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January 5, 2009
AGENDA
BOARD OF SELECTMEN
MONDAY, JANUARY 5, 2009


6:30 p.m. - Convene Meeting – Conference Room 1 – Mashpee Town Hall

        MINUTES

Approval of the following:
                        Monday, December 15, 2008 Regular and Executive Sessions                

APPOINTMENTS & HEARINGS

                6:30    Public Comment
                6:40    Chief Baker - Firefighter Request for Leave of Absence
                        Certification of Hiring Process – 2 Firefighters
                        
        COMMUNICATIONS & CORRESPONDENCE

OLD BUSINESS

1.)     Amendment to Policy No. 16 (Conduct Policy)
        
NEW BUSINESS
        
1)      Request of DPW Director – Increase in Fees – Transfer Station
2)      Request of Town Clerk – Increase in Fees
3)      Mashpee Wampanoag Rod & Gun Club – Application for One-Day Permit
4)      Recommendation for Appointment – Waterways Commission
5)      Request for Leave – Police Department Dispatcher
6)      Designation of Voting Member – MMA Annual Business Meeting
7)      Acceptance of Resignation – Council on Aging
8)      Recommendation for Appointment – Council on Aging
9)      Recommendation for Appointment – Affirmative Action Committee
10)     Ratification of Contract - Deputy Police Chief  
11)     Acceptance of Resignation – Planning Board/CPC/EOC
12)     Mashpee Village – Small Cities Loan

MMR ISSUES

ENVIRONMENTAL OVERSIGHT COMMITTEE

EXECUTIVE SESSION

Board of Selectmen
Minutes
January 5, 2009

Present:        Selectman Cahalane, Selectman Taylor, Selectman Cook,
                Selectman Green, Selectman Myers
                Town Manager Joyce Mason
                Assistant Town Manager René Read

                Meeting Called to Order by Chairman Cahalane at 6:30 p.m.
                Town Hall, Conference Room #1

                MINUTES:

                Monday, December 15, 2008 Regular and Executive Sessions:

                Motion made by Selectman Cook to approve the Regular and
Executive Session minutes of Monday, December 15, 2008 as presented.
Motion seconded by Selectman Green.
VOTE:  Unanimous.  5-0.

APPOINTMENTS AND HEARINGS:

Public Comment:

Selectman Green stepped down as a member of the Board of Selectmen and expressed concern as a citizen of the Town of Mashpee with respect to recent snow removal services performed by the Town.  In particular, Mr. Green indicated that several dangerous roadways were in need of additional treatments and the bikepaths/walkways were not cleared in a timely fashion.  Mr. Green recommended the Town spend additional funds for public safety during the winter months.

In response, the Town Manager recommended the DPW Director be consulted regarding decisions determined for the last snow storm.

The Selectmen decided not to place the topic on the agenda at this time.

                APPOINTMENTS AND HEARINGS:

                Chief Baker – Firefighter Request for Leave of Absence:

George Baker, Fire Chief was in attendance to request the Selectmen approve a leave of absence to Firefighter/Paramedic Scott Fetterman due to personal reasons.  It is the Chief’s recommendation to grant the leave of absence for a 30 day period effective March 1, 2009.

In accordance with the Town’s bylaw, the Board of Selectmen has discretion to grant a leave of absence without pay for medical or other good and sufficient reasons.  An approved leave of absence should not constitute a break in service.  An employee approved on leave is not entitled to any benefit, but can continue group health insurance coverage by paying the full premium cost monthly in advance.

Chief Baker indicated the Mr. Fetterman requested a six month leave of absence.  However, in the best interest of the Town, Chief Baker has recommended the leave of absence be granted for a period of thirty days.  Chief Baker indicated that he would remain in contact with the employee during the leave and stated that Mr. Fetterman would be required to make other choices or move on to additional options if the leave of absence were prolonged.

Motion made by Selectman Cook to grant Firefighter/Paramedic Scott Fetterman a (30) day Leave of Absence effective March 1, 2009.
Motion seconded by Selectman Myers.
VOTE:  Unanimous.  5-0.

For additional review, the Selectmen requested to review a copy of the written request of Mr. Fetterman for a leave of absence.

Certification of Hiring Process – 2 Firefighters:

Chief Baker requested the Selectmen certify and confirm the hiring of (2) Firefighter/Paramedics to allow the department a solid foundation of firefighters/paramedics at a fixed salary effective January 2, 2009.

Motion made by Selectman Cook to certify and confirm the appointment of Michael Desrosiers, Sr. and John J. LeVangie each as Firefighter/Paramedic for the Town of Mashpee effective January 2, 2009 at Step 1 of the intended pay scale.
Motion seconded by Selectman Taylor.
VOTE:  Unanimous.  5-0.

COMMUNICATIONS AND CORRESPONDENCE:

Communication from Representative Perry:

Communication received on this date from Representative Perry’s Office has notified the Selectmen that Legislation is before the Governor for signature to approve a change in the election of the Board of Water Commissioners to have the election of the Board of Water Commissioners of the Mashpee Water District and the Town of Mashpee elections held in conjunction with one another as of the 2009 Annual Elections.  The purpose is to maximize participation in the elections and minimize voter inconvenience.

