AGENDA
BOARD OF SELECTMEN
MONDAY, AUGUST 23, 2010
6:30 p.m. - Convene Meeting – Conference Room 1 – Mashpee Town Hall
MINUTES
Approval of the following:
Tuesday, July 27, 2010 Regular Session
Monday, August 9, 2010 Regular Session
APPOINTMENTS & HEARINGS
6:30 Public Comment
6:40 Human Services Director
- Proclamation – National Suicide Prevention Week
6:50 Mashpee Dog Park Proposal
Request for One-Day License – Hot Diggity
COMMUNICATIONS & CORRESPONDENCE
- Correspondence from the City of Lowell – Health Insurance
OLD BUSINESS
- Route 130/Maffei Discussion
- Execution of Order for Betterment Assessment – Bayridge Development
- Simons Narrows Road, Spinnaker Drive, Yardarm Drive, Starboard Drive, Half Hitch Lane
NEW BUSINESS
- Request for One-Day License – Mashpee Wampanoag Rod & Gun Club
- Special Events Application – Oktoberfest 10K Road Race
- Sign Bylaw Discussion
- MMR Community Advisory Council Vacancy
- Review of October Town Meeting Warrant – Draft #2
- Recommendation from Town Manager – Personnel Administration Plan Amendment
LIAISON REPORTS
EXECUTIVE SESSION
Board of Selectmen
Minutes
August 23, 2010
Present: Selectman Cook, Selectman Cahalane, Selectman Richardson,
Selectman Taylor, Selectman Sherman
Town Manager Joyce Mason
Meeting Called to Order by Chairman Cook at 6:30 p.m.
Town Hall, Conference Room #1
MINUTES:
Tuesday, July 27, 2010 Regular Session:
Motion made by Selectman Richardson to approve the Regular Session
minutes of Tuesday, July 27, 2010 as presented.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cook, yes Selectman Cahalane, yes
Selectman Richardson, yes Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
Monday, August 9, 2010 Regular Session:
Motion made by Selectman Richardson to approve the Regular Session minutes of Monday, August 9, 2010 as presented.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cook, yes Selectman Cahalane, yes
Selectman Richardson, yes Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
APPOINTMENTS AND HEARINGS:
Public Comment:
Alan Waxman, Santuit Pond Road was in attendance on behalf of the Friends of Santuit Pond to present grant funding information to the Selectmen regarding the remediation of Santuit Pond utilizing SolarBee’s, solar-powered long-range circulators. Santuit pond is presently in a eutrophic state exhibiting severe algae blooms with cyanobacteria. The remediation recommendation is based upon the environmental assessment, and detailed modeling of the nutrient balance of the pond suggested by the environmental firm AECOM.
The project estimated to cost $500,000 would consist of six solar-powered long-range water circulators to deliver fresh air to the water-sediment interface and disrupt stagnant warm waters that promote algae growth and blooms in combination with the watershed reduction of phosphorus through a pending phosphorus-free fertilizer bylaw. Project partners include the Mashpee Wampanoag Tribe, the Mashpee Environmental Coalition and the Friends of Santuit Pond.
The grant funding request to the Massachusetts Environmental Trust (MET) is $100,000 over a two-year period which would leverage a proposal to the DEP for $350,000. The $500,000 estimate includes $52,000 in Town funding which has been expended to date.
The grant submission deadline to the Massachusetts Environmental Trust is October 15, 2010. The Mashpee Environmental Oversight Committee would be responsible to monitor the ongoing data collection and report to the Board of Selectmen
Jennifer Jackman, a member of the Friends of Santuit Pond distributed a new petition to the Board of Selectmen containing 90 signatures resulting in a petition of 250 signatures urging the Selectmen to take immediate action on this matter.
In other matters, Peter Thomas of Bass Cove Circle in Pickerel Cove spoke on behalf of the Route 130 bikepath. Mr. Thomas indicated the plan was accepted in its professional format. He asked who has ceased the work, and if it would cost the Town additional funds to allow the secured contractor to return to continue the intended bikepath project.
COMMUNICATIONS & CORRESPONDENCE:
Correspondence from the City of Lowell – Health Insurance:
For informational purposes the Selectmen made note of communication from the City of Lowell dated July 30, 2010 regarding control over increased health insurance costs. The City of Lowell has filed a Home Rule Petition to enable the City to act on behalf of its taxpayers in instituting plan design changes or join the Massachusetts Group Insurance Commission plan, and has urged local communities to file similar petitions.
The matter was taken under advisement. There was no action.
