AGENDA
BOARD OF SELECTMEN
MONDAY, SEPTEMBER 13, 2010
6:30 P.M. – Convene Meeting – Conference Room 1 – Mashpee Town Hall
MINUTES
Approval of the following:
Monday, August 23, 2010 Regular Session & Executive Sessions
APPOINTMENTS & HEARINGS
6:30 Public Comment
7:00 Joint Meeting with Finance Committee
- Review & Execution of Town Meeting Warrant
COMMUNICATIONS & CORRESPONDENCE
OLD BUSINESS
- Dog Park Discussion
- Ratification of Certification of State of Emergency for the Town of Mashpee – September 3, 2010
NEW BUSINESS
- Request to Fill Vacancy – Kids Klub
- Request for One-Day License – Mashpee Wampanoag Rod & Gun Club
Request for One-Day License – Mashpee Memorial VFW Post 5489 - Oktoberfest Event
- Request of Mashpee Baptist Church – Waive Fees for Building Addition
- Acceptance of Resignation – South Cape Beach Advisory Committee
Acceptance of Resignation – Human Services Committee
- Recommendation for Appointment – Human Services Committee
- Execution of Order of Taking - Quashnet Valley Estates
- Execution of Order of Taking – Horseshoe Bend Way
Habitat for Humanity – Affordable Housing Project – 12 Russell Road
–Designation as a LIP Project
– Request to Waive Fees
LIAISON REPORTS
EXECUTIVE SESSION
Board of Selectmen
Minutes
September 13, 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:
Monday, August 23, 2010 Regular & Executive Sessions:
Motion made by Selectman Richardson to approve the Regular and
Executive Session minutes of Monday, August 23, 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: None at this time.
COMMUNICATIONS & CORRESPONDENCE:
Cape Drive – Conversion of a Private Way to a Public Way:
For clarification purposes, the Town Manager indicated the Selectmen took action to place an article on the October Town Meeting warrant to authorize the conversion of Cape Drive only, a private way to a public way in the matter of public safety. As a result of the public forum held on June 28th, there was a misunderstanding the Selectmen were to take additional roads for public safety. To respond to citizen concerns in the John’s Pond area, a notice will be posted on the Town’s website to confirm the Selectmen will not be moving forward with the road conversion.
Board of Selectmen
Minutes
September 13, 2010
COMMUNICATIONS & CORRRESPONDENCE:
Update on November Election Ballot:
Attendance at the Cape Cod Selectmen & Councilor’s Association meeting prompted the Selectmen to make clear, the impacts that would occur if the initiative petition ballot question to reduce the current 6.25% sales and use tax rates to 3% were to pass. If the question is supported at the November election, the State budget would lose approximately $2.5 billion. As a reminder to citizens when they make their decision, a large percentage of this budget supports local aid and education.
Selectmen’s Protocol – Daily Information:
To further clarify the daily emails and information that is channeled to the Board of Selectmen for response, it was noted that protocol has been established whereby one person, whether it is a liaison or department head takes action when it is appropriate. Individual Selectmen members act as a conduit for the Board. However, it takes the action of the full five- member Board of Selectmen to make policies and decisions.
Update – Route 130 Bikepath/Sidewalk:
It was announced the revised bikepath/sidewalk plan relative to curbing and drainage has been completed by Maffei Landscape. The contractor, Lawrence-Lynch is also on schedule to complete the paving. All work to date has been installed timely and appropriately. Mr. Maffei is expected to complete his portion of the brick pavers this week. Additional items to complete the project include hydro-seeding and fencing.
OLD BUSINESS:
Dog Park Discussion:
Upon review of five sites under consideration for the future Dog Park, the Board of Selectmen in accordance with the Open Meeting law publicized the selected site, Ashumet Road. After eliminating two of the five sites, the Selectmen made note of their preference for the one-acre parcel on Ashumet Road due to its proximity to the bikepath and area trails. The location was deemed safe with desirable topography. The area of the proposed Dog Park has existing parking and it is nearby to where children play. Although the land is Town-owned, it is intended to be privately funded to support the Dog Park.
It was noted the Mashpee Dog Park Committee met before the Board of Selectmen recently and addressed all concerns related to the establishment of a public dog park. Liability insurance has been obtained for the one- acre park. It was noted the one-acre site would have the ability for future expansion with the Selectmen’s approval.
