AGENDA
BOARD OF SELECTMEN
MONDAY, FEBRUARY 9, 2009
6:30 p.m. - Convene Meeting – Conference Room 1 – Mashpee Town Hall
MINUTES
Approval of the following:
Monday, January 26, 2009 Regular Session
APPOINTMENTS & HEARINGS
6:30 Public Comment
6:40 Police Chief/ Waterways Commission – Request to Increase Mooring Fees
6:50 Public Hearing – Application of H&M LLC, d/b/a Heather for Transfer of Stock and Change of Manager for Annual All Alcohol Restaurant License
7:00 Americorps – Update
7:10 Planning Board – Joint Appointment/CPC Designee
7:20 Public Hearing (cont’d) New Seabury Development Corporation – Signs on Town Property
COMMUNICATIONS & CORRESPONDENCE
1) Notice of Public Hearing – Trash Disposal & Recycling Options
OLD BUSINESS
1) Review & Execution of Subordination Agreement
NEW BUSINESS
1) Recommendation for Bid Acceptance – Wastewater Treatment & Disposal Services for Town Properties
2) Review and Approve the Cable Television License Renewal Ascertainment Report
3) Draft Grant Application – Santuit Pond Study
4) Amendment to Town Policy No. 49 – Family and Medical Leave Policy
5) Approval of Intermunicipal Agreement with Water District
MMR ISSUES
ENVIRONMENTAL OVERSIGHT COMMITTEE
EXECUTIVE SESSION
Board of Selectmen
Minutes
February 9, 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, January 26, 2009 Regular Session:
The minutes were amended on page 15; second sentence to read: The fee per call, $16.50 has increased to $17.00.
Motion made by Selectman Myers to approve the minutes of Monday,
January 26, 2009 as amended.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 4-0.
Selectman Green abstained.
APPOINTMENTS AND HEARINGS:
Public Comment:
At the last meeting, the Selectmen met with representatives from the Cape & Vineyard Electric Cooperative and agreed to support two articles proposed for the May Annual Town Meeting. One of which is an application for membership. The second proposed article would authorize the Selectmen to negotiate terms and conditions of its membership.
Mashpee resident Peter White expressed support of this initiative and indicated that it is a positive approach for Mashpee and the entire Cape. In an effort to obtain voter support for the articles, Mr. White suggested the Selectmen request the Cape & Vineyard Electric Cooperative prepare an informational flyer to disseminate to the voters at Town Meeting.
In other business, Mr. White recommended the town develop more affordable housing for the town’s workforce.
Police Chief/Waterways Commission – Request to Increase Mooring Fees:
Rodney Collins, Chief of Police was in attendance with Perry Ellis, the Harbormaster to request the Selectmen’s consideration to increase mooring fees. Ken Bates, Chair of the Waterways Commission was also present. Mr. Bates indicated the Waterways Commission voted in support of a fee increase to generate additional revenues. The new fee structure as proposed would improve the revenue flow to support costs associated to dredging projects (not including the Mashpee River) and associated permitting.
The current mooring fee is $50 for the first 20 feet and $5 per foot thereafter. The fee has not been increased for six years. The revised fee structure developed by the Waterways Commission for mooring fees is as follows;
Boats up to 20’ $200
Boats from 20+’ to 25” $250
Boats from 25+’ to 30’ $300
Boats from 30+’ $400
Mooring permits are issued for a term of one year and are available to individuals who wish to moor or anchor a boat in the various harbors or waters within the Town of Mashpee. There is no association of a mooring with property ownership. Discussion followed with respect to the fee increase and the impact to the mooring holders. However, with a loss in local aid and the reduction of town expenditures, the fee increase would provide a positive impact towards the navigation of the town waters enjoyed by the boaters.
The Mashpee Mooring Regulations as proposed for 2009 was presented to the Selectmen for additional review. The regulations at present do not have a commercial mooring rate. There are 15 commercial moorings. It was noted the mooring tackle dictates the size of the boat that is accommodated to a mooring.
Motion made by Selectman Taylor to approve the revised structure for Mooring Fees as recommended by the Waterways Commission, and request that commercial mooring rates be further reviewed at the next Selectmen’s Meeting.
Motion seconded by Selectman Cook.
VOTE: 4-1. Motion carries.
Selectman Myers in opposition.
APPOINTMENTS AND HEARINGS:
Public Hearing – Application of H&M LLC, d/b/a Heather for Transfer of Stock and Change of Manager for Annual All Alcohol Restaurant License:
The Board of Selectmen opened the Public Hearing on the application of New England Seasonings, LLC, for a Transfer of Stock from H&M LLC; and application for Change of Manager from Matthew Conley to Heather Allen. The subject premise is located at 20 Joy Streeet, Units C8, C7 & C7B, SouthCape Village, Mashpee.
The Hearing notice was read aloud by the Town Manager in accordance with posting requirements. Heather Allen was in attendance with her counsel, Neil Moody to discuss the intent of the application with the Board of Selectmen. The description of the premise remains the same.
As required by the Alcoholic Beverage Control Commission (ABCC), it was disclosed Ms. Allen submitted her birth certificate. All other necessary paperwork was in order for the Selectmen’s approval.
