AGENDA
BOARD OF SELECTMEN
MONDAY, NOVEMBER 1, 2010
6:30 p.m. - Convene Meeting – Conference Room 1 – Mashpee Town Hall
MINUTES
Approval of the following:
Monday, September 27, 2010 Regular Session
Monday, October 4, 2010 Regular Session
Monday, October 18, 2010 Regular Session
APPOINTMENTS & HEARINGS
6:30 Public Comment
6:40 Public Hearing – Request to Place Sign on Town Property
- Sea Mist Resort Condominium Trust Homeowners Association
6:50 Public Hearing – Private to Public Road Conversion of Sunset Strip, Wilann Road,
Claulise Lane, Noisy Hole Road
7:00 DPW Director
- Request to Fill Vacancy – DPW - Custodian
- Recommendation for Award of Annual Contract – Salt and Ice Ban
- Annual Do Not Plow Street Listing
COMMUNICATIONS & CORRESPONDENCE
- Town of Bourne – Regional Solid Waste Management Forum
OLD BUSINESS
NEW BUSINESS
- Request to Fill Vacancy – Fire & Rescue - Firefighter
- Execution of Order of Taking – Bayshore Drive/ Brookside Circle
ADDITIONAL TOPICS
(This space is reserved for topics that the Chairman did not reasonably anticipate would be discussed)
LIAISON REPORTS
EXECUTIVE SESSION
Board of Selectmen
Minutes
November 1, 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, September 27, 2010 Regular Session:
Minutes amended on page 10, correct wording: Richard J. Cook, Jr.
Motion made by Selectman Cahalane to approve the minutes of Monday,
September 27, 2010 as amended.
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
Monday, October 4, 2010 Regular Session:
Motion made by Selectman Cahalane to approve the minutes of Monday, October 4, 2010 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
Board of Selectmen
Minutes
November 1, 2010
MINUTES:
Monday, October 18, 2010 Regular Session:
Motion made by Selectman Cahalane to approve the minutes of Monday, October 18, 2010 as presented.
Motion seconded by Selectman Richardson.
VOTE: Unanimous. 4-0.
Roll Call Vote:
Selectman Cook, yes Selectman Cahalane, yes
Selectman Richardson, yes Selectman Taylor, abstained
Selectman Sherman, yes Opposed, none
APPOINTMENTS AND HEARINGS:
Public Comment:
Mashpee resident Brent McFarland spoke publicly on the recent choking death of
his fiancée and the proper procedures that should have been met by the Town of Mashpee and Sheriff’s 911 County Dispatch Center on the morning of September 4, 2010.
Due to the nature of the tragic occurrence, representatives from the media were in attendance.
Mr. McFarland discussed issues related to his address, the lack of proper street signage and inadequacies with the Town’s GIS system which could have contributed to the delay in
response time.
With a tragedy of this magnitude, Mr. McFarland requested the Town become more proactive to seek changes in public safety maps to prevent similar misfortunes.
Although it is the policy of the Board of Selectmen to not comment during Public Comment issues, the Board whole heartily indicted the discussion of the death will not end this evening. The Selectmen made a promise that Mr. McFarland would have all of the answers; however, they may not be all of the answers that he would want to hear.
Request to Place Sign on Town Property – Sea Mist Resort Condominium
Trust Homeowners Association:
The Board of Selectmen opened the Public Hearing on the application of Sea Mist Resort Condominium Trust Homeowners Association, John Livingston, Manager, 141 Great Neck Road South, Mashpee for permission to place a sign on Town property.
The Hearing notice was read aloud into the record. John Livingston was in attendance to request approval of the sign to be placed within the Town of Mashpee road layout on Great Neck Road South.
Correspondence was received from the DPW Director dated October 7, 2010 with respect to this regard. Ms. Laurent, Director indicated in her memorandum, the sign does not negatively impact the sight distance for vehicles exiting the property nor does it affect visibility for vehicles on Great Neck Road South. Due to the close proximity of the bikepath, it was recommended that Sea Mist accept all liability for any damage to the sign and its lighting that may be caused by snow plowing, users of the bikepath and similar. It was disclosed that Sea Mist has submitted a copy of their liability insurance to the Town.
