AGENDA
BOARD OF SELECTMEN
MONDAY, JANUARY 26, 2009
6:30 p.m. - Convene Meeting – Conference Room 1 – Mashpee Town Hall
MINUTES
Approval of the following:
Monday, January 5, 2009 Regular and Executive Sessions
APPOINTMENTS & HEARINGS
6:30 Public Comment
6:50 Public Hearing – Request for Transfer of Seasonal All Alcohol Package Store License from
Seasonal Enterprises, LLC to Popponesset Country Store, Kassandra Bucuvalas, Manager
7:00 Cape & Vineyard Electric Cooperative – Maggie Downey
Cape Light Compact – Mashpee’s Representative – Steve Lempitski
7:10 Public Hearing – Road Conversion of Spinnaker Drive, Starboard Drive, Simons Narrows Road, Half Hitch Lane, Yardarm Drive
7:20 Public Hearing – Road Conversion of Pondview Avenue
7:30 Water District – Coordination of Town and Water District Elections
COMMUNICATIONS & CORRESPONDENCE
OLD BUSINESS
1) Town Clerk Fees – Withdrawal of Increased Fee for Certified Copies
NEW BUSINESS
1) Recommendation for Award of Contract – Trash & Recycling Collection
2) Recommendation for Bid Acceptance – Operation of Transfer Station
3) Request to Deficit Spend for Snow & Ice Operations
4) Snow & Ice Removal Policy
5) Certification of Hiring Process – Firefighter/Paramedic
6) Request for Approval and Execution – Fire Dispatch Contract
7) Recommendation for Reappointment – Barnstable HOME Consortium
8) Recommendation for Appointment – Human Services Committee
9) Request of Massachusetts BASS Federation – Mashpee-Wakeby Youth Event
10) Execution of Betterment Assessment – Preakness Avenue
11) Execution of Betterment Assessment – Equestrian Avenue
12) Planning Board Vacancy
MMR ISSUES
ENVIRONMENTAL OVERSIGHT COMMITTEE
EXECUTIVE SESSION
Board of Selectmen
Minutes
January 26, 2009
Present: Selectman Cahalane, Selectman Taylor, Selectman Cook,
Selectman Myers
Town Manager Joyce Mason
Assistant Town Manager René Read
Absent: Selectman Green
Meeting Called to Order by Chairman Cahalane at 6:30 p.m.
Town Hall, Conference Room #1
MINUTES:
Monday, January 5, 2009 Regular and Executive Sessions:
Motion made by Selectman Cook to approve the Regular and
Executive Session minutes of Monday, January 5, 2009 as presented.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 4-0.
APPOINTMENTS AND HEARINGS:
Public Comment:
Bill Martiros, Cranberry Avenue, a former member of the Mashpee High School Building Committee strongly suggested the Board take into consideration, the winter temperatures when pouring the cement foundation for the new Library building. In response, the Town Manager indicated the Town and the Library general contractor are aware of this concern and taking winter precautions during the construction process.
In other business, Carli Taylor requested the Selectmen approve the use of the bandstand/garden area adjacent to the Veteran’s Memorial Park to hold a memorial service/birthday celebration to honor the memory of Rhiannon McCuish. Approximately fifty persons are expected to attend the gathering. Ms. Taylor asked permission to light up a nearby tree in pink and release pink balloons on Thursday, January 29th at 6:00 p.m. The Selectmen, in support of the memorial service/birthday celebration as planned for the former Mashpee student suggested Ms. Taylor discuss with the Chief of Police, the most suitable method for attendee’s to access the site. The Selectmen were in support of the initiative and Catherine Laurent, the Director of Public Works offered to assist
with the lighting.
Motion made by Selectman Cook to approve the memorial service/birthday celebration for Rhiannon McCuish on Thursday, January 29, 2009 in the garden area of the Veteran’s Memorial Park.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 4-0.
COMMUNICATION AND CORRESPONDENCE:
Correspondence from the Town of Kingston:
At the last meeting, the Selectmen briefly discussed communication received from the Town of Kingston dated December 10, 2008 requesting consideration of an amendment to the Community Preservation Act to allow member CPA towns the ability to appropriate funds for Green Energy Initiatives in addition to current projects allowed under statute. Allowable uses of CPA funds currently include four categories; open space, recreation, community housing and historic preservation. The Selectmen directed the matter to the Community Preservation Committee.
The Mashpee CPC Committee sought input from the Community Preservation Coalition, and recommended the Selectmen not show support for such an initiative. It was noted that green initiatives are presently allowed under the CPA Act during the creation or support of community housing, or the rehabilitation of historical assets.