Correspondence from the Town of Kingston:

Communication was received from the Town of Kingston regarding proposed Legislation relative to the use of Community Preservation Act funding for alternative energy initiatives.  The Selectmen agreed to remit the correspondence to the Community Preservation Committee for additional input.  Action was deferred at this time.

OLD BUSINESS:

Amendment to Policy No. 16 (Conduct Policy)

Correspondence was received from the Human Resources Director dated December 29, 2008 relative to revisions to the Professional Conduct Policy (Policy No.16) and the Discriminatory Harassment Policy (Policy No. 50) which was formerly the Sexual Harassment Policy.

Each of the revisions are model policies recommended by the Massachusetts Commission Against Discrimination and the Massachusetts Interlocal Insurance Association.  Adoption of these policies will assist in the Town’s goal of promoting a professional workplace that is free of harassment.  

The Selectmen recommended amending Policy No. 50 by deleting the named individuals presently representing the referenced positions of Town Manager and Director of Human Resources under III. Complaint Investigation.

Motion made by Selectman Cook to adopt Policy No. 16 and Policy No. 50 as amended.
Motion seconded by Selectman Green.
VOTE:  Unanimous.  5-0.

NEW BUSINESS:

Request of the Town Clerk – Increase in Fees:

Deborah Dami, Town Clerk was in attendance to recommend the Board of Selectmen adopt several fee increases for services provided by the Town Clerk’s Office.  Correspondence was received from the Town Clerk dated December 10, 2008 with respect to this regard.

Ms. Dami indicated the increases as proposed are in alignment with comparable communities.  The fee structure as proposed is reflected as follows:                              
                                        Current Fee             Proposed Fee
Business Certificates, 4-year cert          $20                     $40
Certified Copies                            $5                      $10
Pole Hearings                               $20                     $25
Intention to Marry                          $20                     $25
Raffle Permits                              $20                     $25
Resident/Voter List
        Hard Copy                           $20                     $25
        DVD                                 $5                      $20

Motion made by Selectman Cook to approve the Town Clerk Fee Structure as recommended effective January 5, 2009.
Motion seconded by Selectman Green.
VOTE:  4-1.
Selectman Myers opposed.

                NEW BUSINESS:

Mashpee Wampanoag Rod & Gun Club – Application for One-Day Permit:

Courtenay Mills, Mashpee Wampanoag Rod & Gun Club was in attendance to request the Selectmen approve the use of their liquor license for 2009 on January 17, 2009.

Motion made by Selectman Taylor to approve the One Day Liquor License of the Mashpee Wampanoag Rod & Gun Club on January 17, 2009 as requested.
Motion seconded by Selectman Green.
VOTE:  Unanimous.  5-0.

Recommendation for Appointment – Waterways Commission:

For future reference, the Board of Selectmen recommended that resumes be attached to letters of interest for appointment consideration to Town boards and committees.

Correspondence was received from the Waterways Commission dated December 11, 2008 recommending the appointment of Albert Wickel to fill the vacancy created by the recent resignation of Paul Lumsden.

Motion made by Selectman Cook to appoint Albert Wickel to the Waterways Commission.
Motion seconded by Selectman Taylor.
VOTE:  Unanimous.  5-0.

Request for Leave – Police Department Dispatcher:

Dispatcher Robin Desrosiers remitted communication to the Selectmen dated December 10, 2008 relative to a maternity leave of absence estimated in early June.  Ms. Derosiers anticipates returning to the police department’s communications division in September.

Motion made by Selectman Cook to grant Robin Desrosiers a leave of absence as referenced to run concurrent with the Family and Medical Leave Act (FMLA).
Motion seconded by Selectman Taylor.
VOTE:  Unanimous.  5-0.

                NEW BUSINESS:

                Designation of Voting Member – MMA Annual Business Meeting:

This year, the Massachusetts Municipal Association (MMA) Annual Business Meeting will be held on Saturday, January 24, 2009 at the Hynes Convention Center.  Each MMA member is entitled to one vote.  As it pertains to the Town of Mashpee, voting requirements state that local officials must be; the chairman of the Board of Selectmen or another selectman designated in writing by such chairman.

It was unanimously agreed Chairman and Selectman member John Cahalane would attend the MMA Business Meeting.  Selectman Theresa Cook agreed to serve as the designated alternate representative if Selectman Cahalane is unable to attend.

Acceptance of Resignation – Council on Aging:

Correspondence was received from Rose A. Shanker dated June, 2008 resigning from the Council on Aging Board at the end of June.

Motion made by Selectman Green to accept with regret, the resignation of Rose A. Shanker from the Council on Aging Board.
Motion seconded by Selectman Cook.
VOTE:  Unanimous.  5-0.

Recommendation for Appointment – Council on Aging:

The Selectmen were in receipt of a letter of interest from Jack Jordan dated December 17, 2008 to serve on the Council on Aging Board to fill the vacancy created by Rose Shanker.  Mr. Jordan has been very active with senior groups since moving to Mashpee in 1997.

