AGENDA
BOARD OF SELECTMEN
MONDAY, APRIL 26, 2010
6:00 p.m. - Convene Meeting – Conference Room 1 – Mashpee Town Hall
MINUTES
Approval of the following:
Monday, April 5, 2010 Regular Session
Monday, April 12, 2010 Regular and Executive Session
APPOINTMENTS & HEARINGS
6:00 Selectman Myers Recognition
6:30 Public Comment
6:45 Public Hearing – Mashpee Commons – Entertainment Request
6:50 Public Hearing – Wicked Restaurant – Expansion of Premises
COMMUNICATIONS & CORRESPONDENCE
1) Support for Expanded Bottle Bill
2) Correspondence from School Committee Chair
OLD BUSINESS
1) Mashpee Housing Authority Deed Amendment – Breezy Acres
2) Road Conversion Preliminary Report
3) Proposed Trail – Shoestring Bay
NEW BUSINESS
1) Request of Tinderbox – One-day Permit – Wine & Malt Permit
2) Request of Ronalda Whittingham – Joshua R. Lopes Memorial Fun Run
3) Request of Kelly Fattman – BBSC Endurance Sports/Quincy to Provincetown Relay
4) Recommendation for Reappointment – Selectman Richardson to the Cape Cod Wastewater Collaborative
5) Recommendation for Appointments – Sewer Commission
6) Recommendation for Extension of Contracts for Annual Bids
7) Recommendation for Award of Contracts for Annual Bids
8) Recommendation for Extension of Contracts – Alarm Monitoring and WWTF
9) Authorization to Move Forward with Promotional Opportunity – DPW
10) Town Meeting Preparation Discussion
MMR ISSUES
ENVIRONMENTAL OVERSIGHT COMMITTEE
EXECUTIVE SESSION
Board of Selectmen
Minutes
April 26, 2010
Present: Selectman Myers, Selectman Cook, Selectman Cahalane,
Selectman Taylor, Selectman Richardson
Town Manager Joyce Mason
Meeting Called to Order by Chairman Myers at 6:00 p.m.
Town Hall, Conference Room #1
APPOINTMENTS AND HEARINGS:
Selectman Myers Recognition:
On behalf of the Board of Selectmen, Vice-Chairman Theresa Cook publicly recognized the attributes of Selectman Don Myers for his dedicated service to the Town of Mashpee. Mr. Myers served on the Board of Selectmen for the past six years. Mr. Myers also represented the Selectmen as Chairman this past year. His accomplishments include his service as Chair of the former Blue Ribbon Committee, now the Environmental Oversight Committee, recycling and trash disposal initiatives and work related expertise representing the Board of Selectmen with his accounting experience. Prior to his service as a member of the Board of Selectmen, Mr. Myer’s was a former Planning Board member.
In the ceremonious recognition, the Board of Selectmen presented Selectman Myers with a gavel and a plaque. Former Selectman member Chuck Green was in attendance to honor this dedicated individual.
Following the presentation, the Selectmen briefly adjourned to pay tribute to Selectman Myers and his wife in conjunction with the Town employee’s attending the celebration.
Recess: 6:14 p.m. Meeting Resumed: 6:30 p.m.
Public Comment: None at this time.
MINUTES:
Monday, April 5, 2010 Regular Session:
Motion made by Selectman Cook to approve the Regular Session
minutes of Monday, April 5, 2010 as presented.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 4-0.
Selectman Taylor abstained.
Monday, April 12, 2010 Regular and Executive Sessions:
Motion made by Selectman Cook to approve the Regular and Executive Session minutes of Monday, April 12, 2010 as presented.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 4-0.
Selectman Richardson abstained.
COMMUNICATIONS AND CORRESPONDENCE:
Support for Expanded Bottle Bill:
The Board of Selectmen reviewed the proposed “Expanded” Bottle Bill under consideration at the State House. The new Bill if approved would extend the nickel deposit to water, juice, energy and sport drink bottles. The cost to manage these discarded containers is currently the responsibility of municipalities through the collection of public waste receptacles, household trash and recycling programs.
Funds from the Bill if passed would support exclusively the Massachusetts Water Resources Authority (MWRA) which serves the Boston area.