COMMUNICATIONS AND CORRESPONDENCE:
MMA Annual Conference:
The Town Manager and several members of the Board of Selectmen recently attended the Annual Massachusetts Municipal Association conference in Boston. Governor Deval Patrick gave a budget overview and towns and cities are expected to receive their aid reductions proposed for the 2010 fiscal year next week. An informational packet of the meeting is available for all Selectmen members.
Of note was an Ethics Policy prepared by the Town of Eastham on the responsibilities of a Board of Selectmen for possible adoption. The Selectmen agreed to review the policy at a future meeting in conjunction with the policies Town has currently adopted for additional consideration.
OLD BUSINESS:
Town Clerk Fees – Withdrawal of Increased Fee for Certified Copies:
At their January 5, 2009 meeting, the Board of Selectmen adopted several fee increases for services provided by the Town Clerk’s Office. The vote of the Board to approve the Town Clerk Fee Structure was 4-1. Selectman Myers was in opposition and noted to be opposed to the increase in the fee structure proposed for certified copies, in particular birth certificates.
After additional consideration, Deborah Dami, the Town Clerk was in attendance to request the Selectmen withdraw her request to increase fees for Certified Copies from $5.00 to $10.00.
Motion made by Selectman Taylor to accept the Town Clerk’s recommendation, and amend the motion of January 5, 2009 to allow the cost for Certified Copies to remain at $5.00.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 4-0.
NEW BUSINESS:
Catherine Laurent, Director of Public Works was in attendance to discuss the following agenda topics with members of the Board of Selectmen:
Recommendation for Award of Contract – Trash & Recycling Collection:
Bids were received on Wednesday, January 7, 2009 for the provision of trash and recycling collections at various Town buildings and properties. Correspondence was received from the Director of Public Works dated January 9, 2009 with respect to this regard.
The DPW has recommended that a contract be awarded to Casella Waste Management of East Sandwich, MA, the low bidder for the project for calendar year 2009. Under the terms of the contract, the Town has the option to renew for two subsequent years.
The cost assumption is as follows;
Trash Collection:
4 CY, per week $19.80
6 CY, per week $29.70
10 CY, per week $39.00
10 CY, 5 days per week $195.00
10 CY, 3 days per week $117.00
10 CY, extra pick-up $39.00
Recycling
4 CY, per week $25.00
10 CY, per month $25.00
The contractor will assume trash and recycling collection effective July 1, 2009.
Motion made by Selectman Myers to accept the low bid received from Casella Waste Management of East Sandwich, MA for Trash & Recycling Collection for Calendar Year 2009 as recommended.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 4-0.
NEW BUSINESS:
Recommendation for Bid Acceptance – Operation of Transfer Station:
Correspondence was received from the DPW Director dated January 20, 2009 relative to the contract for the operation of the Transfer Station. One bid was received for the daily operation of the Mashpee Transfer Station and the hauling of recyclables to market. The bid for FY2010 includes the option to renew for an additional four years.
It is the recommendation of the DPW to award the contract to We Care Transportation LLC of Jordan, New York. It was disclosed that We Care Transportation has been the operator of the Transfer Station since July 1, 2004. The base bid reflects a 22% decrease from FY09 resulting primarily due to reduced equipment costs. The bid represents a savings of $122,458 in FY2010. If the bid is accepted, the estimated total operational cost for FY2010 including hauling is $365,920.
As of July 1st, the Transfer Station will accept brush from residential properties. The hours of operation at the Transfer Station will remain unchanged. The bid quotation for FY2010 is as follows;
Year 1
Bid Price for Operation: $303,000
Bid for Hauling:
Franklin $440.00 per trip
Westport $385.00 per trip
New Bedford $330.00 per trip
Bourne $0 per trip
Brush Grinding $0 per day above minimum bid requirements
Motion made by Selectman Cook to accept the bid from We Care Transportation of Jordan, NY for fiscal year 2010 as presented.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 4-0.
NEW BUSINESS:
Snow & Ice Removal Policy:
DPW Director, Catherine Laurent was in attendance to request the Selectmen authorize her department to deficit spend for Snow & Ice operations. The amount budgeted is $116,500. to date, invoices and payroll amount to approximately $112,000.
Motion made by Selectman Taylor to approve the request of the DPW to deficit spend for Snow & Ice operations.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 4-0.
For additional reference, the Selectmen reviewed the Snow Removal Policy, No. 014 whereby; The Mashpee Department of Public Works provides the removal and treatment of snow and ice on all town roads, town facilities and private roads as qualified in Policy No. 14.
