittal
3) Request for Approval – Change Order #7 – Mashpee Public Library Project
4) Recommendation for Reappointment – Board of Registrars
5) Recommendation for Appointment – Affordable Housing Committee
6) Draft Policy – Determination of Financial Interests – Boards/ Committees
7) Reinstatement to Committees – Environmental Oversight Committee and Community Advisory Committee
8) Recommendation for Appointments – Barnstable County Coastal Resources Committee (CRC) Member & Associate Member
9) Budget Review
10) Review of Town Meeting Warrant
11) Execution of Personal Services Contract – Town Manager
MMR ISSUES
ENVIRONMENTAL OVERSIGHT COMMITTEE
EXECUTIVE SESSION
Board of Selectmen
Minutes
March 8, 2010
Present: Selectman Myers, Selectman Cook, Selectman Cahalane,
Selectman Taylor, Selectman Richardson
Town Manager Joyce Mason
Meeting Called to Order by Chairman Myers at 6:30 p.m.
Town Hall, Conference Room #1
MINUTES:
Monday, February 22, 2010 Regular & Executive Sessions:
Motion made by Selectman Cook to approve the Regular and
Executive Session minutes of Monday, February 22, 2010 as presented.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 5-0.
APPOINTMENTS AND HEARINGS:
Public Comment: None at this time.
Board of Selectmen
Minutes
March 8, 2010
NEW BUSINESS:
Request to Fill Vacancy – Fire Department:
Motion made by Selectman Cahalane to place the above referenced topic on the Selectmen’s agenda.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
In the matter of public safety, George Baker, Fire Chief was in attendance to request the Selectmen approve a departmental transfer for the purpose of hiring a Step 1 Firefighter/Paramedic to fill the vacancy created by the resignation of Firefighter/Paramedic Malone.
The employee working in the Mashpee Fire Department is a certified firefighter and trained paramedic. Chief Baker explained the transfer would offset overtime costs, and alleviate the gap in shift staffing.
Upon review, the Selectmen agreed the employment transfer is necessary for public safety. Although there is a moratorium on the hiring of new employee’s, the Selectmen have the authority to review this matter on a case-by-case basis having preference to public safety positions.
Motion made by Selectman Cook to approve the Position Vacancy Request of Chief Baker to transfer an employee to secure the open Firefighter/Paramedic position at Step 1 of the intended pay scale.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
APPOINTMENTS AND HEARINGS:
Birthday Proclamation:
In honor of Marjorie Steele Mann, the Board of Selectmen read aloud a Proclamation to celebrate her 100th birthday this month.
Motion made by Selectman Cook to Proclaim March 17, 2010 as Marjorie Steele Mann Day in the Town of Mashpee and encourage all residents of Mashpee to join in the celebration to honor this dedicated individual.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Public Road Conversion Update:
It was reported the subcommittee formed to review roads is continuing to deliberate and collect data. A full report and recommendation is anticipated to be presented to the Board of Selectmen in mid April.
Mooring Report:
For informational purposes the Selectmen reviewed correspondence from Lt. Jon Read dated February 24, 2010 regarding Town Moorings. Presently, there are 701 mooring holders in the Town of Mashpee, and it is assumed that all moorings would be filled before July 1, 2010 as all saltwater areas have a wait list.
Mooring fees received for FY08 was $42,710. Mooring fees received for FY09 were $131,605. The Selectmen’s action in January 2009 increased fees to improve the revenue stream to benefit navigation and other projects funded by the waterways improvement program.
Cape Cod Resources Restoration Project:
The Selectmen were in receipt of communication from the DPW Director dated March 8, 2010 relative to the Cape Cod Water Resource Restoration Project. The CCWRRP was recently authorized by Congress. Individual projects eligible for funding include those which repair/improve fish passage, improve tidal flushing and/or treat storm water and improve water quality for shellfish areas. The initial round of funding requires project completion by December 2011.
The three projects identified for possible funding include; the Santuit Pond Dam (with construction funding limited to the primary spillway/fish ladder), John’s Pond Dam and Shoestring Bay.
The Selectmen were requested to remit a letter of support to Donald Liptack, USDA Natural Resources Conservation Service in Barnstable.
If approved, the Town is required to contribute 25% in matching funds. In-kind services qualify towards the local match of funds for construction. An additional revenue source under consideration for the funding of the Santuit Pond Dam is the Community Preservation Committee in conjunction with Town of Barnstable which derives benefit from Santuit Pond.
Motion made by Selectman Taylor to send a letter of support to the USDA Natural Resources Conservation Service for the Santuit Pond Dam, John’s Pond Dam and Shoestring Bay for funding though the Cape Cod Water Resources Restoration Project.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
A decision on funded projects is expected to be announced in mid-April.