The Board opened the Hearing to solicit comment. 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. 5-0.
Motion made by Selectman Taylor to approve the application of New England Seasonings, LLC, for a Transfer of Stock from H&M LLC; and application for Change of Manager from Matthew Conley to Heather Allen for use at 20 Joy Street, Mashpee, MA.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
COMMUNICATIONS AND CORRESPONDENCE:
Notice of Public Hearing – Trash Disposal & Recycling Options:
For informational purposes the Public Hearing notice for the purpose of discussing trash disposal and recycling options was read aloud as follows;
The Mashpee Board of Selectmen will conduct a Public Hearing
Forum on Monday, March 16, 2009 at 6:30 p.m. in Meeting Room #1 at the Mashpee Town Hall, 16 Great Neck Road North, Mashpee to discuss various trash disposal and recycling options including curbside pick-up and the Pay-As-You-Throw/Save-As-You-Throw programs. Citizens are invited to participate in this very important discussion.
APPOINTMENTS AND HEARINGS:
Americorps – Update:
Representatives from the Barnstable County Americorps Cape Cod program were in attendance to announce the acceptance of proposals for group service projects for the 2009 service year. Americorps is a full time residential service program dedicated to addressing the natural resource management and disaster preparedness/response needs of the Cape Cod community. There is no cost to the community for Americorps Cape Cod services. Each year, twenty-six educated and skilled members participate in hands on projects with public, non-profit and community based organizations.
This past year, the Americorps Cape Cod has worked with Rick York, the Mashpee Shellfish Constable in municipal shellfish propagation.
Americorps Cape Cod is funded by Barnstable County and by grants. Housing is provided by the Cape Cod National Seashore and Barnstable County. Project ideas and guidelines can be reviewed on the website: www.rdoac.org.
In natural resource management, Americorps Cape Cod has also assisted with trail construction and maintenance, grassland restoration, invasive plant removal, beach grass planting, waterway and herring run reclamation, educational signage for storm drains, assessment of coastal access for handicapped and special needs users and salt marsh and freshwater pond monitoring. In disaster preparedness and response, services include emergency sheltering with the Cape & Islands Red Cross Chapter, recruiting and training community volunteers for local disaster response, and responding to marine mammal strandings with the Cape Cod Stranding Network.
Attorney Peter Freeman, a member of the advisory board of Americorps Cape Cod was in attendance as a supportive liaison.
Public Hearing (cont’d) New Seabury Development Corporation – Signs on Town Property:
The Board of Selectmen re-opened the Public Hearing continued from December 15, 2008 on the application of New Seabury Development Corporation, Daniel Buckley Project Manager, for permission to place signs on town property.
Correspondence was received from the Design Review Committee dated January 22, 2009 with respect to this regard.
It was disclosed that there has been a recent change in staffing. As a result, a representative from New Seabury Development Corporation was not in attendance to discuss the subject matter with the Board of Selectmen. It was agreed the Hearing would be continued.
Motion made by Selectman Cook to continue the Public Hearing on the application of New Seabury Development Corporation for permission to place signs on town property to Monday, February 23, 2009 at 6:40 p.m.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
OLD BUSINESS:
Review & Execution of Subordination Agreement:
The Board of Selectmen reviewed the Subordination Agreement relative to the Mashpee Village housing project with The Community Builders (TCB) as it pertains to a Small Cities Loan. The amended Agreement was reviewed to form by Town Counsel Patrick Costello.
Motion made by Selectman Myers to approve and execute the amended Subordination Agreement between the Town of Mashpee and TCB Limited Partnership with respect to a multi-family residential project known as the Mashpee Village.
Motion seconded by Selectman Cook.
VOTE: Unanimous. 5-0.
APPOINTMENTS AND HEARINGS:
Planning Board – Joint Appointment:
The Board of Selectmen met in joint convention with members of the Planning Board for the purpose of appointing a member to the Planning Board, a vacancy created by the resignation of Beverly Kane.
The appointee would fill the position until the May 2009 Annual Election.
The Planning Board called their meeting to order. In attendance were Thomas O’Hara, Dennis Balzarini, James Leonard and Joseph Mullin.
In response to advertisement, two letters of interest were received. Mary Elaine Waygan, an Associate Planning Board member submitted a letter of interest dated January 9, 2009. The second letter of interest was received from Albert Wickel, a former USAF military commander dated February 6, 2009.
Motion made by Thomas O’Hara to nominate Albert Wickel to serve as a member of the Planning Board.
Motion seconded by Dennis Balzarini.
The nomination was opened for discussion. Planning Board member James Leonard requested the appointment be postponed to allow the Planning Board the opportunity to interview the recommended candidate. Maintaining a voting quorum was prioritized for appointment of this regulatory board. Several members expressed high regard with respect to the nominated candidate.