Being no public comment, the Board motioned to close the Public Hearing.
Motion made by Selectman Taylor to close the Public Hearing.
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
Motion made by Selectman Taylor to approve the application of the Sea Mist Resort
Condominium Trust Owners Association, 141 Great Neck Road South to place a sign on Town property within the road layout of Great Neck Road South.
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
COMMUNICATIONS AND CORRESPONDENCE:
Town of Bourne – Regional Solid Waste Management Forum:
The Selectmen were in receipt of communication from the Town of Bourne Town Administrator dated October 12, 2010 inviting the Board of Selectmen, Town Manager and other key officials to attend a regional solid waste management forum to be held at the Upper Cape Regional Technical School on Wednesday, November 17, 2010 at 7:00 p.m.
The educational forum will bring together key decision makers and planners to build upon the work the Cape Cod Commission has initiated with its Solid Waste Advisory Committee. It is hopeful the venue of sharing information will assist to chart the course to develop efficient and environmentally friendly solid waste options. The program will be recorded and available for communities to broadcast the forum on local cable television channels.
Joyce Mason, the Town Manager and Mike Richardson, the Selectmen’s representative to the Solid Waste Advisory Committee are expected to attend on behalf of the Town of Mashpee.
Sign Bylaw Review Committee:
The Sign Bylaw Review Committee held a meeting last week with the Chamber and local businesses. Recommendations brought forth from the Chamber of Commerce include the placement of a permanent ladder type sign with removable slats at the Mashpee Rotary to announce special events and the review of banners and permitting costs. Presently, the Town charges a permit fee of $100 for a seven day banner. The amount is deemed costly, and suggested for re-evaluation.
The next meeting of the Sign Bylaw Review Committee is Thursday at 4:00 p.m.
NEW BUSINESS:
Request to Fill Vacancy – Fire & Rescue – Firefighter:
George Baker, Fire Chief was in attendance to request the Selectmen approve the position vacancy request for the employment of a Firefighter/EMT/Paramedic. Presently, the Fire Department is short staffed by three positions. This position if left unfilled would create a 4th vacancy. If approved, the position would be selected from the local employment opportunity list.
Motion made by Selectman Cahalane to approve the Position Vacancy Request for a Firefighter/EMT/Paramedic (dependent upon the certification on employment list) as recommended.
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
Execution of Order of Taking – Bayshore Drive/Brookside Circle:
The Board of Selectmen reviewed the Order of Taking for Bayshore Drive and Brookside Circle approved by a vote of Town Meeting on October 18, 2010.
Motion made by Selectman Taylor to execute the Order of Taking for Bayshore Drive and Brookside Circle in their entirety, as public ways.
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
APPOINTMENTS AND HEARINGS:
DPW Director – Request to Fill Vacancy – DPW – Custodian:
As a result of an employee termination, there is a vacancy in the three-member custodial team assigned to clean all Town (non-school) buildings. The vacant position is funded in the current fiscal year. The Town buildings are cleaned on a daily basis, Monday through Friday. The builings include Fire Station #1, the Police Station, Senior Center, Library, Town Hall, Archives and DPW.
It was noted there is a preference to hire a Mashpee resident for the position.
Motion made by Selectman Taylor to approve the Position Vacancy Request for a DPW – Custodian as referenced.
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
DPW Director – Recommendation for Award of Annual Contract – Salt and Ice Ban:
Bids for the purchase of Salt and Ice Ban were received for municipalities in Plymouth and Barnstable County Catherine Laurent, DPW submitted a memorandum dated October 14, 2010 to the Selectmen with respect to this regard.
The DPW Director recommended a contract be awarded for the Purchase of Salt to Eastern Minerals for a price of $50.55 per ton. Eastern Minerals is the lowest, responsive bidder. The FY11 price is a reduction of approximately 11% from FY10.
Motion made by Selectman Richardson to award the Annual Contract for the Purchase of Salt to Eastern Minerals with a bid price of $50.55 per ton.