APPOINTMENTS AND HEARINGS:
Public Hearing – Fidde Corp., d/b/a Carbos Grille and Bar – Request to Close for Renovations:
Selectman Taylor stepped down for the above referenced agenda topic of discussion.
The Board of Selectmen acting as the licensing authority for the Town of Mashpee opened the Public Hearing on the request of Fidde Corp., d/b/a Carbos Grille & Bar, Edmund Richardi, Manager, to close for the period from February 22, 2010 up to April 5, 2010 for renovations.
The hearing notice was read into the record. Edmund Richardi, Manager was in attendance to discuss the license application with the Board of Selectmen.
Mr. Richardi indicated he intends to close the facility to upgrade the floor, bar and seating to re-establish the facility as a Mexican Restaurant. When asked why Mr. Richardi did not inform the Selectmen prior to this date of the intended closure, Mr. Richardi stated he was not aware of the ABCC requirement. Mr. Richardi indicated that different towns have different regulations, and he was unsure of Mashpee’s regulation.
Being no comment on this matter, the Board motioned to close the Public Hearing.
Motion made by Selectman Cahalane to close the Public Hearing.
Motion seconded by Selectman Cook.
VOTE: 4-0.
Selectman Taylor abstained.
Motion made by Selectman Cahalane to grant the request of Fidde Corp., d/b/a Carbos Grille & Bar, Edmund Richardi, Manager, to close for the period from February 22, 2010 up to April 5, 2010 for renovations.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 4-0.
Selectman Taylor abstained.
NEW BUSINESS:
Great Neck Road Preliminary Design Submittal:
Catherine Laurent, Director of Public Works was in attendance with Matthew Eddy of Baxter Nye Engineering and Surveying to discuss improvements and realignments associated to Great Neck Road North. Work is intended to be funded through the Chapter 90 road funding process. Tom Mayo, the GIS Administrator was also present.
A sidewalk and/or bikepath are under preliminary design review. The cost of a 5’ sidewalk running the length of Great Neck Road North is $230,000. An 8’ bikepath is projected to cost $390,000. Discussion followed with respect to time constraints, added permitting, possible tree removal and target areas for easements. It was noted that additional costs such as easement costs and retaining wall construction is not included in the Chapter 90 funding allocation.
As an alternative, it was suggested the entire length of the road be widened to accommodate a shoulder lane on each side of the road for use as a bike lane. Although there is an additional cost to widen lane, the configuration would be within the road layout and would not require the taking of additional easements.
NEW BUSINESS:
Great Neck Road Preliminary Design Submittal:
It was agreed the scenarios would be further reviewed. Ms. Laurent indicated she would report to the Board in approximately one month to identify the most feasible options.
Three intersections are proposed for realignment along Great Neck Road North as the roads do not intersect at 90 degree angles. In the matter of safety it was recommended that Collins Lane, Meetinghouse Road and Quashnet Road be reconfigured.
The preliminary design submittal reflects Collins Lane realigned to plan the entrance directly across from the Town Hall. The new configuration would require an easement taking deemed beneficial to the neighboring Baptist Church. Additional parking is also proposed is this area to accommodate 73 spaces. The future parking area would incorporate additional spaces to benefit the Church, the Veteran’s Community Park, the Archives and the One Room Schoolhouse. Pastor Frye was in attendance to give input into the project proposal. Pastor Frye announced the Church is planning an addition which is now in its permitting phase. It is necessary to close the small connecting lane next to the Church to allow for the added construction. It is the intention of the Town to
abandon the small road of discussion at the onset of the Great Road North construction project next spring. During the interim, the Town of Mashpee indicated they would assist the Church by reassuring the permit authorities, the small road of discussion is earmarked to be redundant. Pastor Frye also stated the property is steep and related concern to public safety. The project engineer reaffirmed the new grade as proposed would correct any visibility problems to alleviate safety concerns in this area.
In the matter of safety, the acute angle of Meetinghouse Road is planned for realignment. In this area of Great Neck Road North, the vertical crest in the road will be altered to gain site distance for improved visibility.
Quashnet Road is proposed to be consolidated into a single access road with a 90 degree angle. Presently, the road is configured with two intersections at acute angles both exceed the minimum and desired site distance. The new design is within the Town layout and could possibly be enhanced by adding benches and increased green space. It was noted the sidewalk and/or bikeway at this area will be moved inland for continued safety.
The Selectmen were very supportive of the new design configuration for Great Neck Road North for improved public use and safety.