APPOINTMENTS AND HEARINGS:
Human Services Director – Proclamation – National Suicide Prevention Week:
Gail Wilson, Human Services Director gave a brief presentation to the Selectmen and interested public regarding suicide, the 11th leading cause of all deaths in the United States, and the 3rd leading cause of death among individuals between the ages of 15 and 24. On behalf of suicide prevention, the Board of Selectmen read aloud the Proclamation in recognition of National Suicide Prevention week.
Motion made by Selectman Cahalane to accept from the Cape & Islands Suicide Prevention Coalition, the Proclamation, and designate September 5, 2010 through September 11, 2010 as National Suicide Prevention Week in the Town of Mashpee.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cook, yes Selectman Cahalane, yes
Selectman Richardson, yes Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
Mashpee Dog Park Proposal:
In response to the Selectmen’s request, the Mashpee Dog Park Subcommittee submitted a proposal containing start-up costs, maintenance, liability and rules and regulations pertaining to the proposed Mashpee Dog Park for additional review.
The document dated July 16, 2010 addressed all concerns related to the establishment of a public dog park.
The Selectmen were requested to endorse the proposal and consider a site selection prior to their kick-off fundraiser event to be held on September 26, 2010. The Selectmen deemed that all criteria have been met. It was noted the certificate of liability covers a 1 acre site for off leash walking of dogs, if increased acreage has been selected by the Board, the insurance policy would therefore be required to be increased by the Mashpee Dog Park.
Motion made by Selectman Cahalane to endorse the Mashpee Dog Park proposal in substance as it is presented to the Board of Selectmen to date.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cook, yes Selectman Cahalane, yes
Selectman Richardson, yes Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
Mashpee Dog Park Proposal – Request for One-Day License – Hot Diggity:
Nicole Merriman representing the Mashpee Dog Park was in attendance to request the Selectmen approve the license application for the sale of beer and wine at the Hot Diggity event, a function where dogs are allowed would raise money for the future Mashpee Dog Park facility. The event is scheduled to be held on September 26, 2010 at the Village Green located on Steeple Street in Mashpee Commons from 11:00 a.m. to 5:00 p.m.
Motion made by Selectman Cahalane to approve the application of Hot Diggity on behalf of the Mashpee Dog Park, a non-profit entity to sell beer and wine on September 26, 2010 from 11:00 a.m. to 5:00 p.m. at the Mashpee Commons Village Green subject to securing a copy of the applicants certificate of liability insurance.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cook, yes Selectman Cahalane, yes
Selectman Richardson, yes Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
Route 130/Maffei Discussion:
On the matter of the ongoing Route 130 bikepath presently under construction, the Board of Selectmen held a discussion regarding the Maffei property as it relates to the easement pertaining to the layout of the bikepath/sidewalk project approved by the Town. Robert Maffei was in attendance to review this matter with the Board of Selectmen.
The design of the bikepath at the subject site location requires a 5’ easement. Mr. Maffei stated he received information from the previous Director of Public Works that there was not going to be a 5’ easement requirement in front of his establishment. After receiving this information, Mr. Maffei spent considerable funds to beautify the area which is enhanced by plantings and a sizeable stone wall.
Discussions have been ongoing with respect to the required easement. Upon review, it has been determined that it is necessary to incorporate curbing and additional drainage at the site location. An in-depth review during construction realized that additional drainage is necessary as the vertical curb creates a drainage issue. Curbing and drainage would add $14,000 to the project scope. It was noted the secured contractor is expected to bring in equipment to move forward with the planned project on Monday, August 30th.
In an effort to reach a resolution, a revised plan was considered. Mr. Maffei offered to install the curbing in front of his establishment. However, he is seeking some form of payment from the Town. It was disclosed the secured contractor was informed of Mr. Maffei’s intention, and has no objection to Mr. Maffei performing the curbing installation. The cost of the curbing if the Town completes the work is $8,000. Mr. Maffei has expressed his willingness to construct the curbing for ½ or $4,000. Work would include the necessary drainage. As a result of budgetary constraints, it was suggested the Town seek mitigation funds in the amount of $4,000 from the Cape Cod Commission held for traffic mitigation.
The contractor is expected to resume work on August 30th. The final paving is anticipated to commence on September 7th, 2010. Mr. Maffei indicated he would complete the project before the deadline. In response, the Selectmen requested this matter be placed in writing.
It was noted the Chief of Police has concern for emergency vehicles with respect to the curb at the subject site location.
Motion made by Selectman Richardson to move forward with the revised plan as referenced with the assumption the curbing work and added drainage will be completed prior to paving using mitigation funding as recognized. The revised project is approved pending a written commitment agreement secured from Mr. Maffei by a deadline of Wednesday August 25, 2010.