In accordance with the policy, road treatment of sand and salt is provided on an as needed basis. Treatment is provided first to primary public roads and then to collector roads and Town-owned buildings including the Police Station, Fire Station, Town Hall, Senior Center, Library and the Kids Klub. Primary response treated roads encompass approximately 41+ miles (82 lane miles). Secondary response treated roads amount to 52 lane miles or an estimated 26+ miles. A list of primary and secondary response treated roads was distributed to the Selectmen for additional review.
APPOINTMENTS AND HEARINGS:
Public Hearing – Request for Transfer of Seasonal All Alcohol Package Store License from Seasonal Enterprises, LLC to Popponesset Country Store, Kassandra Bucuvalas, Manager:
The Board of Selectmen opened the Public Hearing on the application of Popponesset Country Store, Kassandra Bucuvalas, Manager, for a transfer of Seasonal All Alcohol Package Store License from Seasonal Enterprises LLC, d/b/a The Country Store, Joseph Anastos, Manager. The subject premise is located at 259 Rock Landing Road, Mashpee.
The Hearing notice was read aloud in accordance with posting procedures and requirements. It was noted the application is in order and the necessary paperwork is deemed complete.
Kassandra Bucuvalas, Manager was in attendance with the owner Paul Bucuvalas to discuss the license application with members of the Board of Selectmen.
The Bucuvalas indicated they intend to maintain the same hours of operation for the family-run variety store. 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 Cook.
VOTE: Unanimous. 4-0.
Motion made by Selectman Taylor to approve the application of Popponesset Country Store, Kassandra Bucuvalas, Manager, for a transfer of Seasonal All Alcohol Package Store License from Seasonal Enterprises LLC, d/b/a The Country Store, Joseph Anastos, Manager.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 4-0.
APPOINTMENTS AND HEARINGS:
Cape & Vineyard Electric Cooperative – Maggie Downey:
Cape Light Compact – Mashpee’s Representative Steve Lempitski:
Maggie Downey and Joseph Soares gave the Selectmen and interested public an overview of the Cape & Vineyard Electric Cooperative. The Cape & Vineyard Electric Cooperative, Inc. is a group organized to assist municipalities in taking advantage of state and federal tax incentives when planning renewable energy projects. In accordance with the Cooperative bylaws, any municipality, county or political subdivision thereof meeting the requirements of IRS Code Section 115 is eligible to apply for membership. Benefits of joining the Cooperative include; lower cost financing and benefits of net metering to bring forth financial savings to towns and consumers.
Two articles proposed for the Annual Town Meeting Warrant were presented to the Selectmen for consideration. Article 1 would authorize the application for membership. Membership would allow Mashpee to advance forward with solar and wind projects at lower costs per kwh. Added benefits include the ability to sell surplus energy generated by renewables back to the Cooperative at a pre-arranged price to ensure renewable energy captured remains on the Cape. Article 2 as proposed would authorize the Selectmen to negotiate terms and conditions of its membership in the Cooperative.
The Selectmen were in support of the proposal, and agreed to further review this matter with the Town’s Energy Committee.
Steven Lempitski, newly appointed as the Town’s representative to the Cape Light Compact gave a brief overview of the rebate project and the general benefit of electricity savings. Mr. Lempitski expressed support to the Cape & Vineyard Electric Cooperative and agreed to update the Board on matters of importance and upcoming activities.
APPOINTMENTS AND HEARINGS:
Public Hearing – Road Conversion of Spinnaker Drive, Starboard Drive, Simons Narrows Road, Half Hitch Lane, Yardarm Drive:
The Board of Selectmen opened the Public Hearing to consider the adoption of proposed Town road layouts as shown on the following plans;
Easement Taking and Layout Plan of Spinnaker Drive dated January 18, 2008, Easement Taking and Layout Plan of Starboard Drive dated December 10, 2007, Easement Taking and Layout Plan of Simons Narrows Road dated February 13, 2008, Easement Taking and Layout Plan of Half Hitch Lane dated December 7, 2007, and Easement Taking and Layout Plan of Yardarm Drive dated February 13, 2008.
The Hearing notice was read aloud for informational purposes. It was disclosed the total estimated betterment cost is $413,106.75. The maximum estimated cost to be borne by 105 property owners is $3,934.36.
Catherine Laurent, Director of Public Works was in attendance to discuss the intention of the project proposal. Work shall be performed by the Department of Public Works to bring the referenced roads to Town standards.
Upon conclusion of said Hearing and receipt of a petition signed by 50% of the property owners, the Board of Selectmen shall proceed with placing an article on the next available Town Meeting. The deadline for placement of an article on the May 2009 Town Meeting warrant is February 9, 2009.