Request for Approval – Change Order #7 – Mashpee Public Library Project:
Change Order #7 associated to the construction of the new Mashpee Public Library as approved by the Planning & Construction Committee was reviewed by the Board of Selectmen. The change order in the amount of $6394 is reflective of directives for added mulch, millwork revisions and additional power for technical services.
Motion made by Selectman Taylor to approve Mashpee Library Change Order #7 in the amount of $6394 as presented.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Recommendation for Reappointment – Board of Registrars:
Correspondence was received from Deborah Dami; Town Clerk dated March 2, 2010 recommending the reappointment of James Vaccaro to the Board of Registrars. His term will expire on March 31, 2010.
Motion made by Selectman Cook to reappoint James Vaccaro to the Board of Registrars as recommended.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
NEW BUSINESS:
Recommendation for Appointment – Affordable Housing Committee:
The Selectmen were in receipt of a letter of interest from Berkeley Johnson dated March 3, 2010 in joining the Affordable Housing Committee. His appointment would ensure a quorum of five members to the Affordable Housing Committee.
Motion made by Selectman Richardson to accept the request of Berkeley Johnson for appointment to the Affordable Housing Committee.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Draft Policy – Determination of Financial Interests – Boards/Committees:
Correspondence was received from Town Counsel dated March 2, 2010 relative to the implementation of a policy relating to potential conflicts of interest due to financial interest of members of Mashpee Boards, Committees and Commissions. A draft policy relative to the Determination of Financial Interests pursuant to M.G.L. c.268A, §19(b)(1) as prepared by Town Counsel was presented to the Board for review and approval. It was noted that this document is applicable to all Town employees whether appointed or elected.
Motion made by Selectman Richardson to approve the draft Policy relative to Determination of Financial Interests as presented.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Reinstatement to Committees – Environmental Oversight Committee and Community Advisory Committee:
With the adoption of the above referenced policy, the Selectmen agreed to reconsider past action to accept the resignation of Edward Baker from the Environmental Oversight Committee and the Community Advisory Committee.
Motion made by Selectman Taylor to reappoint Edward Baker to the Environmental Oversight Committee and Community Advisory Committee.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
COMMUNICATIONS AND CORRESPONDENCE:
Recycling & Transfer Station Operation Update:
Last fall, the Board of Selectmen initiated the single stream recycling program in an effort to increase recycling. Single stream recycling allows all recyclable materials to be placed together in one container. To date, the program has had no effect on recycling.
Upon review of the handling of trash and recycling, the subcommittee assessing this matter has recommended the Selectmen initiate the Pay-As- You-Throw Program (PAYT) at the Transfer Station. In the PAYT system, residents pay per bag for what is disposed of. The program is promoted to create a financial incentive for residents to recycle. Recycling for residents remains free of charge. The more residents recycle the less trash that is generated. Recycling also costs the Town less than the disposal of general waste.
This issue has been an ongoing concern of the Selectmen as the SEMASS contract expires at the end of 2014. As a result, costs could substantially increase. It is the goal of the DPW to turn the Transfer Station into a self sufficient operation. With the PAYT program a 30% to 43% reduction in waste is anticipated. Statistics consider the average household cost utilizing 1.2 bundles of trash bags per week. The bundles cost $10. (30 gallon $2.00/5 bags, 15 gallon $1.25/8 bags, 8 gallon $0.83/12 bags). Using 1.2 bags per week, the average yearly cost for 30 gallon bags is $180, 15 gallon bags $133 and 8 gallon bags $107. Permit fees would be reduced from $75 to $55 per year.
In the absence of the PAYT program, the Town assumes 41% of the Transfer Station operational costs. To fully fund the Transfer Station in FY2010, the cost per sticker would be $124 per homeowner. At 41%, the cost would be $94.
It was disclosed that more communities are using PAYT in conjunction with the single stream recycling program. A self sufficient operation would help offset budgetary constraints within the Town’s operating financial plan. In the PAYT, residents have the ability to purchase a permit for use of the Transfer Station or contract individually for curbside collection. The users must purchase special bags for trash, and have the ability to control their disposal costs by recycling.
There was concern with respect to the action of the voters at the May 2009 Town Election approving the non-binding referendum ballot question to continue with the current system. In the current or status quo option, users purchase an annual permit for use of the Transfer Station. Users may also contract individually or through a homeowners association with their hauler for curbside collection.
Upon discussion, the Selectmen agreed to move forward with a Request for Proposal (RFP) to obtain the scope of services and cost analysis for the PAYT program. With the necessary information the Board will schedule a public hearing on this matter.