Motion seconded by Selectman Cahalane.
VOTE: 4-1. Motion carries.
Roll Call Vote:
Selectman Cook, no Selectman Cahalane, yes
Selectman Richardson, yes Selectman Taylor, yes
Selectman Sherman, yes Opposed, (1)
If the Town is unable to locate mitigation and/or additional funding for the above referenced project, the revision will not occur.
Execution of Order for Betterment Assessment – Bayridge Development – Simons Narrows Road, Spinnaker Drive, Yardarm Drive, Starboard Drive, Half Hitch Lane:
The Board of Selectmen reviewed the Order for Betterment Assessments as referenced. Said road improvements cost $347,565.75. the cost to be borne by the individual property owners is $3,310.15.
Motion made by Selectman Taylor to approve and execute the Order for Betterment Assessments for construction improvements to Simmons Narrows Road, Spinnaker Drive, Yardarm Drive, Starboard Drive and Half Hitch Lane.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cook, yes Selectman Cahalane, yes
Selectman Richardson, yes Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
NEW BUSINESS:
Request for One-Day License – Mashpee Wampanoag Rod & Gun Club:
Correspondence was received from the Mashpee Wampanoag Rod & Gun Club dated August 5, 2010 requesting to use their liquor license for 2010 on the dates of September 5th and October 9, 2010.
Motion made by Selectman Richardson to approve the One-Day Liquor License of the Mashpee Wampanoag Rod & Gun Club on September 5, 2010 and October 9, 2010 as requested.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cook, yes Selectman Cahalane, yes
Selectman Richardson, yes Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
Special Events Application – Oktoberfest 10k Road Race:
Gus Frederick, Recreation Director was in attendance to request the Selectmen approve the annual Mashpee Oktoberfest 10k Road Race sponsored by New Balance Mashpee on October 9, 2010. The 6.1 road race starting on Jobs Fishing Road was outlined in the event application. Applicable regulatory officials have signed off without objection. With the Selectmen’s approval, the Recreation Director will apply to MA Highway to gain permission.
Motion made by Selectman Richardson to approve the Special Events application for the annual Oktoberfest 10k Road Race as referenced.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cook, yes Selectman Cahalane, yes
Selectman Richardson, yes Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
Sign Bylaw Discussion:
The proposed new sign bylaw is presently under revision for placement on the May 2011 warrant for voter approval. During the interim, it was suggested the present sign bylaw be enforced. It was agreed that it is important to give businesses advance notice in a fair manner.
Town Counsel will be consulted with respect to appropriate wording regarding compliance and enforcement of the current sign bylaw to be advertised in the local newspaper.
MMR Community Advisory Committee:
Correspondence was received from the Environmental Management Commission dated August 6, 2010 relative to the Community Advisory Council at MMR. The CAC is seeking representation due to the resignation of former Selectman member George “Chuckie” Green.
The Community Advisory Council assists the Environmental Management Commission by providing advice on issues relative to the protection of the water supply, wildlife habitat and compatible military use on the northern acre of MMR also known as the Upper Cape Water Supply Reserve. Meetings are also forthcoming on the proposed wind turbines.
The law provides for a seat on the Council for each Upper Cape Town. The respective Boards of Selectmen recommend their representative to the Governor.
Motion made by Selectman Cahalane to recommend the appointment of Selectman Michael Richardson as Mashpee’s representative to the Community Council at MMR.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cook, yes Selectman Cahalane, yes
Selectman Richardson, yes Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
NEW BUSINESS:
Review of October Town Meeting Warrant – Draft #2:
The Selectmen agreed to review and take a position on the warrant articles of Monday, October 18, 2010. The warrant will be executed on September 13, 2010.
Article #1: Unpaid Bills. To date, there are no unpaid bills for payment. Article Held.
Article #2: To reduce the operating budget by $287,690.
Article Held. A list of budget reductions will be reviewed at the next meeting.
Article #3: To refine the purposes for which Stabilization Funds may be used.
Motion made by Selectman Richardson to support Article #3 as presented.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cook, yes Selectman Cahalane, yes
Selectman Richardson, yes Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
Article #4: To transfer $12,240 from the Interest Temporary Borrowing Inside 2 ½ Account to the Interest Temporary Borrowing Outside 2 ½ Account.
Motion made by Selectman Taylor to support Article #4 as presented.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cook, yes Selectman Cahalane, yes
Selectman Richardson, yes Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
Correspondence was received from the Library Board of Trustees dated August 10, 2010 announcing that a motion was passed at their July meeting to request the Board of Selectmen amend the two articles submitted by the Trustees by creating (2) circulation assistant positions at 19 hours each and to create (1) reference librarian position, and to submit the two amended articles at the October 2010 Town Meeting. The positions will be created, but not funded at this time.