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
It was also recommended the Selectman award a contract for the Purchase of Ice Ban to Safe Roads with a bid price of $0.99 per gallon. Safe Roads is the lowest, responsive bidder. The cost is an increase of approximately 9% from last year.
Motion made by Selectman Richardson to award the Annual Contract for the Purchase of Ice Ban to Safe Roads with a bid price of $0.99 per gallon.
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
Public Hearing – Private to Public Road Conversion of Sunset Strip. Wilann Road, Claulise Lane, Noisy Hole Road:
The Board of Selectmen opened the Public Hearing to consider the adoption of proposed Town road layouts as shown on plans prepared by Eagle Surveying, Inc., and entitled:
Easement Taking and Layout Plan of Wilann Road dated January 14, 2010, Easement Taking and Layout Plan of Claulise Lane dated January 14, 2010, Easement Taking and Layout Plan of Noisy Hole Road dated January 13, 2010 and Easement Taking and Layout Plan of Sunset Strip dated January 8, 2010. Copies of the plans may be reviewed in the Office of the Board of Selectmen/Town Manager at Mashpee Town Hall.
The Hearing notice was read aloud into the record. The total estimated betterment cost for Sunset Strip, Wilann Road, Claulise Lane, and Noisy Hole Road is $660,558.90. The estimated cost to be borne by 75 property owners is $8,807.45. The amount reflects the maximum allowable charge by the Town of Mashpee for this betterment.
It was noted that all abutters have received notification of said Hearing. For additional review, individual estimated betterment costs for each road were presented as follows;
Road Estimated Betterment Cost Cost to be Borne by Property Owners
Sunset Strip $261,756.08 27 Property Owners $9,694.67
Wilann Road $224,457.49 31 Property Owners $7,240.56
Noisy Hole $112,298.24 6 Property Owners $18,716.37
A detailed outline of the intended work to be performed by the Department of Public Works to bring the roads to Town standards was also outlined in the estimations for the road conversion. In order for the road conversion to move forward, a second petition signed by 51% of the property owners is required for the Selectmen to proceed with placing an article on the next available Town Meeting. For an article to be placed on the May 2011 warrant, a signed petition must be submitted to the Selectmen’s/Town Manager’s Office on or before the date of February 14, 2011.
The Hearing was opened to solicit comment.
Marc Denardo, 17 Wilann Road stated he is totally against the almost $9,000 betterment. Mr. Denardo agreed the access road, Sunset Strip is a heavily traveled road, and offered to fill the pot holes with the neighbors of Sunset Strip.
It was noted that Cotuit Woods and Coombs, off Wilann is not included in the road taking.
Catherine Laurent, Director of Public Works indicated the project is costly because the road needs new drainage, and it is required to be pulverized, reconstructed and re-paved to adhere to Town standards.
Barbara Butler, 80 Wilann asked if a section of Noisy Hole was included in the reconstruction. The DPW Director in response indicated the subdivision ends at the intersection of Wilann and Noisy Hole.
Edith Merrigan, Noisy Hole Road asked why it is more costly to reconstruct Noisy Hole. Ms. Merrigan stated the large sink-hole in the road is disgraceful, and it would sink a car. Ms. Merrigan indicated that public safety officials are not able to get through. In her opinion, she cannot understand why this section will not be paved or graded when the Town is asking $18,000 from the Noisy Hole residents to repair the road.
In response, the Town Manager indicated the Board of Selectmen received a petition from the area residents to take the roads. It is the responsibility of the Town to obtain a cost estimate for repairs. The cost to the 6 property owners of Noisy Hole Road is $18,716.37. The cost collectively for 75 property owners is $8,807.45.
Ms. Merrigan asked who is responsible to maintain the roads. It was disclosed the Town would be responsible to maintain the roads when they are brought to Town standard. Regarding the condition of the road, and the sink-hole, the DPW Director indicated in her tenure she has not received a request from public safety officials to re-grade the road.
For clarification purposes, the Selectmen indicated that a petition initiated by 51% the residents to take over the road was received. As a private road, it is the responsibility of the residents to maintain the roads, which includes any clean-up. The abutters own to the mid-line of the road, and it is their maintenance responsibility.