Motion made by Selectman Cook to appoint Jack Jordan to the Council on Aging Board for a three year term to expire June 30, 2011.
Motion seconded by Selectman Green.
VOTE:  Unanimous.  5-0.

                NEW BUSINESS:

                Recommendation for Appointment – Affirmative Action Committee:

Deborah Vaughn submitted a letter of interest dated November 19, 2008 to serve on the Town’s Affirmative Action Committee/No Place for Hate Committee.  Members of the Affirmative Action Committee met on November 18, 2008 and recommended her appointment.

Motion made by Selectman Cook to appoint Deborah A. Vaughn to the Affirmative Action Committee/No Place for Hate Committee for a term to expire June 30, 2009.
Motion seconded by Selectman Green.
VOTE:  Unanimous.  5-0.

Ratification of Contract – Deputy Police Chief:

The Board of Selectmen, at their last meeting in Executive Session voted to accept the amended contractual agreement between the Town and the Deputy Police Chief.  Al Todino the Deputy Chief of Police was recognized for accepting a zero percent increase in the three-year agreement during a time of fiscal constraints.

Motion made by Selectmen Myers to ratify the personal service contract between the Town of Mashpee and Al Todino, Deputy Chief of Police as amended.
Motion seconded by Selectman Cook.
VOTE:  Unanimous.  5-0.

                NEW BUSINESS:

Acceptance of Resignation – Planning Board//CPC/EOC:

Motion made by Selectman Taylor to place the above topic on the Selectmen’s agenda.
Motion seconded by Selectman Cook.
VOTE:   Unanimous.  5-0.

The Selectmen were in receipt of correspondence from Beverly Kane dated December 29, 2008 resigning from her positions on the Planning Board, Community Preservation Committee and Environmental Oversight Committee effective immediately.

In sincere appreciation, the Board of Selectmen recognized the invaluable service and contributions made by Ms. Kane for the Town of Mashpee.

Motion made by Selectman Green to accept the resignation of Beverly Kane from the Planning Board, Community Preservation Committee and Environmental Oversight Committee with supreme regrets.
Motion seconded by Selectman Myers.
VOTE:  Unanimous.  5-0.

In accepting the resignation of Ms. Kane, the Board was in unanimous agreement to convey additional gratitude to Ms. Kane for her accomplishments on behalf of the Town of Mashpee.

NEW BUSINESS:

Request of DPW Director – Increase in Fees – Transfer Station:

In an effort to offset increased costs and revenue losses at the Transfer Station, Catherine Laurent, Director of Public Works was in attendance to discuss proposed increases in fees for the following;

                                Current Fee             Proposed Fee
        Single Trip Pass            $5                      $10

The pass allows one entry into the Transfer Station with no limit on the quantity of household trash to be disposed.  Approximately 1400 passes were sold in FY08.  An increase of $10 is comparable with neighboring Cape towns.

Discussion followed with respect to present economic conditions.

Motion made by Selectman Taylor to approve the Single Pass Trip fee of $10 per pass; 5 bag limit; $1.00 for each additional bag effective immediately.
Motion seconded by Selectman Cook.
VOTE:  Unanimous.  5-0.

                                        Current Fee             Proposed Fee
        Compost Bins               $20 per bin             $30 per bin

It was noted the Town offers the sale of the bins at a reduced rate to encourage composting.  The cost of the black compost bin is $40.

Motion made by Selectman Cook to accept the Compost Bin fee increase to $30 per bin effective immediately.
Motion seconded by Selectman Green.
VOTE:  Unanimous.  5-0.
                                Current Fee             Proposed Fee
FY10 Permits
Effective June 1, 2009.    $75                     $100

An increase to $100 is proposed to offset increased costs.  The revenue from permit sales in FY09 will only support 34% of the budget.

Motion made by Selectman Taylor to support for FY2010 Permits effective June 1, 2009, a permit cost of $85 for the first household permit; the second household permit shall remain the same at $10.
Motion seconded by Selectman Green.
VOTE:  Unanimous.  5-0.         
        
Mashpee Village – Small Cities Loan:

Motion made by Selectman Taylor to place the above topic on the Selectmen’s agenda.
Motion seconded by Selectman Green.
VOTE:  Unanimous.  5-0.

Correspondence was received from Town Counsel dated December 30, 2009 relative to an agreement with The Community Builders on behalf of Mashpee Village with regards to a Small Cities loan.

Motion made by Selectman Taylor to defer the referenced matter for additional information.
Motion seconded by Selectman Cook.
VOTE:  Unanimous.  5-0.

Adjournment:

Motion made by Selectman Taylor to adjourn at 7:16 p.m.
The Board will enter into Executive Session for the purpose of discussing personnel matters relative to (2) grievances.
The Board will not reconvene in Open Session.
Motion seconded by Selectman Green.
VOTE:  Unanimous.  5-0.

Roll Call Vote:
        Selectman Cahalane, yes         Selectman Taylor, yes
        Selectman Cook, yes                     Selectman Green, yes
        Selectman Myers, yes            Opposed, none

Respectfully submitted,

Kathleen M. Soares
Secretary to the Board of Selectmen