With regards to the Governor’s budget recommendation for FY2011, the Selectmen reviewed the minutes of the Mashpee Board of Health dated March 10, 2010. By a vote of 2-1, the Board of Health voted to issue a letter of support in favor of the Expanded Bottle Bill, with the recommendation, the benefits from the Bill should include support for the Massachusetts Wastewater Pollution Abatement Trust (MWPAT). The MWPAT is the funding source for the community septic loan program that allows low interest loans for the repair of failed septic systems.
Motion made by Selectman Cahalane to take no action on the proposed Expanded Bottle Bill.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Dog Park Subcommittee Update:
The first meeting of the newly formed Dog Park Subcommittee was held today. The mission of the dog park is to promote responsible dog ownership and safe, legal, off-leash recreation Mashpee.
Several sites are presently under review. The optimum size is 2–3 acres with adequate parking and planned handicap accessibility. At the next meeting, the subcommittee is expected to review the business plan for the development and operation of the dog park facility. A full report will be submitted to the Board of Selectmen for additional review and consideration.
COMMUNICATIONS AND CORRESPONDENCE:
Commonwealth of Massachusetts, Department of Conservation & Recreation:
The Selectmen recently reviewed communication from the Commonwealth of Massachusetts, Executive Office of Environmental Affairs, Department of Conservation and Recreation (DCR) regarding the Town’s intent to obtain approval at the May Town Meeting to auction off certain tax title properties. In concern, the DCR requested in their letter of March 26, 2010, the Selectmen remove the parcel located at 147 Lovell’s Lane (Map 44, Block 2) from the list of properties to be auctioned.
For re-clarification, the Board indicated the article which appears on the May 3, 2010 warrant will authorize the Board of Selectmen to sell and negotiate parcels of land the Town has received through tax foreclosure. The Town Meeting article will grant the Selectmen the authority to dispense of the parcels held by tax foreclosure for the purpose of disposition and sale rather than be held by the Town for conservation purposes. There has been a misconception the only intent of the article was for purpose of auction.
It was also disclosed that tax taking parcels approved by the Sewer Commission for the future discharge of wastewater has been removed from the list of properties for disposition and sale.
Joyce Mason, the Town Manager indicated she is scheduled to meet with representatives of the DCR to further clarify this matter.
COMMUNICATIONS AND CORRESPONDENCE:
Mashpee Public Library Discussion:
A brief discussion followed with respect to the newly constructed Library noted to have received lead certification with respect to energy and environmental design. Some of the funding which supported the solar photovoltaic project and lead certification was donated by the Friends of the Mashpee Public Library. To support the project, additional revenue was received through grant funding and taxpayer support. There was a question with regards to the use of excess gift funding earmarked for energy and environmental design to perhaps use to offset staffing needs. It is the opinion of Town Counsel that it is imprudent to expend gift funds on departmental services. If required, the Board of Selectmen has the authority to return excess gift fund to the respective donor, the
Friends of the Mashpee Public Library.
APPOINTMENTS AND HEARINGS:
Public Hearing – Mashpee Commons – Entertainment License:
The Board of Selectmen opened the Public Hearing on the application of Mashpee Commons Limited Partnership to provide entertainment to the public from May 14, 2010 though December 31, 2010. The entertainment shall be held at Mashpee Commons, Mashpee, MA.
To conform to posting requirements, the hearing notice was read aloud into the record. Lissa Daly a representative of Mashpee Commons Limited Partnership was in attendance to discuss the license request with members of the Board of Selectmen and interested public.
It was noted the calendar of events provides various forms of entertainment which consists of live music, movies and entertainers, etc. The entertainment format is consistent with past entertainment licenses of the Mashpee Commons Limited Partnership held in Mashpee Commons.
Being no comment the Board motioned to close the Public Hearing.
Motion made by Selectman Taylor to close the Public Hearing.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Motion made by Selectman Cook to approve the application of Mashpee Commons Limited Partnership to provide entertainment to the public from May 14, 2010 through December 31, 2010 at Mashpee Commons, Mashpee, MA.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Public Hearing – Wicked Restaurant – Expansion of Premises:
Correspondence was received from Robert Catania; Owner/President of Wicked Restaurant, Inc. dated April 23, 2010 requesting the Selectmen remove the Public Hearing application from the agenda to allow time to resolve a few project delays.