A fundraising event is scheduled on September 26, 2010 in Mashpee Commons to unveil the new site and to raise money for the future Dog Park facility.
Motion made by Selectman Cahalane to designate the one-acre Ashumet Road site for the future Mashpee Dog Park.
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
It was agreed that a time limit to raise funds would be included in the terms of the agreement as it is necessary for the non-profit entity to secure all funding for the new facility to proceed on Town land.
OLD BUSINESS:
Ratification of Certification of State of Emergency for the Town of Mashpee – September 3, 2010:
As a result of the close proximity of Hurricane Earl, the Board of Selectmen declared a State of Emergency for the Town of Mashpee on September 3, 2010. Such declaration requires a vote of the Board of Selectmen in Open Session.
Motion made by Selectman Cahalane to ratify the Certification of State of Emergency for the Town of Mashpee on September 3, 2010.
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
NEW BUSINESS:
Request to Fill Vacancy – Kids Klub:
The Board of Selectmen were requested to approve the Position Vacancy Request for the position of Administrative Secretary; 30 hours to the Recreation Department. The position is fully funded by the Kids Klub Enterprise program, and is a necessary position due to the resignation of Christine Mone.
Motion made by Selectman Richardson to approve the Position Vacancy request of the Recreation Department to fill the position of Administrative Secretary; 30 hours.
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:
Courtenay Mills was in attendance on behalf of the Mashpee Wampanoag Rod & Gun Club requesting the Selectmen allow the Club to use their liquor license date on Saturday, October 2, 2010 with a rain date of October 3, 2010.
Motion made by Selectman Cahalane to grant the Mashpee Wampanoag Rod & Gun Club the use of their liquor license date on October 2, 2010 with a rain date of October 3, 2010.
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
Request for On-Day License – Mashpee Memorial VFW Post 5489 – Oktoberfest Event:
Mashpee Memorial VFW Post 5489 Commander Edwin “Ted” Theis was present to request the Selectmen approve their application to sell beer and wine in the restricted area during the annual Oktoberfest event at Mashpee Commons on October 9, 2010 with a rain date of October 10, 2010. Mr. Theis indicated the VFW Post intends to conduct a fundraiser for the VFW scholarship fund with the Kiwanis Club.
Selectman Cook, president of the Kiwanis Club excused herself from voting on this matter. Selectman Cahalane presided.
Motion made by Selectman Taylor to approve the request of the VFW Post 5489 in conjunction with the Mashpee Kiwanis Club to sell beer and wine during the hours of the annual Oktoberfest at Mashpee Commons on October 9, 2010 with a rain dated of October 10, 2010.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 4-0.
Selectman Cook declined to vote.
Roll Call Vote:
Selectman Cook, abstained Selectman Cahalane, yes
Selectman Richardson, yes Selectman Taylor, yes
Selectman Sherman, yes Opposed, none
Request of Mashpee Baptist Church – Waive Fees for Building Addition:
Paul Ferazzi was in attendance on behalf of the Mashpee Baptist Church, a non-profit entity to request the Selectmen waive the building permit fees associated to the much needed addition to the Church. Mr. Ferazzi indicated the cost is $800.
It was disclosed the Board of Appeals have waived their fee for the 25’x30’ addition to the Church. The cost for the septic permit from the Board of Health was $100.
The Selectmen as per policy review the waiver of fees on a case-by-case basis.
Motion made by Selectman Cahalane to waive the building permit fee associated to the Mashpee Baptist Church.
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
Acceptance of Resignation – South Cape Beach Advisory Committee;
The Selectmen were in receipt of a resignation from Ben Lofchie from the South Cape Beach State Park Advisory Committee dated September 8, 2010. It was agreed the position would be duly advertised.
Motion made by Selectman Richardson to accept the resignation of Ben Lofchie from the South Cape Beach State Park Advisory Committee with regret.
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
Acceptance of Resignation – Human Services Committee:
Correspondence was received from Cynthia Green dated August 27, 2010 resigning from the Human Services Committee.
Motion made by Selectman Cahalane to accept the resignation of Cynthia Green from the Human Services Committee with deep regrets.
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
The Board agreed to acknowledge Ms. Green with a letter of appreciation.
Recommendation for Appointment – Human Services Committee:
Gail Wilson, Human Services Director remitted a memorandum to the Selectmen dated September 1, 2010 recommending the appointment of Janice Walford to the Human Services Committee. Attached for the Selectmen’s review was a letter of interest from Ms. Walford dated July 21, 2010 seeking appointment.