The Selectmen opened the Hearing to solicit comment.
Thomas Pyles of 54 Yardarm Drive, President of the Bayridge Homeowners Association indicated the association petitioned the Town for the road taking article. Mr. Pyles stated the Town’s greatest asset is its infrastructure, and it is important to make sure the roads are safe for emergency vehicles, children and public safety. It was noted the required second petition is presently being circulated, and to date, the minimum requirement for signatures has been met.
Mary Puzio 301 Simons Narrows Road expressed her disagreement to the road conversion proposal. Ms. Puzio stated that her home is not within the Bayridge Association. Ms. Puzio indicated the neighbors on her side of the road are not in favor of the road taking. In her opinion, residents of Simons Narrows Road should not pay for the betterment of the other roads.
In response, the Director of Public Works indicated that Simons Narrows Road is in the worst condition and in need of complete restoration. The other roads only require an overlay. If the road conversion was solely for Simons Narrows Road, the betterment for the homeowners would be greater, at least 50% of the betterment cost estimate is for Simons Narrows Road related work. Ms. Laurent agreed to re-configure the estimate to reflect the true cost for Simons Narrows Road.
Ms. Puzio asked to review the cost estimate for Simons Narrows Road. The Town Manager indicated that a copy of the cost estimate would be available in the Selectmen’s Office. Ms. Puzio noted that some of the homeowners of Simons Narrows Road are seasonal residents. It was disclosed the Assessor’s owners listing report contained in the abutters list was used to contact the residents of the Hearing.
Selectman Myers, a resident of Half Hitch Lane indicated that he would step down from the public comment portion of the meeting.
Theresa Sweatman of 36 Spinnaker Drive stated that most residents are not aware the betterment cost can be spread over a twenty year period. Ms. Sweatman added that Simons Narrows Road is well traveled and is in a dangerous condition. As an area resident, Ms. Sweatman stated that she feels the surrounding neighborhoods are assisting the residents of Simons Narrows Road by sharing the cost of repairing it.
The Town Manager announced the deadline for the second petition requirement to be submitted to the Selectmen’s Office on or before the second Monday in February by 3:30 p.m. for placement on the May 2009 Town Meeting Warrant. The road conversion requires signatures from 50% of the property owners on Simons Narrows Road or signatures from all of the property owners.
Mr. Pyles noted the Bayridge Homeowners Association for the past seven years has assumed the responsibility for purchasing liability insurance for both sides of the street in an effort too limit liability. Ms. Pyles added that at least 2/3rd of the expense of the reference road conversion is going to re-build Simons Narrows Road.
Being no further comment, the Board motioned to close the Public Hearing.
Motion made by Selectman Cook to close the Public Hearing.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 4-0.
APPOINTMENTS AND HEARINGS:
Public Hearing – Road Conversion of Pondview Avenue:
The Board of Selectmen opened the Public Hearing to consider the adoption of a proposed Town road layout as shown on a plan entitled Easement Taking and Layout Plan of Pondview Avenue, dated October 25, 2007.
The Hearing notice was read aloud in accordance with posting procedures.
The estimated betterment cost is $55,475.11. The maximum estimated cost to be borne by the 8 property owners is $6,934.39.
All property owners were notified of said Hearing. There was no one present for public comment. Two letters were received in opposition to the conversion of Pondview Avenue into a public road. The letters of opposition were received from Janet Hubbard co-trustee of 11 Pondview Avenue and John Lazarovich, co-trustee of 11 Pondview Avenue. For disclosure, the letters were read aloud into the public record. As noted, the present road condition of Pondview Avenue does not represent a safety concern; the road as it exists was noted to be in better condition than other streets in the area.
Being no comment, the Board motioned to close the Public Hearing.
Motion made by Selectman Cook to close the Public Hearing.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 4-0.
Water District – Coordination of Town and Water District Elections:
Having a quorum, the Water District convened their meeting to discuss with the Selectmen, the coordination of the elections between the Town and Water District. In attendance was Tom Fudala and Perry Ellis with their counsel William Henchy and Deborah Dami, the Town Clerk.
It was disclosed that Governor Patrick endorsed Legislation on January 10, 2009 to allow the change in the Water District election to co-inside with the Town election. However, it was not clear if the Water District ballot would be incorporated onto the Mashpee Annual Election ballot or be considered as a separate election ballot.
Ms. Dami recommended both elections be placed on one ballot and be considered as a joint warrant to allow the Town Clerk to run the election. There would be no additional cost. The Water District would have the ability to separately announce and conduct their nomination process. The warrant when prepared would then be approved by both the Board of Selectmen and Board of Water District Commissioners.