As a result of the applicant’s request, the Public Hearing was not opened.
COMMUNICATIONS AND CORRESPONDENCE:
Correspondence from School Committee Chair:
Motion made by Selectman Cahalane to place the above topic on the Selectmen’s agenda.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Correspondence was received from Richard Bailey; Chair of the Mashpee School Committee dated April 21, 2010 relative to the Proposed Town and School Committee Commitments for the FY11 Budget. (enclosed)
The communication was read aloud into the record and was noted to be received solely from the School Committee Chair and not by a vote of the Mashpee School Committee.
Richard Bailey in his letter of April 21, 2010 to the Board of Selectmen Chair proposes several commitments for the schools and the town. If the town can commit to two items, the schools will be able to reduce the number of positions to be eliminated for FY2011 from 18 to 10. The letter states the petition article seeking $450,000 in stabilization funds for the schools would then be withdrawn.
The first commitment requested of the town is to assume responsibility for all reductions in Chapter 70 funds for fiscal year 2011. The reduction is anticipated to be $180,000.
The second commitment requested of the town pertains to out-of-district tuition. If the out-of-district tuition costs for FY11 exceed $1,457,593, the town would assume the additional costs. Total expenditures for out-of-district tuition for FY10 are anticipated to cost $1.1 million.
As per Mr. Bailey’s memorandum, if the town would commit to the above referenced requests, in addition to removing the petition article from the warrant, the school would commit to the following;
The School Committee would reduce the FY11 out-of-district tuition account by $250,000, from $1,427,872 to $1,177,872. The salary line items would then be increased by $250,000. If combined with the $180,000 “restored” from the town for Chapter 70 funding, the School Committee would have $430,000 to buy-back 8 positions, thereby reducing the number of positions eliminated for FY2011.
In addition, the School Committee prior to the use of the appropriation budget for out-of-district tuition would expend $219,721 in ARRA and Circuit Breaker funds. With the depletion of those funds, the School Committee would begin use of the operating budget account for out-of district tuition, $1,177,872. The FY11 out-of-district tuition available is in total $1,397,593. If the out-of-district tuition exceeds $1,397,593, the School Committee will assume costs up to $60,000 for a total of $1,457,593.
As part of the agreement, the School Committee would commit to cap the annual prepay at $300,000. Any unexpended funds in excess of $300,000 would be returned to the town, beginning with the 2011 budget.
In essence, the School Committee Chair is seeking an agreement with the Town to allow the School Committee to meet their budgetary choices. However, under the mandate of the Town Charter, the Town Manager has the authority to make financial decisions regarding the Town budget and the Town Meeting vote is the final determination as to how the funds are expended.
In concern to the late-filed plea, the Board re-indicated, with exception to the School Department, all other Town Departments submitted their budgets to the Town Manager in accordance with the mandates of the Town Charter in a normal and timely process. The warrant was posted in due process and as a result, the petition article cannot be withdrawn.
Discussion followed with respect to the out-of-district tuition increase and the School Committee’s practice of prepayment. It was noted that presently, there is no added benefit for advance payments.
In concern, the Board questioned as to why the School Committee did not come forth to respond to their inquiries as to the impacts to the School budget to lay-off individuals from the School district and also to other concerns regarding budgetary constraints.
OLD BUSINESS:
Mashpee Housing Authority Deed Amendment – Breezy Acres:
Correspondence was received from the Mashpee Housing Authority dated April 20, 2010 in response to the Selectmen’s request for an affirmation from the Department of Housing and Community Development (DHCD) authorizing the change to the Confirmatory Deed for the Breezy Acres expansion project.
The Selectmen were in receipt of a letter from DHCD dated April 13, 2010 without objection to the Breezy Acres project. The single correction made to the deed is to reference “low or moderate income housing” as defined by the U.S. Department of Housing and Urban Development rather than the type of housing limited to “public housing” units.
The Confirmatory Deed was approved by the Selectmen at their April 5, 2010 meeting subject to Town Counsel’s review.
Motion made by Selectman Richardson; based on the information requested, the Town move forward with the Breezy Acres project to allow the Housing Assistance Corporation to proceed.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Proposed Trail – Shoestring Bay:
At their April 5, 2010 meeting, the Board requested the Town Planner review the creation of a trail from Ash Street to Shoestring Bay. The project was brought to the Selectmen’s attention by Mashpee High School student Rhiannon Maher for her senior project.