Motion made by Selectman Cahalane to appoint Janice Walford to the Human Services Committee.
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
Execution of Order of Taking – Quashnet Valley Estates:
The Board of Selectmen reviewed the Order of Taking voted by the Town on May 3, 2010 to accept the layout of Snead Drive, Miller Circle, Nelson Circle, Hogan Drive, Great Hay Road, Player Circle and Palmer Road (Quashnet Valley Estates) as public ways.
Motion made by Selectman Richardson to execute the Order of Taking for Quashnet Valley Estates as presented.
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
Execution of Order of Taking – Horseshoe Bend Way:
The Order of Taking to accept the layouts of Horseshoe Bend Way in its entirety as a public way as approved by a vote of Town Meeting on May 3, 2010 was presented to the Selectmen for execution.
Motion made by Selectman Richardson to execute the Order of Taking for Horseshoe Bend Way as presented.
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
Habitat for Humanity – Affordable Housing Project – 12 Russell Road
Designation as a LIP Project:
Request to Waive Fees:
Donald Dickinson of Habitat for Humanity was in attendance to request the Selectmen support their application to DHCD for designating the 12 Russell Road project as a Local Initiative Project (LIP). Correspondence was received from Habitat for Humanity of Cape Cod dated August 12, 2010 with respect to this regard.
The designation of the LIP would allow the project to fall under the Chapter 40B Comprehensive Permit, and ensure that upon completion of the construction and sale, the house would be counted towards the Town’s inventory of subsidized housing.
Habitat has also requested the Board waive fees associated to the construction of the project.
It was disclosed that presently Habitat does not own the property. With the approval of the Chapter 40B Comprehensive Permit, Habitat would purchase the property and develop the lot as intended. The Selectmen’s support of the LIP will allow Habitat to go before the ZBA for approval of the 10,000 square foot lot as a 40B project.
Discussion followed with regards to the lot configuration. It was noted that this lot has been a controversial piece of property. The project was before the Community Preservation Act Committee twice, once by the owner John West, and then by Habitat for Humanity in conjunction with the owner. The subject property has also been before the Planning Board on several occasions. The 10,000 square foot non-conforming lot received an ANR (approval not required) designation from the Planning Board.
Tom Fudala, the Town Planner was in attendance to discuss this matter with the Board of Selectmen. Mr. Fudala indicated the land as it is presently configured has adequate frontage, 150’ on Russell Road. The Town Engineer Charles Rowley has also determined the lot configuration has adequate frontage. It was noted the lot has been modified in an odd shape to conform to the frontage requirements.
It was also noted the 40,000 square foot lot on 26 Russell Road will continue to be retained by Mr. West.
Motion made by Selectman Richardson to support Habitat for Humanity and their application for designating 12 Russell Road, Mashpee as a Local Initiative Project (LIP), and waive the permit fees associated to the project if Habitat for Humanity maintains ownership of the 12 Russell Road property.
Motion seconded by Selectman Cahalane.
VOTE: 4-1. Motion carries.
Selectman Taylor in opposition.
Roll Call Vote:
Selectman Cook, yes Selectman Cahalane, yes
Selectman Richardson, yes Selectman Taylor, no
Selectman Sherman, yes Opposed, (1)
APPOINTMENTS AND HEARINGS:
Joint Meeting with Finance Committee:
Review & Execution of Town Meeting Warrant:
The Board of Selectmen met in joint convention with members of the Finance Committee for the purpose of reviewing the October 18, 2010 Town Meeting Warrant. In attendance were Oscar Klenert, Bill Johnson, George Schmidt, Chuck Gasior, Mark Davini and Bob Chalker.
It was disclosed the Board of Selectmen took a position on most of the articles at their August 23, 2010 meeting.
The two respective boards took the following action;
Article #1: To pay Fiscal Year 2010 bills received after the close of the fiscal year.
Motion made by Selectman Taylor to recommend approval of Article #1 of the October Town Meeting Warrant.
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
The Finance Committee voted 6-0 unanimously to approve Article #1.
Article #2: To reduce the FY 2011 operating budget in the amount of $87,690 as referenced. The figure was reduced from $287,690 as a result of unanticipated new growth.