Ms. Merrigan noted the petition was submitted by the residents approximately 1.5 years ago. She asked why the process has taken so long. In response, it was noted the Town has received a flood of petitions for road takings. After receiving a petition, the Selectmen must place an article on the Town Meeting warrant to authorize engineering fees to conduct the betterment assessment. In general, a road taking is a two-year process.
It was noted the residents have the option to deposit funds into a Town Account to allow the Department of Public Works to conduct the repairs. This may be an option to save the residents road repair costs. It would be necessary to obtain an estimate from the DPW to conduct the road work and repair.
Frederick Capen, Wilann Road stated that he is astounded to read the cost. He stated that he never expected to cost to be so high. Mr. Capen indicated he has been a resident for the past eleven years and was not aware the road is a private road. He wanted to state for the record, the cost is not realistic.
Mr. Denardo commented again on the $9,000 cost and noted that if he decides to sell his house next year, he may have to place the cost on the new homeowner or pay the betterment in full before the sale.
Stephen Matson, 121 Sunset Strip asked if a private contractor can do the work. In response, the DPW Director indicated that many cost estimates are received from private contractors
because the Town does not have the equipment. The Town then awards a bid to the low
bidder of the bids received.
Vincent Pena, 21 Claulise inquired as to the payment options. He was informed that once
the Board of Selectmen adopts the betterment assessment, an individual homeowner
has the ability to pay the betterment in one lump sum or spread the assessment over a
period of twenty years. The maximum interest fee on twenty year betterment
assessment is 5%.
Barbara Butler of Wilann Road asked why there are only 75 property owners assessed
when the original estimate was 80. It was noted there was a clerical error in the
Selectmen’s Office when determining the property owners of the intended betterment.
Timothy Irwin, Wilann Road questioned the temporary interest figure. He was informed the 5% maximum figure is determined by Massachusetts General Law. The interest is
included in the betterment if it is paid over a twenty year period because the Town
needs to borrow the funds to complete the intended road conversion. It was noted that Town owned conservation land is not assessed a betterment, and conservation land does not contribute to the road traffic.
Tom Fudala, the Town Planner residing at 60 Wilann Road stated for the record the land on the west side of Noisy Hole Road is owned by the Tribal Council.
Kenneth Gauvin of 38 Wilann made note of the nitrogen levels in the soil and asked when the Town would be sewering the area. Mr. Fudala, a Sewer Commission member indicated the sewering process is still in the developmental phase, and sewering could possibly
begin in approximately ten years. One of the first streets under consideration to sewer is Great Neck Road which might happen in two, ten, twenty or fifty years. Mr. Fudala also added there is a large parcel of land in the area for sale which is on the other side of the giant sink-hole, and not part of the subdivision associated to the road conversion.
David Almquist, 20 Wilann Road stated that it is estimated to cost less than $2,000 to
patch Sunset Strip. He asked the Selectmen if it would be possible to petition the neighborhood to divide the cost to repair Sunset, $9,694.67, a cost to be borne by all 75 property owners. It was clarified the total estimated betterment to repair Sunset Strip is $261,756.08, an estimated cost of $3,490.08 per property owner.
It was agreed that Town Counsel would be consulted with respect to the legalities associated to the above referenced question.
Kathy Bailey, 11 Wilann indicated that she has resided at her home for the past
twelve years. It was her assumption, the property was located on a Town road since her
home has Town water. It was explained the Water District is a separate entity from the
Town of Mashpee.
Regarding the possibility of assessing the $261,756.08 betterment for repairs to Sunset
Strip, the question was asked if 51% petitioned in favor, would those opposed still have
to pay their share. In response, it was noted those opposed would have the ability to
be heard on Town Meeting floor. The ultimately authority to approve the betterment
is by a vote of Town Meeting.
Marie Hetherman of 38 Claulise Lane stated that those who were in favor of the petition
did not fully understand the costs associated to the road conversion.
Art Jacobson, 50 Wilann Road asked what it means to take a road. When a road is taken, it is constructed to meet Town standards set by the Planning Board and Department of Public Works. Upon the completion of construction, the Town then assumes all responsibilities
to repair and maintain the roads.