The roads to access the proposed trail to Shoestring Bay are very narrow and there has been concern with regards to parking. The Town has ownership of two small parcels for possible parking use.
Tom Fudala, the Town Planner was in attendance to discuss his correspondence of April 22, 2010 relative to the Willowbend access easement to Shoestring Bay.
Mr. Fudala indicated the Town maintains the right to construct a trail from Ash Street via Falmouth Road to and through the Recreation Easement Area on Willowbend’s land to Shoestring Bay. For the Selectmen’s review was the Easement Plan of Land dated July 8, 2004 for the Recreation Easement Area. As noted, the Recreation Easement Area shall be used solely for pedestrian access to the waters of Shoestring Bay, for the purposes of scenic viewing, sitting, fishing and shellfishing and the launching of non-motorized canoes and kayaks. It also allows for the construction of a small dock, subject to obtaining all approvals relating to such dock.
A map of the area was provided by the Town Planner. Mr. Fudala suggested the Town consider providing a six space parking area on Town owned land to access the Bay. A previous estimate provided by the DPW Director to construct a small gravel area for two to three spaces was $1000 for materials. Available parking was deemed a priority to allow for access to the Bay for the intended users.
Motion made by Selectman Taylor to move forward with the construction of a gravel parking area on Town owned land contingent upon available funding.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
NEW BUSINESS:
Request of Tinderbox – One-day Permit – Wine & Malt:
James Sullivan, owner of the Tinderbox was in attendance to request the Selectmen approve a One-Day Permit for Malt Only to provide a Cape Cod beer tasting, 2 ounces per serving to customers on Saturday, May 15, 2010 from 1:00 p.m. to 4:00 p.m.
Mr. Sullivan indicated the event is a tasting. He does not intend to sell malt. The event is not a fundraiser. The subject site location is 38 Nathan Ellis Highway, 19 North Street, Mashpee Commons, Mashpee, MA.
Motion made by Selectman Taylor to approve the request of the Tinderbox for a One-Day Permit, Malt only to provide a tasting of Cape Cod beer on May 15, 2010 from 1:00 p.m. to 4:00 p.m. at the referenced establishment contingent upon the approval from ABCC.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 5-0.
Request of Ronalda Whittingham – Joshua R. Lopes Memorial Fun Run:
The Joshua R. Lopes Memorial Fun Run, a road race was presented to the Board for approval by Ronalda Whittingham, applicant for the Special Events Application.
It was disclosed the applicable public safety departments have signed off on the June 5, 2010 race expected to start at South Cape Beach at 10:00 a.m. to Red Brook Road and back. The road race will include a relay and children’s games at the Tribal grounds following.
Motion made by Selectman Cook to approve the Special Events Application request of Ronalda Whittingham to hold a road race entitled the Joshua R. Lopes Memorial Fun Run on Saturday, June 5, 2010 as presented.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 5-0.
NEW BUSINESS:
Request of Kelly Fattman – BBSC Endurance Sports/Quincy to Provincetown Relay:
Kelly Fattman was in attendance to request the Selectmen approve the Special Events Application to hold a 13 Relay/BBSC Endurance Sports, a road running event; 24 hours Quincy to Provincetown on the dates of May 1-2, 2010. The Police and Fire Departments have approved the running event as depicted. Five to seven runners are expected to enter Mashpee at any given time during the event between the hours of 4:00 a.m. and 10:00 a.m. It was noted that runners are required to wear head lights during overnight/early morning hours.
Motion made by Selectman Cook to approve the 13 Relay/BBSC Endurance Sports Road Running Event on Saturday and Sunday, May 1 and 2, 2010 as presented.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Recommendation for Reappointment – Selectman Richardson to the Cape Cod Wastewater Collaborative:
Motion made by Selectman Taylor to re-appoint Selectman Michael Richardson to serve on the Cape Cod Wastewater Collaborative.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 4-0.
Selectman Richardson abstained.