Recommendation for Appointments – Barnstable County Coastal Resources Committee (CRC) Member & Associate Member:
By a vote of unanimous consensus, the Waterways Commission remitted a memo to the Selectmen dated February 22, 2010 recommending the appointment of Al Wickel as Delegate to the Barnstable County Coastal Resources Committee (CRC) and Perry Ellis as Associate Delegate.
Motion made by Selectman Cook to appoint Al Wickel as Delegate and Perry Ellis as Associate Delegate to the Barnstable County Coastal Resources Committee (CRC) as recommended.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Budget Review:
The Board of Selectmen conducted review of the FY2011 budget proposal.
Given the financial condition of the Town of Mashpee, the Selectmen recommended that all paid board positions contained within the FY2011 appropriation be reduced to $1.00 per person subject to not having any adverse effects on Town employment and/or benefits. The paid positions include the following; Town Moderator, Board of Selectmen, Board of Assessors and Board of Health.
Upon consideration of this recommendation, the Selectmen agreed to consult Town Counsel with respect to this regard and place the matter on the next Selectmen’s agenda for additional review and consideration.
Each category of the budget was reviewed. The Selectmen requested clarification with regards to the Fire Department repairs/maintenance line item. With respect to the School Department, it was noted there has not been an official budget submission to date.
The Selectmen have scheduled a joint meeting with the Finance Committee on March 22, 2010 to further review the FY2011 budget.
Review of Town Meeting Warrant:
Draft #1 of the May 3, 2010 Annual and Special Town Meeting warrants was reviewed by the Board of Selectmen.
Amendments incorporated into the draft include the following;
Special Town Meeting Warrant:
Article #4: To appropriate and transfer $141,000 from the Health Insurance Account to the Unemployment Account.
(Figure was $130,000) to fund an unexpected increase in unemployment claims.
Article #5: To appropriate $89,000 (available funding) from the Waterways Improvement fund Account to the Waterways Maintenance Account.
To maintenance dredge the Popponesset Bay outer channel.
(Figure was $239,070)
Annual Town Meeting Warrant:
Article #3: Capital Improvement Program $145,000 lease of police vehicles; year 3 of 3. (10 police vehicles $105,000, 4 unmarked police vehicles $40,000) approved in FY08.
Article: Capital Improvement Program – Complete the upgrade of all Town and School Phone Systems
MCAT funding earmarked, not to exceed $230,264.
Article: Capital Improvement Program – Town Clerk; 5 Voting Machines, Identified use of Overlay Surplus to be released from Board of Assessors, funding not to exceed $37,500.
Article 9: Affordable Housing Committee membership – To re-write explanation.
Article 12: Energy Stretch Code; adopted by the Board of Selectmen
To be voted upon by Town Meeting for qualification of the Town as a Green Community.
Article #23: Petition Article to appropriate $450,000 from the stabilization fund to the School Committee to offset budget reductions.
An in-depth discussion followed in concern to the above referenced non-sanctioned petition article. It was recommended the Selectmen consider a non-binding referendum question on the May 2010 Election ballot relative to the Town’s use of stabilization funds to offset the School budget. It was agreed that Town Counsel would be consulted with respect to the appropriate language for the intended ballot question.
Motion made by Selectman Cahalane to approve the placement of a non-binding referendum question as referenced on the May 2010 Election ballot to be prepared by Town Counsel.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Execution of Personal Services Contract – Town Manager:
The Board of Selectmen reviewed the three-year contract of Joyce Mason as Town Manager. The Board commended Mrs. Mason for proven leadership, and for leading by example to accept a 0% contract increase.
Correspondence was received from Sandra Lindsey, Finance Committee Chair which was read into the record, recognized Mrs. Mason and her efforts in the absence of an Assistant Town Manager from a personal standpoint. Ms. Lindsey also made note of additional personal gratitude to Rodney Collins, Chief of Police for his leadership by taking a 0% contract increase in the absence of a Deputy Chief of Police.
Motion made by Selectman Taylor to approve and execute the Personal Services Contract of Joyce Mason as Town Manager.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Mrs. Mason added that George Baker, the Fire Chief has also agreed on a 0% contract increase. It was also announced there may be other department heads doing the same in this tough fiscal climate.
ENVIRONMENTAL OVERSIGHT COMMITTEE:
Santuit Pond Study:
Results of the Santuit Pond Study are expected to be reviewed by the Environmental Oversight Committee at their next meeting. Thereafter, the information will be presented to the Board of Selectmen in a public hearing format.
Adjournment:
Motion made by Selectman Taylor to adjourn at 8:35 p.m.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Myers, yes Selectman Cook, yes
Selectman Cahalane, yes Selectman Taylor, yes
Selectman Richardson, yes Opposed, none
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
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