Roll Call Vote:
Board of Selectmen:
Selectman Cahalane, yes Selectman Taylor, yes
Selectman Cook, yes Selectman Green, yes
Selectman Myers, yes
Planning Board:
Thomas O’Hara, yes Dennis Balzarini, yes
Jim Leonard, no Joseph Mullin, yes
VOTE: 8-1. Motion carries
CPC Candidate for Appointment:
For quorum purposes, the Selectmen requested the Planning Board appoint a designee to the Community Preservation Committee (CPC) to fill the vacancy created by the resignation of Beverly Kane. It was noted the Chair of the Planning Board is usually the designee.
Motion made by Mr. Balzarini to appoint Thomas O’Hara to the Community Preservation Committee representing the Planning Board.
Motion seconded by Mr. Mullin.
VOTE: Unanimous. 4-0.
NEW BUSINESS:
Recommendation for Bid Acceptance – Wastewater Treatment & Disposal Services for Town Properties:
In response to advertisement, (1) proposal was received from Mashpee Commons Limited Partnership for the purpose of providing wastewater treatment and disposal services to real property owned by the Town of Mashpee located off Route 151. At this time, the proposal includes the new Mashpee Library, the Police Department building, the Fire Department building and the new Senior Center (the Wastewater Service Area). The Schools and remaining Town owned buildings are expected to be serviced in subsequent phases and will be separately negotiated.
Motion made by Selectman Cook to accept the bid from Mashpee Commons Limited Partnership for Wastewater Treatment and Disposal Services as proposed for 2009 at a rate of $3.44 per gallon.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Review and Approve the Cable Television License Renewal Ascertainment Report:
The Mashpee Cable and Advanced Technology Advisory Board
(MCAT) at their meeting of January 6, 2009 voted to accept the cable television license renewal ascertainment report. The renewal has also been reviewed and approved by the Town Manager’s Office and special legal counsel.
It was agreed the ascertainment report would be amended to reflect on page 2 under (b) PEG Access Capital Funding. The correct capital figure is $263,450.
Motion made by Selectman Cook to approve the Cable Television License Renewal Ascertainment Report as amended.
Motions seconded by Selectman Green.
VOTE: Unanimous. 5-0.
Draft Grant Application – Santuit Pond Study:
The Board of Selectmen reviewed projects for which the Town is seeking grant funding. One of which would assist in the resolution of water issues pertaining to the Santuit Pond. The Town of Mashpee consultant for the Santuit Pond Diagnostic study is the ENSR Corporation of Sagamore. The projected schedule is 12 -14 months for a total estimated cost of $52,000. The Planning Department, Health, GIS and Conservation Departments are assisting in the grant application related to the Textron Systems Corporation/Massachusetts Military Reservation Superfund Site. Comments from the Selectman can be forwarded to the Assistant Town Manager. The deadline to submit the grant application is March 11, 2009.
A second project for possible grant funding would allow for the creation of a guide booklet to protect Cape Cod waters. The grant application is in draft form and would be included in the request for funding from the Natural Resource Damages fund. It is estimated “The Blue Pages Project” would cost approximately $26,000 to purchase copyrighted material, and to print and mail the publication. The guide is similar to “The Orleans Blue Pages” which can be found on the following website: www.orleanspondcoalition.org/blu_waters_campaign.
The Selectmen were in support of the two referenced grant application projects. It was agreed the draft Blue Pages project would be further reviewed to possibly incorporate the MMR as eligible projects should have a strong relationship to the injured groundwater resources and the services they provide. Groundwater restoration projects can encompass a wide range of strategies to develop, protect, maintain and conserve current and potential drinking water supplies and to provide for the protection of natural ecosystems.
Amendment to Town Policy No. 49 – Family and Medical Leave Policy:
Policy No. 49, the policy of the Town to provide leave in accordance with the Family and Medical Leave Act of 1993 (FMLA) was amended in accord with newly adopted rules and regulations.
Motion made by Selectman Cook to approve the Town’s FMLA Policy No. 49 as amended.
Motion seconded by Selectman Myers.
VOTE: Unanimous. 5-0.
NEW BUSINESS:
Approval of Intermunicipal Agreement between the Town and Water District:
Motion made by Selectman Taylor to place the above topic on the Selectmen’s agenda.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
An Intermunicipal Agreement by and between the Town of Mashpee and Mashpee Water District intended to establish the terms for the merger of the ballot for the Town’s 2009 Annual Election was presented to the Selectmen for approval. The document was reviewed and approved of by representing counsels and by the Town Clerk to form.
Motion made by Selectman Taylor to approve the Intermunicipal Agreement between the Town of Mashpee and Water District for the 2009 Annual Election.
Motion seconded by Selectman Green.
VOTE: Unanimous. 5-0.
COMMUNICATIONS AND CORRESPONDENCE:
FY2010 Budget:
Joyce Mason, the Town Manager indicated to the Board that she is prepared to present a balanced budget for 2010 to the Selectmen at the next scheduled meeting. Ms. Mason is expected to review the proposed budget with the Finance Committee on Thursday. The budget represents a 1% reduction in general government and a level funded School budget minus the transfer of funds for building and grounds.
Adjournment:
Motion made by Selectman Myers to adjourn at 7:30 p.m.
The Board will enter into Executive Session for the purpose of discussing a grievance and contract negotiations. The Board will not return to Open Session.
Motion seconded by Selectman Cook.
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
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