NEW BUSINESS:
Recommendation for Appointments – Sewer Commission:
At the October 2009 Town Meeting, the Town voted to expand the Sewer Commission from 3 to 7 members. Membership shall consist of one (1) voter from each of the five (5) precincts and two (2) members at-large. In response to advertisement, the Selectmen were in receipt of a list of individuals requesting consideration to serve on the Sewer Commission.
It was noted that Tom Fudala, the existing Sewer Commission member was appointed as an at-large member until June 30, 2012.
Responses were received from Precincts 1, 4 and 5 and from 2 individuals seeking representation to the Sewer Commission as at-large members. Vacancies exist in Precincts 2 and 3.
Motion made by Selectman Cook to appoint the following representation to the Sewer Commission;
John Malarkey – Precinct 1
Tom Fudala – Precinct 4
Tom O’Hara – Precinct 5
Oskar Klenert – At-Large
Burton Kaplan – At-Large
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
It was agreed the above referenced appointments having staggered terms would be appointed in the manner to which the vote had taken place.
It was also agreed the individuals seeking representation from Precincts 4 and 5 would be contacted regarding possible appointment to other existing boards/committees to fill the present vacancies.
Recommendation for Extension of Contracts for Annual Bids:
Recommendation for Award of Contracts for Annual Bids:
Recommendation for Extension of Contracts – Alarm Monitoring and WWTF:
The Board of Selectmen decided to collectively approve the contract awards for the above referenced bids. Correspondence was received from the DPW Director dated April 20, 2010 with respect to the above referenced contracts. (enclosed)
It was noted the catch basin cleaning did not have a bid award for FY11. Only one bid was received and the cost had doubled. It is the recommendation of the Director of Public Works to solicit three bids next year.
Motion made by Selectman Richardson to approve the bids as outlined in the DPW memorandum dated April 20, 2010 for the following; Extension of Contracts for Annual Bids, Award of Contracts for Annual Bids and Recommendation for Extension of Contracts for Alarm Monitoring and WWTF.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
Recommendation to Move Forward with Promotional Opportunity:
Catherine Laurent, Director of Public Works was in attendance to request the Selectmen approve an in-house promotion within her department to the position of a working Foreman at Step 1 of the intended pay scale.
Motion made by Selectman Cook to allow the in-house promotion in the Department of Public Works as requested.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 5-0.
Town Meeting Presentation – Recycling:
The benefits of recycling will be presented to the voters at the May Town Meeting in a brief power point presentation. Permission has been received from the Town Moderator. The Selectmen will receive information relative to the presentation prior to the start of Town Meeting.
OLD BUSINESS:
Road Conversion Preliminary Report:
As a result of the increased resident petitions to convert private roadways to public streets, a subcommittee was formed by the Board of Selectmen to review the long-term effects and implications related to the continued conversion requests.
During the review of the status of the town’s private and public roads, approximately 5 miles of private roads have been deemed unsafe and impassable at times due to poor roadway drainage.
The Board of Selectmen complimented the subcommittee on their research in presenting the Board with a concise and complete draft Road Conversion Report. Currently, there are 72 miles of town-owned public roads. There is 81 miles of private town streets. Of the 81 miles, 35 miles have been identified of having little likelihood of conversion to public roads. At this time, it is estimated that 40 miles of private roads could be considered for conversion in future years.
Due to the lack of funding for the resurfacing of Town roads, subcommittee member Charles Gasior recommended the Selectmen consider the establishment of an ongoing capital plan to repair roads.
It was noted the present FY2011 budget contains funding to conduct road repairs which include line painting, street sweeping, and crack sealing.
It was also suggested that future road work be constructed in accordance to public and municipal standard. And further, the Town should consider taking a new road in the early developmental stage.
It was agreed the draft Road Conversion Report would be placed on the May 10, 2010 agenda. Five recommendations are contained in the report that will be addressed by the Town Planner.
Town Meeting Preparation Discussion:
There was no discussion with respect to the upcoming Town Meeting. The Selectmen have scheduled a meeting prior to the May 3, 2010 Special and Annual Town Meeting to address motions and other matters pertaining to the warrant.
Adjournment:
Motion made by Selectman Taylor to adjourn at 7:44 p.m.
The Board will enter into Executive Session for the purpose of discussing litigation strategy. The Board will not reconvene in Open Session.
Motion seconded by Selectman Cook.
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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