When asked of the timing to conduct the road conversion, the schedule was outlined as follows, if the second petition is approved by a vote of the May 2011 Town Meeting, the
road is anticipated to be completed in the fall of 2011. The betterment process takes approximately one year before it appears on the tax bill for payment.
Sunset Strip resident Stephen Matson asked if the road is repaired with a pothole, would the Town pave it. The response was affirmative. When asked about overhanging brush and potholes, it was noted the homeowner must inform the DPW to ensure the road meets
the department’s requirements for snow plowing.
Julie Mauro, 90 Sunset Strip asked if all residents can be bettered since Sunset Strip is the access strip. Ms. Mauro asked if the neighboring streets are able to force Sunset Strip
to become a public road. It was suggested that a homeowners association be considered.
Mr. Fudala clarified a previous question regarding the taking plan. Mr. Fudala indicated that property owners technically do not own to the center line of the road. It is owned b the developers.
Mr. Almquist asked the DPW Director about the clearing of overhanging brush. He was
informed by the DPW Director that roads with overhanging brush should be cleared
a minimum of 4’ back along each side of a road with a height of 14’ above. It was noted the
entire development, not just Sunset Strip is on the Town’s No Plow List at this time.
Being no further comment, the Board motioned to close the Public Hearing.
Motion made by Selectman Taylor to close the Public Hearing.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cook, yes Selectman Cahalane, yes
Selectman Richardson, yes Selectman Taylor, abstained
Selectman Sherman, yes Opposed, none
DPW Director – Annual Do Not Plow Street List:
Catherine Laurent, DPW Director gave a presentation to the Selectmen regarding
roads contained on the Do Not Plow List for potholes, lack of turnarounds, no signage and overhanging brush. As per DPW stipulations, roads with overhanging brush should be cleared a minimum of 4 feet back along each side and to a height of 14 feet above. The
edges of private roads should be staked and all vehicles should be parked 6 feet from the road
surface.
Regarding Bayshore Drive and Brookside Circle, roads approved by a vote of the October 2010 Town Meeting for conversion, and by a vote of the Board of Selectmen on this date to approve the Order of Taking, it was noted the roads are not technically Town roads until they are recorded in the Registry of Deeds.
Upon review of the extensive list, it was agreed that roads without a turn-around would not be disqualified from snow plowing. The Selectmen took the following action to this effect.
Motion made by selectman Cahalane to declare that roads having no turn-around
will no longer be a disqualification. Each case shall be removed on a case-by-case
basis.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 5-0.
Motion made by Selectman Taylor to close the Public Hearing.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cook, yes Selectman Cahalane, yes
Selectman Richardson, yes Selectman Taylor, abstained
Selectman Sherman, yes Opposed, none
With regards to potholes, it was agreed the roads should be repaired prior to plowing. If a
road on the Annual Do Not Plow Street List makes improvements, it was agreed the
DPW Director should be consulted prior to improvements and also notified for
re-inspection purposes. The No Plow Street List shall be advertised in the local paper and on the Town’s website. It was agreed the Selectmen would obtain an update from the
DPW Director and re-visit the list at the next Selectmen’s Meeting.
LIAISON REPORTS:
Mashpee Library:
Selectman Richardson is scheduled to meet with Janet Trask prior to the onset of the volunteer training program at the new Mashpee Library.
Mashpee Food Pantry:
The Town of Mashpee and Mashpee Chamber of Commerce have been working diligently
to seek space for the relocation of the Mashpee Food Pantry. Their efforts to date have
not been successful.
Adjournment:
Motion made by Selectman Cahalane to adjourn at 7:55 p.m.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 5-0.
Motion made by Selectman Taylor to close the Public Hearing.
Motion seconded by Selectman Sherman.
VOTE: Unanimous. 5-0.
Roll Call Vote:
Selectman Cook, yes Selectman Cahalane, yes
Selectman Richardson, yes Selectman Taylor, abstained
Selectman Sherman, yes Opposed, none
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
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