Article #5: To create (2) new 19 hour per week circulation assistants for the Mashpee Public Library. The positions will not be funded at this time.
Motion made by Selectman Richardson to support Article #5, to create (2) new part-time circulation assistants only.
Motion seconded by Selectman Cahalane.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cook, yes Selectman Cahalane, yes
Selectman Richardson, yes Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
Article #6: To create (1) reference librarian position. The position will not be funded at this time.
Motion made by Selectman Richardson to support Article #6, to create (1) reference librarian position only.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cook, yes Selectman Cahalane, yes
Selectman Richardson, yes Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
Article #7: To set aside 10% of the estimated Community Preservation funds for open space, historic resources and affordable housing.
Motion made by Selectman Taylor to support Article #7 as presented.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cook, yes Selectman Cahalane, yes
Selectman Richardson, yes Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
Article #8: To accept the layout of Cape Drive as a public way, as a result of a public safety concern.
Motion made by Selectman Richardson to support Article #8 as presented.
Motion seconded by Selectman Sherman.
VOTE: 3-2. Motion carries.
Roll Call Vote:
Selectman Cook, no Selectman Cahalane, yes
Selectman Richardson, yes Selectman Taylor, no
Selectman Sherman, yes Opposed, (2)
Article #9: To amend the zoning bylaw in the C-1 zoning district to give the Selectmen the authority to allow undersized lots to be served by a private wastewater treatment facility, as public sewers are not currently available.
Motion made by Selectman Taylor to support Article #9 as presented.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cook, yes Selectman Cahalane, yes
Selectman Richardson, yes Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
Article #10: To grant an easement and right-of-way to Comcast.
It was suggested the article be deferred to May 2011.
Motion made by Selectman Cahalane to remove Article #10 from the October Town Meeting warrant.
Motion seconded by Selectman Taylor.
VOTE: 3-2. Motion carries.
Roll Call Vote:
Selectman Cook, no Selectman Cahalane, yes
Selectman Richardson, no Selectman Taylor, yes
Selectman Sherman, yes Opposed, (2)
Article #11: To accept the layouts as public ways of Bayshore Drive and Brookside Circle, a petition article.
Motion made by Selectman Taylor to support Article #11 as presented.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cook, yes Selectman Cahalane, yes
Selectman Richardson, yes Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
Article #12: To amend the zoning bylaw, a petition article submission.
The article was Held for input from the Planning Department.
Recommendation from Town Manager – Personnel Administration Plan Amendment:
Correspondence was received from the Town Manager dated August 19, 2010 relative to the Personnel Administration Plan (PAP). Since employees under the PAP have agreed to a 0% increase for the period of July 1, 2010 through June 30, 2011, the Town Manager has recommended granting (1) additional Personal Day with the sunset clause to not allow the carry-over after June 30, 2011 under this contract.
Motion made by Selectman Taylor to approve the Town Manager’s recommendation and grant (1) additional Personal Day during fiscal year 2011 to all regular full-time employees under the Personnel Administration Plan.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cook, yes Selectman Cahalane, yes
Selectman Richardson, yes Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
LIAISON REPORTS:
Environmental Oversight Committee:
Santuit Pond:
It was noted the SolarBee, the device to provide long-distance circulation to control blue-green algae blooms in Santuit Pond is the preferred option of the EOC at this time. However, the committee is expected to receive an additional recommendation from the Shellfish Constable. The Selectmen will receive a full report in October:
LIAISON REPORTS:
School Department:
Town Election Site Unchanged:
School Officials are not pleased with the Selectmen’s action to maintain the status quo with regards to the Town Election site at the Quashnet School. To reach an agreeable solution, the Police Chief and School Principal are expected to develop a plan for safe bus travel during this time.
Finance Committee:
Dr. Mark Davini has been appointed to fill the current vacancy.
Transfer Station:
Although funding was not attained for the schools, Cape & Vineyard is presently reviewing the Transfer Station as a site location for solar energy initiatives.
Affordable Housing Proposal:
The proposal for the Town to acquire condominium property for affordable housing purposes remains open.
Recycling:
The Recycling initiative is active and gaining exposure. As a result of increased exposure, there are improvements in the single stream recycling program.
Adjournment:
Motion made by Selectman Taylor to adjourn at 8:01 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 Selectmen Sherman.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cook, yes Selectman Cahalane, yes
Selectman Richardson, yes Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
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