Motion made by Selectman Taylor to recommend approval of Article #2 of the October Town Meeting Warrant.
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
The Finance Committee voted 6-0 unanimously to approve Article #2.
Article #3: Use of Stabilization Fund.
Correspondence was received from Town Counsel dated September 8, 2010 with respect to the above referenced article. It was noted the article as it is presently written is difficult to understand. If necessary, Town Counsel would be present at Town Meeting to simplify the wording.
The Board of Selectmen previously voted 5-0 to recommend approval of Article #3.
The Finance Committee voted 5-1 to approve Article #3. Motion carried.
Article #4: To transfer funds from the Interest Temporary Borrowing Inside 2 ½ Account to the Interest Temporary Borrowing Outside 2 ½ Account.
The Board of Selectmen previously voted 5-0 to recommend approval of Article #4.
The Finance Committee voted 6-0 unanimously to approval Article #4.
Article #5: To create two new part-time Circulation Assistant positions; 19 hours per week. The article will not be funded at this time.
The Board of Selectmen previously voted 5-0 to recommend approval of Article #5.
The Finance Committee voted 3-3 to approve Article #5. The motion did not carry. There was no recommendation.
Article #6: To create the position of full-time 37.5 hours/week Reference Librarian for the Mashpee Public Library. Due to fiscal constraints, the article will not be funded at this time.
The Board of Selectmen previously voted 5-0 to recommend approval of Article #6.
The Finance Committee voted 3-3 to approve Article #6. The motion did not carry. There was no recommendation.
Article #7: To set aside the 10% reserves of the estimated
Community Preservation funds.
The Board of Selectmen previously voted 5-0 to recommend approval of Article #7.
The Finance Committee voted 6-0 unanimously to approve Article #7.
Article #8: To accept the layout of Cape Drive as a public way. The article was initiated by the Board of Selectmen for public safety.
The Board of Selectmen previously voted 5-0 to recommend approval of Article #8.
The Finance Committee voted 5-1 to recommend approval of Article #8. The motion carried.
Article #9: To amend the zoning bylaw to allow undersized lots within a C-1 zoning district to be served by a private wastewater treatment facility as public sewers are not currently available.
The Board of Selectmen previously voted 5-0 to recommend approval of Article #9.
The Finance Committee voted 6-0 unanimously to approve Article #9.
Article #10: A petition article to accept the layouts of Bayshore Drive and Brookside Circle.
The Board of Selectmen previously voted 5-0 to recommend approval of Article #10.
The Finance Committee voted 6-0 unanimously to recommend approval of Article #10.
Article #11: A petition article to amend the zoning bylaw regarding cluster subdivision provisions. The Town Planner was in attendance to discuss the article as presented. Correspondence was received from the Town Planner dated August 26, 2010 with respect to this regard.
Motion made by Selectman Taylor to recommend approval of Article #11 of the October Town Meeting Warrant.
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
The Finance Committee voted 6-0 unanimously to recommend approval of Article #11.
Warrant Typo – Signature Page to read: Theresa Cook, Chairman
Motion made by Selectman Taylor to approve and execute the October 18, 2010 Town Meeting Warrant as amended.
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
The Finance Committee voted 6-0 unanimously to approve the October Town Meeting Warrant as amended.
LIAISON REPORTS:
Environmental Oversight Committee:
The EOC Committee is presently reviewing the Santuit Pond Study and is expected to present a report to the Board of Selectmen at their next meeting. It was disclosed the EOC is also aware of the Friends of Santuit Pond and their Solar Bee proposal to provide long-distance circulation to control algae blooms.
The Planning Board has voted to recommend a new representative to the EOC. The recommendation will be forwarded to the Board of Selectmen for appointment at the August 23, 2010 meeting.
Recycling Activities:
The Go Single campaign initiative has increased recycling by approximately 15%. The Recycling Committee is meeting next week to review additional scenarios to improve the rate of recycling.
Library – Volunteer Training:
Selectman Michael Richardson is now working with the Mashpee Library and Friends of the Mashpee Library to train new volunteers.
Sign Bylaw:
It was noted the Planning Board and Mashpee Chamber of Commerce are expected to submit comment on the new and proposed Sign Bylaw. The bylaw revision will appear on the May 2011 warrant for voter approval.
Adjournment:
Motion made by Selectman Taylor to adjourn at 8:00 p.m.
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
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
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