Upon discussion, (1) joint warrant for 2009 was considered and agreed upon by the Board of Selectmen and Board of Water District Commissioners. It was agreed that Town Counsel and counsel for the Water District would review the process as soon as possible and consider an Intermunicipal Agreement intended to establish the terms for the merger of the ballot.
NEW BUSINESS:
Certification of Hiring Process – Firefighter/Paramedic:
George Baker, Fire Chief was in attendance to recommend the Board certify and confirm the appointment of Matthew Malone as Firefighter/Paramedic, at Step 1 effective February 1, 2009.
Motion made by Selectman Cook to certify and confirm the appointment of Matthew Malone as Firefighter/Paramedic as recommended and pending a CORI background check.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 4-0.
NEW BUSINESS:
Request for Approval and Execution – Fire Dispatch Contract:
The Board of Selectmen reviewed the current draft of the Fire Dispatch contract with the Barnstable County Sheriff’s Office. The fee per call, $16.50 has increased to $17.00. The overall charge of $20,000 from July 1, 2008 through June 30, 2009 is based upon call volume.
Motion made by Selectman Cook to approve the contract between the Town of Mashpee and Sheriff’s Department for the Operation of a Fire Dispatch Center.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 4-0.
Recommendation for Reappointment – Barnstable HOME Consortium:
Correspondence was received from the Barnstable County HOME Consortium dated January 5, 2009 informing the Selectmen that the three year term of Mashpee’s representative is scheduled to expire at the end of this month.
Motion made by Selectman Cook to reappoint Lorri Finton to the Barnstable County HOME Consortium for a term to expire January 31, 2012.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 4-0.
Recommendation for Appointment – Human Services Committee:
A letter of interest was received from Elinor Glener in response to the vacant position on the Human Services Committee. Correspondence was received from Mary Scanlon recommending her appointment.
Motion made by Selectman Myers to appoint Elinor Glener to the Human Services Committee as recommended.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 4-0.
NEW BUSINESS:
Request of Massachusetts BASS Federation – Mashpee-Wakeby Youth Event:
Communication was received from the Massachusetts BASS Federation dated January 8, 2009 requesting the Selectmen consider a permit for a youth event to be held at Mashpee-Wakeby Pond on Saturday, May 16, 2009 from 8:00 a.m. to 1:00 p.m.
The program is fully funded by the federation. The permit request is for 25 boats although 20 boats are anticipated. It was noted that Perry Ellis, the Harbormaster is supportive of the youth event. All rules and regulations pertaining to use of the pond must be followed.
Motion made by Selectman Cook to approve the request of the Massachusetts BASS Federation for a permit to hold a youth event at Mashpee-Wakeby Pond on May 16, 2009 as described.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 3-0.
Selectman Taylor abstained.
Execution of Betterment Assessment – Preakness Avenue:
Motion made by Selectman Cook to execute the Betterment Assessment for Preakness Avenue as presented. Said road improvements cost $24,362.52. The cost to be borne by each property owner is $1,874.04.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 4-0.
Execution of Betterment Assessment – Equestrian Avenue:
Motion made by Selectman Cook to execute the Betterment Assessment for Equestrian Avenue as presented. Said road improvements cost $17,264. The cost to be borne by each property owner is $2,158.00.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 4-0.
NEW BUSINESS:
Planning Board Vacancy:
Correspondence was received from the Planning Board dated January 8, 2009 relative to the vacancy on the Planning Board. The vacancy has been duly advertised. At the close of the notification process, the Board of Selectmen shall schedule a joint meeting with the Planning Board for the purpose of electing a Planning Board member.
ENVIRONMENTAL OVERSIGHT COMMITTEE:
Due to poor weather conditions, the EOC did not reach a quorum to hold their last meeting. The next scheduled meeting is Thursday, February 12, 2009.
With reference to the (3) RFP’s reviewed by the Cape Cod Commission (CCC) for the Santuit Pond Diagnostic Study, it was disclosed that ENSR had the most advantageous proposal. ENSR of Sagamore Beach was also the firm held in high regard by the Environmental Oversight Committee. The Town Manager indicated that she would email the CCC analysis to the Board of Selectmen for additional review.
It was agreed the Selectmen would schedule the Santuit Pond Diagnostic Study as an agenda topic at the February 9, 2009 meeting and move forward with an article for the May 2009 Town Meeting warrant.
Adjournment:
Motion made by Selectman Myers to adjourn at 8:15 p.m.
Motion seconded by Selectman Taylor.
VOTE: Unanimous. 4-0.
Respectfully submitted,
Kathleen M. Soares
Secretary to the Board of Selectmen
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